Posted by
T. Manna on Friday, October 24, 2008 8:21:55 AM
Will the Supreme Court have to get involved in another election?
Article II (section 1) in our Constitution states -
No person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President; neither shall any Person be eligible to that Office who shall not have attained to the Age of thirty five Years, and been fourteen Years a Resident within the Untied States.
I've heard rumbles about this story for a while. I never paid it much mind but both of our candidates seem to have an issue when it comes to natural born Citizenship.
The Pennsylvania Democrat who has sued Sen. Barack Obama demanding he prove his American citizenship – and therefore qualification to run for president – has confirmed he has a recording of a telephone call from the senator's paternal grandmother confirming his birth in Kenya.
The issue of Obama's birthplace, which he states is Honolulu in 1961, has been raised enough times that his campaign website has posted an image purporting to be of his "Certification of Live Birth" from Hawaii.
read more...
<Click LINK> Obama's grandma confirms Kenyan birth?
© 2008 WorldNetDaily
The question of McCain's eligibility stems from the fact that he was born in the Panama Canal Zone on a military installation.
Update - Sept. 18, 2008: Court Rules On McCain's Citizenship:
© 2008 Constitutionally Right
Article II states that "No Person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President." Article II left to Congress the role of defining citizenship, including citizenship by reason of birth. Rogers v. Bellei, 401 U.S. 815, 828 (1970). Many decades later, the Fourteenth Amendment set a floor on citizenship, overruled the Dred Scott decision, and provided that all born or naturalized in the United States, and subject to the jurisdiction thereof, were citizens. Nonetheless, subject to the floor of the Fourteenth Amendment, it has always been left to Congress to define who may be a citizen by reason of birth (or naturalization proceedings, for that matter). Id. at 829–30.
At the time of Senator McCain's birth, the pertinent citizenship provision prescribed that "[a]ny child hereafter born out of the limits and jurisdiction of the United States, whose father or mother or both at the time of the birth of such child is a citizen of the United States, is declared to be a citizen of the United States." Act of May 24, 1934, Pub. L. No. 73-250, 48 Stat. 797. The Supreme Court has interpreted the phrase "out of the limits and jurisdiction of the United States" in this statute to be the converse of the phrase "in the United States, and subject to the jurisdiction thereof," in the Fourteenth Amendment, and therefore to encompass all those not granted citizenship directly by the Fourteenth Amendment. [Footnote: United States v. Wong Kim Ark, 169 U.S. 649, 687 (1898) ("The words 'in the United States, and subject to the jurisdiction thereof,' in the first sentence of the fourteenth amendment of the constitution, must be presumed to have been understood and intended by the Congress which proposed the amendment … [as] the converse of the words 'out of the limits and jurisdiction of the United States,' as habitually used in the naturalization acts.")]
Under this view, Senator McCain was a citizen at birth. In 1937, to remove any doubt as to persons in Senator McCain's circumstances in the Canal Zone, Congress enacted 8 U.S.C. 1403(a), which declared that persons in Senator McCain's circumstances are citizens by virtue of their birth, thereby retroactively rendering Senator McCain a natural born citizen, if he was not one already. This order finds it highly probable, for the purposes of this motion for provisional relief, that Senator McCain is a natural born citizen. Plaintiff has not demonstrated the likelihood of success on the merits necessary to warrant the drastic remedy he seeks.
Where did this idea stem from ?
John Jay was an American politician, statesman, revolutionary, diplomat, a Supreme Court Chief Justice, and a Founding Father of the United States. Jay served in the Continental Congress and was elected President of that body. During and after the American Revolution, he was a minister (ambassador) to Spain and France, helping to fashion American foreign policy and to secure favorable peace terms from the British and French. He co-wrote the Federalist Papers with Alexander Hamilton and James Madison.
Jay served on the U.S. Supreme Court as the first Chief Justice of the United States from 1789 to 1795. In 1794 he negotiated the Jay Treaty with the British. A leader of the new Federalist party, Jay was governor of New York from 1795 to 1801. He was the leading opponent of slavery and the slave trade in New York. His first attempt to pass emancipation legislation failed in 1777 and failed again in 1785, but he succeeded in 1799, signing the law that eventually emancipated the slaves of New York; the last were freed before his death.
In 1789, Jay was offered the new position of Secretary of State by George Washington; he declined. Washington nominated Jay as the first Chief Justice of the United States.
It is thought the origin of the natural-born citizen clause can be traced to a letter of July 25, 1787 from John Jay (who had been born in New York City) to George Washington (who had been born in Virginia), presiding officer of the Constitutional Convention. John Jay wrote:
New-York, 25th July, 1787.
Dear Sir,
Permit me to hint whether it would not be wise and seasonable to provide a strong check to the admission of foreigners into the administration of our national government ; and to declare expressly that the command in chief of the American army shall not be given to, nor devolve on any but a natural born citizen.
I remain, dear sir,
Your faithful friend and servant,
John Jay.
The Equal Opportunity to Govern Amendment, also known as the Hatch Amendment, is a United States constitutional amendment proposed in July 2003 by Senator Orrin Hatch (R-Utah) to repeal the natural-born citizen clause prohibiting foreign-born individuals from holding the office of President or Vice President of the United States. Hatch's amendment would allow anyone who has been a US citizen for twenty years to seek these offices. In the wake of the California recall election, 2003, this proposal is widely seen as an attempt to make California Governor Arnold Schwarzenegger (naturalized in 1983) eligible for the presidency and is sometimes nicknamed "Arnold bill".
Section 1. A person who is a citizen of the United States, who has been for 20 years a citizen of the United States, and who is otherwise eligible to the Office of President, is not ineligible to that Office by reason of not being a native born citizen of the United States.
Section 2. This article shall not take effect unless it has been ratified as an amendment to the Constitution by the legislatures of three-fourths of the several States not later than 7 years from the date of its submission to the States by the Congress.
The 2003 Equal Opportunity to Govern Amendment, a proposed amendment to the US Constitution, would, if adopted, have removed the prohibition against naturalized citizens holding the office of the President.
(Wikimedia)