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On Sat, 11 Oct 2008 19:32:40 -0400, "robw" <...@comcast.net
The McPerky abuse of powers hit you hard, didn't it Cuz?
"blue_collar_worker" <...@giganews.com...
immediately
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On Sat, 11 Oct 2008 18:05:09 -0600, "Reality_Check" <...@Check.it
Why Senator John McCain Cannot Be President:
Eleven Months and a Hundred Yards Short of Citizenship
http://papers.ssrn.com/sol3/papers.cfm?abstract-id=1157621
Gabriel J. Chin
University of Arizona - James E. Rogers College of Law; University of
Arizona - School of Public Administration and Policy
Arizona Legal Studies Discussion Paper No. 08-14
Abstract:
Senator McCain was born in 1936 in the Canal Zone to U.S. citizen
parents. The Canal Zone was territory controlled by the United States,
but it was not incorporated into the Union.
As requested by Senator McCain's campaign, distinguished
constitutional lawyers Laurence Tribe and Theodore Olson examined the
law and issued a detailed opinion offering two reasons that Senator
McCain was a natural born citizen.
Neither is sound under current law. The Tribe-Olson Opinion suggests
that the Canal Zone, then under exclusive U.S. jurisdiction, may have
been covered by the Fourteenth Amendment's grant of citizenship to
"all persons born . . . in the United States." However, in the Insular
Cases, the Supreme Court held that "unincorporated territories" were
not part of the United States for constitutional purposes.
Accordingly, many decisions hold that persons born in unincorporated
territories are not Fourteenth Amendment citizens. The Tribe-Olson
Opinion also suggests that Senator McCain obtained citizenship by
statute.
However, the only statute in effect in 1936 did not cover the Canal
Zone. Recognizing the gap, in 1937, Congress passed a citizenship law
applicable only to the Canal Zone, granting Senator McCain
citizenship, but eleven months too late for him to be a citizen at
birth.
Because Senator John McCain was not a citizen at birth, he is not a
"natural born Citizen" and thus is not "eligible to the Office of
President" under the Constitution.
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