McCain Ineligible to be President ???
OMG please tell me this is true:
http://disc.yourwebapps.com/discussion.cgi?disc=149495;article=116844;title=APFN
Francis Steffan
John McCain Ineligible To Be President
Mon Jan 28, 2008 03:45
63.162.62.6
John McCain was born August 29, 1936 in the Panama Canal Zone, to two U.S. citizens. It's a common misunderstanding that the zone was a U.S. territory - in fact, the U.S. had lease rights, but not territorial rights.
The US 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 United States."
No law or court ruling has ever established the precise definition of a natural born citizen. It is generally agreed that a natural born citizen of the United States is any person born in one of the 50 states or the District of Columbia.
John McCain's father "Jack" was born in Council Bluffs, Iowa. McCain graduated from the United States Naval Academy in 1931. Like his father and son, he graduated near the bottom of his class. He married Roberta Wright, a wealthy oil heiress, on January 21, 1933, in Caesar's Bar, Tijuana, Mexico. During WW II he commanded the submarine Gunnel at Operation Torch. After the end of the war, he was assigned to the Office of the Chief of Naval Personnel until 1948. He assumed command of Submarine Division 71 in the Pacific the next year. In 1950, he was assigned to a series of posts at The Pentagon. He spent the 1960s in a series of commands in the Atlantic, becoming Commander in Chief, U.S. Naval Forces in Europe in 1967 and 1968. Admiral McCain directed an investigation into the Israeli attack on the USS Liberty and he wanted the investigation done in less than a week even though the court’s president, Rear Admiral Isaac Kidd, said that it would take 6 months to conduct properly. Admiral McCain also wouldn’t permit Admiral Kidd to travel to Israel or to contact any potential Israeli witnesses. In fact, the written affidavits of 60 witnesses from the Liberty itself who were hospitalized at the time of the restricted inquiry, were also excluded from the final report and not considered as part of the evidentiary record. The investigation was completed in just ten days. The National Archives in College Park, Maryland includes in its files on casualties from the Liberty copies of the original telegrams the Navy sent out to family members. The telegrams which called the attack accidental, were sent out June 9, the day before the Navy court of inquiry convened .
When Senator McCain was asked to reopen and conduct a proper investigation into the USS Liberty's attack he stated that he wasn’t going to do anything about it because the “matter was thoroughly reviewed.”
Senator McCain also collaborated with ultra liberal Senator Ted Kennedy to attempt to provide amnesty to nearly 40 million illegal aliens, mostly Mexican.
When the Constitution was established, the United States government did not have a empire builder foreign policy. The United States military was for defensive purposes only. As a matter of fact, the U.S. is not to have a "standing Army" and all the documents evidencing the intent of the authors of the Constitution, warned against becoming involved in foreign entanglements. The U.S. had zero foreign based military forces and certainly did not approve of, envision, or condone having babies and raising families on foreign based U.S. military installations. The intent of the authors of the Constitution is exactly opposite the policy twentieth century U.S. government has pursued.
The Constitution of the United States, Article 1, Section 8, vests in Congress the power "to establish an uniform rule of naturalization." "Naturalization" is NOT synonymous with "Natural Born Citizen."
In order to come to a Constitutional definition of "Natural Born Citizen," one must look to the common meaning and understanding of the phrase at the time it was written.
The Constitution has been called a "living document" by liberal progressives who think they know better than the authors of the Constitution and want what they want with disregard for The Supreme Law of the Land. In one way, and one way only, is the Constitution a living document. The authors of the Constitution gave a specific process to add to or subtract from the Constitution and that is by amendment. The Supreme Court, the U.S. Congress nor the President of the United States are granted the authority to define or change the Constitution in any way, they only have an obligation and duty to obey it.
There were no foreign based US military forces at the writing of the U.S. Constitution, therefore, it is impossible that the intent of the Constitution was to have babies born to civilian wives of military personnel be considered "Natural Born Citizens." The only authority the government may lawfully exercise, through the U.S. Congress, is to declare these children to be "naturalized Citizens" at birth based upon the U.S. , Congress's authority "establish an uniform rule of Naturalization." I must reiterate, not the U.S. Congress, the U.S. Supreme Court nor the President of the United States is "authorized" to define or change the meaning, definition, or intent of "Natural Born Citizen" as prescribed by the authors of the Constitution.
The original "intent" and therefore meaning and definition of "Natural Born Citizen" is one free white man being delivered through natural progression of a pregnancy, born within the geographical boundaries of one of the several States of the union, and later the District of Columbia. This is very clear and simple and what it means is born HERE.
In the Fourteenth Amendment the eligible group allowed Citizenship was expanded from free white men to "All persons." This would have been better stated “all people” to avoid the bogus recognition of a corporation being a "person.” This would have been better as it would have clarified the meaning as intended, which is having rights of people but lacking any of the liabilities. One cannot imprison a corporation, but that is for a later article.
The Fourteenth Amendment, Section 1 actually defines "natural born citizen" by stating, "All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside."
One’s wishes of what one feels things should be must yield to facts of law and one must accept the way things are according to the law until such time one is able to change the law.
There are two types of Citizenship in the United States, Natural Born and Naturalized. The fourteenth amendment defines "Natural Born Citizen" as persons born in the United States, and subject to the jurisdiction thereof. It goes on to explain that there exists a dual Citizenship that includes the United States and of the State in which on lives. This in itself serves to demonstrate that Natural Born Citizen being born in the United States means within one of the several united States of America.
People may feel that it is not right that John McCain is not eligible to be President of the United States of America, however, this is a fact of law. "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. There are two types of Citizenship in the United States "Natural Born" and "Naturalized." Congress has authority to make rules as to how to become a "naturalized citizen." There is no such authority granted to Congress, the Court, or the President to define "Natural Born Citizen."
Given the fact the United States official and long term military enclaves presence within foreign nations was not authorized and in fact was cautioned against by the authors of the founding documents of this nation including but not limited to the Constitution it is not only unlikely but impossible that the authors intended anyone born outside the several States of the United States, for any reason, to be considered "Natural Born Citizens" of the United States. This position and fact is second witnessed and verified by the fourteenth amendment, section 1 where it states clearly the two forms of United States Citizenship and defines Natural Born Citizen as "all persons born...in the United States...".
Some will attempt to argue the point that U.S. military bases are under the jurisdiction of the United States and the fourteenth amendment mentions that. The fourteenth amendment states, "All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside." The word "and" means "as well as" being born in the United States. Being born only under the jurisdiction of the United States, as some misguided military people would like to imagine, is not good enough. Some would like to believe that because the "United States" has a Status of Forces Agreement with a foreign government that military bases are somehow "sovereign" U.S. territory. If you murder a Panamanian citizen in Oregon you will be arrested by Oregon police, go through the Oregon courts and be imprisoned in Oregon, and now some other state maybe, but still within the U.S. If you murder a Panamanian citizen on a U.S. military base in Panama you will be arrested by Panamanian police, go through the Panamanian courts and be imprisoned in Panama. So much for "sovereignty."
All this discussion is nothing more than hot air and a waste of time that is off point. The point is that one cannot build a viable position on a non-existent foundation. In this case the foundation is the Constitution and the intent of the authors, NOT Status of Forces Agreements and worthless arguments by military men who would like to have babies on foreign soil, calling them natural born Citizens and have them run for President some day.
The authors of the U.S. founding documents counseled against becoming entangled in foreign wars. They also had a distinct distaste for colonial empire building. So now we are to believe that it was their intent to designate the prodigy, born on foreign soil, of the American centurion colonizing for the empire as a Natural Born Citizen?
The fourteenth amendment states "born or naturalized in the United States," that is IN the United States. At the time of the writing of the Constitution it was properly written as united States of America as the word “united” was describing the condition of the States not a proper name of a thing. The Congress can direct that persons may be "Naturalized" "in" the United States to mean embassies, military bases or wherever else they decide. That is what they are authorized to do. However, they are NOT authorized to redefine what "Natural Born Citizen" means. It means what it meant to the authors of the Constitution. The US did not have foreign military bases at the time the Constitution was authored. Therefore "born on a US military base in a foreign country" is NOT what they meant by "Natural Born Citizen."
The intention of the authors of the Constitution was that no person born outside the geographical boundaries of the several States of the United States of America be eligible to hold the office of President of the United States of America. Animus ad se omne jus ducit - It is to the intention that all law applies. Animus moninis est anima scripti - The intention of the party is the soul of the instrument. 3 Bulstr 67 - Maxims of Law from Bouvier's 1856 Law Dictionary.
There are consequences to disregarding the Constitution and the intent of the authors of our founding documents. There are consequences to following a course of empire building by military might. There are consequences to being born on foreign soil as a son or daughter of a centurion of that empire building military. You are not Constitutionally eligible to be President of the United States of America.
You may think it's not fair. You may feel it's not right. You may think because military and government "experts" tell you a military base in a foreign country is actually the United States that it's okay for John McCain to hold the office of President of the United States. You are nevertheless wrong and so are they, no matter how long they have told the falsehood and believed in error. communis error no facit just - A common error does not make law. -Maxims of Law from Bouvier's 1856 Law Dictionary.
The position stated in this article is based only upon the Constitution and the intent of the authors of the founding documents of this nation. The only authority on this matter is the Constitution and the intent of the authors. Argumentum ab authoritate est fortissimum in lege - An argument drawn from authority is the strongest in law. Co. Litt. 254.-Maxims of Law from Bouvier's 1856 Law Dictionary.
If you don't like the law, by all means work to change it, however, until such time that it is changed John McCain III is not a natural born citizen and therefore not eligible to be President of the United States of America.
