Intro: "Even if Barack Obama had not been born in the US, the birther version of the constitution would've excluded John McCain too."
Sen. John McCain campaigning for the US Presidency in Sarasota, Florida, in 2008. (photo: Carolyn Kaster/AP)
The Birthers' Constitutional Illiteracy
25 April 11
Even if Barack Obama had not been born in the US, the birther version of the constitution would've excluded John McCain too.
arack Obama was born in the United States. But even if he had not been (as the birthers believe), he would still be the legitimate President of the United States. The birther movement (apparently, now led by Donald Trump) argues that article 2, section 1 of the US constitution ("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") requires that the Barack Obama of their universe (that is, born "abroad") cannot be the legitimate president.
For the birthers, the translation of "natural born citizen'" is simply "those born inside the United States". To them, anyone born outside the United States is ineligible for the presidency. They are wrong.
First, a little disclaimer: the birther attacks are personal to me. I was born in London to an American father and British mother. While I have a great and abiding respect for the UK (my British grandfather was an RAF officer of whom I am incredibly proud), my ultimate allegiance has always belonged to the United States. My father is a former US diplomat and his father was a career US military officer, whose second world war service included Guadalcanal and Okinawa. I believe that my family heritage has earned my right to be a "natural born citizen" of the United States. And I believe any cogent reading of the constitution supports me in this belief.
While the thinking behind the founding fathers' adoption of the natural born citizenship clause is not clear, most legal scholars assume that the motivating intention was to prevent (English) royalist infiltration of the US government - an understandable concern at the time. Regardless of that, though, in determining the meaning of the clause, we must consider the developed law.
The Naturalisation Act of 1790 provided that "the children of citizens of the United States that may be born beyond Sea, or out of the limits of the United States, shall be considered as natural born Citizens." Just three years after the constitution's adoption, this would seem to give an early and powerful repudiation of the birther reading of the clause. But it cannot, on its own, clarify the constitution.
In United States v Wong Kim Ark, the US supreme court ruled that a child born in the United States to two US domiciled foreign parents not serving with a foreign government was a natural born citizen. This set the precedent that natural born citizenship could be granted by the principle of "jus soli", or citizenship from birth in the United States. However, as illustrated by the Naturalisation Act, jus soli cannot account for all Americans. To fill the space of absent court clarification on American citizens born abroad, Congress has provided statutory definition for natural born citizenship.
Title 8, section 1401 of the US Title Code provides these definitions to include (among other qualifying citizens) those born abroad to one American parent and one foreign parent, provided the American parent spent five years in the US prior to the child's birth. The strength of section 1401 is in its clarification of the clause in a logical manner, compatible with the constitution and in a way that can account for American citizens not physically born in the United States. Because the law grants citizenship even to the Obama of the birther universe, the birthers reject section 1401 as unconstitutional.
In contrast to the logic of section 1401, the birther reading of the natural born citizenship clause is highly problematic. Put simply, if the only natural born citizens are those born inside the United States, then many "natural" Americans are left out in the cold. The state department foreign affairs manual (pdf) notes that under the constitution's 14th amendment, US government installations abroad are not part of the United States. Therefore, according to the birther approach, this would mean, for example, that while a child born inside the United States to foreign tourists or to illegal immigrants is a natural born citizen, John McCain - born on a military base in Panama - is not.
The absurdity of such a reading of the constitution is profound. Under the birther approach, foreign service and experience are acts to be punished by deprivation of citizenship rights for the children of servicemen and women and public officials posted overseas. How can we honestly believe that the founding fathers would regard the citizenship of children of those who have served their country abroad as less than that of those residing in the United States? To make this argument as the birthers do is illogical and reflective their distorted and deficient understanding of the US constitution.
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Antonin Scallia said recently that women are not covered in the constitution. If this originalist thinking prevails one half of the country is disenfranchised . Time to pass the ERA.
I think the reason Obama's original birth certificate isn't brought forward is because his parents weren't legally married, since his father had another family in Kenya. This makes him the son of an American mother who meets the US residency requirements--shup up already!!
If we all knew our history and really listened to Republicans and Teas there would be a profound movement against them but there's not. Middle class Americans who vote Republican don't know their history and don't care...at least until it is to late to do anything.
This whole issue about where Obama was born is petty compared to the real issues facing this country.
Well, definitely not Indian either. We were not citizens until 1924, no matter how much land we owned
Women were considered citizens right from the start, but voting was controlled by the states until after the Civil War. Gradually, the national government forced states to extend the right to vote to women, to eliminate poll taxes & literacy tests, etc.
Those millions of US citizens who cannot vote? They're under 18.
Yet another example of why I'm an American first, and a resident of my pathetically backward red-state state, second.
Magellan sailed 'round the world
Yet they stayed unconvinced,the parochial flat earthers
The lord shall "always" provide,
And when this too failed they still railed, the perfunctory pious perchers
Now a Black man resides in a house "made" for whites and so they trail,
the ignorant,racist ,inane birthers
Tomorrows requirements will come to be
You "must" belong to the GOP
Why did Hillary and Barack feel it necessary to interrogate McCain? Only to sign a Senate Joint Resolution that 'A Natural Born Citizen is a child born on American Soil or Territories and both Parents are US Citizens.'.
http://bit.ly/gAACzO
Sens. Patrick Leahy, D-Vermont, the chairman of the Senate Judiciary Committee, and Sen. Claire McCaskill, D-Mo. Introduced on April 10, 2008, a non-binding resolution expressing the sense of the U.S. Senate that McCain qualifies as a "natural born Citizen," as specified in the Constitution and eligible for the highest office in the land. Senators Hilary Clinton and Barack Obama were co-sponsors.
The resolution stated: "Resolved, That John Sidney McCain, III, is a 'natural born Citizen’ under Article II, Section 1, of the Constitution of the United States."
Since 1964, two other Republican presidential candidates, born outside U.S. borders, dealt with this question.
Sen. Barry Goldwater, R-Ariz., was born in a U.S territory that later became the State of Arizona. Former Michigan Gov. George Romney was born in Mexico to parents born in the U.S.
Maybe they were trying to figure out if Obama should run as white for all the morons or African American for the PC.. So, they came up with Palin to wake people up that any moron can be bought and have followers. Sorry, had a laughing fit.. Cpl. Pierson 101st Airborne, Vietnam. Son of the American Revolution. Pvt. Shadrack Pierson, 1st Virgina,Valley Forge.. And they weren't Americans yet, they were colonist invading my other side of my family's country. The Cherokee Nation.. American huh... george town.. yea, you go boy! Unless your Indian, your an import just like most of us are. Some are half and half,like cream... Bet you see the darkest cream.
Because Romney's parents had registered his birth with the US embassy in Mexico, a court case said that he was eligible to run...
Those who don't remember the past are bound to relive it over and over again!!
Romney was born in Detroit, Michigan. He was the youngest child of George W. Romney, a man of humble upbringing who by 1948 had become an automobile executive, and Lenore Romney.
...At the end of the day it doesn't matter where he was born, just like it doesn't matter where Obama was born since they're still US citizens by birth.
Actually, Trump's mother was born in Scotland.
He would,however, make "excellent" chum in shark infested waters. Provided the sharks are accustomed an occasional lump of scum arising from the bottom. Honestly America, there is NOTHING admirable about this man. And I use the word "man" sarcastically.
Even civil war southern heroes whom the birthers mostly venerate and worship.
also anyone who wants to go to the Court House in Honoulu can see the
book of regrestered births. The form
that is public is the form everyone in Hawaii gets
State of Hawaii Department of Health
Honolulu Hawaii U.S.A.
Child's Name
Barack Hussein Obama II
Date of Birth Hour of Birth Sex
August 4, 1961 7:24 PM Male
City, Town or Location of Birth
Honolulu
Island of Birth County of Birth
Oahu Honolulu
Mother's Maiden Name
Stanley Ann Dunham
Mother's Race
Caucasian
Father's Name
Barack Hussein Obama
Father's Race
African
Date Filed by Registrar
August 8, 1961
After all, in 2010 the stupremes decide corps had first, 5th, 14 amendment rights (I may have missed one or 2) so now we have the "best government money can buy"
And so the saga shows the Koch brothers are buying elections and look at Wisconsin, etc.
Yes, I admit this is clean sarcasm
This sort of material deserves no more attention than the sort of material that used to be mimeographed and handed out by people wearing tin foil hats. Reality will catch up with in time....leave it to do so, and meanwhile, let's focus on the non-fiction section when we talk about news, shall we?
Panama was never a US territory, but the Canal Zone was considered US territory, and that's where McCain was born. Of American parents, so who cares where he was born, he was a citizen at birth.
They would sooner believe the frantic claims of "the sky is falling" chicken if it were broadcast by fair & Balanced Fox News or blathered on the Rush Limbaugh radio show of shows.
Progressives: Time to reclaim America Now!
This whole issue is an absurdity. What it comes down to is that some people just can't accept that a black man could be elected president, and as a (shudder) Democrat at that.
While Obama is surely also a natural born citizen, his failure to produce his birth certificate (he has only published a certificate of live birth which contains much less information than the full birth certificate) has meant that many in the birther movement think Obama is hiding something (though many believe that he was actually born in Hawaii). Additionally, Obama's failure to release academic records causes similar suspicions.
But the most interesting thing about this controversy is about who is promoting it. I hear a lot from progressives and leftists but I hear virtually every serious Republican or conservative FOX commentator (Hannity partially excepted though he has not gone so far as to claim that Obama was born elsewhere) take the position that Obama is a natural born citizen.
Lee Nason
New Bedford, Massachusetts
Justice Benjamin R. Curtis in a dissenting opinion to the infamous Dred Scott case asserted that citizenship is acquired by place of birth. That is he believed Dred Scott was an American citizen.
Furthermore, section 1401 is a duly enacted law and clearly falls within the elastic clause of the Constitution's first Article. Therefore, it is reasonable to conclude that the birther contention has no serious Constitutional basis.
My surmise is it is based on bigotry. The irrationality about Obama resembles the wild claims made shortly after the Civil War regarding Black elected officials in Reconstruction Governments. That was definitely based on bigotry.
citizenship in America that serves the status quo. It has been the task of officeholders to maintain the special class of the WASP community. They, then, decide who is to get what. As a person who identies himself as African in America, Blackfeet and White, I recognize that my White heritage is covered up by the perception of Whites who see me a certain way.
Back in the day, when the Freedom Rides hit America there was reported some 150,000 half-breeds such as Obama, Jarrett, Jackson and Jealous, who passed for White. The image being portrayed on TV of what was happening Down South forced many out of the closet and set off some social dynamics that sparked the civil rights movement (MLK). It did not spark the Black Power Movement (Black Panthers), a cultural subset of my choice.
Barack H. Obama still needs to say where he came from the womb. Barry Goldwater tried to finesse his place of birth also. I was born in Watonga, OK @ 1:05 AM, December 17, 1936.
The question remains: how does a rational, intelligent, articlulate, clear position penetrate the self-imposed blindess of the 'right'?
Considering what oBomba is doing to this country with tax cuts for the rich, handout to immoral corporations, endless war, foreign country occupations, forced payments to the insurance companies, ect. I would to guess that his father could Ronald Reagen, George H Bush, or Satan. I would most embarrassed about the first two.
And what unnatural child birth like "c - section"?
http://msgboard.snopes.com/politics/graphics/birth.jpg
http://www.fightthesmears.com/articles/5/birthcertificate.html
The birther's racist position is so transparent you could read a Bible thru it.
Media certainly has not kept up with more important information Like Wisconsin, Japan, Union busting...but we have 3 years of Birth Certificate bs. Talk about illiteracy...
Let's treat it as the dead issue it is and get on things. (And yes, he and the Hawaiin dept. of health has reaffirmed his birth and birth certificate numerous times. I think I read the dept. of health basically said after a while --enough already! We aren't trotting it out anymore.
Regardless of his place of birth, the President was either born on US soil, or is an American who was born abroad - either category is eligible to be the President of the United States.
PLEASE explain this to us repugs!!! I'm BEGGING YOU!!!
P-L-E-A-S-E !
P-L-E-A-S-E !!
P-L-E-A-S-E !!!
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