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-   -   McCain not eligible to run? (https://www.askmehelpdesk.com/showthread.php?t=189255)

  • Feb 28, 2008, 10:27 AM
    speechlesstx
    McCain not eligible to run?
    The NY Times is now questioning McCain's eligibility to run for president:

    Quote:

    The question has nagged at the parents of Americans born outside the continental United States for generations: Dare their children aspire to grow up and become president? In the case of Senator John McCain of Arizona, the issue is becoming more than a matter of parental daydreaming.

    Mr. McCain’s likely nomination as the Republican candidate for president and the happenstance of his birth in the Panama Canal Zone in 1936 are reviving a musty debate that has surfaced periodically since the founders first set quill to parchment and declared that only a “natural-born citizen” can hold the nation’s highest office.

    Almost since those words were written in 1787 with scant explanation, their precise meaning has been the stuff of confusion, law school review articles, whisper campaigns and civics class debates over whether only those delivered on American soil can be truly natural born. To date, no American to take the presidential oath has had an official birthplace outside the 50 states.

    “There are powerful arguments that Senator McCain or anyone else in this position is constitutionally qualified, but there is certainly no precedent,” said Sarah H. Duggin, an associate professor of law at Catholic University who has studied the issue extensively. “It is not a slam-dunk situation.”

    Mr. McCain was born on a military installation in the Canal Zone, where his mother and father, a Navy officer, were stationed. His campaign advisers say they are comfortable that Mr. McCain meets the requirement and note that the question was researched for his first presidential bid in 1999 and reviewed again this time around.
    You're kidding me right? First the Times alleges an affair, the DNC trumpets that McCain is "breaking the law" and complains to the FEC about his intention to withdraw from the matching funds program - even though the bank that loaned him the money said "the loan terms specifically excluded from the collateral any potential share of public matching funds McCain was entitled to receive." Now the Times is questioning his eligibility, even though he was born to American citizens serving their country where the government had sent them on an American military facility.

    Do the Democrats just want to win by default? Is his eligibility really an issue? This is schoolyard nonsense, isn't it time for politicians and the media to grow up?
  • Feb 28, 2008, 10:43 AM
    excon
    Hello Steve:

    Isn't this delicious? We've got a Hussein running against a wet back.

    Can it get MORE interesting?

    excon
  • Feb 28, 2008, 10:45 AM
    ebaines
    I do think it's interesting that this issue has not had a precedant. I don't read in this article that the Times or anyone else is arguingthat McCain is ineligible. One of the things I enjoy about the Times is that they bring up topics like this as an intellectual point of interest. It's not unlike questioning whether it would be legal for Hillary (if she were to be the candidate) to select her husband as VP, win the election, then resign so that Bill could have a third term as Pres. An interesting point of theory, but not at all realistic. By the way, I am a lifelong Republican and a life-long subscriber to the NY Times. You should get it if you don't already - I lived in TX for a while and subscribed to both the Times and the Dallas Morning News. I would read the Times for the national and international news and occasional OpEds and the Dallas paper for local events and editorials.
  • Feb 28, 2008, 10:58 AM
    speechlesstx
    Quote:

    Originally Posted by excon
    Hello Steve:

    Isn't this delicious? We've got a Hussein running against a wet back.

    Can it get MORE interesting?

    LOL, leave it to the ex mon to put it that way.
  • Feb 28, 2008, 11:03 AM
    tomder55
    Only a very contrarian NY Slimes could suggest that McCain is not a natural-born citizen. I refer all to this 1790 act of Congress :

    And 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."

    http://memory.loc.gov/ll/llsl/001/0200/02280104.tif

    This question usually comes up when Republicans are involved for some good yuks . George Romney was born in Mexico and Barry Goldwater was born in Az. Before it was officially a state .Since both were born of US citizens then they were eligible and so is McCain... but then again ;the NY Slimes knows this .
  • Feb 28, 2008, 11:23 AM
    speechlesstx
    Quote:

    Originally Posted by ebaines
    I do think it's interesting that this issue has not had a precedant. I don't read in this article that the Times or anyone else is arguingthat McCain is ineligible. One of the things I enjoy about the Times is that they bring up topics like this as an intellectual point of interest.

    Thanks for your response ebaines. There are precedents listed in the article. Barry Goldwater was born in Arizona before it was a state and George Romney was born in Mexico, both ran for president. Personally I think the odds that Times ran this as an "intellectual point of interest" are about as good as their story alleging McCain's affair was ran as an "intellectual point of interest." It seems like a no-brainer to me, if you're born to American parents you should be considered "natural born," especially if it is on US military installation. He can't help it if his parents were sent there by our government.

    Quote:

    It's not unlike questioning whether it would be legal for Hillary (if she were to be the candidate) to select her husband as VP, win the election, then resign so that Bill could have a third term as Pres. An interesting point of theory, but not at all realistic.
    Now that is an interesting subject, the 22nd amendment limits its wording to "elected to the office of the President more than twice." In this case he would be elected as VP and theoretically could succeed his wife. It seems the authors of the amendment weren't considering the possibility of a first lady running for the office. Or were they?
  • Feb 28, 2008, 11:47 AM
    speechlesstx
    Quote:

    Originally Posted by tomder55
    Only a very contrarian NY Slimes could suggest that McCain is not a natural-born citizen. I refer all to this 1790 act of Congress :

    And 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."

    http://memory.loc.gov/ll/llsl/001/0200/02280104.tif

    This question usually comes up when Republicans are involved for some good yuks . George Romney was born in Mexico and Barry Goldwater was born in Az. before it was officially a state .Since both were born of US citizens then they were eligible and so is McCain .......but then again ;the NY Slimes knows this .

    Good work tom. I noticed in that document a footnote that says "the power of naturalization is exclusively in Congress" and cites this SCOTUS ruling. Current US Code leaves no doubt.

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