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Go ahead, disqualify McCain...
by evensteven

By that same logic, that will allow us to throw out every child born in the U.S. from illegal immigrants! Is it worth it?

How desparate is the New York Times to sell newspapers when they come up with this crap!!!!

McCain's parents were on a U.S. Military Base when he was born! Stationed there by the Commander in Cheif of the U.S.!

If the Democrats pursue this, given McCain's military service record, it will surely backfire on them!

Re: Go ahead, disqualify McCain...
by lissablack

I don't think the NYT is suggesting he should be disqualified. The article reads like information to me.

It would be a disaster for the Democrats to go anywhere near this, and I would be stunned if they did.

Clearly children of military citizens born overseas will not end up being disqualified even if someone decides to try to test it. It doesn't make any sense.

Re: Go ahead, disqualify McCain...
by SalientMan
No Democrat would seriously pursue this. A person born to American parents should count as an "American-born citizen." This has been implied by every current legal statute (we don't force a person born to American parents in Toronto to officially apply for citizenship status or a green card or anything else). However, I think it's fine for the NYT to point it out, lest it *did* become a problem somewhere down the line. It's like that law that was on the Pennsylvania (I think) books for years that said that if anyone was driving a vehicle in a snowstorm, they had to have someone running 20 feet ahead of them with a lantern (left over from horse-and-buggy days). Pointing out loopholes like this is good public citizenship.
I don't follow...
by LuxLawyer

(1) The "natural born citizen" requirement of Article II has nothing to do with the 14th Amendment's provision providing that all those born within the US are citizens.

(2) McCain wouldn't have paid Ted Olson to work through it if it weren't worth looking at.

(3) The likely line for Article II seems to be between "citizen by birth" v. "naturalized citizen," meaning that McCain is constitutionally eligible. But it is interesting, which is why the Times would run the story.

(4) The politics are interesting. The way to use it isn't to question McCain's eligibility. Rather, it's to question his purported commitment to textualist judges. Everyone's a textualist until it doesn't work.

(5) At the end of the day, there's no way that more than 0.1% of the population to care about this.

My contention...
by evensteven

Is the timing if this crap! The New York Times, The Washington Post, The Los Angeles Times are notoriously left leaning newspapers.

If Barack was born in Hawaii prior to statehood in 1959, do you think we would hearing this from any of those news outlets? NOT!!!!!!!!

Re: My contention...
by SalientMan
Actually, evensteven, I do think we'd hear about it. That would be a constitutional conundrum, and, if nothing else, the Clinton camp would have brought it up. It also goes along with the anti-Obama rhetoric: "he's a Muslim, he's got a funny name, he's ALSO NOT AMERICAN!"
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