Saturday, February 23, 2008

Is John McCain Constitutionally Qualified?

What are the Qualification's to be President of the United State of America?

Article 2 section II clause 5 of the 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;

The Naturalization Act of 1795
An Act to establish an uniform Rule of Naturalization; and to repeal the Act heretofore passed on that Subject. For carrying into complete effect the power given by the constitution, to establish an uniform rule of naturalization throughout the United States;

SEC. 3. And be it further enacted, that the children of persons duly naturalized, dwelling within the United States, and being under the age of twenty-one years at the time of such naturalization, and the children of citizens of the United States born out of the limits and jurisdiction of the United States, shall be considered as citizens of the United States.

SEC. 4. And be it further enacted, that the Act, intitled, "An act to establish an uniform rule of naturalization," passed the twenty-sixth day of March, one thousand seven hundred and ninety, be, and the same is hereby repealed.

It must be clearly understood by you and all the candidates, including Senator John McCain that:

Only someone physically born within one of the States is lawfully qualified to be elected president, and that … In order for naturalized citizens like Arnold Schwarzenegger and John McCain to be qualified an Amendment to the Constitution under Article V would have to be passed before a naturalized citizen could legally be elected President. It has been assumed incorrectly that children born overseas to US citizens are considered to be "natural born". They are automatically "naturalized citizens" as a result of their parents but they are not "natural born citizens". That misunderstanding is likely rooted in the Naturalization Act of 1790. First Congress, Session II, Chapter 4, pages 103-104, wherein the relevant part states:

"... 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:"

The use of the phrase "natural born" in the Act of 1790 raises the issue of it having been unconstitutional, since it was in conflict with the language of Article 2, Section 1, Clause 5 cited above. The Act of 1790 was not an Article V modification and could not lawfully change the Constitution. This act was repealed by The Naturalization Act of 1795.

John McCain was born on August 29, 1937 at the Coco Solo Air Base in the Panama Canal Zone. The Panama Canal Zone was not a territory of the United States but was leased property subject to Panamanian law making John McCain a Naturalize citizen not a Natural Born Citizen. Thus John McCain does not meet the requirement's set forth under the Constitution of the United States to be a candidate for President! He is not eligible for the office!

The root of the natural birth requirement was that the States formed the federal government and they required that a person must be physically born in one of the states. Simply being born on US territory or commonwealth property overseas does not qualify you as being natural born. This is also a related source/reason for the Electoral College. The States elect the executive and not the people because we do not have a democracy but a republic. The two are not the same but are *antithetical*.

A good friend of mine, who's wife was born overseas to an Air force officer and his wife, both citizens. She was taught as was everyone else and they knew/know that if you are born overseas and not physically within a state, then the only limitation to your citizenship (it is automatically naturalized) is that you cannot be president. You can run for Senate or the House or be a judge but not President.

Unless and until the Constitution is changed with an Article V process that is still the law.

One cannot unknow what they know. Facts and actions have consequences.

So I say “no” John McCain is not qualified, because I'm a strong supporter of the original intent of the Constitution.

*Antithetical: of, relating to, or marked by antithesis. Being in diametrical opposition. (Antithesis: direct contrast; opposition: "hope is the antithesis of despair.")

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