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Yes I know but the issue is about what they meant by natural born citizen? Some believe a president's parents must also be citizens to qualify others do not. Some ask the constitutional question does it include parents not born here ? The issue affected John McCain because he was born to military parents on foreign soil . I believe they changed the constitution to allow that if citizenship is given immediately to the baby. I also think this question applies to others who want to run for president both Republican and Democrat.
Yes I know but the issue is about what they meant by natural born citizen? Some believe a president's parents must also be citizens to qualify others do not. Some ask the constitutional question does it include parents not born here ?
see my previous post. ankeny v daniels specifically addressed this question.
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The issue affected John McCain because...
mccain's situation was fairly unique. in 1936, the year of mccain's birth, congress specifically considered all births in the panama canal zone "US nationals" and not "US citizens". the law was changed in 1938 and made retro-active. congress addressed this in 2008 by unanimously passing a non-binding resolution stating mccain was eligible.
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I believe they changed the constitution to allow that if citizenship is given immediately to the baby.
there has been no change to the constitution regarding presidential eligibility.
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I also think this question applies to others who want to run for president both Republican and Democrat.
some of the birthers believe that cruz, jindal, rubio and santorum are ineligible.
see my previous post. ankeny v daniels specifically addressed this question.
mccain's situation was fairly unique. in 1936, the year of mccain's birth, congress specifically considered all births in the panama canal zone "US nationals" and not "US citizens". the law was changed in 1938 and made retro-active. congress addressed this in 2008 by unanimously passing a non-binding resolution stating mccain was eligible.
there has been no change to the constitution regarding presidential eligibility.
some of the birthers believe that cruz, jindal, rubio and santorum are ineligible.
Yes you are right it was not a change to the constitution it was Senate approved resolution given McCain the right to run for President. Interestingly enough here is an article in which a legal scholar claims John McCain is still not really eligible. I personally prefer it if a president's parents were born here but I do not know the legal answer to the constitutional question of it they have to have been born here. I just think that way his roots and family tree are from here not from somewhere else. At least in Obama's case one of his parents is from here. McCain is definitely an interesting question. After all his parents were serving their country when he was born. That is why they were not living here in the US I think that makes a difference.
First of all the Muslim world is quite large and diverse. There is no one opinion. Secondly, why would any Muslim think Obama is also Muslim? You cannot use clipped Youtube videos of Obama saying things like, "...my Muslim faith" or whatever it is that some of you people base your insane opinions on. Also, is this question for real?
First of all the Muslim world is quite large and diverse. There is no one opinion. Secondly, why would any Muslim think Obama is also Muslim? You cannot use clipped Youtube videos of Obama saying things like, "...my Muslim faith" or whatever it is that some of you people base your insane opinions on. Also, is this question for real?
They would think he was a Muslim because his father was raised Muslim his paternal grandfather was Muslim. And because his step father may also have been Muslim while they were living in Indonesia.
i remember that article, and it is an interesting argument, but it's specific to mccain's situation and i doubt we'll have anymore pre-1938 panama canal zone babies running for POTUS.
They would think he was a Muslim because his father was raised Muslim his paternal grandfather was Muslim. And because his step father may also have been Muslim while they were living in Indonesia.
I seriously doubt that. Most people (including Muslims) view Obama as he identifies himself and his history as a Christian. There is nothing else to discuss. His father and grandfather could of been cannibals but that doesn't mean our President is one.
That is confusing to me. It states that a child born on foreign soil to American born parents is automatically an American citizen, but on the other hand why then is it that a child born for instance to two Mexican born parents here in America is not automatically a Mexican citizen ? Why is that child automatically American? Is it because the American parents have chosen for their child to be American? While the Mexican parents have not chosen for their child to be Mexican?What would happen if the American parents stated that they did not want their baby to be American but instead to have citizenship of the foreign country they were living in? Can that baby grow up to dispute that and demand the American citizenship they were denied by their parents?
Last edited by vanguardisle; 03-16-2015 at 07:36 AM..
That is confusing to me. It states that a child born on foreign soil to American born parents is automatically an American citizen,...
correct ( with very few exceptions ).
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... but on the other hand why then is it that a child born for instance to two Mexican born parents here in America is not automatically a Mexican citizen ?
that child is a mexican citizen and a US citizen.
there are two concepts in the law when it comes to citizenship. jus soli ( "of soil" ) and jus sanguinis ( "of blood" ). in your scenario the child gained US citizenship thru jus soli and mexican citizenship thru jus sanguinis, a dual citizen. the specifics on how those are recognized differ from country to country. there is no uniform international law of citizenship.
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What would happen if the American parents stated that they did not want their baby to be American but instead to have citizenship of the foreign country they were living in? Can that baby grow up to dispute that and demand the American citizenship they were denied by their parents?
by US law a parent can not renounce a child's US citizenship ( and the US state department does not consider most minors capable of understanding the ramifications of renouncing citizenship so they can't renounce their own till 18 ).
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