SCOTUS WILL HEAR OBAMA CITIZENSHIP CASE.

Stephanie wrote:Do you really think this is a good idea?

Stephanie wrote:His mother was a natural born US citizen. I don't care if he was born on Pluto, he is an American too. He was elected by a clear majority of voters and this is simply a divisive tactic that can only harm America.

Another thing, this lawsuit is particularly offensive to me because of its questioning the citizenship of Senator McCain as well. I consider that to be a slap in the face to every military family that ever has, or ever will, serve overseas.

bmd wrote:Does anyone really believe that if Obama's surname was Larson, and his dad was from Sweden, there would be all questioning of his citizenship?

bmd wrote:the only real challenge is to Senator McCain's qualifications.

John McCain was born in 1936 at Coco Solo Naval Air Station in the Panama Canal Zone, Panama, to naval officer John S. McCain, Jr. (1911–1981) and Roberta (Wright) McCain (b. 1912).[2] At that time, the Panama Canal was under U.S. control.[3]

Armon Ayers wrote:SCOTUS WILL HEAR OBAMA CITIZENSHIP CASE.

The case originally sought, pre-election, to have the names of Barack Obama, John McCain, and Roger Calero removed from New Jersey ballots, and for a stay of the "national election" pending Supreme Court review of whether those candidates were eligible under the Constitution as natural born Citizens, as is required by Article 2, Section 1, Clause 5 of the Constitution of the United States.

5 . In case of the removal of the President from office, or of his death, resignation, or inability to discharge the powers and duties of the said office, the same shall devolve on the Vice President, and the Congress may by law provide for the case of removal, death, resignation, or inability, both of the President and Vice President, declaring what officer shall then act as President, and such officer shall act accordingly, until the disability be removed, or a President shall be elected. (This clause has been modified by Amendment XX and Amendment XXV)

http://avalon.law.yale.edu/18th_century/art2.asp

4. 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; neither shall any person be eligible to that office who shall not have attained to the age of thirty-five years, and been fourteen years a resident within the United States.

Aaron wrote:

bmd wrote:the only real challenge is to Senator McCain's qualifications.

Not so William. John McCain was born on United States soil.

John McCain was born in 1936 at Coco Solo Naval Air Station in the Panama Canal Zone, Panama, to naval officer John S. McCain, Jr. (1911–1981) and Roberta (Wright) McCain (b. 1912).[2] At that time, the Panama Canal was under U.S. control.[3]

Armon Ayers wrote:

Stephanie wrote:His mother was a natural born US citizen. I don't care if he was born on Pluto, he is an American too. He was elected by a clear majority of voters and this is simply a divisive tactic that can only harm America.

Another thing, this lawsuit is particularly offensive to me because of its questioning the citizenship of Senator McCain as well. I consider that to be a slap in the face to every military family that ever has, or ever will, serve overseas.

Why do you support the military living overseas when you are against their killing people and breaking things?

bmd wrote:Nope. It may have been under U.S. control, but it was not part of the U.S., or it's territories. The only overseas "installations" at which your hypothesis would hold true would be U.S. Embassies, as a nation's embassies are considered the "sovereign territory" of that nation.

US military bases are foreign territory where all the local laws apply. The status of Americans stationed on those bases is governed by a diplomatic agreement called a Status of Forces Agreement.

When a child is born on a US base with one or more American parents the parent(s) must file all applicable paperwork with the US embassy to get the child's American citizenship recognized.

You should not have a Report of Child Born Abroad of American Parent(s). Only American citizens can file that document with the US embassy. Perhaps it was automatically filled out by the hospital's administration for all births, however, I guarantee you it was not filed with embassy and approved.

When my last two kids were born in Japan, and we went to check my wife and child out of the hospital, part of the discharge process was to sign all the paperwork for the child's citizenship, including the Report of Child Born Abroad of American Parent(s). The hospital then forwarded everything to the US embassy for us. We got the baby's passport, social security card and our documents back in the mail a month later.

http://answers.yahoo.com/question/index?qid=20080213152522AAJwHwi

Aaron wrote:You are correct William in that military bases are not considered US soil. I was mistaken when I wrote he was born on US soil.

However, he was born at a US Military installation, the son of 2 American citizens. Yes, he is automatically granted US citizenship.

Documentation of U.S. Citizens Born Abroad

U.S. Department of State
Bureau of Consular Affairs

Documentation of United States Citizens Born
Abroad Who Acquire Citizenship At Birth


The birth of a child abroad to U.S. citizen parent(s) should be reported as soon as possible to the nearest American consular office for the purpose of establishing an official record of the child’s claim to U.S. citizenship at birth. The official record is in the form of a Consular Report of Birth Abroad of a Citizen of the United States of America. This document, referred to as the Consular Report of Birth or FS-240, is considered a basic United States citizenship document. An original FS-240 is furnished to the parent(s) at the time the registration is approved.

REPORTING THE BIRTH

A Consular Report of Birth can be prepared only at an American consular office overseas while the child is under the age of 18. Usually, in order to establish the child’s citizenship under the appropriate provisions of U.S. law, the following documents must be submitted:

(1) an official record of the child’s foreign birth;
(2) evidence of the parent(s)’ U.S. citizenship (e.g., a certified birth certificate, current U.S.
passport, or Certificate of Naturalization or Citizenship);
(3) evidence of the parents’ marriage, if applicable; and
(4) affidavits of parent(s)’ residence and physical presence in the United States.

In certain cases, it may be necessary to submit additional documents, including affidavits of paternity and support, divorce decrees from prior marriages, or medical reports of blood compatibility. All evidentiary documents should be certified as true copies of the originals by the registrar of the office wherein each document was issued. A service fee of $65 is prescribed under the provisions of Title 22 of the Code of Federal Regulations, Section 22.1, item 9, for a Consular Report of Birth.

NOTE: Consular Reports of Birth are not available for persons born in Puerto Rico, the U.S. Virgin Islands, the Panama Canal Zone before October 1, 1979, the Philippines before July 4, 1946, American Samoa, Guam, Swains Island, the Commonwealth of the Northern Mariana Islands, or the former U.S. Trust Territories of the Pacific Islands. Birth certificates for those areas, except the Panama Canal Zone, must be obtained from their respective offices of vital statistics. Panama Canal Zone birth certificates should be requested through the Vital Records Section of Passport Services (see address below.) The fees are the same as those for DS-1350.

http://travel.state.gov/law/info/overseas/overseas_703.html