Born In The USA
It's nutty to believe Barack Obama wasn't born in the U.S. For that matter, it's nutty to believe, after he's been elected, that there's anything anyone can do about it. But this I find interesting. Arizona, and other states, are considering a law that will require candidates for President to prove they are "natural born citizens," as the Constitution requires. This raises some questions for which I have no answers.
First, are states allowed to require candidates prove their Constitutional standing, or is it up to a federal authority to decide? (While we're at it, could a state also ask all candidates to prove they're at least 35 years old, and been a resident for 14 years in the U.S.?) Can they pass such a law if they show no one at the federal level is requiring any proof?
Second, just what is a natural born citizen? Has this ever actually be adjudicated? (I could look it up, but I'm too lazy.)
Third, how do you prove you're a natural born citizen? General records? Testimony? Will only a birth certificate do? Can the state law decide the level of proof? Let's say they require a birth certificate--if the candidate can't produce one (for whatever reason), would that, then, make him ineligible? Would he only be ineligible in that particular state, or would this change his status elsewhere?
Finally, what if a state isn't satisfied with a candidate's evidence. Can it then remove him from the ballot? What if people write him in anyway? What if people vote for a candidate that doesn't fulfill all the requirements? Are those votes counted, or thrown away?
PS I don't think this movement will come to much, but it won't be the first time someone tried to take down a competitor through ineligibility. In fact, that's how Obama got his start.
posted by LAGuy @ 12:05 AM
7 Comments:
How is it nutty? Politicians wouldn't lie over eligibility? What's nutty is the reaction to the idea. If it were John McCain there would probably have been a court action over the issue.
You got it backwards. Based on past performance, if Obama even sniffed such a vulnerability, there'd have been court action.
Comments 1 and2 sort of prove your point.
I'm pretty sure "Natural Born Citizen" literally refers to Natural Childbirth. Any child born while the mother was under anesthesia is ineligible to become president for obvious reasons. Every Founding Father of this great nation was born without the abomination of drug-induced intervention. You can look it up.
The states that are requiring proof of presidential eligibility are simply asking for birth certificates, and they will and MUST accept the official birth certificates of other states. In other words, the Certification of Live Birth, which is what Obama showed, would be accepted because it is the OFFICIAL birth certificate of Hawaii.
"Twofers," those that believe that someone must have two US citizen parents to be a Natural Born Citizen, will be disappointed to learn that NO state is demanding that a candidate produce proof that her or his parents were US citizens at the time of birth.
That is because the two-fer notion is laughed at by the constitutional experts.
“Under the longstanding English common-law principle of jus soli, persons born within the territory of the sovereign (other than children of enemy aliens or foreign diplomats) are citizens from birth. Thus, those persons born within the United States are "natural born citizens" and eligible to be President. Much less certain, however, is whether children born abroad of United States citizens are "natural born citizens" eligible to serve as President ..."---- Edwin Meese, et al, THE HERITAGE GUIDE TO THE CONSTITUTION (2005) [Edwin Meese was Ronald Reagan’s attorney general, and the Heritage Foundation is a well-known Conservative organization.]
“Natural born citizen. Persons who are born within the jurisdiction of a national government, i.e. in its territorial limits, or those born of citizens temporarily residing abroad.” — Black’s Law Dictionary, Sixth Edition
“What is a natural born citizen? Clearly, someone born within the United States or one of its territories is a natural born citizen.” (Senate Judiciary Committee hearing on OCTOBER 5, 2004)--Senator Orrin G. Hatch (R-UT).
"Prior to the adoption of the constitution, the people inhabiting the different states might be divided into two classes: natural born citizens, or those born within the state, and aliens, or such as were born out of it. The first, by their birth-right, became entitled to all the privileges of citizens; the second, were entitled to none, but such as were held out and given by the laws of the respective states prior to their emigration. ...St. George Tucker, BLACKSTONE'S COMMENTARIES: WITH NOTES OF REFERENCE TO THE CONSTITUTION AND LAWS OF THE FEDERAL GOVERNMENT OF THE UNITED STATES AND THE COMMONWEALTH OF VIRGINIA. (1803)
"Therefore every person born within the United States, its territories or districts, whether the parents are citizens or aliens, is a natural born citizen in the sense of the Constitution, and entitled to all the rights and privileges appertaining to that capacity."---William Rawle, A VIEW OF THE CONSTITUTION OF THE UNITED STATES OF AMERICA. 2d ed. (1829)
I think Anonymous 5 has it right (come on, people, pick a name!).
But I also believe states have a great deal of latitude in deciding who gets on the ballots within their states. For one thing, to be a candidate you do indeed have to apply in each state. This usually involves showing some sort of petition indicating that some number of people support the candidacy (just like referenda require a certain number signatures to get on the ballot).
I seem to recall that Ralph Nader did not appear on every state ballot because he had failed to apply in time or had insufficient qualifications in a few states. But he still could have won, if he had enough electoral votes from the states where he did appear on the ballot.
I do believe a State would not be allowed to reject any official certification of birth in the US (a state certification, or certainly a Federal one, as where John McCain was born on a US military base overseas, which is deemed part of the US).
I suppose states have to give full faith and credit to other states' proof of citizenship.
As to keeping people ogf ballots in national, constitutionally mandated elections, I wonder. For better or worse, we've got this two-party system (not contemplated by the Constitution) that pretty much runs things. States may be able to push around third parties, but no state, no matter how red or blue, could successfully make the rules so tricky as to keep a Republican or Democrat off the ballot except in the most unusual circumstances.
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