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Politics : The Obama - Clinton Disaster
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To: Zincman who wrote (16415)7/30/2009 3:37:47 PM
From: DuckTapeSunroof  Read Replies (1) of 103300
 
Re: ["Note that! Even "natural born" status given by statute may not work for Constitutional purposes! How could that be? Let me guess. "Natural born" citizen status can be given by statute to a foreign born child if both of his parents are US citizens, but perhaps the State Department is recognizing that such a law would be superceded by the Constitution, which is the supreme law of the land, and those who interpret it, such as the Supreme Court."]

Exactly.

For example, that is clearly the legal status that exists for Senator John McCain.

1) He was NOT born in an incorporated portion of the United States of America. (At the time of his birth, existing federal legal rulings clearly establish that the Canal Zone was not a legally incorporated portion of the United States.)

2) But he was born of two American citizens. Therefore he is an "American citizen" (a point also clearly established in US law).

3) Some two or three years *after* his birth in the Canal Zone, an Act of Congress granted the legal distinction of "natural born" to any US citizens who would be born there... and [whether this part is constitutional or no] the Act *also* granted that status of "natural born" RETROACTIVELY to American citizens who had previously been born there.

4) HOWEVER --- (according to the distinction that the Web site you linked to appears to draw from a single line in State Department regulations) --- it MAY BE POSSIBLE that the US Constitution has a higher level definition and requirement for "natural born" then mere legislation (such as that Act passed by Congress which granted the status retroactively to McCain's birth) requires or establishes.

OR, I suppose the converse is also an option: It may be that the Constitutional language does NOT set a higher standard then is established by legislation. (The State Department doesn't say either way. <GGG>)
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