Partus sequitur ventrem, often abbreviated to partus, was a legal doctrine concerning the slave or free status of children born in the English royal colonies. Incorporated into legislation in the British American colonies and later in the United States, partus held that the social status of a child followed that of his or her mother. Thus, any child born to an enslaved woman was born into slavery, regardless of the ancestry or citizenship of the father. This principle was widely adopted into the laws regarding slavery in the colonies and the following United States, eliminating financial responsibility of fathers for children born into slavery. Partus derived from the Roman civil law; the full Latin phrase literally means "that which is brought forth follows the womb"
There are no laws or "legal precedents" just the papers and personal journals of the founding fathers and the authors of the U.S. Constitution. http://east_west_dialogue.tripod.com/vattel/id4.html https://nobarack08.wordpress.com/2009/11/30/vattels-law-of-nations-and-the-founding-fathers/ http://www.claremont.org/crb/basicpage/the-founding-and-the-law-of-nations/ https://www.schillerinstitute.org/fid_97-01/971_vattel.html https://blogs.loc.gov/kluge/2016/05/the-influence-of-emer-vattel/
The Constitution states "natural born citizen". Just being a citizen is not enough to meet Presidential requirements. Natural born citizen would be defined by being born within the borders of the USA. If he were born in Kenya then he would not be eligible for the office. That why this was made into a big deal. During the Constitutional Convention, John Jay wrote to George Washington, urging "a strong check to the admission of Foreigners into the administration of our national Government; and to declare expressly that the Commander in Chief of the American army shall not be given to nor devolve on, any but a natural born Citizen." Justice Story later noted that the natural-born–citizenship requirement "cuts off all chances for ambitious foreigners, who might otherwise be intriguing for the office." as explained here: https://www.heritage.org/constitution/#!/articles/2/essays/82/presidential-eligibility
The facts are an American citizen couldn't move and live in some foreign country to avoid the draft. Where ever an American citizen goes the United States has jurisdiction over you.
Sure they could if there was no extradition, but your draft board sending you a letter would be forwarded with your damned mail... Even to Saudi Arabia. Have you EVER been out of the country of your birth?
You give us five links to the writings of ONE SINGLE SOLITARY MAN. Meanwhile, if you google your assertion, "the U.S. Constitution is based upon Natural Law and 'Son follows the condition of his father,'" you get precisely two results - one from a 19th century book of Spanish law, and one directly out of your ass, from this very forum. I think I see a pattern here...
Tell that to the 40,000+ that did EXACTLY THAT during Vietnam who were pardoned by Carter. I didn't see us invading Canada to get 'em back... Your denial of objective reality is almost Trumpian.
20,000 Canadians fled Canada and took their place by enlisting in the U.S. military during the Vietnam War. https://www.cbc.ca/news/canada/brit...the-canadians-who-fought-in-vietnam-1.3304440
Constitutionally speaking, that's an affirmative. Actually, the only way that's facially true is if he was born out of wedlock, which would make him a citizen by birth under a certain federal statute; but that doesn't matter, because according to the Constitution, Congress had no authority to enact said statute anyway.
The US Constitution does not say that. Mere citizenship is not sufficient. However, the matter was already adjudicated and the time frame to appeal an election outcome also has passed. Even if he was 100% ineligible to be president, rule of law makes it now irrelevant. A "deadline" is just that: "a deadline." Even if it proven President Obama is a non-human and non-American citizen, nothing he did officially would be voided. Since I was not present at his birth, I do not now or will I ever KNOW where he was born. Fraudulent government documents certainly would be nothing new. Nor would the burden of proof have been on him to prove he was born in the USA, it would have been to prove to a decree of certainty he was not - AND this adjudicated to a final judgment PRIOR the election certified by Congress per the US Constitution. The moment the US Congress certified the election, the issue was DEAD forever. Constitution and law is NOT about truth, right versus wrong or ideology. It is about the rule of the Constitution and law, nothing else.
Don't look now, but the Constitution wasn't written by Vattels, and 'natural law' doesn't appear even once in the Constitution or its amendments. The Declaration of Independence is not, and has never been, law.
In my opinion, if McCain has been born on a US military base he was eligible, and if born off a US base in a foreign country he would not. In my opinion, the US Constitution bars Ted Cruz from becoming president - but we all know federal courts decided the US Constitution does or does not apply however they each feel about it. Once a person - or whatever - is certified by the US Congress to be president, any issue of eligibility is a dead issue - also according to the Constitution and federal law. If Congress certified one of our cats is the next president, the next State of the Union address would begin with a hiss or meow.
The Immigration and Naturalization Act is not the US Constitution. NO law passed by Congress can alter the Constitution one iota.
Why are we still talking about? People. Barrack Obama is a US citizen. He was born in the US. Period. Get over it. Can we please move on from this crap?
Yup. You’re toooooooootally right. Obama never once ever ever never ever did anything wrong and EVERYTHING he ever did was the greatest thing ever. The only reason anyone could ever even consider criticizing the great messiah is because they are evil racists who just couldn’t handle how amazing he was. Good god saying that actually made me want to vomit. Like, in the back of the throat gaging. Ffs...
You birthers won't stop beating this racist and fraudulent drum, will you? You claim that the claim has been beaten into the ground. Well, why do you, and a few others keep bringing it up over and over again? As anyone can see from the circle jerk you started, bigotry is alive and well represented on this forum.
A buddy of mine was born in England in 1950 while his father was serving in the U.S. Air Force. He was born in a hospital off base and was a U.S. citizen and a British subject. About a year later his brother was born (1951) by that time there was a base hospital on the USAF base and was born in the base hospital. He was just a U.S. citizen since U.S. military bases on foreign soil are considered to be U.S. sovereign territory.
