| Is John McCain qualified to be President of USA? |
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Asked 3 years ago
by elwyatt  United States |
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About
I'm a geeky electrical engineer, raised in Hawaii, surfer, tennis player, webmaster, entrepreneur, with my own take on things.
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11 Points
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Since only a constitutional amendment can overturn the qualifications defined in the Constitution, I don't believe John McCain meets the requirement to be a natural-born citizen.
http://www.nytimes.com/2008/07/11/us/politics/11mccain.html
Hmmmm. How very interesting!
This has been coming up here for the past year. He does meet the requirements:
"...federal law states: "Any person born in the Canal Zone on or after February 26, 1904, and whether before or after the effective date of this chapter, whose father or mother or both at the time of the birth of such person was or is a citizen of the United States, is declared to be a citizen of the United States."[8] The law that conferred this status took effect on August 4, 1937, one year after John McCain was born — albeit with retroactive effect, resulting in McCain being declared a U.S. citizen."
So, unless you want to challenge this law under the Constitutional grounds of it being ex post facto, he qualifies.
Obviously the qualification of McCain has not been challenged in federal court. Yes, federal law does appear to make this a non-issue, IN ALL CASES EXCEPT QUALIFICATION FOR PRESIDENT. The qualifications for President are spelled out in the original body of the Constitution, and its original meaning cannot be changed by federal law, only by amendment or by Supreme Court ruling. By the traditional understanding of "natural born citizen", McCain would not (or may not, it hasn't been tested) qualify due to his birth in the Panama Canal Zone, despite later federal laws that do allow him to claim "natural" citizenship due to parentage. I am dismayed that this issue has not been addressed in court yet. Can you imagine if McCain won, and Palin immediately challenged his qualification and became President herself, because of this? That would not be amusing at all.
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[-2 points] 3 years ago by deleted user ReplyThis comment was deleted.
[1 point] 3 years ago by deleted user ReplyLike when he opens his mouth.
It not irrelevant if he wins, because Palin could then challenge him in court, and end up as President by Supreme Court ruling. This issue has never been addressed before in court, and we have a strict constructionist Supreme Court that may actually believe that federal law does not trump the Constitution.
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[2 points] 3 years ago by deleted user ReplyYour opinion is not shared by many in the legal profession or by legal scholars. It is generally agreed that children born to persons stationed abroad (military and civilian) enjoy all the benefits and meet all the qualifications of a natural-born American. I do believe children are born to persons in our various Embassies and certainly to military persons stationed overseas. Case history works in McCain's behalf.
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[1 point] 3 years ago by deleted user ReplyMcCain qualifies to be President as does Obama. That will be why they're going to the polls on the 4th.
Agree.
http://media.caglecartoons.com/preview/%7B2338d1c0-c7bf-4174-8169-97b2fecf43d8%7D.gif
I don't think he is qualified, but it has nothing to do with his citizenship.
Just because you don't like him, doesn't make him unqualified.
But I do like him. He may not be qualified as a matter of law, and it makes sense to clear that up before before the election, not after.
Think for a minute. All of this has been done. Both candidates are cleared and qualified as USA Natural Citizens. It's really as simple as that. Now as to his qualifications to do the job?
It is not that simple. There is no "clearing" process. This would have to be addressed in federal court and initiated by a complaint. Obama refused to do it. Perhaps Nader would do it, if he thought about it.
i just don't see what where he was born has to do with it. The question is "Is he qualified." The answer is "no."
Remember "The Change You Deserve," which turned out to be a trademarked slogan of an anti-depressant? If he (and his staff!) aren't smart enough to google this to see if it has any other connotations, can they be smart enough to run a country?
The qualifications for President are listed right there in the Constitution. The candidate must be at least 35 and a natural-born citizen. There are no other qualifications, other than to get elected (or promoted) to the job.