Thursday, April 28, 2011

Clowns Yes, Clones No!!

Because of all the "Birther" Bullshit, thought I'd do this post.  Not that the Birthers will change their minds, but at least the sane, rational thinking people will consider this a settled issue.

The framers of the Constitutions were some smart dudes.  They foresaw far into the future, over 200 years in fact.  Only a "Natural Born Citizen" can be President, no clones.

Article 2 Section 1 of the Constitution
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.

Natural-born citizen

Who is a natural-born citizen? Who, in other words, is a citizen at birth, such that that person can be a President someday?


The 14th Amendment defines citizenship this way: "All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside." But even this does not get specific enough. As usual, the Constitution provides the framework for the law, but it is the law that fills in the gaps. The Constitution authorizes the Congress to do create clarifying legislation in Section 5 of the 14th Amendment; the Constitution, in Article 1, Section 8, Clause 4, also allows the Congress to create law regarding naturalization, which includes citizenship.


Currently, Title 8 of the U.S. Code fills in the gaps left by the Constitution. Section 1401 defines the following as people who are "citizens of the United States at birth:"

•Anyone born inside the United States *


•Any Indian or Eskimo born in the United States, provided being a citizen of the U.S. does not impair the person's status as a citizen of the tribe


•Any one born outside the United States, both of whose parents are citizens of the U.S., as long as one parent has lived in the U.S.


•Any one born outside the United States, if one parent is a citizen and lived in the U.S. for at least one year and the other parent is a U.S. national


•Any one born in a U.S. possession, if one parent is a citizen and lived in the U.S. for at least one year


•Any one found in the U.S. under the age of five, whose parentage cannot be determined, as long as proof of non-citizenship is not provided by age 21


•Any one born outside the United States, if one parent is an alien and as long as the other parent is a citizen of the U.S. who lived in the U.S. for at least five years (with military and diplomatic service included in this time)


•A final, historical condition: a person born before 5/24/1934 of an alien father and a U.S. citizen mother who has lived in the U.S.


* There is an exception in the law — the person must be "subject to the jurisdiction" of the United States. This would exempt the child of a diplomat, for example, from this provision.


The previous one was a Clown.  Not that he wanted to make anybody laugh, he just didn't give a fuck about anyone other than himself.

4 comments:

  1. The law as currently written dates from the 1980s. At the time Obama was born, all it took was one parent being a citizen.

    ReplyDelete
  2. Sounds to me like damn near anyone can become the preznut. Well, works for me, I've never had an issue with that anyway.

    I just wish we would stop making fucking politicians preznuts.

    ReplyDelete
  3. BBC, Arnold the Govenator can't become President as much as some Right-WingNuts would like, because he was born in Austria of Austrian parents.

    ReplyDelete
  4. now their after his school records.

    ReplyDelete

No Anonymous comments,it's not that hard to think of a nom de plume.