Wednesday, July 28, 2010
Immigration and Eligibility Common Authorities for McCain and Obama
Arizona is on the front line in defending America’s Borders, and the Feds not only refuse their job but are doing just about everything they can to assure the dis-comfort of the Union and undermine States Rights, especially in light of the Feds failing.
Reports from the Arizona Daily Star list a few of the parts of the law that have been put on hold by the Federal Judge:
[The overall law will still take effect Thursday, but without the provisions that angered opponents. Sections barred from being enforced include:
• Requiring a police officer to make a reasonable attempt to check the immigration status of those they have stopped;
• Forbidding police from releasing anyone they have arrested until that person's immigration status is determined;
• Making it a violation of Arizona law for anyone not a citizen to fail to carry documentation;
• Creating a new state crime for trying to secure work while not a legal resident;
• Allowing police to make warrantless arrests if there is a belief the person has committed an offense that allows them to be removed from the United States.
"Requiring Arizona law enforcement officials and agencies to determine the immigration status of every person who is arrested burdens lawfully-present aliens because their liberty will be restricted while their status is checked," U.S. District Judge Susan Bolton ruled.
The judgment is "virtually a complete win for the United States" and that the "heart of SB1070 has been enjoined," University of Arizona law professor Gabriel "Jack" Chin said.]
Very interesting, the University of Arizona law Professor Gabriel “Jack’ Chin would weigh in on this. You may recall another issue the Arizona black belt Professor Gabriel “Jack” Chin weighed in on for it was used in the law suit by me, Cody Judy, in my Article II Patriot Stand against John McCain here:
Excerpt from Judy v. McCain Federal Law Case Civil No. 2:08-cv-01162:
Why Senator John McCain Cannot Be President: Eleven Months and a Hundred Yards Short of Citizenship
Gabriel J. Chin
University of Arizona - James E. Rogers College of Law; University of Arizona - School of Public Administration and Policy
July 9, 2008
Arizona Legal Studies Discussion Paper No. 08-14
Senator McCain was born in 1936 in the Canal Zone to U.S. citizen parents. The Canal Zone was territory controlled by the United States, but it was not incorporated into the Union. As requested by Senator McCain's campaign, distinguished constitutional lawyers Laurence Tribe and Theodore Olson examined the law and issued a detailed opinion offering two reasons that Senator McCain was a natural born citizen. Neither is sound under current law. The Tribe-Olson Opinion suggests that the Canal Zone, then under exclusive U.S. jurisdiction, may have been covered by the Fourteenth Amendment's grant of citizenship to "all persons born . . . in the United States." However, in the Insular Cases, the Supreme Court held that "unincorporated territories" were not part of the United States for constitutional purposes. Accordingly, many decisions hold that persons born in unincorporated territories are not Fourteenth Amendment citizens. The Tribe-Olson Opinion also suggests that Senator McCain obtained citizenship by statute. However, the only statute in effect in 1936 did not cover the Canal Zone. Recognizing the gap, in 1937, Congress passed a citizenship law applicable only to the Canal Zone, granting Senator McCain citizenship, but eleven months too late for him to be a citizen at birth. Because Senator John McCain was not a citizen at birth, he is not a "natural born Citizen" and thus is not "eligible to the Office of President" under the Constitution.
Keywords: John McCain, Canal Zone, citizenship, naturalization, natural born citizen, president, presidential eligibility
JEL Classifications: K33
Working Paper Series
It’s good to see the professor again! As John McCain is fighting for his political future, he has run amuck the Constitution of the United States. He actually had a ‘good ole boys’ U.S. Senate Resolution 511 created on his behalf, never mind that the rest of the Natural Born Citizens in America were smart enough to figure that one out without a U.S. Senate Resolution that is NOT binding, NOT signed by the President, NOT seen by the House, which to be affective as Constitutional it would need to be.
This McDastardly deed also had the effect as a ‘gag order’ on all the Republican Senators from opposing Obama’s Eligibility, based on the fact they had signed off on Sen. John McCain’s ill gotten gain.
Very sad when America has lost the trust of the two party systems to greed, power, and deception, over service, honor, and trust. This is the biggest motivation for me to make the following 2 videos in the hope that Arizona will wake up and vote McCain out of there for not being true to his oath.
Sen. John McCain a Dis-Honor
And "Choice Political Tracks"
Labels: cody judy, john mccain, senate "mike lee" lds mormon utah election constitution conservative independence news