Friday, October 5, 2012
Can Dual Citizens Run For President - Let's Take A Look
There is a "Responsibility" to be a defensive driver, but not a "right" for a 13 year old to drive or run for President.
If you have a choice of dual citizenship at birth, you don't have a 'right' to run for President.
The very subtle argument to place "responsibility" of the voters in charge of who to elect is used in the following comment and its worth looking at because we all must know that we are a nation of laws and the Constitution is the Supreme Law.
[So long as the child is born in the USA, she or he would be eligible. What that means is simply: (1) American citizens have the RIGHT to vote for the US-born child of a dictator, just as they have a right to vote for every US-born citizen. That right has not been taken away. (2) It is the RESPONSIBILITY, of the US voter to vote against that child of a dictator if the voter feels that the child of that dictator will be like the dictator (or, if not, then to vote the other way). NO court has taken away that RESPONSIBILITY, and having responsibilities is a good thing. People who desire to take away the responsibilities of Americans want to treat them like children. That is what conservatives say that liberals want to do, but in this case the conservatives are acting like liberals, desiring to take away a right and a responsibility.]
Now of course we must consider the right of the people to know and understand the Candidate's past. That past has come to be shaped by the Media. We all know Barack Obama's past was never remotely delved into by the mainstream media, and we also know that Obama himself didn't write his own auto- Dreams of my Fathers.
A clear manipulation of the voters information comes clear from who owns and runs the media. Obama's forged long form birth certificate and draft registration by law enforcement investigators (ie Sheriff Joe Arpaio's Cold Case Posse) didn't take place until 2011. This was a full 3 years into the 1st term.
The Constitution contains the term "natural born" for a US president. This term was used to prevent anyone with the possibility of having a foreign allegiance from becoming commander-in-chief of US forces, for obvious reasons (super fifth column, anyone?) A person with dual citizenship owes allegiance to both the US and the foreign government. They are required to obey the laws of both countries, which of course for a sitting US President would be disastrous to the US nation.
The term "natural born" is used to mean a singular allegiance to one and only one nation. Dual citizenship contradicts this.
(Note that it is unique that the US president is also the commander-in-chief, which entrusts the office of president with great power, so a concern of allegiance was on the minds of the framers of the Constitution. Senators and Representatives can be naturalized; the President cannot, because of the Commander-In-Chief power.)
All NATURALIZED citizens have to take an oath of ALLEGIANCE, to confirm they only have allegiance to the US and no other country. But this is not enough to fully repudiate possible allegiances to other countries.
So "allegiance" is the key here -- at the time of the writing of the US Constitution, "natural born" was a term carefully chosen to define that allegiance - it means having a singular allegiance that derives from one's having been born of the soil of the nation - in this case, the US nation. This results in a kind of "super-allegiance".
That is what the framers meant, and Constitutional lawyers have always recognized this to be the meaning.
So according to the Constitution, which explicitly and unambiguously uses with the term "natural born" when referring to qualifications for someone to be the US president, no, a US president cannot have dual citizenship. They must have that singular allegiance that can only be derived from having been born of US soil - "born here" to Citizen parents, simply because one can take the foreign parents citizenship at birth, that right always exist.
Loyalty to first generations citizens does not abdicate the "responsibility" to follow the Constitution, as we are a Nation of laws.
Again the Article II,Sect I, Clause 5 itself is the law and abrogates a "Citizen" can run if they were such at the time of the adoption of the Constitution, thus the "natural born citizenship" was given an exemption.
"Citizens" of the 14th Amendment source, dual citizens, and or 'native' citizens - anchor babies were not given that exemption.
This is the Supreme Law of the Land, and there is a method of changing it, but it doesn't exist through the Judicial Branch. It remains in the Legislative Branch.
Read more: http://wiki.answers.com/Q/Can_a_US_president_have_dual_citizenship#ixzz28TQ31D3m
DC Court just Sept 28th,2012 ruled that the 'natural born citizen' clause was not trumped by the 14th or 5th Amendment.