0 votes

Resolution Recognizing Constitutional Eligibility Requirements For President Of The United States

--March 4, 2008

Here's an update you might want to consider.

RESOLUTION
RECOGNIZING CONSTITUTIONAL ELIGIBILITY REQUIREMENTS FOR PRESIDENT OF THE UNITED STATES

PRECINCT # _____________
SENATE DISTRICT # _____________
_____________ COUNTY, TEXAS

WHEREAS, Section 1 of Article II of the United States Constitution (the "Constitution") establishes that "No Person except a natural born Citizen … shall be eligible to the Office of President" (emphasis added).

WHEREAS, the Fourteenth Amendment to the Constitution establishes that "All persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States" (emphasis added).

WHEREAS, each citizen is either a natural born citizen or a naturalized citizen.

WHEREAS, natural born citizens are recognized as citizens because they were born in the United States.

WHEREAS, naturalized citizens are recognized as citizens not because they were born in the United States but because they meet other legal requirements, such as being born outside of the United States to citizen parents.

WHEREAS, John McCain was born to citizen parents on August 29, 1936 at the Coco Solo Air Base in the Panama Canal Zone in the country of Panama.

WHEREAS, the Panama Canal Zone and Coco Solo Air Base are now (and always have been) outside of the United States.

THEREFORE, John McCain was not born in the United States.

THEREFORE, John McCain may be a naturalized citizen, but he cannot be a natural born citizen.

THEREFORE, John McCain is not eligible to be President of the United States under Article II of the Constitution.

THEREFORE LET IT BE RESOLVED that the Republican Party of Texas shall not commit any delegates to elect John McCain to the Office of President of the United States.

LET IT BE FURTHER RESOLVED that the Republican Party of Texas shall update Party rules and/or take whatever other action is necessary to bestow uncommitted status on any delegates who may have already committed to elect John McCain to the Office of President of the United States.

LET IT BE FURTHER RESOLVED that this resolution be passed to the rules committee of the appropriate District, State of Texas, and National conventions for full consideration.

Adopted by Precinct # _______ in Senatorial District # _____ of ____________ County, Texas on March 4, 2008.

Precinct Convention Chair _______________________________________
_______________________ County, Texas

Telephone __________________________

Sincerely,

[Your name]

[Your address]

----Feb 28, 2008

I have taken the great work done by The Mudslinger [http://muddythoughts.blogspot.com/2008/02/panmanchurian-candidate-mccain.html] and turned it into a resolution.

Take this resolution to your precinct convention and start the conversation to protect the Constitution today!

-----

RESOLUTION
OPPOSING INELIGIBLE CANDIDATES FOR PRESIDENT OF THE UNITED STATES
PRECINCT # _____________
SENATE DISTRICT # _____________
_____________ COUNTY, TEXAS

WHEREAS, the 14th Amendment and matching regulations limit citizenship to natural born and naturalized.

WHEREAS, John McCain was born in 1936 in the Canal Zone to citizen parents.

WHEREAS, 8 USC 1403(a) declares naturalized citizenship in 1952 on persons born in the Canal Zone to citizen parents.

WHEREAS, 8 USC 1403(a) applies to John McCain at age 16.

WHEREAS, John McCain is a naturalized citizen.

WHEREAS, the Canal Zone was not part of the United States.

WHEREAS, John McCain was not born in the United States.

WHEREAS, John McCain is a citizen not born in the United States.

WHEREAS, John McCain is not a natural born citizen.

WHEREAS, Article II of the Constitution states to be President a person must be a natural born citizen.

WHEREAS, John McCain is not eligible to be President of the United States under Article II of the Constitution.

WHEREAS, John McCain should be disqualified from running for President and should be decertified and removed from all present and future Presidential ballots, and his past results should be disallowed.
THEREFORE LET IT BE RESOLVED that the Republican Party of Texas will update Party rules to leave uncommitted, delegates of a non-qualified candidates for President of the United States; and
LET IT BE FURTHER RESOLVED that this resolution be passed to the rules committee of the appropriate District and the State of Texas for full consideration.

Adopted by Precinct # _______ in Senatorial District # _____ of ____________ County, Texas on March 4, 2008.

Precinct Convention Chair _______________________________________

_______________________ County, Texas

Telephone __________________________

Sincerely,

[Your name]
[Your address]



Trending on the Web

Comment viewing options

Select your preferred way to display the comments and click "Save settings" to activate your changes.

I like this one much better

http://www.dailypaul.com/node/36664

Send THIS Resolution to your COUNTY Republican Party!
Posted February 10th, 2008 by ILUVRON2008

This resolution will be presented to the Mecklenburg County, North Carolina Republican Convention on Saturday, March 8th, 2008:

WHEREAS

RESOLUTION OPPOSING THE PROMOTION, SUPPORT, OR ENDORSEMENT OF SENATOR JOHN McCAIN OF ARIZONA FOR PRESIDENT OF THE UNITED STATES

Offered to the Mecklenburg County, North Carolina Republican Convention on Saturday, March 8th, 2008:

WHEREAS the Republican Party is founded upon the conservative political philosophy derived from the principle that individuals are endowed not by the government, but by the Creator, with certain unalienable rights; and

WHEREAS the Constitution of the United States is designed to guarantee the unfettered exercise of those rights by strictly limiting the power of government, whose authority is derived only from the consent of the governed; and

WHEREAS the Principles of Conservatism promote Liberty, Prosperity, and Individual Freedom; and

WHEREAS the leading presidential candidate for the Republican Party, Senator John McCain, has consistently demonstrated a record of public service counter to the philosophy and principles of conservatism and the Republican Party as evidenced by the following facts:

1. He has a consistent pattern of shocking verbal abuse, including screaming profanities, against Senate Republican colleagues who oppose his bills in any way; and

2. He has exercised scandalously poor judgment by intervening with the federal regulators on behalf of Charles H. Keating, Jr. in the Savings and Loan Crisis of the 1980s; and

3. He has worked against the principles of the Republican Party, promoting greatly expanding federal regulatory authority in order to combat global warming in ways that would greatly burden the American economy, contrary to free market forces; and

4. He has fought the Republican Party to create the Patient?s Bill of Rights, which allowed the government to impose a set of burdensome mandates on insurance coverage; and

5. He has undermined the principles of a free market economy by voting for an amendment that would authorize the Secretary of Health and Human Services to implement price controls on prescription drugs under Medicare; and

6. He has worked against the Republican Party to make a mockery of the rule of law, promoting amnesty for 20 million illegal immigrants; and

7. He has voted to subvert American Sovereignty by granting consulting rights to Mexico concerning the erection of a southern border fence; and

8. He has undermined the Constitution and opposed the Constitutional duties of the Vice President to break a tie on judicial nominations; and

9. He has worked against Conservative principles, undermining the First Amendment by abridging the free speech of citizens partaking in the political process; and

10. He has consistently led efforts undermining Second Amendment rights by promoting bills which regulate all sales at gun shows; regulations which force gun-owners to purchase trigger locks, making their firearms useless for self-defense; regulations which restrict the legitimate transfer of firearms over the internet; and regulations which extend the restrictions of the Brady bill to pawn shops and gun repair shops; and

11. He has voted to use taxpayer funds to harvest stem cells from human embryos; and

12. He has refused to take immediate and direct action to protect the life of the unborn; he opposes the repeal of Roe v. Wade; and he opposes a constitutional amendment to protect all human life; and

13. He sponsored and voted for a 282% tax increase on cigarettes that would have unconstitutionally violated the First Amendment and increased the size of the federal bureaucracy exponentially by giving the FDA unrestricted control over nicotine; and

14. He supports raising Social Security taxes; and

15. He has broken with the Republican Party in strongly opposing President Bush's tax cuts in 2001 and 2003. He also joined leading Democratic senators in offering and voting for amendments designed to undermine the tax cuts,

THEREFORE LET IT BE RESOLVED that the Republican Party of Mecklenburg County opposes any effort to promote, support, or endorse Senator John McCain as the Republican nominee; and

LET IT BE FURTHER RESOLVED that the Republican Party of Mecklenburg County will only support candidates who promote the philosophy and principles of conservatism in government; who promote smaller government, fiscal discipline, and greater economic and personal freedoms; and whose records of public service are evidence of their principled beliefs.

this all brings up a really good point

This all brings up a good point that we need our own constitutional law firm to work through like gold water jr's or others that we keep a million dollar funding of annual to take cases like this to the supreme court.

I hear it take 500k for a single case to be heard there on substantial matters.

So it would seem we have a cause to get behind in these areas.

"Cheating"?

Let the Democrats push this one. Coming from the Ron Paul campaign, it just appears desperate.

I have no objection if an individual tries to get an emergency temporary restraining order or whatever legal action is appropriate, but I think it won't help us to do petitions and publicity campaigns that appear to come from the Ron Paul camp.

You can't expect the GOP to know what to do without a court ruling.

IMissLiberty

What do you think? http://consequeries.com/

Mccain

McCain is more than likely legal..I can't believe he could have gotten this far if he weren't...If he isn't expect Romney to step up and not huckleberry

In regards to your comment

In regards to your comment "I can't believe he could have gotten this far if he weren't" I believe history would judge otherwise.

It's illegal for the US to wage war on other countries without a declaration of war from congress, yet we have done so many times over the past century and continue to do so today. No wonder so many people call the Iraq war, er I mean agression/conflict, and illegal and unconstitutional war.

There is a legal process for amending the constitution, yet we still have the 16th amendment which was not properly ratified.

We have the right to keep and bear arms with a great deal of people (possibly the majority of people, or close to it) exercising this right since the founding of our nation. Yet, there are those in the government trying to take that right away by having the supreme court change its definition to mean only certain people. Thankfully there are 31 States in opposition to taking away our right to bear arms and even one State has filed a brief that would basically put the United States in breach of contract if the US was to attempt to take away the right to bear arms from everyone in that state.

Income tax was never legal, but did become legal through illegal means. (Re: 16th amendment not being properly ratified). Check out some videos regarding the IRS and Income Tax on youtube... you'll find that people are actually winning lawsuits against the IRS and that the IRS cannot seem to point out a law requiring people to pay taxes. Maybe this is why Ron Paul calls Income Tax an illegal tax and also says that the IRS ought to be closed down.

It's actually illegal, as far as I know, for our government to have an unbalanced budget.... well, I suppose I need not go further into that one...

There's much more, but I'll stop here.

So, my point in all this is that even though you "can't believe he could have gotten this far if he weren't" you can see here with other example about how the US has and continues to subvert constitutional law on a regular basis. I believe that it is quite possible for someone to get so far while not being eligible.

...

Mccain

Mccain, before he took his dive in the polls was a front runner of sorts..I can't believe the other campaigns didn't pick up on this and if it's true, i'm very upset ours didn't from the start..this would be the kiss of death for Mccain

Strategically, the timing was wrong before

With the crowd of candidates it would have been lost in the background noise. Now with less candidates it gets more discourse and examination. Note that's the same with the other candidates as well--as the field whittles, the focus intensifies.

Ironically, Ron Paul wants to overturn birthright citizenship

One thing I hope he changes his mind on. Basing citizenship on the land instead of a governmental/political definition is more objective and less prone to confusion and corruption.

This would mean that millions of people, like me,

wouldn't be Americans because our parents served in the US military or government. What a great plan.

This resolution runs counter to Ron Paul's arguments. Jurisdiction is a matter of legal authority, not geographical lines.

Free and Brave
or Cradle to Grave
You can't have both

Free and Brave
or Cradle to Grave
You can't have both

My daughter is a dual citizen

She was born in Germany, on an Air Force installation, of American parents... when we got her paperwork, we were told the same thing they are saying here... she is a US citizen.. the only thing she cannot do is run for President.

So take that any way you want.. but that's what we were told in 1984.. ~shrug~

~Live life to its fullest, with an open heart, open arms and most important... an open mind~

Then folks like yourself and your daughter

should raise hell that they cannot become President, but McCain somehow is able? I'm just concerned about which direction this will go. Will the Supreme Court arbitrarily decide what a natural citizen is, screwing us all by allowing McInsane to continue his run for prez? Or more to my liking (and I'm guessing a lot of others on this board) a constitutional amendment.

there are many misinformed people

Obviously, as you can tell by this thread.

and the millions, like myself who are born overseas

won't be Americans? Because our parents served in the US military or the US government? Great plan.

Free and Brave
or Cradle to Grave
You can't have both

Free and Brave
or Cradle to Grave
You can't have both

I believe what he wants to

I believe what he wants to put an end to is people coming to the US, whether legally or illegally, with other stated intentions, while their true intention is to have their child within the United States, thus granting their child automatic citizenship just because they were here on vacation, here to work, illegally trespassing, etc, etc. That's the way I understand RP's position, but I might be wrong about that.

...

who cares if they come here legally?

If they come here legally with the intention to have their child in the US, at least they did it the right way.

That means they will probably integrate into society and contribute back to our society, and raise children with good moral standards who play by the rules and when the rules are unjust fight from within.

While anchor babies (for illegals) suck, it's not by far even close to the worst part of illegal immigration; it's the disproportionately high numbers of criminals that come through, ties to organized crime in home countries, et cetera.

He wants to solve

the ~Anchor Baby~ issue, is how I read that as well.

~Live life to its fullest, with an open heart, open arms and most important... an open mind~

I don't think a resolution will do it

I think you would have to challenge his ballot access for the november elections.

That's being worked on

The original analysis is being sent to all 50 SoS's, the DNC (already has it), the Obama and Clinton campaigns, the Huckabee campaign, the FEC, and that's just the legal side.

any other thoughts

any other thoughts on this.

Does anyone know of any constitutional lawyers to review this

While we're on the subject of eligibility

Whatever happened to the whole Obama/Hawaii thing?

Uhm...

Hawaii became a state in 1959, and Obama was born in 1961.

You might be thinking of Hiram Fong, who did run for president (twice) on the republican ticket (both times) -- he was indeed born in the state before it was a state.

I was born in Washington DC, am I ineligible to become president? Or is it different? (after all, DC votes for the president)

new york times claim by mccain people john was born on military

The claim that the mccain people say is that John was born on a military facility and makes him a naturally born citizen.

So are they right or wrong?

Does this make john mccain a naturally born citizen or a naturalized citizen of the US? Congress alone makes laws for naturalization. But without an ammendment to the US constitution they, nor the supreme court can change this limitation from John McCain from running.

So It comes down to the story of John's birth on an alledged navy based in the panama canal as being in the US.

This is the only way for him to run. If all military bases in the world allow children born of two parents to gain automatic naturally born citizenship then he is fine. But if they just say the person is a citizen, or a naturalized citizen, then he cannot run. He can not be shown favoritism in the law. Since all would suffer from this issue he would have to be made an example.

This obviously brings up the need to review the constitution for running for president.

Congress has no authority to define "natural born"

By doing so, they would be legislating a form of citizenship, thus placing "natural born" citizenship in the same category as "naturalized" citizenship since all legislated citizenship is by definition considered "naturalized" citizenship, and that would fly in the face of both the Article II wording and the 14th Amendment when put together.

huh?

the 14th amendment says nothing about "legislated citizenship" vs "constitutional" citizenship.

it is only a MINIMUM guarantee about what guarantees citizens must be. It also says that congress enforces rules for national citizenship. If congress makes some rule adding what we consider to be a citizen, then that rule stands.

Your interpretation is like saying "the bill of rights says nothing about the privacy so you have no right to privacy". The bill of rights is a MINIMUM guarantee of rights, there are unenumerated rights which you still have, and have been legislated by law or decided by the courts.

As usual you don't know what you're talking about.

Citizenship is either natural born or naturalized.

Naturalized citizenship is determined by legislation, as one of the delegated powers to Congress under the Constitution.

Natural born citizenship is NOT determined by legislation, but by place of birth.

The original Panamanchurian Candidate document covers this in detail.

I suggest you go read it.

Directly from the panamanchurian article...

"Because 8 USC 1403(a) uses the term “is declared to be a citizen” (emphasis added), that leans heavily towards a lex soli position (naturalization)"

Last I checked, "leans heavily" is a weasel phrase.

Besides, USC 1401(a) takes precedence. 1403(a) is simply a patch to take care of children of citizens born in the the zone who have never actually lived > 5 years in the states proper.

Furthermore:

"c. Despite widespread popular belief, U.S. military installations abroad and U.S. diplomatic or consular facilities are not part of the United States within the meaning of the 14th Amendment. A child born on the premises of such a facility is not subject to the jurisdiction of the United States and does not acquire U.S. citizenship by reason of birth. (emphasis added)"

True, but they still do by reason of blood. Just because the US has no legal power (jurisdiction) in the does not deny you rights when you return to the US. Let's say you are born in foreign country Q, which by their statute does not recognize you as a US citizen jus sanguinis. Does that mean that when you come back to the US you are not a US citizen? Of course not. Fuck cares what country Q thinks. Citizenship is determined by congress.

"(38) The term “United States”, except as otherwise specifically herein provided, when used in a geographical sense, means the continental United States, Alaska, Hawaii, Puerto Rico, Guam, and the Virgin Islands of the United States."

Hm. What about Washington DC? So I can't be president, I guess. Bullshit. The 14th amendment guarantees minimum requirements for citizenship that are unimpeachable by congress, however it may expand qualifications if it so desires. The constitution should not be construed to deny people rights, but to GUARANTEE people rights. That is a FUNDAMENTAL principle of both the US and the Ron Paul campaign.

Playing games with ill-defined legal terminology to exclude people from running for president (arguably a right) is an act in bad faith.

I covered that in the original.

And Panama, but its nature of being a lease land, is a unique and funky animal in that regard.

Run it by mudslinger first...

I don't read too good, but you might want to run the proclamation by him first to make sure it passes.....then send it out in all directions.

Thanks for taking the time to do this.

He already did

And since Tannim = Mudslinger (as if that wasn't obvious by now! :) ), he did fine.

sounds like congress and supreme court have to get involved

sounds like congress and supreme court have to get involved...after reading all this ..one has to wonder how this affects illegal immigration rulings and focus shift.

Can one be tied to the other?

http://en.wikipedia.org/wiki/Natural-born_citizen