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Canadians have voted to merge with the United States of America...

Here is what the constitution says on the matter who is eligible:

"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."

Yes, I believe that that's what I said above. Though, again, I don't know what the historical precedent is for interpreting the "natural-born citizen" requirement with regards to people who were previously citizens of a sovereign country that later became a US state. The best example I can think of would be Vermont, which joined the Union after the Constitution was adopted but had never been part of the Union under the Articles of Confederation. I don't know if the question of whether or not citizens of the formerly independent Vermont, who not been U.S. citizens at the time of the adoption of the Constitution, were retroactively interpreted to have actually been US citizens by virtue of Vermont having been covered under the Declaration of Independence or not.

In the first part of the miniseries, they explained it was allowed due to a clause in the treaty that oversaw the merger.

Yeah, but the problem is that a treaty cannot trump the US Constitution. The Constitution is the supreme law of the land, and any piece of legislation, whether an Act of Congress or a ratified Treaty, which is found by the US judicial system to conflict with the Constitution, is nullified.

Of course, by the same token, the US Constitution also requires that there only be one United States Representative for every 30,000 people, but so far as I know, that particular clause has never been fulfilled; instead, they just try to make sure that every Rep's district is roughly equal in population.
 
Yes, I believe that that's what I said above. Though, again, I don't know what the historical precedent is for interpreting the "natural-born citizen" requirement with regards to people who were previously citizens of a sovereign country that later became a US state. The best example I can think of would be Vermont, which joined the Union after the Constitution was adopted but had never been part of the Union under the Articles of Confederation. I don't know if the question of whether or not citizens of the formerly independent Vermont, who not been U.S. citizens at the time of the adoption of the Constitution, were retroactively interpreted to have actually been US citizens by virtue of Vermont having been covered under the Declaration of Independence or not.

In the first part of the miniseries, they explained it was allowed due to a clause in the treaty that oversaw the merger.

Yeah, but the problem is that a treaty cannot trump the US Constitution. The Constitution is the supreme law of the land, and any piece of legislation, whether an Act of Congress or a ratified Treaty, which is found by the US judicial system to conflict with the Constitution, is nullified.

True, but the United States has also never peacefully annexed a country of 32 million. ;) I'm willing to let it slide... suspension of disbelief and all.
 
Yeah, that's a bogus nonsense objection, especially since the Panama Canal Zone was US territory at the time.

And since McCain's parents were (presumably) both US citizens, then he is automatically one as well, regardless of the location of his birth.

Actually he would only need to have one parent be a US citizen for him to be one. Because any child born to mixed parentage is automatically a citizen of both parents' countries - no matter where they were born. (For instance, I have two nephews who are both US and British citizens, since their father is British and their mother - my sister - is American. Even though they were born in London, they are automatically dual citizens.)

Also, let's look at this very specific phrase: "No person except a natural born citizen, OR a citizen of the United States.." Note that word: OR.

Either McCain's birth on US territory makes him eligible, OR the fact that he was (by birth) considered a US citizen, also does the same. Either way, he's covered.
 
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Yeah, that's a bogus nonsense objection, especially since the Panama Canal Zone was US territory at the time.

And since McCain's parents were (presumably) both US citizens, then he is automatically one as well, regardless of the location of his birth.

Which is all well and good, except the Constitution says "natural-born citizen" which is more then just a citizen. The argument is still pointless for the reasons Sci listed, but where you are born still matters for eligibility.
 
Which is all well and good, except the Constitution says "natural-born citizen" which is more then just a citizen. The argument is still pointless for the reasons Sci listed, but where you are born still matters for eligibility.

Read the last part of my message. "No person except a natural born citizen, OR a citizen of the United States.." ;)
 
Yes, I believe that that's what I said above. Though, again, I don't know what the historical precedent is for interpreting the "natural-born citizen" requirement with regards to people who were previously citizens of a sovereign country that later became a US state. The best example I can think of would be Vermont, which joined the Union after the Constitution was adopted but had never been part of the Union under the Articles of Confederation. I don't know if the question of whether or not citizens of the formerly independent Vermont, who not been U.S. citizens at the time of the adoption of the Constitution, were retroactively interpreted to have actually been US citizens by virtue of Vermont having been covered under the Declaration of Independence or not.

In the first part of the miniseries, they explained it was allowed due to a clause in the treaty that oversaw the merger.

Yeah, but the problem is that a treaty cannot trump the US Constitution. The Constitution is the supreme law of the land, and any piece of legislation, whether an Act of Congress or a ratified Treaty, which is found by the US judicial system to conflict with the Constitution, is nullified.

Of course, by the same token, the US Constitution also requires that there only be one United States Representative for every 30,000 people, but so far as I know, that particular clause has never been fulfilled; instead, they just try to make sure that every Rep's district is roughly equal in population.

No, though proposed as the first amendment of what became the Bill of Rights, that article was never ratified. (The second of the proposed amendments - relating to public consent to increases in congressional pay - was ratified in 1992, leaving this the only unratified member of the first congress's proposed amendments.)

Which is all well and good, except the Constitution says "natural-born citizen" which is more then just a citizen. The argument is still pointless for the reasons Sci listed, but where you are born still matters for eligibility.

Read the last part of my message. "No person except a natural born citizen, OR a citizen of the United States.." ;)

That section actually reads 'or a citizen of the United States, at the time of the adoption of this Constitution.' (No citizen of the United States old enough to be president at the time of the Constitution's adoption had been born an American citizen.) The current definition (has another time's been otherwise) of natural born citizen does include children born to Americans overseas; ergo both Senator McCain and my mother (also born on a military base outside the US) are natural born citizens eligible to the presidency.
 
I believe citizens of annexed states would automatically be considered natural born citizens (plus possibly retroactive residency), but I grant that the legal question may be somewhat up in the air. Goldwater got as far as his party's nomination, but, not having won the general, he never had to face a court battle.
 
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No serious question. US law also regards anyone born to two US citizens overseas as being a natural-born citizen.

Well actually there is some question... The Situation Room: Is McCain Eligible To Be President?

Yeah, that's a bogus nonsense objection, especially since the Panama Canal Zone was US territory at the time.

Well obviously it has some merits or is enough of a problem for his campaign to prepare a legal opinion on it. Also found this that shows that it is not clearly a cut and dried question-
From Findlaw.com
All Presidents since and including Martin Van Buren were born in the United States subsequent to the Declaration of Inde pendence. The only issue with regard to the qualifications set out in this clause, which appears to be susceptible of argument, is whether a child born abroad of American parents is ''a natural born citizen'' in the sense of the clause. Such a child is a citizen as a consequence of statute. 94 Whatever the term ''natural born'' means, it no doubt does not include a person who is ''naturalized.'' Thus, the answer to the question might be seen to turn on the interpretation of the first sentence of the first section of the Fourteenth Amendment, providing that ''[a]ll persons born or naturalized in the United States'' are citizens. 95 Significantly, however, Congress, in which a number of Framers sat, provided in the Naturalization act of 1790 that ''the children of citizens of the United States, that may be born beyond the sea, . . . shall be considered as natural born citizens. . . .'' 96 This phrasing followed the literal terms of British statutes, beginning in 1350, under which persons born abroad, whose parents were both British subjects, would enjoy the same rights of inheritance as those born in England; beginning with laws in 1709 and 1731, these statutes expressly provided that such persons were natural-born subjects of the crown. 97 There is reason to believe, therefore, that the phrase includes persons who become citizens at birth by statute because of their status in being born abroad of American citizens. 98 Whether the Supreme Court would decide the issue should it ever arise in a ''case or controversy'' as well as how it might decide it can only be speculated about.

Certainly from the quoted text it does look McCain would have no problem. The issue from what I read in the quote, has not come before the Supreme Court, so as the quote says can only speculate on what they would do.
 
I like that trailer.

"Candadians have voted to join the United States of America.... God help us."

:lol:

Whatever, dude. It's not like you guys try and be like us in everyway possible already as it is. ;)
 
Maybe I'm wrong, but when I read the premise, I was under the impression that this would be a comedy (Especially since Paul Gross is behind the wheel). Why is everyone taking it so seriously? :confused:
 
Maybe I'm wrong, but when I read the premise, I was under the impression that this would be a comedy (Especially since Paul Gross is behind the wheel). Why is everyone taking it so seriously? :confused:
Interesting perspective, but no, they're political thrillers, not light comedies.
 
Maybe I'm wrong, but when I read the premise, I was under the impression that this would be a comedy (Especially since Paul Gross is behind the wheel). Why is everyone taking it so seriously? :confused:
Interesting perspective, but no, they're political thrillers, not light comedies.

So this is a Canadian The West Wing or The Amazing Mrs. Pritchard, not the Canadian Yes, Prime Minister or That's My Bush!...?
 
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