An Army Doctor is being court-martialed for disobeying orders to be deployed to Afghanistan. Why does he not want to go? Because all orders given by the Commander-in-Chief (the President) are invalid because Obama was not born in the US and thus makes him unable to make those orders.
Really? Are people still hung up on this? Why is it that intelligent people believe this?1 You know what, why was John McCain’s status never ever brought up for serious debate? His father was in the navy and was sent all over the world. How do you know he was born on US soil, hmmmm? I can prove that John McCain was ineligible for the presidency.
John Sidney McCain III was born August 29, 1936 in the Panama Canal Zone, controlled by the United States. The territory remained an unincorporated territory from 1903 until 1979. In 1901, the US Supreme Court ruled in Downes v. Bidwell that “the constitution does not follow the flag”, meaning the laws (and Constitution) did not apply to territories like Panama. The Court reaffirmed this and added in Rasmussen v. United States (1905) that citizenship applied to incorporated territories. Those born in unincorporated territories were “US nationals”, but not citizens.
In 1937, a year after McCain’s birth, Congress granted citizenship by birth to those living in unincorporated territories like the Panama Canal Zone. The law also provided that those born after 1904 to two American citizens were granted full citizenship. Even though McCain was born before the 1937 law, the retroactive legislation made him a natural born citizen, right?
There is one problem. Article One, Section 9 of the United States Constitution states,
No bill of attainder or ex post facto Law shall be passed.
Ex post facto Law “is a law that retroactively changes the legal consequences (or status) of actions committed or relationships that existed prior to the enactment of the law”. The law passed in 1937 is unconstitutional because it changes “the legal consequences of actions committed or relationships that existed prior to the enactment of the law”
McCain was not a natural born citizen of the US and therefore is not eligible to be President as described in Article II, section 5 of the US Constitution.
And yet a man who was born in an American state and has released his birth certificate a million times is the subject of controversy.
Just to be clear, I have nothing but respect for Senator John McCain. I respect him for his bravery and the suffering he endured during Vietnam as a POW. I respect him for his years of service in the Senate. Up until he picked Palin for Vice President, I couldn't decide who I was going to vote for in 2008.
1A nurse I know (to remain nameless) also believes Obama was born in Kenya
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