A place for Liam to post essays, comments, diatribes and rants on life in general.

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Sunday, July 13, 2008

Random News Tidbits

There are a few news tidbits that don't make up enough for a full post, but which are worth quick comment on...

First, for those who haven't heard, President Bush departed the G8 summit with the words "Goodbye from the world's biggest polluter." I assume he meant it as a joke, but as the leader who seems determined to single handedly kill Kyoto, it rings pretty hollow as humor goes.

Second, I'm willing to forgive a lot of personal failings (I've had my share myself), but I really find it hard to tolerate hypocrisy, and this week John McCain showed it in spades. Three examples:
  1. He's accused Barack Obama of flip-flopping on some topics on which Obama actually has held true, while himself (McCain) changing positions as often as one would hope he changes underwear.
  2. The Kyl-Lieberman Amendment. McCain has gotten a fair amount of mileage by condemning Obama for missing the vote on this amendment designating the Iranian Revolutionary Guard a terrorist organization: "This is the same organization that I voted to condemn as a terrorist organization when an amendment was on the floor of the United States Senate. Senator Obama refused to vote." Unfortunately, records show that McCain was in New York when that vote was taken (Obama was in New Hampshire), so McCain (who has at last count missed more Senate votes than any other Senator) missed the very vote he's condeming Obama for missing.
  3. And finally, tacking towards the Religious Right, McCain and his campaign are trying to sell themselves as the family values candidate, but as this article shows, McCain's story about his divorce of his first wife and marrying of his second... doesn't ring true. It's pretty clear he was actually cheating on his first wife with his second, before they ever separated. Again, as a personal failing, I can forgive it. But in a guy who is trying to sell himself as the morality candidate, not so much.


Next up: According to the New York Times, there is a secret report by the International Committee of the Red Cross that concludes that CIA interrogation methods constitute terror and that the high level administration officials who signed off on them are guilty of war crimes. I have long held that if our conduct since 9/11 had been undertaken by a smaller nation, they'd already be under massive sanctions from the United Nations, and their leaders would probably be on trial at The Hague (in absentia at the very least).

A little one, interesting just as a tidbit, although I don't think it has any merit, there's this from the Times again. Apparently a law professor from U. of Arizona has determined that John McCain is not Constitutionally eligible to become President. It's already been discussed that he was not, technically, born in the United States, but in the Panama Canal Zone, and it's been pointed out that a 1937 law conferred citizenship on any child born in that area after 1904 to American parents, which makes McCain a citizen. But the Constitution requires a "natural born" citizen, and this professor argues that the 1937 law was passed just before McCain turned one year old, meaning that although he was granted citizenship, he did not have it for nearly the first full year of his life, which means that although he's a citizen, he's not technically a "natural born" citizen. The Professor says, and I agree with him, that it's kind of absurd that such a technicality should keep McCain from the Presidency. Still, the devil is in the details, and it will be very interesting to see if this gets any traction and how it plays out. Actually, my biggest question is what happens if McCain is elected and then he is determined to be ineligible? Is there another election? Does his VP immediately move up to become the President elect? Or, being disqualified, does the election go to the next top vote getter, which would almost certainly be Mr. Obama? I wonder if there's even a law in place covering this? I suppose it might fall under the same contingency of a President-elect dying before taking the oath. If that's the case, then it probably depends on whether it happens before or after the Electoral college meets. If after, the VP-elect immediately becomes the President-elect, but if before, then the Electoral college must decide who to elect, without being able to vote for the disqualified President. Interesting, if probably moot.

I think that's everything for today. I was asked in the comments on a prior article to comment further on the FISA stuff, and so hopefully tomorrow I'll get the opportunity to do the research thus requested and answer the questions.

Liam.

2 Comments:

Blogger Ross said...

I'm not sure I even agree with the technicality....

The 1795 law on naturalization and citizenship provides that "... the children of citizens of the United States, born out of the limits and jurisdiction of the United States, shall be considered as citizens of the United States...." So even before the specific 1937 PCZ law was passed, McCain was covered and was a citizen from the time of his birth.

Of course IANAL, and the fact that the 1937 PCZ law was even passed would imply that there was some perceived need for it, so I'm probably missing something.

Monday, July 14, 2008 11:51:00 AM

 
Blogger Liam said...

I BELEIVE (and I'm far from an expert on the subject, I don't even have time to read your link right now, which may disprove what I say here) that in order to be considered a "natural born" citizen, you must be born to American parents on American soil.

So by the earlier law, he would have been a citizen by right of birth, but not a natural born citizen.

The thing is, it's a legal gray area, if I understand it correctly. He's clearly not a foreigner who applies for an obtains citizenship (like Arnold Schwarzenegger, who is thus ineligible to be President), but he's not techincally natural born without the 1937 law, and natural born is the test for eligibility for the Presidency.

I believe what the 1937 law did was say that those born in the PCZ did not even have to declare citizenship (as others born out of the states have to do, or their parents do if it happens during a vacation or other short international trip).

But I think the issue (which as I already said I think is too picky to really be worth keeping McCain from winning, but as a theoretical issue) is that a "natural born" citizen is a citizen from the moment of birth. McCain was not a citizen until the law passed (or until his parents registered him as a child of U.S. citizens born abroad, if they did that before the law passed).

So if his parents hadn't gotten to that by 1937, then he (and all children born there since 1904) no longer needed to even declare their citizenship, they just WERE citizens. But only (so this Professor claims) those born AFTER 1937 were covered at the moment of birth and so are legally and techincally "natural born" citizens.

I don't want to take one professor's opinion on it, I'd like to hear some more, but I'm almost inclined to say that if that's a true legal reading of the law then maybe we SHOULD follow it, not because I have anything against McCain, but because we've done too much "playing fast and loose" with the laws of this nation recently, and maybe it'd send the signal that it's time for a return to lawfulness?

I'm not sure. If it starts to get any serious play I'll think about it some more and decide what my position is. For damn sure I want to make sure that if my position is that he shouldn't be allowed to be President, that it's only because of the legal issues involved and NOT simply because he's the candidate I'm NOT supporting.

Liam.

Monday, July 14, 2008 12:37:00 PM

 

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