A repository for Marcospinelli's comments and essays published at other websites.

Birther Bill Is Surprisingly Popular

Monday, May 14, 2012


Actually, the primary issue with McCain was whether being born on a US military base in a foreign country satisfied the 'natural born' requirement in the Constitution.  Secondarily, there was a question about his being born on the base or in what was known as a 'family hospital' in a residential neighborhood off of the base where American personnel lived.  

McCain refused to provide his birth certificate, until the story got wings.  He allowed only one reporter from the Washington Post to see it.  

Lawsuits proceeded and only ended when McCain lost the election, rendering them moot.
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Birther Bill Is Surprisingly Popular


Read and learn.
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Birther Bill Is Surprisingly Popular


Being born in Panama (and with McCain, there was some question to where he actually was born in Panama, i.e., the military base hospital or the 'family hospital' off the base) was a legal issue that only ended because McCain didn't win the election.  It rendered lawsuits moot.
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Birther Bill Is Surprisingly Popular


"Citizenship" isn't/wasn't the issue with McCain; the 'natural born' requirement for the presidency as laid out in the Constitution was at issue.  
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Birther Bill Is Surprisingly Popular


Being a citizen, having parents who are citizens, does not satisfy the "natural-born" requirement as stated in the Constitution.
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Birther Bill Is Surprisingly Popular


No, the FBI does NOT vet presidential candidates.
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Birther Bill Is Surprisingly Popular


Neither do I, nor are any of the cites I provided Fox affiliates.
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Birther Bill Is Surprisingly Popular


For some birthers, I'm sure that racism is what motivates them, but I think the xenophobia that has been stoked by both parties (over nine-eleven and the economy/job losses to foreigners, etc.) is really the culprit.  It's human nature that when fearful, we turn to 'our own'.  It's actually how our brains are wired.  Depending on the threat, 'our own' could be our family of origin, our race, the people of our neighborhood, those with whom worship the same religion, etc.  I think the only way that human beings, all nationalities, will come together is if we're invaded by extraterrestrials.

I say that I have no doubt that we on the left would behave the same way because we have behaved the same way in the past.  Bush and the TANG is one example that comes to mind.  It took a distraction, much like what was done in the Valerie Plame/Joe Wilson situation, to rid the campaign of having to deal with it, i.e., diversion by destroying the messenger (Dan Rather).  

The distinctions between the McCain and the Obama 'birther' controversies that have enabled the McCain controversy to die down and the Obama controversy to persist are, 1) there never was a question of where McCain was born, only if a citizen was born in Panama, would that meet the definition of 'natural born' as stated in the Constitution, and 2) Obama won the election, which made getting the courts' determination moot.

What also gives loft to the controversies is the prevailing attitude by those being doubted that they don't have to prove anything, don't have to present anything for evaluation.  Not birth certificates (McCain refused, too, and ultimately only showed it to one Washington Post reporter), not Bush's TANG records (it turns out that Dan Rather was correct after all).  

We are/were a nation whose distinction was that we don't take things on faith, we don't have to because we operate by the rule of law, and evidence.  Tangible evidence that can be examined and tested.  And withholding, suppressing, destroying evidence in government proceedings is now something that is the default position.  The only information that has no expectation of privacy is that of private citizens.  
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Birther Bill Is Surprisingly Popular


It was, indeed, an issue:

8/11/2008
Robinson vs. Bowham
http://docs.justia.com/cases/federal/district-courts/california/candce/3:2008cv03836/206145/1/


7/11/2008
New Life to a McCain Birth Issue
By Adam Liptak, NYT
In the most detailed examination yet of Senator John McCain’s eligibility to be president, a law professor at the University of Arizona has concluded that neither Mr. McCain’s birth in 1936 in the Panama Canal Zone nor the fact that his parents were American citizens is enough to satisfy the constitutional requirement that the president must be a “natural-born citizen.”
[...]


3/12/2008
McCain "Natural Born" Question Going Before Judge
By Brian Montopoli, CBS News

Why McCain Cannot be President; Eleven Months and a Hundred Yards Short of Citizenship
http://www.michiganlawreview.org/articles/why-senator-john-mccain-cannot-be-president-eleven-months-and-a-hundred-yards-short-of-citizenship


2/29/2008
McCain's citizenship called into question
Candidate, born in Panama Canal Zone, may not qualify as 'natural born'

2/28/2008
McCain’s Canal Zone Birth Prompts Queries About Whether That Rules Him Out
By Carl Hulse, NYT

And a congressional "statement", its interpretation, is not binding on the courts.

When you say that "Democrats in Congress acted like adults", what you actually mean is that Democratic leadership treats the members of its caucus and its constituents like children.  Like when the congressional Black Caucus members tried to object to the election outcome on the floor of the House and no Senator would sign the objections.
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