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Gyges
Aug 4, 2004

NOW NO ONE
RECOGNIZE HULK

icantfindaname posted:

So have the Republicans come up with a candidate that isn't either Mitt Romney or a theocratic fascist yet?

Jeb, Trump, Paul and Perry(depending on how you want to classify folksy stupid).

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Nintendo Kid
Aug 4, 2011

by Smythe

Idran posted:

This might be a stupid question, since it was someone trying to devil's-advocate a stupid argument that I didn't have the legal knowhow to argue against, but I once ran into someone claiming that if he had been born in Kenya, then because his mother had only moved to the US in 1960, according to federal law that wouldn't actually be true. Is there anything to that, or were they just being obstinant for the sake of being obstinant? I feel a little silly even asking this, since I feel like this might just be feeding into the whole birther thing (and it was ridiculous rules lawyering anyway, since he outright agreed that yes he was born in Honolulu anyway), but I'd like to have an actual counterargument the next time we talk.

There's no indication that's actually true. I'm not sure there's ever been anyone who had citizenship invalidated for being born outside the country to a person who was a citizen but hadn't spent the stated number of years before a certain age within the US.

Joementum
May 23, 2004

jesus christ
edit: nm, I mis-read.

Idran
Jan 13, 2005
Grimey Drawer

Nintendo Kid posted:

There's no indication that's actually true. I'm not sure there's ever been anyone who had citizenship invalidated for being born outside the country to a person who was a citizen but hadn't spent the stated number of years before a certain age within the US.

So it's a thing where the restriction is probably invalid, but it's never actually been applied in that regard so there's never been opportunity to challenge it?

Party Plane Jones
Jul 1, 2007

by Reene
Fun Shoe

Joementum posted:

Now George Romney, on the other hand, he was definitely not born in the US.

Didn't Romney's family originally move to Mexico to avoid persecution for polygamy?

TARDISman
Oct 28, 2011



Gyges posted:

Jeb, Trump, Paul and Perry(depending on how you want to classify folksy stupid).

I hope Trump runs, it's like every day is Christmas morning when he's on the trail.

Eschers Basement
Sep 13, 2007

by exmarx

Gyges posted:

Bob Dole is the rare exception where there was very little Bob Dole could do to hurt Bob Dole's brand. Even still, I'm pretty sure that all Bob Dole did was succeed in best case scenario for the rebuttal and everyone forgot everything Bob Dole said or that Bob Dole even gave the rebuttal. Bob Dole seemed like a good guy, but even though I was a Rush Limbaugh consuming idiotic young Republican at the time I knew that Bob Dole wasn't actually going to become the president.

Remember that Bob Dole worked with Ted Kennedy to put together the original Food Stamps bill, and considered it one of his greatest triumphs as a legislator. Last year, the Republican Congress destroyed the program at the behest of the Heritage Foundation.

Two years ago, Bob Dole appeared before the Senate to gather support for a U.N. treaty that protected the rights of the disabled in other countries. Republicans voted down the treaty, muttering about "American sovereignty" and "Agenda 21".

Bob Dole is no longer Republican enough for Republicans. loving Christ.

Communist Zombie
Nov 1, 2011

Eschers Basement posted:

Remember that Bob Dole worked with Ted Kennedy to put together the original Food Stamps bill, and considered it one of his greatest triumphs as a legislator. Last year, the Republican Congress destroyed the program at the behest of the Heritage Foundation.

Two years ago, Bob Dole appeared before the Senate to gather support for a U.N. treaty that protected the rights of the disabled in other countries. Republicans voted down the treaty, muttering about "American sovereignty" and "Agenda 21".

Bob Dole is no longer Republican enough for Republicans. loving Christ.

You forgot to add that he was in a wheelchair when he went to there for the UN disabled rights treaty.

Edit:

Nintendo Kid posted:

There's no indication that's actually true. I'm not sure there's ever been anyone who had citizenship invalidated for being born outside the country to a person who was a citizen but hadn't spent the stated number of years before a certain age within the US.

Not to mention that unless Obama has Kenyan citizenship (Or anywhere else really) then they cant strip him of his citizenship since SCOTUS has found that making someone stateless by removing their citizenship is a severe attack and restriction of their rights.

Communist Zombie fucked around with this message at 03:54 on Oct 20, 2014

Captain_Maclaine
Sep 30, 2001

Every moment that I'm alive, I pray for death!

Gyges posted:

Bob Dole is the rare exception where there was very little Bob Dole could do to hurt Bob Dole's brand. Even still, I'm pretty sure that all Bob Dole did was succeed in best case scenario for the rebuttal and everyone forgot everything Bob Dole said or that Bob Dole even gave the rebuttal. Bob Dole seemed like a good guy, but even though I was a Rush Limbaugh consuming idiotic young Republican at the time I knew that Bob Dole wasn't actually going to become the president.

Be honest: you just wanted to see how many times you could say "Bob Dole" in a single post in an increasingly-dated play on his own habit during that election of referring to himself in the third person.

FMguru
Sep 10, 2003

peed on;
sexually

Captain_Maclaine posted:

Be honest: you just wanted to see how many times you could say "Bob Dole" in a single post in an increasingly-dated play on his own habit during that election of referring to himself in the third person.
Bob Dole.

Sir Tonk
Apr 18, 2006
Young Orc

Eschers Basement posted:

Bob Dole is no longer Republican enough for Republicans. loving Christ.

Half of them, probably more, never knew Dole. It's not surprising that they'd ignore him on an issue that they were already going to vote against anyway. Also, they're horrible people.

FlamingLiberal
Jan 18, 2009

Would you like to play a game?



Joementum posted:

McCain's case is more of a gray area because he was born in the Canal Zone, which was an American territory and people born in the territories are US citizens. That's how, for example, Governor Luis Fortuno of Puerto Rico occasionally gets mentioned as a potential candidate or (more likely) VP pick.

Now George Romney, on the other hand, he was definitely not born in the US.
True, but George Romney did run for President and his parents were born here.

Gyges
Aug 4, 2004

NOW NO ONE
RECOGNIZE HULK

Captain_Maclaine posted:

Be honest: you just wanted to see how many times you could say "Bob Dole" in a single post in an increasingly-dated play on his own habit during that election of referring to himself in the third person.

I find it impossible to use pronouns in reference to Bob Dole. I also have an urge to pronounce Clinton as Clin Ton. TV rots your brains, kids.

Stunning Honky
Sep 7, 2004

" . . . "

ThirdPartyView posted:

Having a Matt Foley personal story would rule. :colbert:

I'd prefer Mark Foley

Air Skwirl
May 13, 2007

Neither snow nor rain nor heat nor gloom of night stays these couriers from the swift completion of their appointed shitposting.

Party Plane Jones posted:

Didn't Romney's family originally move to Mexico to avoid persecution for polygamy?

Yup.

Air Skwirl
May 13, 2007

Neither snow nor rain nor heat nor gloom of night stays these couriers from the swift completion of their appointed shitposting.

Idran posted:

This might be a stupid question, since it was someone trying to devil's-advocate a stupid argument that I didn't have the legal knowhow to argue against, but I once ran into someone claiming that if he had been born in Kenya, then because his mother had only moved to the US in 1960, according to federal law that wouldn't actually be true. Is there anything to that, or were they just being obstinant for the sake of being obstinant? I feel a little silly even asking this, since I feel like this might just be feeding into the whole birther thing (and it was ridiculous rules lawyering anyway, since he outright agreed that yes he was born in Honolulu anyway), but I'd like to have an actual counterargument the next time we talk.

According to the US constitution you're a citizen at birth if either a) you're born in the US or b) at least one biological parent is a citizen. I (and I'm assuming many other people) misunderstood the "natural born" part of the presidential requirements that to exclude people born outside the country, but still citizens at birth. But if George Romney and Ted Cruz qualify there's no set of hypotheticals I've ever seen that would exclude Obama.

Idran
Jan 13, 2005
Grimey Drawer

Skwirl posted:

According to the US constitution you're a citizen at birth if either a) you're born in the US or b) at least one biological parent is a citizen.

That's what I said, but then this person brought up that law that says otherwise. That law's definitely unconstitutional, then, but just hasn't ever had the chance to be challenged, like someone mentioned earlier? Okay, I can bring that up next time I talk to the guy. Thanks.

Trabisnikof
Dec 24, 2005

Idran posted:

That's what I said, but then this person brought up that law that says otherwise. That law's definitely unconstitutional, then, but just hasn't ever had the chance to be challenged, like someone mentioned earlier? Okay, I can bring that up next time I talk to the guy. Thanks.

No the issue is that the laws can define whatever they want and it doesn't change the constitution. The laws aren't unconstitutional they just are talking about separate contexts, just because you're a citizen under the law doesn't mean you can be president. The issue of who exactly can be president has never been determined in court.

http://www.state.gov/documents/organization/86757.pdf

quote:

b. Section 1, Article II, of the Constitution states, in relevant part that “No Person except a natural born Citizen...shall be eligible for the Office of President.”

c. The Constitution does not define "natural born". The “Act to establish an Uniform Rule of Naturalization”, enacted March 26, 1790, (1 Stat. 103,104) provided that, “...the children of citizens of the United States, that may be born ... out of the limits of the United States, shall be considered as natural born citizens: Provided that the right of citizenship shall not descend to persons whose fathers have never been resident in the United States.”

d. This statute is no longer operative, however, and its formula is not included in modern nationality statutes. In any event, the fact that someone is a natural born citizen pursuant to a statute does not necessarily imply that he or she is such a citizen for Constitutional purposes.

Air Skwirl
May 13, 2007

Neither snow nor rain nor heat nor gloom of night stays these couriers from the swift completion of their appointed shitposting.

Idran posted:

That's what I said, but then this person brought up that law that says otherwise. That law's definitely unconstitutional, then, but just hasn't ever had the chance to be challenged, like someone mentioned earlier? Okay, I can bring that up next time I talk to the guy. Thanks.

If a law and the constitution contradict each other, the constitution takes precedence. Hell, there have been a ton of challenges to Obama's citizenship and they've all been thrown out, they weren't even told they were wrong, they were told the whole thing is nonsense. It'd be one thing if a challenge to his citizenship was brought to court and the case was found lacking, but they haven't even got that far.

Air Skwirl fucked around with this message at 06:43 on Oct 20, 2014

Idran
Jan 13, 2005
Grimey Drawer

Skwirl posted:

If a law and the constitution contradict each other, the constitution takes precedence. Hell, there have been a ton of challenges to Obama's citizenship and they've all been thrown out, they weren't even told they were wrong, they were told the whole thing is nonsense. It'd be one thing if a challenge to his citizenship was brought to court and the case was found lacking, but they haven't even got that far.

I understand that, yeah, but he wasn't even making a birther argument, was the annoying thing. He was saying that yes, Obama was born in the US and was qualified to be president, but if he hadn't been then according to section G of that law, he wouldn't be a citizen by birth because his mother had only lived in the US for a year after her 14th birthday at the time of Obama's birth and his father wasn't a citizen.

This is probably getting to be a derail, though; I should probably just drop it and ignore the guy, since it's a pointless hypothetical anyway.

Idran fucked around with this message at 07:31 on Oct 20, 2014

Kalman
Jan 17, 2010

Skwirl posted:

According to the US constitution you're a citizen at birth if either a) you're born in the US or b) at least one biological parent is a citizen. I (and I'm assuming many other people) misunderstood the "natural born" part of the presidential requirements that to exclude people born outside the country, but still citizens at birth. But if George Romney and Ted Cruz qualify there's no set of hypotheticals I've ever seen that would exclude Obama.

No. Part b is not actually part of the US constitution. Part a is in the 14th amendment, but part B is purely statutory; the U.S. Could deny citizenship to children of citizens not born in the US without having a constitutional concern.

Air Skwirl
May 13, 2007

Neither snow nor rain nor heat nor gloom of night stays these couriers from the swift completion of their appointed shitposting.

Idran posted:

I understand that, yeah, but he wasn't even making a birther argument, was the annoying thing. He was saying that yes, Obama was born in the US and was qualified to be president, but if he hadn't been then according to section G of that law, he wouldn't be a citizen by birth because his mother had only lived in the US for a year after her 14th birthday at the time of Obama's birth and his father wasn't a citizen.

This is probably getting to be a derail, though; I should probably just drop it and ignore the guy, since it's a pointless hypothetical anyway.


His mother was born here, I thought. It's incredibly hard to lose US citizenship, people have tried and failed. Ted Cruz's father wasn't a US citizen when he was born either.

My Imaginary GF
Jul 17, 2005

by R. Guyovich

Skwirl posted:

His mother was born here, I thought. It's incredibly hard to lose US citizenship, people have tried and failed. Ted Cruz's father wasn't a US citizen when he was born either.

Purely hypothetical question, what if you believe in the validity of anti-miscegenation laws? Would that, constitutionally, make Obama's citizenship or eligibility for presisency invalid, as he would then be an illegal baby?

I completely agree Obama has the right to be President; I'm wondering if the anti-race mixing logic is at root for birthers.

Air Skwirl
May 13, 2007

Neither snow nor rain nor heat nor gloom of night stays these couriers from the swift completion of their appointed shitposting.

My Imaginary GF posted:

Purely hypothetical question, what if you believe in the validity of anti-miscegenation laws? Would that, constitutionally, make Obama's citizenship or eligibility for presisency invalid, as he would then be an illegal baby?

I completely agree Obama has the right to be President; I'm wondering if the anti-race mixing logic is at root for birthers.

Anti-miscegenation laws were ruled unconstitutional, and though that ruling was after his birth, I think poo poo like that is retroactive, like if you're convicted of breaking a law, then later that law is ruled unconstitutional you get released immediately and often get to sue the government. So at this point you're asking is "what if the constitution was different than what the constitution has been interpreted up until now." You're basically asking "is segregation legal if you don't agree with 'Brown vs. Board of Education.'"

Also, I think Anti-miscegenation laws were about marrying not child birth, and if they'd been pressed in the Obama families case (for instance if he'd been born in the South instead of Hawaii) the only difference would be his Dad would have been arrested on rape charges, and probably lynched before reaching trial. Wouldn't change the fact his mother was a US citizen and thus he's a natural born US Citizen.

Kalman
Jan 17, 2010

My Imaginary GF posted:

Purely hypothetical question, what if you believe in the validity of anti-miscegenation laws? Would that, constitutionally, make Obama's citizenship or eligibility for presisency invalid, as he would then be an illegal baby?

I completely agree Obama has the right to be President; I'm wondering if the anti-race mixing logic is at root for birthers.

Anti-miscegenation laws made it a crime to intermarry; however, since Hawaii never passed such a law and since Dunham resided in Hawaii at his birth, they're irrelevant.

Kalman
Jan 17, 2010

Skwirl posted:

Wouldn't change the fact his mother was a US citizen and thus he's a natural born US Citizen.

Again, this is insufficient - the Constitution does NOT provide for jus sanguinus citizenship, that's statutory and requires slightly more than you're putting forth. It's also irrelevant because he was born in the US and thus is a citizen under jus soli principles (and the 14th amendment citizenship clause.)

Strictly speaking, it would be constitutional to deem all children of US nationals born abroad not to be citizens at birth.

Air Skwirl
May 13, 2007

Neither snow nor rain nor heat nor gloom of night stays these couriers from the swift completion of their appointed shitposting.
Doing a little extra research, I thought one thing, was told different, thought another and was told different again, went back and looked at the actual constitution and realized I was more right the first time but probably still don't have a good handle on it and don't care enough to look up all the federal statutes.

It is entirely academic at this point and anti-miscegenation laws wouldn't have any influence on it anyways. I do think any interpretation of the law where Ted Cruz or George Romney were eligible for President wouldn't exclude Obama in even the most hysteric Birther hypothetical.

Trabisnikof
Dec 24, 2005

Skwirl posted:

I do think any interpretation of the law where Ted Cruz or George Romney were eligible for President wouldn't exclude Obama in even the most hysteric Birther hypothetical.

What about "founder's intent" as an interpretation? That would surely render Obama ineligible but allow Cruz and Romney.

Sulphagnist
Oct 10, 2006

WARNING! INTRUDERS DETECTED

Trabisnikof posted:

What about "founder's intent" as an interpretation? That would surely render Obama ineligible but allow Cruz and Romney.

If we go by founders' intent, who takes up the other 2/5ths of Obama's presidency? Diamond Joe?

Air Skwirl
May 13, 2007

Neither snow nor rain nor heat nor gloom of night stays these couriers from the swift completion of their appointed shitposting.

Trabisnikof posted:

What about "founder's intent" as an interpretation? That would surely render Obama ineligible but allow Cruz and Romney.

Cruz is as Mexican as Obama is Black, and Romney's a Mormon, I don't think the founding fathers were huge fans of them either (I know Mormonism post dates the founding of the country, but I still think the founders would have a huge problem with the concept.)

Captain_Maclaine
Sep 30, 2001

Every moment that I'm alive, I pray for death!

Gyges posted:

I find it impossible to use pronouns in reference to Bob Dole. I also have an urge to pronounce Clinton as Clin Ton. TV rots your brains, kids.

PupsOfWar
Dec 6, 2013

Wars waged aagainst The United States of America:

Mormons 1

Kenyans 0

This doesn't matter but is amusing to me.

hobbesmaster
Jan 28, 2008

Trabisnikof posted:

What about "founder's intent" as an interpretation? That would surely render Obama ineligible but allow Cruz and Romney.

Founder's intent with that was just as likely "Hamilton can't be president"

duz
Jul 11, 2005

Come on Ilhan, lets go bag us a shitpost


Skwirl posted:

Cruz is as Mexican as Obama is Black, and Romney's a Mormon, I don't think the founding fathers were huge fans of them either (I know Mormonism post dates the founding of the country, but I still think the founders would have a huge problem with the concept.)

Maybe you should go double check where Ted's father was from...

Gyges
Aug 4, 2004

NOW NO ONE
RECOGNIZE HULK

hobbesmaster posted:

Founder's intent with that was just as likely "Hamilton can't be president"

Arron Burr was just following the will of the founders.

Tender Bender
Sep 17, 2004

hobbesmaster posted:

Founder's intent with that was just as likely "Hamilton can't be president"

Another reminder that the founding fathers were flawed, politically ambitious people who knew less about the world than the average highschooler does today, and missed out on over two centuries of social and scientific development. Respecting them for what they did is one thing, looking to their long-dead opinions for guidance is insane.

Pinterest Mom
Jun 9, 2009

I guess Kasich's not running

quote:

Ohio Gov. John Kasich doesn't think the Affordable Care Act will be repealed, even if Republicans win a Senate majority and consolidate their hold on the House in next month's election. "That's not gonna happen," Kasich told The Associated Press during a recent re-election campaign swing.

"The opposition to it was really either political or ideological," the Republican governor added. "I don't think that holds water against real flesh and blood, and real improvements in people's lives." In a state that's pivotal for national politics, Kasich casts Medicaid expansion as a moral choice to help the poor.

Rocks
Dec 30, 2011

Who do the democrats want running on the GOP side? I'd imagine the best (aka worst) runner would be Rand or Cruz, but Romneys gotta be high up on the list too.

PupsOfWar
Dec 6, 2013

Rocks posted:

Who do the democrats want running on the GOP side? I'd imagine the best (aka worst) runner would be Rand or Cruz, but Romneys gotta be high up on the list too.

Best case: any of the currently-rumored names besides maybe Jeb. Cruz and Rand being too crazy to win the General election, Perry being too stupid and possibly prison-bound, Cristie being too scandal-plagued, etc. It is a terrible field.

Worst case: any bland, safe-choice candidate that would allow the GoP to run their campaign purely as a referendum on the outbound president, taking advantage of the electorate's dissatisfaction. You see Mike Pence come up in this discussion.

The Dems might still think of Huntsman as a very challeninging opponent (as Obama's camp said last time around), but Huntsman has a roughly .00001% chance of winning a Republican primary and iirc has already said he won't run again.

PupsOfWar fucked around with this message at 22:55 on Oct 20, 2014

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Pinterest Mom
Jun 9, 2009

Rocks posted:

Who do the democrats want running on the GOP side? [...] Romneys gotta be high up on the list too.

I'm sure 1966 Democrats were thrilled at the prospect of a 1968 Nixon candidacy, too.

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