Board index » Cosmos: The Place for Serious Conversations...Sometimes... » Political Intrigue

 


Post new topic Reply to topic
Author Message
 Post subject: The US Presidency and the United States Constitution
PostPosted: Wed Oct 21, 2009 5:50 pm
  

User avatar
I am the Eg man : Coo Coo Ca Choo

Joined: Sun Dec 25, 2005 1:02 am
Posts: 17454
Location: Canada
OK...I hear it all the time about only a natural born citizen of the US can be President...but that's NOT what the US Constitution actually says.

What it says is:

Quote:
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.


http://www.law.cornell.edu/constitution ... cleii.html

Now here's my argument:

it does NOT say:

No person except a natural born citizen, 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

It specifically includes these words:

[b]or a citizen of the United States


And it doesn’t say ‘ and ‘ as in:

No person except a natural born citizen, ‘ and ‘ 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

It specifically says ‘ or ‘

There is no reason to add this:

[b]or a citizen of the United States


after this:

No person except a natural born citizen

unless they are meaning both a natural born ‘ or ‘ a citizen of.

otherwise it would just say:

No person except a natural born citizen, at the time of the adoption of this Constitution, shall be eligible to the office of President;

so they must have included this:

or a citizen of the United States

to imply that you only need to be a citizen and a resident for 14 years to be eligible.

_________________
The Wandering Turtle - The Sports Emporium - 960 AD-Free Games - Free Images - Rainbow Tables - More Games - Online Racing Games - Tech News and Security


          Top  
 
 Post subject: Re: The US Presidency and the United States Constitution
PostPosted: Wed Oct 21, 2009 6:33 pm
  

User avatar
UtterTazNutter

Joined: Thu Mar 02, 2006 10:43 pm
Posts: 2279
Location: Bothell, WA USA
You have to diagram the sentences, and you really can't do that well in a text box. The first clause:

Quote:
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;


Makes the direct statement "No person except a natural born citizen ... shall be eligible to the office of President;"

With the dependent clause: "or a citizen of the United States, at the time of the adoption of this Constitution," modifying the statement to include people who were citizens at the time of the adoption of the Constitution. Since many at the time had birthplaces in Europe, but were still citizens by default at the creation of the Union.

The second clause:

Quote:
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.


adds additional qualifications such as age (35 years) and residency (14 years). These are not replacement qualifications, but additional.

Hope that helps.

_________________
Rapier57: Driver of War Pony.

"You can't measure the results of any path you didn't take." -- Bob Lewis, KJR


          Top  
 
 Post subject: Re: The US Presidency and the United States Constitution
PostPosted: Wed Oct 21, 2009 6:47 pm
  

User avatar
I am the Eg man : Coo Coo Ca Choo

Joined: Sun Dec 25, 2005 1:02 am
Posts: 17454
Location: Canada
But...if I read it the way you just said it then it was written specifically for that period of time...referring to the people who were there at :

Quote:
the time of the adoption of this Constitution


So, if that was the case it would be in the past tense, therefore no longer a viable section of the article.

The way I read it was as if it was a continuing statement referring to the present.

So...am I reading this wrong or does it need to be amended to reflect the present? As it stands, according to what you said, it no longer applies.

_________________
The Wandering Turtle - The Sports Emporium - 960 AD-Free Games - Free Images - Rainbow Tables - More Games - Online Racing Games - Tech News and Security


          Top  
 
 Post subject: Re: The US Presidency and the United States Constitution
PostPosted: Wed Oct 21, 2009 10:58 pm
  

User avatar
UtterTazNutter

Joined: Thu Mar 02, 2006 10:43 pm
Posts: 2279
Location: Bothell, WA USA
No, Eg, the direct statement applies. The dependent clause only modifies for the specific condition (at the time of adoption)--that is why it is a dependent clause. Outside the specific condition, the direct statement applies.

That's why it would help if we had a sentence diagram tool built into the text boxes. ;-)

Actually, the framers of the Constitution did their level best to state things as carefully and clearly as possible. Remember, this document you see is not the first draft, or the only draft. It is the end result of a lot of work, changes, edits and fights over just this kind of detail. It took almost 15 years to get the document into final form, some portions lifted from the original Articles of Confederation. And, then the added the first ten amendments (Bill of Rights).

_________________
Rapier57: Driver of War Pony.

"You can't measure the results of any path you didn't take." -- Bob Lewis, KJR


          Top  
 
 Post subject: Re: The US Presidency and the United States Constitution
PostPosted: Wed Oct 21, 2009 11:51 pm
  

User avatar
I am the Eg man : Coo Coo Ca Choo

Joined: Sun Dec 25, 2005 1:02 am
Posts: 17454
Location: Canada
Quote:
No person except a natural born citizen, or a citizen of the United States


It just seems odd to me and my understanding of grammar ( Canadian :D ) that it would be worded in such a way and not refer to two separate statements...

Quote:
No person except a natural born citizen


Quote:
or a citizen of the United States


A natural born citizen ' is ' a citizen of the United States...so there's no need to even include the:

Quote:
or a citizen of the United States


It should read:

Quote:
No person except a natural born citizen, ( edited out ) 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.


or more precise:

Quote:
No person except a natural born citizen, ( edited out ) ' from ' 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.


there's no need for the:

' or ' a citizen of the United States...unless they were referring to both.

Just doesn't make sense to me for that extra bit to even have been included.

_________________
The Wandering Turtle - The Sports Emporium - 960 AD-Free Games - Free Images - Rainbow Tables - More Games - Online Racing Games - Tech News and Security


          Top  
 
 Post subject: Re: The US Presidency and the United States Constitution
PostPosted: Thu Oct 22, 2009 3:54 am
  

User avatar
I am the Eg man : Coo Coo Ca Choo

Joined: Sun Dec 25, 2005 1:02 am
Posts: 17454
Location: Canada
OK, I think I understand what you're saying ...

Quote:
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.


if it read...

No person except a natural born citizen, or a citizen of the United States ( comma omitted ) 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.

I wasn't reading this sentence as one statement...because of the comma break:

Quote:
or a citizen of the United States at the time of the adoption of this Constitution


My bad :mrgreen:

_________________
The Wandering Turtle - The Sports Emporium - 960 AD-Free Games - Free Images - Rainbow Tables - More Games - Online Racing Games - Tech News and Security


          Top  
 
 
Post new topic Reply to topic



Who is online

Users browsing this forum: No registered users and 1 guest


Display posts from previous:  Sort by  
Jump to:  

You cannot post new topics in this forum
You cannot reply to topics in this forum
You cannot edit your posts in this forum
You cannot delete your posts in this forum


Powered by phpBB © 2000, 2002, 2005, 2007 phpBB Group