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FEC allows foreigner to run for president
Posted by Jack Minor • October 14, 2011 • Printer-friendly
More from Jack Minor
Candidate says natural born citizen requirement “unconstitutional”
by Jack Minor –
An individual who was born in another country, but later became naturalized, has been given permission to run as a presidential candidate by the Federal Elections Commission.
Abdul Karim Hassan filed a request with the FEC asking if, as a naturalized American citizen, he would be prohibited from receiving federal matching funds during his campaign. Hassan was born in Guyana in 1974 and later became a naturalized citizen.
Hassan states that he meets all of the qualifications for president under the Constitution except for being a natural born citizen.
Hassan also asked if he met the definition of a candidate under the Federal Election Campaign Act and if he would be in violation of the law for soliciting campaign contributions.
The FEC responded by saying that, “A naturalized citizen is not prohibited by the Federal Election Campaign Act from becoming a ‘candidate’ as defined under the Act.” The FEC went on to say that he would not be eligible to receive matching funds; however, it would be acceptable for him to accept campaign contributions.
While the FEC said it is perfectly acceptable for Hassan to raise funds and run for the presidency, it refused to make a statement regarding his eligibility to actually hold the office.
Hassan, who is an attorney, has filed a lawsuit seeking to have the natural born requirement declared unconstitutional. His basis for overturning the requirement is the same as a California judge who overturned California’s Prop. 8 which declared marriage to be limited to a man and a woman.
Homosexual Judge Vaughn Walker ruled that the constitutional amendment was unconstitutional because it violated the 14th Amendment to the Constitution. Hassan is using the same tactic, arguing that the 14th and 5th Amendments repeal “any other portion of the constitution which contains discrimination of the type that would violate the Constitution’s equal protection guarantee.”
Hassan goes on to state that, “The natural born provision has no value whatsoever” because “of the hateful, outdated and now rejected premise that foreign born citizens cannot be trusted.”
In advocating for overturning the natural born citizen requirement, Hassan also points to Holder’s call for repealing the Defense of Marriage Act.
“AG Holder explains that the USA only supported the discrimination in the DOMA cases because it was required to do so by binding precedents in certain Circuits, but that Second Circuit law does not require it to support this discrimination. In other words, while it is common sense not to support invidious discrimination, it is finally now the government’s position (as expressed by the AG and the President but not by defense counsel in this case) that it will not support discrimination (especially invidious discrimination) unless it is required by law to do so.”
Hassan continued, “Significantly, a change of position is warranted even more in this case than in the DOMA case because it is undisputed that national origin discrimination is subject to the highest level of judicial scrutiny (strict scrutiny).”
The court did not rule on the merits of the case, but instead dismissed it for lack of standing.
Critics said the FEC’s decision is a direct result of Barack Obama’s obfuscation of his past.
The office of the President is the only position that has such a strict requirement. Article 2, Section 1, clause 5 states “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 hold 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.”
While the 14th Amendment defines “citizen,” it does not provide a definition of “natural born citizen.” There are legal scholars who argue that the framers' definition of natural born was intended to refer to individuals born of two citizen parents.
Obama supporters have said that many of the early presidents did not have parents who were born Americans because their parents were born before the Revolution. Critics have pointed out this is why the founders exempted themselves from the natural born citizen requirement with the phrase, “or a citizen of the United States at the time of the adoption of this Constitution.”
In the 2008 presidential election, the U.S. Senate held a session discussing whether John McCain, who was born in the Panama Canal zone to U.S. citizen parents, was eligible to be president. The Senate concluded that McCain was in fact eligible because both of his parents were U.S. citizens.
Posted by Jack Minor • October 14, 2011 • Printer-friendly
More from Jack Minor
Candidate says natural born citizen requirement “unconstitutional”
by Jack Minor –
An individual who was born in another country, but later became naturalized, has been given permission to run as a presidential candidate by the Federal Elections Commission.
Abdul Karim Hassan filed a request with the FEC asking if, as a naturalized American citizen, he would be prohibited from receiving federal matching funds during his campaign. Hassan was born in Guyana in 1974 and later became a naturalized citizen.
Hassan states that he meets all of the qualifications for president under the Constitution except for being a natural born citizen.
Hassan also asked if he met the definition of a candidate under the Federal Election Campaign Act and if he would be in violation of the law for soliciting campaign contributions.
The FEC responded by saying that, “A naturalized citizen is not prohibited by the Federal Election Campaign Act from becoming a ‘candidate’ as defined under the Act.” The FEC went on to say that he would not be eligible to receive matching funds; however, it would be acceptable for him to accept campaign contributions.
While the FEC said it is perfectly acceptable for Hassan to raise funds and run for the presidency, it refused to make a statement regarding his eligibility to actually hold the office.
Hassan, who is an attorney, has filed a lawsuit seeking to have the natural born requirement declared unconstitutional. His basis for overturning the requirement is the same as a California judge who overturned California’s Prop. 8 which declared marriage to be limited to a man and a woman.
Homosexual Judge Vaughn Walker ruled that the constitutional amendment was unconstitutional because it violated the 14th Amendment to the Constitution. Hassan is using the same tactic, arguing that the 14th and 5th Amendments repeal “any other portion of the constitution which contains discrimination of the type that would violate the Constitution’s equal protection guarantee.”
Hassan goes on to state that, “The natural born provision has no value whatsoever” because “of the hateful, outdated and now rejected premise that foreign born citizens cannot be trusted.”
In advocating for overturning the natural born citizen requirement, Hassan also points to Holder’s call for repealing the Defense of Marriage Act.
“AG Holder explains that the USA only supported the discrimination in the DOMA cases because it was required to do so by binding precedents in certain Circuits, but that Second Circuit law does not require it to support this discrimination. In other words, while it is common sense not to support invidious discrimination, it is finally now the government’s position (as expressed by the AG and the President but not by defense counsel in this case) that it will not support discrimination (especially invidious discrimination) unless it is required by law to do so.”
Hassan continued, “Significantly, a change of position is warranted even more in this case than in the DOMA case because it is undisputed that national origin discrimination is subject to the highest level of judicial scrutiny (strict scrutiny).”
The court did not rule on the merits of the case, but instead dismissed it for lack of standing.
Critics said the FEC’s decision is a direct result of Barack Obama’s obfuscation of his past.
The office of the President is the only position that has such a strict requirement. Article 2, Section 1, clause 5 states “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 hold 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.”
While the 14th Amendment defines “citizen,” it does not provide a definition of “natural born citizen.” There are legal scholars who argue that the framers' definition of natural born was intended to refer to individuals born of two citizen parents.
Obama supporters have said that many of the early presidents did not have parents who were born Americans because their parents were born before the Revolution. Critics have pointed out this is why the founders exempted themselves from the natural born citizen requirement with the phrase, “or a citizen of the United States at the time of the adoption of this Constitution.”
In the 2008 presidential election, the U.S. Senate held a session discussing whether John McCain, who was born in the Panama Canal zone to U.S. citizen parents, was eligible to be president. The Senate concluded that McCain was in fact eligible because both of his parents were U.S. citizens.
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