2008 National Lawyers Convention-Hon.Judge Antonin Scalia, US Supreme Court 11-22-2008:
http://www.fed-soc.org/publications/pubid.1193/pub_detail.asp#video

Amending the US Constitution’s “Natural Born Citizen” clause for Obama and Arnold???:
http://www.theurbangrind.net/?p=3438
http://lawreview.kentlaw.edu/articles/81-1/Herlihy.pdf

First, it is non-binding and constitutes only a “sense of the Senate” which even by its own terms violates the separation of powers which give to the Judicial branch the right to interpret the law and particularly the U.S. Constitution.

Second, the Senate Resolution alludes to the Naturalization Act of 1790 which adopted the term “natural born citizen” in governing citizenship of a child born overseas to two U.S. citizens but it FAILS to mention that the Naturalization Act of 1795 repealed that language and substituted only “citizen”.

http://memory.loc.gov/cgi-bin/ampage?collId=llsl&fileName=001/llsl001.db&recNum=227

Naturalization Law of March 26, 1790 (1 Stat. 103):
“the children of citizens of the United States that may be born beyond Sea, or out of the limits of the United States, shall be considered as natural born Citizens”

http://memory.loc.gov/cgi-bin/ampage?collId=llsl&fileName=001/llsl001.db&recNum=538

Naturalization Act of January 29, 1795 (1 Stat. 414):
“the children of citizens of the United States that may be born beyond Sea, or out of the limits of the United States, shall be considered as Citizens”

Here is a link to more information, from sponsor Sen. Leahy’s website, which relates to S. 511

http://leahy.senate.gov/press/200804/041008c.html

I would note that the Constitutional delegation of authority to the Legislative branch addresses that latter body’s right to write laws relating to citizenship, as follows:

Section 8 – Powers of Congress

The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States;
To borrow money on the credit of the United States;
To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes;
To establish an uniform Rule of Naturalization, and uniform Laws on the subject of Bankruptcies throughout the United States;
To coin Money, regulate the Value thereof, and of foreign Coin, and fix the Standard of Weights and Measures;
To provide for the Punishment of counterfeiting the Securities and current Coin of the United States;
To establish Post Offices and Post Roads; etc.

The uniform Rule of Naturalization might empower decisions about citizenship, allowing Congress to establish citizenship through Statute, but might restrict any attempt to legislate “natural born citizen” status. There must be some kind of legislative history which tracked the 1795 law and addresses why the words “natural born” were stripped out. Could it possibly be that the Congress (many of them the original Framers) felt that the delegation of a power to establish a uniform Rule of Naturalization had been exceeded by the 1790 version when it used “natural born” terminology?

Someone who believed McCain to be disqualified posted this information in a Blog, which quotes the two older laws and then the current U.S. Code governing births outside the U.S. and citizenship rights:

http://12angrymen.wordpress.com/2008/07/23/natural-born-citizens-a-congressional-bed-time-story/

Leo agrees with the conclusion but disagrees with attempts to rely on common law; the Constitution was intended to create “national law” which would set U.S.A. apart from England when it came to the supreme law of the country.

This last link is to a template offered up by a Harvard Law graduate now teaching at Ohio State University’s law school for gaining “standing” to litigate these cases.

http://www.michiganlawreview.org/firstimpressions/vol107/tokaji.htm

So in other words, no one checked him out and he declared himself to be eligible to run for President of The United States of America without any type of background check or without actually going through the vetting process?

What the heck, and now the Democratic party are just going to try and sweep this under the rug for what? Too try and save face? What a shame…….

The least Obama can to do is return the favor…..

S. Res. 511: A resolution recognizing that John Sidney McCain, III, is a natural born citizen

“”States that John Sidney McCain, III, is a “natural born Citizen” under Article II, Section 1, of the Constitution of the United States.”"

-Sponser
Sen. Claire McCaskill [D-MO]

-Cosponsors [as of 2008-11-07]
Sen. Patrick Leahy [D-VT]
Sen. Jim Webb [D-VA]
Sen. Thomas Coburn [R-OK]
Sen. Hillary Clinton [D-NY]
Sen. Barack Obama [D-IL]

http://www.govtrack.us/congress/bill.xpd?bill=sr110-511

http://www.opencongress.org/bill/110-sr511/show

Thomas Library of Congress
http://thomas.loc.gov/cgi-bin/bdquery/z?d110:S.RES.511:

**Added a couple links just in case.