Holy Smokes!
McCain’s likely nomination as the Republican candidate for president and the happenstance of his birth in the Panama Canal Zone in 1936 are reviving a musty debate that has surfaced periodically since the founders first set quill to parchment and declared that only a “natural-born citizen” can hold the nation’s highest office. — IHT.com
Yes cub scouts… This actually is an issue. In 1790 Congress stated that persons born outside of the United States to U.S. parents are natural born citizens. This was also addressed in the Dred Scott case, But this was struck down in 1868 in the 14th Amendment to the Constitution.
According to the State Department:
Despite widespread popular belief, U.S. military installations abroad and U.S. diplomatic or consular facilities are not part of the United States within the meaning of the 14th Amendment. A child born on the premises of such a facility is not subject to the jurisdiction of the United States and does not acquire U.S. citizenship by reason of birth.
and
It seems fairly clear that the Government has said people born on U.S. military bases overseas are not automatically citizens, which implies they are not natural born citizens. Which means John McCain is not eligible for the Presidency.
Read: McCain’s Canal Zone Birthplace Raises Eligibility Questions
on Alternet, posted by Hubris Sonic, Group News Blog ~ February 28, 2008.
and read: McCain’s birthplace prompts queries about whether that rules him out
by Carl Hulse ~ February 28, 2008 ~ The International Herald Tribune
I have strong doubts that his position as the son of military personnel on an American base would disqualify him.
Some people mistakenly believe this to mean the claim is that he is not a citizen. Most do not realize that there are different ways of attaining citizenship. The way McCain attained citizenship is not the way which is required in order to be eligible to hold the office of President of the U.S.
So, we are down to a few solutions. We either accept that McCain is above the LAW, we change the law or we keep the law as is and disqualify him. I like the fact that only natural born citizens can be president… too bad for McCain…
Panama John – not a natural born Citizen of the U.S.
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I’m starting to feel bad about this for John McCain. He has come so far and to have the very nature of his citizenship to be questioned would be miserable, especially after heroic service. But he is seeking the one occupation that explicitly requires that the officeholder be a “natural born Citizen.” This can only be changed by an amendment that changes the Constitution from saying “natural born Citizen” to something that would include him as eligible, though he is a citizen by jus sanguinis (citizenship by descent).
In presenting this constitutional matter, the purpose is to bring attention to the need for a remedy. This may also mean that the remedy would not be in place in time for Senator John McCain to be elligible to hold the office of President.
U.S. Supreme Court
SCHNEIDER v. RUSK, 377 U.S. 163 (1964)
We start from the premise that the rights of citizenship of the native born and of the naturalized person are of the same dignity and are coextensive. The only difference drawn by the Constitution is that only the “natural born” citizen is eligible to be President. Art. II, 1. [377 U.S. 163, 166]
Consider more details if you doubt the seriousness of this matter:
http://idacres.com/politics/mccain/natural_born_Citizen.html