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McCain's Canal Zone Birthplace Raises Eligibility Questions

Posted by Hubris Sonic, Group News Blog at 4:56 AM on February 28, 2008.


This is hilarious, their nominee isn't even eligible... What a joke...
mccainscowlingsmaller
McCain

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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.

This raises a shitload of issues for the Government. If they concede that McCain is a natural born U.S. Citizen, they will have to recognize ALL the kids that were born on U.S. military installations. McCain's parents had to file a lot of paperwork to confirm his citizenship as do many military and overseas families.

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.

The Twelfth Amendment explicitly precluded from being Vice President those ineligible to be President: people under thirty-five years of age, those who have not inhabited the United States for at least fourteen years, and those who are not natural-born citizens.

This is hilarious, their nominee isn't even eligible... What a joke...

AlterNet is a nonprofit organization and does not make political endorsements. The opinions expressed by its writers are their own.

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Tagged as: mccain

Hubris Sonic runs the Foreign Affairs Desk and is a co-creator of Group News Blog. A former Special Forces NCO, he owns several software companies and lives in Tokyo.


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Come on now
Posted by: Misha2 on Feb 28, 2008 6:16 AM   
Current rating: 2    [1 = poor; 5 = excellent]
this is so not an issue. My sister was born in Panama and was an automatic citizen as my Dad was stationed there in the Navy. This would mean that all the people in the US born in US military bases all over the world are not citizens..no way.

[« Reply to this comment] [Post a new comment »] [Rate this comment: 1 - 2 - 3 - 4 - 5]

» RE: Come on ..sickofsleaze Posted by: wilmafromkansas
» RE: Come on ..sickofsleaze Posted by: Shutterbug
» RE: Come on ..sickofsleaze Posted by: zenbruder
» (pick I or II) Posted by: stoicnag
» RE: Come on ..sickofsleaze Posted by: EncinoM
» RE: Come on ..sickofsleaze Posted by: AMERICAN VETERAN
» RE: Come on now Posted by: kimbari
» RE: Come on now Posted by: melloe
» RE: Come on now Posted by: cbincovington
Natural Born
Posted by: JSquercia on Feb 28, 2008 6:16 AM   
Current rating: 4    [1 = poor; 5 = excellent]
Does that mean that those who are delivered by Ceaserian are not "natural born" ?

[« Reply to this comment] [Post a new comment »] [Rate this comment: 1 - 2 - 3 - 4 - 5]

» RE: Natural Born? Posted by: nochicagoboys
» RE: Natural Born Posted by: davewuxi
Someone tell Huckabee
Posted by: Artkansas on Feb 28, 2008 6:20 AM   
Current rating: 5    [1 = poor; 5 = excellent]
I'm sure he would be interested.

[« Reply to this comment] [Post a new comment »] [Rate this comment: 1 - 2 - 3 - 4 - 5]

pfft! canal zone
Posted by: KaptainSpiffy on Feb 28, 2008 6:32 AM   
Current rating: 2    [1 = poor; 5 = excellent]
i don't think they mean the one i'm picturing . . .

[« Reply to this comment] [Post a new comment »] [Rate this comment: 1 - 2 - 3 - 4 - 5]

» RE: pfft! canal zone Posted by: AMERICAN VETERAN
» RE: pfft! canal zone Posted by: nochicagoboys
Location only matters in Real Estate
Posted by: madmatt on Feb 28, 2008 6:38 AM   
Current rating: 2    [1 = poor; 5 = excellent]
If either of his parents were an american citizen, he is an american citizen...how dumb are you people?

[« Reply to this comment] [Post a new comment »] [Rate this comment: 1 - 2 - 3 - 4 - 5]

» According to the State Department: Posted by: TruthBeTold
HE'S CAN RUN FOR THE PRESIDENCY
Posted by: VZEQICVA on Feb 28, 2008 6:58 AM   
Current rating: 2    [1 = poor; 5 = excellent]
And if the Dems don't stop fighting over insignificant "facts" (?), he'll win. There's enough real stuff about McCain without resorting to meaningless junk. And Obama has to grow up. The little boy act is getting old. McCain is no pushover. And he doesn't have to be right to get elected. Talk about experience. Obama can talk down to alot of people but it won't work with McCain. ANNA

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» RE: HE'S CAN RUN FOR THE PRESIDENCY Posted by: pollyanna999
Do some research before posting something like this!
Posted by: handygeek on Feb 28, 2008 7:06 AM   
Current rating: 3    [1 = poor; 5 = excellent]
It took me all of 40 seconds to google this for myself and find a Washington Post article from 1998 which puts this issue to rest. Please research stuff before blindly posting it.

http://tinyurl.com/34pvvd

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» Washington Post Posted by: TruthBeTold
Poor legal thinking
Posted by: EncinoM on Feb 28, 2008 7:40 AM   
Current rating: 3    [1 = poor; 5 = excellent]
"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."

Neither the act of congress or Dred Scott were struck down by the 14th Amendment on this point. The interesting case is whether the State Department's ruling stands. It should fall to the Supreme court ruling and the act of congress.

Side note on history, Dred Scott was never overturned, it became in large part moot. The consitutional interpetation was no longer valid when the constitution was amended. That does not mean that the section defining what "natuarl born" means is bad law.

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There you go again...
Posted by: gregii on Feb 28, 2008 8:23 AM   
Current rating: 3    [1 = poor; 5 = excellent]
Shallow hack writers with nothing to say exploit such non-issues as this in their efforts to pander to a targeted audience. We understand this is why we have seen so much of this from the Right for something more than a generation. Why are we now getting it from you? Are you guys just pandering to us? Are you too shallow to get it? The lack of intellectual honesty is a huge issue for me in my conflict with - and disgust for, those who call themselves “Conservatives.”

Again Alternet’s editorial judgment draws my attention: why do you marginalize your corner of the Internet instead of providing me with intellectually honest, thoughtful, in-depth progressive support? This is exactly the kind of issue and approach a right wing spin-master would exploit to agitate support from a reactionary, emotionally stunted electorate. It has no value in my world what so ever. It lends credence to those who claim there are no real differences in conduct on the major sides of the real issues.

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» YYYYYEEEEEESSSSSSSSSSS!! Posted by: Scientz
» Not an article Posted by: Joshua Holland
» Adding ... Posted by: Joshua Holland
» RE: Adding ... Posted by: EncinoM
» RE: Adding ... Posted by: Joshua Holland
» RE: There you go again... Posted by: serval_la
Franny
Posted by: Franny on Feb 28, 2008 8:37 AM   
Current rating: 2    [1 = poor; 5 = excellent]
There are lots of reasons to question McCain's fitness for the presidency. But this is not one of them. This is a really dumb argument. McCain's father was an officer in the United States military serving, on orders, outside the country. As such, his son is considered a natural born citizen. Do your research.

[« Reply to this comment] [Post a new comment »] [Rate this comment: 1 - 2 - 3 - 4 - 5]

I did check
Posted by: Misha2 on Feb 28, 2008 9:42 AM   
Current rating: 1    [1 = poor; 5 = excellent]
and even looked at her birth certificate. It states that if one of the parents is a US Citizen then she is also. And since she was born in a military hospital on a military base then she is a automatic American citizen. Even Social Security has checked this out. People need to stop making issues out of non issues.

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» RE: I did check Posted by: melloe
PS
Posted by: Misha2 on Feb 28, 2008 9:44 AM   
Current rating: 3    [1 = poor; 5 = excellent]
When she went to get a copy of her birth certificate even the State Department said she was a US citizen from birth.

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Sense of humor, Alternet readers?
Posted by: serval_la on Feb 28, 2008 10:27 AM   
Current rating: 1    [1 = poor; 5 = excellent]
The author wrote, "This is hilarious, their nominee isn't even eligible... What a joke..."

Of course it's not an issue--it's a JOKE, you saps!

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MORE TO THE POINT . . .
Posted by: fg on Feb 28, 2008 11:14 AM   
Current rating: Not yet rated    [1 = poor; 5 = excellent]
Is someone who is stupid and senile eligible to be president? De jure yes, de facto no.

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A Constitutional Issue
Posted by: electriclady281 on Feb 28, 2008 1:35 PM   
Current rating: 5    [1 = poor; 5 = excellent]
Americans who were born and raised in the Panama Canal Zone, were taught in US Government schools from an early age that although we could do almost anything in life, we could not be president of the United States because we were not natural born citizens. To prove our US citizenship, we were required to obtain a certificate of citizenship, but it still didn't make us "natural born citizens" because we were not born in the USA. How then, is Article 2, section 1, clause 5, of the US Constitution interpreted in relation to John McCain's eligibility as a candidate for the presidency?

This is not about his fitness or his citizenship. It is the matter of a constitutional requirement. Our constitution has suffered many blows under the present government to the detriment of all Americans. Will this be yet another?

I believe that McCain and the republican party leaders had to be aware of this matter, but arrogantyly chose to dismiss it in their apparent belief that the rules don't apply to them. They claim to be the great defenders of our constitution. Let's see their defense.

For the "legal scholars" on this issue, check your facts, There is no automatic citizenship for those born abroad. And nothing makes one born abroad a "natural born" citizen.

Thank you, Alternet!

[« Reply to this comment] [Post a new comment »] [Rate this comment: 1 - 2 - 3 - 4 - 5]

» RE: A Constitutional Issue Posted by: EncinoM
» RE: A Constitutional Issue Posted by: irishchieftan
wow
Posted by: irishchieftan on Feb 28, 2008 6:31 PM   
Current rating: Not yet rated    [1 = poor; 5 = excellent]
any foreign military base or embassy is considered U.S. territory any child born or an american citizen is also considered a U.S, citizen if you want to find fault with John McCain find it somewhere else and get your facts straight.

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Our Odd Birthing Policy
Posted by: Maxwell House on Feb 28, 2008 9:51 PM   
Current rating: Not yet rated    [1 = poor; 5 = excellent]
I'm more concerned with babies that happen to be born in the US when neither of the parents are US citizens, like in the Alternet(I think)article about the Japanese company that flies pregnant women over here just to give birth, so their babies will automatically become US citizens. I believe that no matter where a baby is born, it should be considered the same nationality as the parents, or it just causes trouble. So if McBush's parents were serving in the military or on vacation and McMom happens to give birth, the baby is still a US citizen, same as his parents. So it may be a non-issue so far as McBush goes; I'm sure there's many, many other reasons why he'd suck as president. Many.

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