Is McCain eligible to be President?
This may have already been addressed, I don't know, but John McCain is apparently not eligible to be elected President of the United States under the clear provisions of the Constitution. McCain is not a natural born citizen inasmuch as he was born in the U.S. Navy Hospital in the Panama Canal Zone, which was never part of the United States .
The Constitution 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 for the Office of President.” The 14th Amendment did not alter this provision.
"The status of the U. S. Navy Hospital in the Panama Canal Zone is described by the U. S. Department of State in its Foreign Affairs Manual (7FAM1116.1-4(c)):
“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 issue should be addressed as soon as possible." <>
There is the argument that “children born of active military while on duty assignment outside the U.S. are born U.S. citizens the same as if they were born in Florida , Indiana or Alaska .” Does this argument have merit? I went to the Foreign Affairs Manual (click here) and I don't believe it does, but perhaps a good constitutional attorney or professor of law can clarify this legal issue.
I thought we just did this...
OK, so we don't vote for McCain...
Next!
Yes he's eligible but
he is a traitor and a Douche, so people shouldn't vote for him. He doesn't stand a chance against Billary, or Obama. Only RP could take them on.
This stuff needs to end
He was born while his father was serving in the US Armed Services. He could have been born in timbuktu- doesn't matter.
Any child born to any service member while on active duty automatically is a US citizen. Please get over this.
Pokerface
Rocks!
recap of reply at bottom
What was the law prior to 1941?
d. Prior to January 13, 1941, there was no statutory definition of “the United States” for citizenship purposes. Thus there were varying interpretations. Guidance should be sought from the Department (CA/OCS) when such issues arise.
Dennis from Poker Face ---- protest rock - truth music
www.pokerface.com
forget Lew Rockwell....and read this!!
From the US State Department website at http://www.state.gov/documents/organization/86755.pdf
7 FAM 1116.1-4 Not Included in the Meaning of "In the United States"
(TL:CON-64; 11-30-95)
a. A U.S.-registered or documented ship on the high seas or in the exclusive economic zone is not considered to be part of the United States. A child born on such a vessel does not acquire U.S. citizenship by reason of the place of birth (Lam Mow v. Nagle, 24 F.2d 316 (9th Cir., 1928)).
b. A U.S.-registered aircraft outside U.S. airspace is not considered to be part of U.S. territory. A child born on such an aircraft outside U.S. airspace does not acquire U.S. citizenship by reason of the place of birth.
c. 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.
fs
Yes, but to US CITIZEN PARENTS
Part (c) is talking about non-citizens who have babies on a US base. For example, if a German citizen were to have a baby at the US hospital in the US base in Germany.
It doesn't say anything about children born to TWO US CITIZENS, one of whom was honorably serving.
He shouldn't be
He's a traitor. Maybe you've seen this....
http://www.vietnamveteransagainstjohnmccain.com/
http://www.myspace.com/occasionalstringband
Excellent
website!
Obama = O.ne B.ig A.ss M.istake A.merica
Marbles
But does he have the required number of marbles? I think you must have all your marbles to be president.
Do You Think
he would be running if he wasn't...holy crap !
Not if economic awareness
Not if economic awareness (or even economic consciousness) were a prerequisite!
14th amendment and citizenship
I would have to say that he does not meet the constitutional requirements to hold the office of president.
Yes, McCain is eligible
Why does this come up every day?
He is a NATURAL BORN CITIZEN. He was born to two US Citizen parents on a US military base. The moment his head poked out of his momma he was a citizen.
The only people who can't be President are people who were "naturalized" -- people who applied for citizenship later in life.
Why must people keep repeating this nonsense?
Because ID10T's like LewRockwell.com keep on citing it.
People keep repeating this nonsense because ID10T bloggers like Lew Rockwell (of racist newsletter fame) keep on citing it on their blogs.
So it's like one of those bad "snopes" things that just keeps getting emailed around and around. And people believe what they WANT to believe and can;t be bothered to actually look up what makes a person a Natural Born US Citizen (and you are entirely correct, by being born to US Citizens McCain -- however unfortunately -- IS a US citizen).
They don't keep citing it
There was one post by Lew and 2 replies. I would say the issue was brought up and it was dealt with.
You are the idiot for throwing Lew under the bus with the "racist newsletter fame" comment. Why don't you present some evidence. Geez.
Here is what was said on Lewrockwell.com:
McUnconstitutional
Posted by Lew Rockwell at February 5, 2008 12:11 PM
The Constitution has little relevance to the government, but still it's interesting to note that the crazed John McCain was born, to his state-connected parents, in the Panama Canal Zone. The Zone, the product of US imperialism under the crazed Teddy Roosevelt, was never officially US territory. That is, McCain was born in a foreign country, and therefore not eligible to be president, according to the Constitution.
Re:McUnconstitutional
Posted by Anthony Gregory at February 5, 2008 02:46 PM
Lew, according to the Constitution, a president need only be a "natural born citizen." According to the US Code, citizens at birth include persons "born outside of the United States and its outlying possessions of parents both of whom are citizens of the United States and one of whom has had a residence in the United States or one of its outlying possessions, prior to the birth of such person."
According to wikipedia, there is some disagreement over whether a "natural born citizen" is the same as a citizen naturalized at birth. Goldwater and George Romney were also not born in US states (though Goldwater was born in American Territory). Neither of them won and qualified as a full test case. McCain would be the first, but I tend to agree with the plain language of the Constitution (as I interpret it): Should McCain be president, where he was born would probably be the least unConstitutional thing about his administration!
Thanks to Scott Garner, Dick Clark, Brian Martinez, Jason Ditz and Max Chiz, with whom I've been discussing this question over the last few minutes.
The UnConstitutionality of McCain
Posted by Anthony Gregory at February 5, 2008 06:09 PM
In light of the discussion of naturalization and more e-mails I've seen on this I want to clarify something: No, I don't think McCain is eligible to be president.
I think he's ineligible to be president because of his war crimes and support for mass murder. But, alas, if that disqualified candidates, America would have probably gone presidentless for some time.
Hmmm. . . Perhaps there's a Constitutional amendment we can actually get behind!
Yes he is
He was born on a military base in Panama.
"There is apparent truth and then there is real truth"
Jeff Cambeis
I'm not even sure if he's elegible to be Human
Well, I'm just saying.
not eligible....
according to the US Constitution & Dept Of State. See here:
http://www.whatreallyhappened.com/citizenship.php
fs
I would like to believe, but ...
This would be phenomenal if this pans out and can be upheld. However, I have questions after perusing this document.
The specific section that raises the eyebrow is from section (d) of the following. How would McCain's case have been handled pre 1995 or even pre 1941? He was born in 1936.
I don't want to rain on the parade, but, also don't want to see us deceived. And law scholars in the house?
Dennis
Poker Face
www.pokerface.com
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7 FAM 1116.1-1 States and Incorporated Territories
(TL:CON-64; 11-30-95)
a. The phrase “in the United States” as used in the 14th Amendment clearly includes States that have been admitted to the Union. Sections 304 and 305 of the INA provide a basis for citizenship of persons born in Alaska and Hawaii while they were territories of the United States. These sections reflect, to a large extent, prior statutes and judicial decisions which addressed the l4th Amendment citizenship implications of birth in these and other U.S. territories. Guidance on evidence on such births should be sought from CA/OCS.
b. Sec. 101(a)(38) INA provides that, for the purposes of the INA, The term “United States”,... when used in the geographical sense, means the continental United States, Alaska, Hawaii, Puerto Rico, Guam, and the Virgin Islands of the United States.In addition, under Pub. L. 94-241, the “approving Covenant to Establish a Commonwealth of the Northern Mariana Islands in Political Union with the United States of America”, (Sec. 506(c)), which took effect on November 3, 1986, the Northern Mariana Islands are treated as part of the United States for the purposes of sections 301 and 308 of the INA.
c. All of the aforenamed areas, except Guam and the Northern Mariana Islands, came within the definition of “United States” given in the Nationality Act of 1940, which was effective from January 13, 1941 through December 23, 1952.
d. Prior to January 13, 1941, there was no statutory definition of “the United States” for citizenship purposes. Thus there were varying interpretations. Guidance should be sought from the Department (CA/OCS) when such issues arise.
Dennis from Poker Face ---- protest rock - truth music
www.pokerface.com