John McCain and the Presidential Panama Eligibility Problem
More Mud Slinging! Politics as Usual
And then they point to John McCain's place of birth ... the Panama Canal Zone, in 1936. Supposedly, his birth outside the USA makes him a sub-standard citizen, not a natural-born one, and therefore ineligible for the presidency. However, citizenship only has two possible states, natural or naturalized. If you are not born in the USA or its territories, you may be a US citizen from the moment of your birth because of the citizenship of your parents (you are natural-born citizen), or the legal status of a citizen may be granted to you some time after your birth (you are a naturalized citizen).
In 1795, the United States Naturalization Act provided that "the children of citizens of the United States, born out of the limits and jurisdiction of the United States, shall be considered as citizens of the United States; provided that the right of citizenship shall not descend to persons whose fathers have never been resident in the United States ... " Note that it does not say they are eligible to be naturalized or can apply for citizenship. It says they shall be considered as citizens. Period. The only exceptions are children born of US citizens if the parents never lived in the USA. McCain's father was an Admiral in the US Navy, so it's safe to presume he spent at least a few weeks on shore leave living in the USA.
Further clarifying McCain's natural-born citizen status, after the US acquired control over the Panama Canal Zone, a law was passed (USC TITLE 8 (Aliens and Nationality) Chapter 12, Subchapter III, Part 1, section 1403a) that states this: (a) Any person born in the Canal Zone on or after February 26, 1904, and whether before or after the effective date of this chapter, whose father or mother or both at the time of the birth of such person was or is a citizen of the United States, is declared to be a citizen of the United States.
Because "one or both" (in his case, both) of McCain's parents was a citizen of the USA, John McCain was a citizen of the USA from the moment of his birth: he is a a natural-born citizen. That is in contrast to ex-Secretary of State Henry Kissinger, a natural-born citizen of Germany who became a US citizen in 1943, or California's current governor, Arnold Schwarzenegger, a natural-born Austrian citizen who became a US citizen in 1983.
PS: If anyone wants to sling a bit of mud back: Mitt Romney's Mexican-born father (George Romney) ran for president in 1968. Was he a natural-born citizen of the USA? I don't remember the question even being asked.
Published by Tsu Dho Nimh
I'm a long-time technical writer with time to spare. I'm an omnivorous reader, a superb researcher, and a very fast writer. I'm also a good photographer. I'm fascinated by medicine, and annoyed by quack... View profile
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10 Comments
Post a Comment"Considered citizens " means just that. You are a natural born citizen through your parents who are are already citizens of the USA. Too often people try to interpet statemets instead of taking them at face value!
Perhaps our future president Obama will let the Panamanian candidate, McCain, fix his status in the new immigration reform . It is unbelievable people do not realiza this is a country of immigrants!!!
Seems like another non-issue to me...but then many of the mud slinging issues usually are. Great job on this.
(continued) American children born abroad, particularly those of our men and women in uniform, ought to be qualified to serve as President, which means we either need to change the constitution (bad idea) or get a very clear Supreme Court ruling that these kids are, in fact, natural born citizens. In the meantime, though (in my legal opinion) war hero and tireless public servant John McCain is unfortunately not constitutionally eligible for the presidency (or vice presidency for that matter.)
Well, first of all - contrary to what some have posted, this is a very important argument which has actually baffled some of the greatest legal scholars. Now I think most people agree that military brats born abroad ought to be eligible to serve as President. The problem is that the constitution specifically states that a president must be a "natural born citizen" and not a "naturalized citizen" - a distinction about which the courts are very vague. The author here undermines their own argument by quoting Title 8, because it specifically states that military brats born in Panama are "declared citizens of the United States" - language which sounds more like naturalization, or a bestowing of citizenship and not a recognition of an automatic birthright attributed to the child; let alone the author's quoting of the United States "Naturalization" Act, ahem. American children born abroad, particularly those of our men and women in uniform, ought to be qualified to serve as President, whic
Very well done Tsu. I am sick of the slinging also
Phillip - How about McCain's "adoption" of AZ for a Senate seat because he thought it was the most winnable? I live in the state, and he was considered a carpetbagger, then his FIL got in the savings and loan scandal (look up "Keating Five"), etc. A pox on both of them.
I haven't heard of this issue in regards to McCain. I need to watch more TV Of course, he is a natural born citizen. A 6th grader could figure that out. I was more concerned with Hillary's "adoption" of NY for a senate seat. I wonder who misspun this ridiculous issue? They need their HS diploma revoked.
Well written...trying to confuse the issues with his place of birth is just ridiculous. Children born here to immigrants are natives, yet we want to disqualify the son of a United States military member who is serving his country on soil other than that of the US proper?
Politics just keeps getting curiouser and curiouser. Great information.