John McCain Was Born in the Panama Canal Zone; Can He Become President?

In the United States 2008 Presidential election, many people have noted John McCain's birthday not because of his age but because of his questionable citizenship. On August 29th, 1936, John McCain was born in a military hospital in the Panama Canal Zone, which was leased by the United States. Is he a "natural born citizen" eligible to become President of the United States, or is his citizenship foreign? I argue that it is questionable whether he does meet the citizenship requirements of the United States Constitution based American citizenship.

According to the United States Constitution, "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 to the Office of President; neither shall any Person be eligible to that Office who shall not have attained to the Age of thirty five Years, and been fourteen Years a Resident within the United States." McCain is over 35 and has been a resident of the United States for over 14 years. The question, then, is whether he is a "natural born citizen".

John McCain was born to American parents on Coco Solo Air Base in the American-occupied Panama Canal Zone. In 1936, the Panama Canal Zone was not considered United States soil though it was treated like a United States territory. United States laws applied there, and American citizenship was conferred on those born there because of its territorial status. However, it is unclear whether a territory confers the same birthright citizenship as a birth in any state of the United States.

To look for further interpretive guidance, I look to the 14th Amendment. This Amendment states, "All persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside." Unfortunately, this Amendment does not explicitly determine citizenship with respect to the United States presidency. Rather, it establishes the right of United States citizens for equal protection under the law and affirms the jus soli (birthright) theory of American citizenship.

What would ultimately determine McCain's eligibility? Since United States case law has not explicitly examined the Constitutional definition of "natural born citizen," it would be up to the United States Supreme Court to deliver a judgment. It is unclear how they would rule since United States territories did not exist at the time of the framing of the United States Constitution. Were he elected President, a Supreme Court ruling may decide whether he could assume office.