Since there is no law clarifying whether McCain can be President...

[Kurt_and_Hunter]

Since there is nothing in the U S Code or Judicial precedent clarifying whether McCain can be President (since he wasn't born in the US)...

Most constitutional interpretation is done by Congress, not the courts. The courts can overrule congress if they feel a law is unconstitutional, but it is the job of Congress to implement the constitution in the law and the courts defer to congress in close cases where Congress has taken a side on a matter. (For instance, Bush v. Gore devotees will recall that it was all about the U.S. Code sections that fleshed out the slim Constitutional provisions as to the methods and timing of selecting electors.)

So, if the Democrats were quick and shrewd (which they are not) they should propose and rush through legislation saying that someone born on a military base in the Panama Canal zone is a "natural born citizen."

(The courts would side with McCain eventually if it were adjudicated, so there's no loss there. It's not a 'real' issue.)

The spectacle of Democrats in congress quite intentionally and publicly clearing the way for McCain as the Republican nominee would explode a lot of conservative heads.

[northzax]

1. um, why?

you don't need clarification. His father was a us citizen at the time of his birth. Therefore, he is a natural born citizen. Doesn't matter where he was born, whether a military base, Uzbekistan or the moon. Children of us citizens are us citizens at birth.

[Kurt_and_Hunter]

2. The Presidency is not open to all citizens, as written

It is open to "natural born" citizens, meaning born in the US.

The precise meaning of "natural born" hasn't been determined before, but it is accepted that it does not apply to naturalized citizens, for instance.

Arnold Schwarzenegger is a US citizen, but cannot run for President.

[BleedingHeartPatriot]

3. Neither of Arnie's parents were American and/or on an American military base.

They were Austrian, in Austria.

:shrug:

[mcctatas]

4. last time I checked, Governator was not running for pres...

different rules apply

[BleedingHeartPatriot]

5. Responding to K & H's example using Schwartzenegger.

edit, spelling.

[mcctatas]

6. Sorry...

I get a little befuddled after 10 pm :)

[BleedingHeartPatriot]

8. LOL,

befuddlement. Been there, done that. :-)

[Kurt_and_Hunter]

7. Yes. I was responding to a post about citizenship

And I know there are many opinions as to what "natural born" means.

But the fact that we have opinions about a matter does not mean it has been adjudicated, or established in the USC.

So the point of the OP remains.

[northzax]

12. you are using the wrong definition of 'natural born'

I refer you to the law:

TITLE 8: CHAPTER 12: SUBCHAPTER III: Part I: § 1401

(c) a person 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; ]/div]

it goes on to make an exception for residency purposes if the parent is in the military or diplomatic service of the United States.

So, what's the question already?

[Kurt_and_Hunter]

9. BTW: If I am recalling correctly, some have said the constitutional language was

intended to screw Alexander Hamilton out of the potential presidency because he as born in Jamaica.

(again, if I recall correctly)

[Freddie Stubbs]

19. Hamilton was born in Nevis, not Jamaica

[OHdem10]

10. McCain can be President. This birthplace bit came up when

he ran for President the first time. He was a military baby.
Father was an Admiral. "Military Kids" are considered citizens.

[LiberalFighter]

11. I would say he is natural born US citizen cause he was born on the base

Just as a US embassy is considered American soil so should a US military base be.

Just because a person's parent is in the military should not automatically give them natural born status but they are a US citizen.

[northzax]

13. having a US citizen as a parent makes you a citizen at birth

McCain had TWO parents as US citizens. There really isn't an issue here.

or do we really want to start making the arguement that geography is all that matters? both your parents could be Al Quaeda members actively engaged in warfare against the US, but if you are born on US soil, whether or not they have legal status, you are natural born, but the son of a military family posted overseas isn't? ridiculous.

[LiberalFighter]

15. Yes it should matter

They should not be given special privileges just because they are in the military.

And as I stated, just as an American Embassy is considered American soil so should a military base. But if they are in the military and are born off base then they should not be considered natural born.

[northzax]

20. the only rule that matters for the Military is

you have to have a residence in the US at some point. This rule is waived for people who are working overseas on behalf of the US government. If you work for State, or the military, you can easily spend 15-25 even 35 years outside the United States as your job. doesn't mean you have a place back home, right?

I think the idea is to say that these are not 'expatriots' people who left the US, they work FOR the US, and are sent overseas to represent the US. that's different than moving to Paris as a civilian. (the only way that would matter is if you were born in Paris, to US parents, claimed citizenship and then never lived in the US for any period of time, that's the only difference.) If you are a US citizen, and have ever lived in the US, then your children are US citizens at birth, no matter where they are borb.

[Kurt_and_Hunter]

17. I am not suggesting McCain is ineligible... I am proposing a political stunt

It would be damaging if the Democrats unilaterally resolved the issue to make sure McCain could run (which is what a court will determine when it is challenged by some troublemaker during the campaign)

It is an issue because the NYT says it's an issue. I am not making any claims about the legitimacy of the issue, merely suggesting that Dems in Congress should ride to the rescue out of "generosity"

It would be a psych-out message that they are happy to run against McCain.

[Occam Bandage]

14. Agreed. It would completely disarm the Republicans. Good thought.

[grantcart]

16. Very clever - also above the head of our present Senate leadership lol

[Orangepeel]

18. There's no there, there

McCain was born a citizen. He didn't need to be naturalized.