Why isn't anyone bringing this up?

[Splinter Cell]

John McCain does not qualify to be president under the constitution. He was born in the Panama Canal Zone. I've heard other folks talking about their children being born in military hospitals out of country and how they are not "natural born" citizens. Why does this not apply to McLame?

[Raskolnik]

1. Because it makes the people bringing it up look foolish.

http://leahy.senate.gov/press/200804/041008c.html

[Splinter Cell]

3. And?

What the heck does that prove? It still doesn't answer the question, and just because a couple senators feel that way doesn't make it true.

I have talked with people, that were serving in the miltary, and their children were born in Germany in a US military hospital. They were not "natural born" American citizens at birth. Period. The same goes for John McCain.

Why the fuck do we have a constitution if nobody gives a damn what it says?

[Raskolnik]

4. It proves that it's a dead issue.

People have talked about it, whether you were paying attention or not. While there are some people (that actually know about the Constitution) that think it might be a close question (at best), there is absolutely no chance that John McCain will be prevented from running for President because of it.

And there is a 100% chance that any Democrats arguing that children born to military parents serving overseas should not be allowed to run for President would be royally fucked, and deservedly so.

[Splinter Cell]

9. Whatever

I'm glad to see the rules can be bent, broken, or ignored so the elite can continue to be elite.

It's a complex issue, and I'd love to know what the founding fathers would have thought.

Oh well, he was in the armed forces, so let's declare it a non-issue and move on. Maybe Arnold can be his running mate. Hasn't he played a member of the armed forces in a few movies? That should qualify.

[sarge43]

10. Anyone, regardless of place of birth, born to two US citizens is a

citizen by birth. Only two qualifiers: One parent had to have resided in the US proper prior to birth. The birth record has to registered at a US consulate or embassy. Since 1986 only one parent needs to be a citizen and have certain US residency requirements.

Further, in 1938 Congress passed a law stating that anyone born in the CZ to two US citizens was a citizen by birth. This law was retroactive to 1904.

There are many reasons why McCain shouldn't park his duffel bag in the WH; his citizenship status isn't one of them.

[loveable liberal]

2. Because he was a POW. Isnt that the reason for everything?

He's a senator because he's a pow, he's rich because of his pow status, the mainstream media doesnt cover his gaffes because of his pow status. Were he never shot down he would probably be a pilot for an airline struggling to keep their wages right now.

[berni_mccoy]

5. There was a lawsuit in NH to Sue to Prevent McCain from being a candidate

It just got thrown out.

Yes, technically under the Constitution, McCain does not qualify. However, the Democrats have already said they will not challenge his right to run for President.

[NightWatcher]

6. it has been brought up and Obama cosponsored a bill to allow him

McCaskill has introduced the "Children of Military Families Natural Born Citizen Act" into the Senate. McCaskill's legislation, which she wrote by hand on a notepad after reading the Times article, specifies a new part of the definition of "natural born citizen," which, if the bill passes, would include "any person born to any citizen of the United States while serving in the active or reserve components of the United States Armed Forces."

http://www.salon.com/politics/war_room/2008/02/29/mccain_panama/

btw, it passed and is not an issue

[Arkansas Granny]

7. Here is what the Constitution has to say about being a "natural born" citizen.

Natural-born citizen

Who is a natural-born citizen? Who, in other words, is a citizen at birth, such that that person can be a President someday?

The 14th Amendment defines citizenship this way: "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." But even this does not get specific enough. As usual, the Constitution provides the framework for the law, but it is the law that fills in the gaps.

Currently, Title 8 of the U.S. Code fills in those gaps. Section 1401 defines the following as people who are "citizens of the United States at birth:"

Anyone born inside the United States
Any Indian or Eskimo born in the United States, provided being a citizen of the U.S. does not impair the person's status as a citizen of the tribe
Any one born outside the United States, both of whose parents are citizens of the U.S., as long as one parent has lived in the U.S.
Any one born outside the United States, if one parent is a citizen and lived in the U.S. for at least one year and the other parent is a U.S. national
Any one born in a U.S. possession, if one parent is a citizen and lived in the U.S. for at least one year
Any one found in the U.S. under the age of five, whose parentage cannot be determined, as long as proof of non-citizenship is not provided by age 21
Any one born outside the United States, if one parent is an alien and as long as the other parent is a citizen of the U.S. who lived in the U.S. for at least five years (with military and diplomatic service included in this time)
A final, historical condition: a person born before 5/24/1934 of an alien father and a U.S. citizen mother who has lived in the U.S.
Anyone falling into these categories is considered natural-born, and is eligible to run for President or Vice President. These provisions allow the children of military families to be considered natural-born, for example.

http://www.usconstitution.net/consttop_citi.html

John McCain is a natural-born citizen according to the Constitution.

[Splinter Cell]

13. Great post

That would seem to answer the question, but I still don't understand why my friends who are former military had to go through an entire process to gain citizenship for their children.

Wouldn't any military base count as "territory" of the US? Or is it only in regions that are controlled by the US at the time, like Panama was, or like Guam etc?

The outlines listed in your post should have answered the question, but it seems it hasn't been applied to everyone.

[Arkansas Granny]

16. I don't know the answer to that one. I've never heard of anyone having that problem before.

[Phredicles]

8. Wasn't the Canal Zone US territory *at the time*?

Besides, if McSenile were jettisoned, he might be replaced with someone who knows what he's doing.

[Splinter Cell]

11. Yes

But if that were all that mattered, then somebody from Puerto Rico should be allowed to be president, which I don't think is the case.

[Phredicles]

12. I didn't know Puerto Ricans were ineligible, but its status is unusual;

it's a commonewealth, which seems to mean it somewhat is US territory and somewhat is not. Plus, they have their own national teams for the World Cup and Olympics. But the Canal Zone was simply a US possession, as I understand.

[Splinter Cell]

14. The same thing...

Was brought up back in 1964 when Goldwater was the GOP nominee, as he was born in Arizona before it gained statehood, and so there was some question about him being able to serve if elected.

As for Puerto Rico, I know they've voted a couple times against statehood, so I assume it's fully a US territory for that issue to have been brought up, but I can't be certain.

[Orangepeel]

15. He was born a citizen, rather than naturalized. He is a natural born citizen. n/t

[DevonRex]

19. Best, most concise answer. nt

[Occam Bandage]

17. Because that's dumb as hell. Panama Canal Zone was US territory.

[Motown_Johnny]

18. It has been brought up, months ago.. and my sides still hurt from laughing so fucking hard. DOH

the canal zone was an American territory. He is natural born


deal with it