McCain ineligible to be president?

**Epaphras** · 10-03-2008, 03:04 PM

http://www.mccainfactcheck.com/facts/11/343544.shtml

I never knew this, but McCain was born on a military institution in the Panama Canal Zone, a U.S. territory. There is some dispute over whether-or-not someone born in a U.S. territory is a natural-born citizen. Are not Puerto Ricans disallowed from running for office?

Could there be a case made based on the 14th Amendment disqualifying John McCain from being president?

For a guy who supports strict constitutionalist judges, this could be a problem for him!

mulletman · 10-03-2008, 03:06 PM

Hah. Wow. That is certainly intriguing.

TravisR · 10-03-2008, 03:34 PM

Quote:

Originally Posted by Epaphras

http://www.mccainfactcheck.com/facts/11/343544.shtml

I never knew this, but McCain was born on a military institution in the Panama Canal Zone, a U.S. territory. There is some dispute over whether-or-not someone born in a U.S. territory is a natural-born citizen. Are not Puerto Ricans disallowed from running for office?

Could there be a case made based on the 14th Amendment disqualifying John McCain from being president?

For a guy who supports strict constitutionalist judges, this could be a problem for him!

I had a friend in high school was born on some kind of U.S. base in Germany. I don't remember if it was an embassy or what exactly the specifics were... but she is considered a natural-born citizen.

Trust me, if this were an issue, it would have come up a long time ago.

**Role Modlin** · 10-04-2008, 06:07 PM

His parents are both natural-born American citizens. That makes him one as well.

**bravesfan007** · 10-04-2008, 09:00 PM

Quote:

Originally Posted by Epaphras

http://www.mccainfactcheck.com/facts/11/343544.shtml

I never knew this, but McCain was born on a military institution in the Panama Canal Zone, a U.S. territory. There is some dispute over whether-or-not someone born in a U.S. territory is a natural-born citizen. Are not Puerto Ricans disallowed from running for office?

Could there be a case made based on the 14th Amendment disqualifying John McCain from being president?

For a guy who supports strict constitutionalist judges, this could be a problem for him!

I had a guy at college tell me a story sort of like that and how Obama isn't a natural-born citizen. I'm sure if these were major issues and could cause any problems the respecting parties would have figured this out and corrected it a long time ago.

***Art*** · 10-04-2008, 09:34 PM

Wow. I had heard stupid rumors about Obama not being a citizen, but this is interesting. Of course, he is a natural citizen, because he was born to two citizens.

***Art*** · 10-04-2008, 09:54 PM

From Wikipedia, citing Federal law.

"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."[7] The law that conferred this status took effect on August 4, 1937, one year after John McCain was born — albeit with retroactive effect, resulting in McCain being declared a U.S. citizen.[8]"

Link to the law in question.

So, he's a citizen. Case closed.

TravisR · 10-05-2008, 12:28 AM

Quote:

Originally Posted by Art

From Wikipedia, citing Federal law.

"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."[7] The law that conferred this status took effect on August 4, 1937, one year after John McCain was born — albeit with retroactive effect, resulting in McCain being declared a U.S. citizen.[8]"

Link to the law in question.

So, he's a citizen. Case closed.

Hmm, well that makes it a little more interesting. Nobody is disputing McCain's citizenship, but according to this, he wouldn't be a natural born citizen.

Bryan · 10-05-2008, 12:31 AM

a natural born citizen means someone who was born with citizenship, as opposed to someone who was born without and later moved to the US and gained citizenship

**Epaphras** · 10-05-2008, 05:05 PM

Yeah someone else told me that children born on military bases are considered natural-born citizens because a military base is considered U.S. soil, like an embassy.

I agree that it doesn't actually mean anything for this election, but it does bring up an interesting discussion about the 14th Amendment and citizens of U.S. territories running for office. If elected, McCain will be the first president not born in one of the 50 states.

everyman · 10-07-2008, 02:32 PM

The original question is whether a case can be made based on the 14th amendment that John McCain is not eligible to be president.

The answer is yes. A law professor at the University of Arizona has laid out a legal argument basically saying that there are two ways to be a natural-born citizen. One is to be born on American soil and the other is through a law enacted prior to your birth confering natural-born citizenship. Since neither of the two applies to McCain, he is not eligible to be President. Here's a link to an abstract of the legal paper:

http://papers.ssrn.com/sol3/papers.c...ct-id=1157621#

However, the definitive interpretation of the Constitution would need to come from the federal courts, and it is unlikely that this matter will ever be taken up.

**H.M. Murdock** · 10-07-2008, 02:35 PM

Quote:

Originally Posted by Mr. Leboman

His parents are both natural-born American citizens. That makes him one as well.

To my knowledge, current citizenship laws were not enacted until well after both major candidates were born.

Quote:

However, the definitive interpretation of the Constitution would need to come from the federal courts, and it is unlikely that this matter will ever be taken up.

Of course. No major political party's candidate can be rendered an illegitimate candidate; we've already learned that this year alone.

Reedolo · 10-07-2008, 04:13 PM

Quote:

Originally Posted by H.M. Murdock

Of course. No major political party's candidate can be rendered an illegitimate candidate; we've already learned that this year alone.

I'm not sure about that. If there were actually a valid reason to render a candidate illegitimate, I'm sure it could and would happen. The only thing we've seen this year has been rumors of a candidate's suspected illegitimacy proven false.

**slap_j** · 10-07-2008, 04:18 PM

Quote:

Originally Posted by Reedolo

I'm not sure about that.

Quote:

Originally Posted by Reedolo

I'm sure it could and would happen.

Doublespeak!

***Art*** · 10-07-2008, 04:31 PM

Quote:

Originally Posted by everyman

The original question is whether a case can be made based on the 14th amendment that John McCain is not eligible to be president.

The answer is yes. A law professor at the University of Arizona has laid out a legal argument basically saying that there are two ways to be a natural-born citizen. One is to be born on American soil and the other is through a law enacted prior to your birth confering natural-born citizenship. Since neither of the two applies to McCain, he is not eligible to be President. Here's a link to an abstract of the legal paper:

http://papers.ssrn.com/sol3/papers.c...ct-id=1157621#

However, the definitive interpretation of the Constitution would need to come from the federal courts, and it is unlikely that this matter will ever be taken up.

The link I provided proves that there are more than two ways to become a natural born citizen. That professor is simply wrong.