Is McCain Eligible[for president] or is he not??

Discussion in 'Campfire' started by John Stiles, Feb 12, 2008.

  1. John Stiles

    John Stiles Ultimate Member 2007 Team Turkey Contest Winner

    You tell me. [The U.S. Supreme Court has ruled that "it is location which determines the application of the U.S. Constitution and not the citizenship status of the people who live in that territory," Balzac vs. Puerto Rico, 258 U.S. 301 (1922) and Harris vs. Rosario, 466 U.S. 651 (1980).] According to the supreme court it is not a matter of instant citizenship, but rather a constitutional matter of geographics. To be eligible, the point of law is that you must be born inside the geographical borders of the USA!!:wink:
     
  2. John that would rule alot of children of service people that were born overseas while serving our nation.

    Do a little more research and I bet you find something that over rides that!
     

  3. John Stiles

    John Stiles Ultimate Member 2007 Team Turkey Contest Winner

    The only thing it rules is whether or not you can run for president!:wink: Nothing to do with being a citizen...totally different point of law!
     
  4. popgun

    popgun Well-Known Member

    First Congress, on March 26, 1790, approved an act that declared, "The children of citizens of the United States that may be born beyond sea, or outside the limits of the United States, shall be considered as natural-born citizens of the United States." That would seem to include McCain, whose parents were both citizens and whose father was a Navy officer stationed at the U.S. naval base in Panama at the time of John McCain’s birth in 1936.

    The constitution says "Natural Born Citizen", that means he was born a citizen. The constitution says nothing about being born in the United States.

    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.

    Many parts of the world have law to provide them with special status, to allow children born in those places to be considered natural-born. This allows families with a long history of working in these areas without ever returning to the U.S. to be considered natural-born. For example, the Panama Canal Zone had been in U.S. possession for a full century, and some families lived there for generations. 8 USC 1403 handles the Zone specifically, stating that anyone born in the Zone on or after 2/26/1904, to at least one citizen-parent, is a natural-born citizen. Similar law is in place to handle the acquisition of territories, such as Puerto Rico, Alaska, and Hawaii.

    ....popgun
     
  5. John Stiles

    John Stiles Ultimate Member 2007 Team Turkey Contest Winner

    If the supreme court says that automatic citizenship does not stipulate being born on US soil, who am I to argue? The US Constitution makes it clear that to become president certain qualifications must be me....being born within the geographic boundaries of this country being one! The 14th ammendment does nothing to alter this specification, and case law backs that up. When you are born in a state, you get a birth certificate from that state....when born abroad, you get a federal document, that says you are a citizen, but not necessarily where you were born. If McCain has a US birth certificate stating he was born in Texas....I'll back off!:wink:
     
  6. reflex1

    reflex1 Well-Known Member Supporting Member

    John - John - John! Why do you have to read something into this that isn't there?
     
  7. Gruntcall

    Gruntcall Well-Known Member

    Hillary is obviously from another :censored: planet.

    Does that make her ineligible?
     
  8. popgun

    popgun Well-Known Member

    The 14th Amendment says "Natural Born Citizen", and does not say Geographically born citizen.

    TITLE 8 > CHAPTER 12 > SUBCHAPTER III > Part I > § 1403Prev | Next § 1403. Persons born in the Canal Zone or Republic of Panama on or after February 26, 1904
    (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.
    (b) Any person born in the Republic of Panama 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 employed by the Government of the United States or by the Panama Railroad Company, or its successor in title, is declared to be a citizen of the United States.

    ....popgun
     
  9. John Stiles

    John Stiles Ultimate Member 2007 Team Turkey Contest Winner

    There's no doubt they are considered a citizen.....what part of geographical constraints do you not undersand? It has nothing to do with autom atically being declared a US citizen, but rather "on US soil" ...."within US boundaries" is the physical constraint mentioned in the US Constitution.:wink:
     
  10. Matt_W

    Matt_W Well-Known Member

    I would certainly venture that the canal zone is considered "us soil" since it operated independent of the country of Panama. A lousy candidate he is, but certainly eligible.