McCain was not born in the United States.

Mem

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McCain's birthplace prompts queries about whether that rules him out

Published: February 28, 2008

The question has nagged at the parents of Americans born outside the continental United States for generations: Dare their children aspire to grow up and become president? In the case of Senator John McCain of Arizona, the issue is becoming more than a matter of parental daydreaming.
McCain's likely nomination as the Republican candidate for president and the happenstance of his birth in the Panama Canal Zone in 1936 are reviving a musty debate that has surfaced periodically since the founders first set quill to parchment and declared that only a "natural-born citizen" can hold the nation's highest office.
Almost since those words were written in 1787 with scant explanation, their precise meaning has been the stuff of confusion, law school review articles, whisper campaigns and civics class debates over whether only those delivered on American soil can be truly natural born. To date, no American to take the presidential oath has had an official birthplace outside the 50 states.
"There are powerful arguments that Senator McCain or anyone else in this position is constitutionally qualified, but there is certainly no precedent," said Sarah Duggin, an associate professor of law at Catholic University who has studied the issue extensively. "It is not a slam-dunk situation."
McCain was born on a military installation in the Canal Zone, where his mother and father, a navy officer, were stationed. His campaign advisers say they are comfortable that McCain meets the requirement and note that the question was researched for his first presidential bid in 1999 and reviewed again this time around.
 

Biggin'

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McCain has faced questions about this issue before. He was born August 29, 1936 in the Panama Canal Zone, to two U.S. citizens. It's a common misunderstanding that the zone was a U.S. territory - in fact, the U.S. had lease rights, but not territorial rights. And according to some lawyers who work in this field, past citizens in the Canal Zone - again, born to U.S. citizens - have not been considered "natural born."
Yet according to the Naturalization Law of 1790 that sought to define the term: "And 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."
See also: Weedin v. Chin Bow 274 U.S. 657 (1927): "A child born outside the U.S. cannot claim U.S. citizenship by birth through a U.S. citizen parent who had never lived in the U.S. prior to the child's birth." So in other words, had McCain stayed in Panama after being born there to US citizens, he still would have been a citizen but any progeny he may have sired while there (if he didn't come live in the US before then) would not have been citizens. But since his parents HAD lived here, he's good to go.

now go check out if Obama is. PLEASE.
 
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TinyPrincess

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U.S. District Court Judge Joseph LaPlante ruled Fred Hollander, of 56 Dorchester Way, lacked legal standing to bring the complaint, thus the case was dismissed. LaPlante relied upon a landmark 1974 Supreme Court ruling saying to bring suit in federal court a citizen has to be an injured party, be able to challenge conduct that caused the injury and can through a suit get that injury remedied.

LOL, if McCain wins, I would consider myself an injured party. :wink:
 

Mem

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I did not say he was not born on what is considered an American territory or to non-American parents.
 

Calboner

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McCain has faced questions about this issue before. He was born August 29, 1936 in the Panama Canal Zone, to two U.S. citizens. It's a common misunderstanding that the zone was a U.S. territory - in fact, the U.S. had lease rights, but not territorial rights. And according to some lawyers who work in this field, past citizens in the Canal Zone - again, born to U.S. citizens - have not been considered "natural born."
Yet according to the Naturalization Law of 1790 that sought to define the term: "And 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."

Interesting story, though you omit one tiny little fact, namely that the Naturalization Act of 1790 was expressly repealed by the US Naturalization Act of 1795. The present legal code does not define what a natural-born citizen is or provide an answer to the question whether John McCain is one. (Source, source.)
 

dreamer20

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McCain has faced questions about this issue before. He was born August 29, 1936 in the Panama Canal Zone, to two U.S. citizens. It's a common misunderstanding that the zone was a U.S. territory - in fact, the U.S. had lease rights, but not territorial rights. And according to some lawyers who work in this field, past citizens in the Canal Zone - again, born to U.S. citizens - have not been considered "natural born."
now go check out if Obama is. PLEASE.

He has been checked and, unlike McCain, Obama was born within the U.S.:rolleyes:

Interesting story, though you omit one tiny little fact, namely that the Naturalization Act of 1790 was expressly repealed by the US Naturalization Act of 1795. The present legal code does not define what a natural-born citizen is or provide an answer to the question whether John McCain is one. (Source, source.)

How clever of him to omit that fact. McCain needed to be naturalized like all other Panamanian babies found under a cabbage leaves.:biggrin1:
 

D_Sir Fitzwilly Wankheimer III

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He has been checked and, unlike McCain, Obama was born within the U.S.:rolleyes:



How clever of him to omit that fact. McCain needed to be naturalized like all other Panamanian babies found under a cabbage leaves.:biggrin1:


that's the flw with our system. the requirement should be that your parents are citizens. you should not become a citizen of a country merely because thats where you happened to have been when you popped out. ie anchor babies.
 

B_VinylBoy

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that's the flw with our system. the requirement should be that your parents are citizens. you should not become a citizen of a country merely because thats where you happened to have been when you popped out. ie anchor babies.

If that was the case, then nobody would be a citizen because all of our family trees would eventually link to someone who wasn't born in this country. That would, in turn, render the US citizenship of everyone else before you equally invalidated except for Native Indians.

Congratulations... You're now an immigrant! Pocahontas 2012!
 
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slurper_la

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that's the flw with our system. the requirement should be that your parents are citizens. you should not become a citizen of a country merely because thats where you happened to have been when you popped out. ie anchor babies.

and there you have it - the extent of the ignorance of the great unwashed is on display in all its glory