John McCain IS a Natural Born Citizen
Over the past few months I have witnessed several lefty bloggers, as well as Ron Paul supporters declaring that John McCain was not eligible to hold the office of the Presidency because he was not a “natural born citizen”. Article II of the Constitution does indeed state:
No Person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President;
The question of McCain’s eligibility stems from the fact that he was born in the Panama Canal Zone on a military installation. The New York Times examines his eligibility today and notes the purpose of adding the “natural born citizen” phrase to the Constitution:
The phrase “natural born” was in early drafts of the Constitution. Scholars say notes of the Constitutional Convention give away little of the intent of the framers. Its origin may be traced to a letter from John Jay to George Washington, with Jay suggesting that to prevent foreigners from becoming commander in chief, the Constitution needed to “declare expressly” that only a natural-born citizen could be president.
On this premise alone I believe if the Supreme Court were asked to rule on McCain’s eligibility they would rule in his favor. The Supreme Court has historically looked past the actual words of the Constitution and ruled on cases based on the perceived intentions of those words. The letter from John Jay stated:
“Permit me to hint, whether it would be wise and seasonable to provide a strong check to the admission of Foreigners into the administration of our national Government; and to declare expressly that the Commander in Chief of the American army shall not be given to nor devolve on, any but a natural born Citizen.”
The letter explicitly references the idea of Foreigners becoming the Commander in Chief of the American army, which John McCain is not. Born to parents who were both American citizens, McCain is a United States citizen at birth, however the argument at hand is not wether McCain is a citizen at birth, but wether he is a citizen by birth. It is a matter of being a natural born citizen, or a naturalized citizen, and the answer to the question is the difference is deciding John McCain’s eligibility to hold the office of the Presidency.
John McCain’s citizenship status falls under section 8 USC 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.”
There are further arguments however that John McCain does not meet the requirements of the 14th Amendment which states, “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”. The U.S. State Department further clarified this by stating that:
c. Despite widespread popular belief, U.S. military installations abroad and U.S. diplomatic or consular facilities are not part of the United States within the meaning of the 14th Amendment. A child born on the premises of such a facility is not subject to the jurisdiction of the United States and does not acquire U.S. citizenship by reason of birth.
Most arguments against McCain’s eligibility will point to this statute as proof that McCain is not a natural born citizen within the scope of the 14th Amendment. However this statute is very broad and was meant to clarify popular assumptions regarding all military bases abroad, not specific ones. For example, a child born to parents residing on a military installation in the Virgin Islands would be considered a United States citizen by birth because the Virgin Islands are a territory of the United States and subject to its jurisdiction. Likewise in 1936 when John McCain was born, the Panama Canal Zone was considered a United States territory, and therefore under the jurisdiction of the United States.
It will be interesting to see in the coming months if there are any legal challenges to McCain’s eligibility, and who those challenges come from. I would believe that no one from the Democratic party would want to challenge his eligibility in the Supreme Court due to the political backlash from the American people. Challenging a war hero’s citizenship because he was born on a military base while his father was serving our country would almost certainly cost Democrats votes in November, although I would not be surprised to see such a challenge from the likes of the ACLU.
Update - Sept. 18, 2008: Court Rules On McCain’s Citizenship:
Sphere: Related ContentArticle II states that “No Person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President.” Article II left to Congress the role of defining citizenship, including citizenship by reason of birth. Rogers v. Bellei, 401 U.S. 815, 828 (1970). Many decades later, the Fourteenth Amendment set a floor on citizenship, overruled the Dred Scott decision, and provided that all born or naturalized in the United States, and subject to the jurisdiction thereof, were citizens. Nonetheless, subject to the floor of the Fourteenth Amendment, it has always been left to Congress to define who may be a citizen by reason of birth (or naturalization proceedings, for that matter). Id. at 829–30.
At the time of Senator McCain’s birth, the pertinent citizenship provision prescribed that “[a]ny child hereafter born out of the limits and jurisdiction of the United States, whose father or mother or both at the time of the birth of such child is a citizen of the United States, is declared to be a citizen of the United States.” Act of May 24, 1934, Pub. L. No. 73-250, 48 Stat. 797. The Supreme Court has interpreted the phrase “out of the limits and jurisdiction of the United States” in this statute to be the converse of the phrase “in the United States, and subject to the jurisdiction thereof,” in the Fourteenth Amendment, and therefore to encompass all those not granted citizenship directly by the Fourteenth Amendment. [Footnote: United States v. Wong Kim Ark, 169 U.S. 649, 687 (1898) (“The words ‘in the United States, and subject to the jurisdiction thereof,’ in the first sentence of the fourteenth amendment of the constitution, must be presumed to have been understood and intended by the Congress which proposed the amendment … [as] the converse of the words ‘out of the limits and jurisdiction of the United States,’ as habitually used in the naturalization acts.”)]
Under this view, Senator McCain was a citizen at birth. In 1937, to remove any doubt as to persons in Senator McCain’s circumstances in the Canal Zone, Congress enacted 8 U.S.C. 1403(a), which declared that persons in Senator McCain’s circumstances are citizens by virtue of their birth, thereby retroactively rendering Senator McCain a natural born citizen, if he was not one already. This order finds it highly probable, for the purposes of this motion for provisional relief, that Senator McCain is a natural born citizen. Plaintiff has not demonstrated the likelihood of success on the merits necessary to warrant the drastic remedy he seeks.
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Panama John - not a natural born Citizen of the U.S.
—————————————————-
I’m starting to feel bad about this for John McCain. He has come so
far and to have the very nature of his citizenship to be questioned
would be miserable, especially after heroic service. But he is
seeking the one occupation that explicitly requires that the
officeholder be a “natural born Citizen.” This can only be changed
by an amendment that changes the Constitution from saying “natural
born Citizen” to something that would include him as eligible,
though he is a citizen by jus sanguinis (citizenship by descent).
In presenting this constitutional matter, the purpose is to bring
attention to the need for a remedy. This may also mean that the
remedy would not be in place in time for Senator John McCain to be
eligible to hold the office of President.
U.S. Supreme Court
SCHNEIDER v. RUSK, 377 U.S. 163 (1964)
We start from the premise that the rights of citizenship of the
native born and of the naturalized person are of the same dignity
and are coextensive. The only difference drawn by the Constitution
is that only the “natural born” citizen is eligible to be
President. Art. II, 1. [377 U.S. 163, 166]
Consider more details if you doubt the seriousness of this matter:
http://idacres.com/politics/mccain/natural_born_Citizen.html
Yeas I understand the bloodline issue. I understand naturalized. But why change it now many have fought and die for this country and were not even declared human. Or suffered in WW2 and still had to face segergation. Why change or admend it now for one guy thats the problem I have with it and I am truly sorry for that but the Law is the Law and no one shall be placed above it. Sen. Obama and McCaskill are leading the legislation to change this and I am from Kansas City Mo. and a African American. But so was my Grandfather S/Sgt J A Bradley US. Army (desc) and when he came back nobody change the laws for him.
Kevin, I am not advocating placing John McCain “above the law”. What I was stating was a response to the question of wether or not he is considered a citizen by birth. My answer to that question was yes, not because he served in the military, or even because his father served, but because he was born to two American citizens in the Panama Canal Zone which was at the time under American jurisdiction.
Charles yes there is no doubt his citizenship like Henry Kissinger no his parents were both German. But his served in the military and in the executive branch. and was Nobel Prize winner and The Paris Peace Accord helped set Sen. McCain free from POW camp in Vietnam. But in the 70s lot of people wanted the rule changed and it was not and now or ever is time to make changes. Yes he is a citizen of US yes this allows him like Arnold to hold office. But not the Presidency or VP positons. US personnel and it say dipolmats have this option but I do not know about military personal. Next the Canal Zone was not a territory like VI PR Guam or American Somoa. It was under lease and returned to the Panamanian Govt. I do believe no one foresaw that some military offspring would be running for President never the less it is the law. I am shock at this because I know people who were born in AK Ger. and Korea and Jap.. Yes they are naturalized citizen but not natural born on US soil and (see below)The Supreme Court has never addressed the specifics of a natural born citizen, except once in passing, in the dissent of the infamous Dred Scott case. Other cases have looked at citizenship, but not specifically the natural born part of it.
Outside federal law, the State Department specifically addresses the situation under 7 FAM 1100:
“ 7 FAM 1111.2 Citizenship
(TL:CON-64; 11-30-95)
a. U.S. citizenship may be acquired either at birth or through naturalization.
b. U.S. laws governing the acquisition of citizenship at birth embody two legal principles:
(1) Jus soli (the law of the soil), a rule of common law under which the place of a person’s birth determines citizenship. In addition to common law, this principle is embodied in the 14th Amendment to the U.S. Constitution and the various U.S. citizenship and nationality statutes.
(2) Jus sanguinis (the law of the bloodline), a concept of Roman or civil law under which a person’s citizenship is determined by the citizenship of one or both parents. This rule, frequently called “citizenship by descent” or “derivative citizenship”, is not embodied in the U.S. Constitution, but such citizenship is granted through statute. As laws have changed, the requirements for conferring and retaining derivative citizenship have also changed.
7 FAM 1116.1-4 Not Included in the Meaning of “In the United States”
(TL:CON-64; 11-30-95)
c. Despite widespread popular belief, U.S. military installations abroad and U.S. diplomatic or consular facilities are not part of the United States within the meaning of the 14th Amendment. A child born on the premises of such a facility is not subject to the jurisdiction of the United States and does not acquire U.S. citizenship by reason of birth.
McCain, having been born in 1936, falls under this clause. Thus determination of jus soli depends upon the Department of State’s interpretation of what constituted the United States at the time he was born.
So I think this is truly a matter that falls to the US Congress not the Supreme Courts unless the congress fails to admend or ratify this. Not even the President can grant special rights for this. Yes he is a American by bloodline which is natualization but as I read more it’s jursi soli born on US soil that is question keep looking it is a shock to everyone.
This has got to be the most confused discussion going.
McCain is a natural born citizen because his parents were American citizens. The constitution does not require a president be native born, only natural born. Unless someone wants to claim McCain was unnaturally born, he is a natural born citizen.
The 14th amendment extends the concept of citizenship, not reduces it. Those born in this country are declared citizens. If the amendment meant that only those born in this country were citizens by birth, then the child of American citizens born in another country would have to be naturalized to be a citizen. And citizen by birth is not naturalized, it is natural.
Enough already!
This is not enough already. Due to our wonderful Vice-President and the current adminastration. The State Dept has made this a matter. One if these area’s are U.S Soil then all the combatant we hold at GITMO in Cuba would have rights under the law. But the current admin has declared they are not. The US Superme Court only allows them right to counsel not prisoner rights. This puts in question his Jus Soli. He’s is a citizen by nautralization. But the law doe’s not cover this. You must be born on US soil for example if Sen Obama would have been born in the Hawaiian terrortiy in 1958 he would not be eligble US terrority not US soil.
Jus sanguinis (the law of the bloodline), a concept of Roman or civil law under which a person’s citizenship is determined by the citizenship of one or both parents. This rule, frequently called “citizenship by descent” or “derivative citizenship”, is not embodied in the U.S. Constitution, but such citizenship is granted through statute. This is not Rome.
As far as his military record his service is not in question but his time as a POW. He did violate UCMJ laws in signing a agreement for care. Why he was not subject to court-martial is unknown. One can only gather because his father was in command of forces in South East Asia. This is a violation of military rules and violates the servicemen code to not colabrate with the enemy, and violates Conduct unbecoming of a officer. Lying theft cheating are not tolorated by gruadates of Annapolis. So hero is a long shot. Death with honor.
A Tragedy
What happens if legal action is brought against John McCain that reaches the Supreme Court?
Whether or not the court would decide in favor or against McCain’s “natural born Citizen” status, it is a no-win situation. It would be very ugly for the nation either way.
The U.S. Constitution has been redefined too often, by the U.S. Congress, by the President of the United States, and by the Supreme Court of the United States! What part of government will stand up to the revisionists?
Even worse (only for the short term as measured in years) would be John McCain’s removal from office after being elected. What if he were sworn into the office of the president by the Chief Justice of the Supreme Court, then later the case were heard in the court? It would be difficult for that court to rule against what they already endorsed by giving him the oath of office. And his first act in taking the oath is to break.
“I do solemnly swear (or affirm) that I will faithfully execute the office of President of the United States, and will to the best of my ability, preserve, protect and defend the Constitution of the United States.”
We already know that many in the U.S. Congress would rather blot out much of the U.S. Constitution in favor of their own words. It will likely come from the citizenry if this undermining of the U.S. Constitution is to be put down.
The discussion continues at http://PanamaJohn.dominates.us/forum with opinion, historical documents, and more.
John McCain was born a year before the naturalization law regarding birth in the Canal Zone took effect in 1937. I think this is where most of the dispute comes from.
Even if the later law regarding naturalization for those born in the PCZ had been in effect at the time of his birth (and despite the fact that it was made retroactive), the fact remains that he is therefore a naturalized citizen and not a natural born citizen. He is therefore exactly equal to all other US citizens with the one and only exception outlined in the constitution, which is that he is ineligible to be President and therefore also ineligible to be Vice President.
Ulysses, The law you were referring to was not to change a law that had been in place at the time of McCain’s birth. That statute was used to define what constitutes a natural born citizen, because it had previously been undefined.
Actually, I was referring to USC1403, which states “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.” This was an update to USC173 which specifically excluded the Isthmian Canal Zone. The question of “natural born” was not raised in either statute. It was defined in the first naturalization law of 1790, but that statute was repealed long before McCain was born. It was most likely repealed specifically because they realized it was unconstitutional. Any statute assigning citizenship by definition assigns statutory citizenship. The constitution clearly states that all citizens have exactly the same rights except for one thing explicitly stated: Eligibility for the Presidency.
The account of John Sidney McCain III’s birth being in Coco Solo is a fabrication. This was popularized by the McCain legal defense team. The fabrication is that he was born in the Coco Solo hospital at the Naval Air Station. However, no hospital existed at Coco Solo until one was built five years after McCain’s birth. Although some people speculated that he must have been born at Colon, the fact of the location of his birth didn’t come out until recently. John McCain’s parents did not live on base. They lived in Colon, Republic of Panama.
There is a good deal of information available at http://PanamaJohn.dominates.us.
Here is the birth certificate. At the link you can also see the affidavit.
There is an alternative - Constitution Party 2008
Scott, this was actually ruled on it court just yesterday, scroll up for an update.
The dismissal of the case was due to the plaintiff not having standing in the case. In other words, the judge could not see any injury to the one who brought the lawsuit against the state of Californa.
The other comments from the judge were not any kind of judgment. The judge declined to judge this case. The judge did describe the process after the general election that may be used to challenge McCain’s eligibility to the office of President.
It also appears that the judge still believed McCain to be born in the Canal Zone. His birth records prove that he was not born in the Canal Zone. He was born in Colon, Republic of Panama.
You can see the full text of the dismissal right here: http://johnmccain.dominates.us/forum/viewtopic.php?f=10&t=16&#p808
I find it funny that McCain supporters are questioning Obama’s birth Place. Yet McCains own birth was outside of an Official US Territory. This matters greatly because the law covering military children states Official. Panama was never Official, we only had permission to be there as stated by Jimmy Carter. The law about Panama that went retroactive a year after he was born, clearly states ‘citizen’, making him a naturalized citizen, not born on US Soil or even a territory. If they change the law for him, then any naturalized citizen will be able to run. which mean Arnold Schwarzenegger will get to run!
Jul 24th, 2008 at 9:11 am
[…] most constitutional scholars have dismissed this argument as a previous presidential candidates were born under the same […]