Feb 28 2008
Something to consider: Is McCain ineligible to be President by virtue of his birthplace?
I doubt it, but I do expect this to be raised by many in the coming months:
McCain’s birthplace prompts queries about whether that rules him out
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.
…
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.
Duggin and others who have explored the arcane subject in depth say legal argument and basic fairness may indeed be on the side of McCain, a longtime member of Congress from Arizona. But multiple experts and scholarly reviews say the issue has never been definitively resolved by either Congress or the Supreme Court.
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McCain’s citizenship was established by statutes covering the offspring of Americans abroad and laws specific to the Canal Zone as Congress realized that Americans would be living and working in the area for extended periods. But whether he qualifies as natural-born has been a topic of Internet buzz for months, with some declaring him ineligible while others assert that he meets all the basic constitutional qualifications — a natural-born citizen at least 35 years of age with 14 years of residence.
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“I don’t think he has any problem whatsoever,” said Nickles, a McCain supporter. “But I wouldn’t be a bit surprised if somebody is going to try to make an issue out of it. If it goes to court, I think he will win.”
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Lawyers who have examined the topic say there is not just confusion about the provision itself, but uncertainty about who would have the legal standing to challenge a candidate on such grounds, what form a challenge could take and whether it would have to wait until after the election or could be made at any time.
As I said, I expect this to get more play soon…particularly if he seems likely to win in November.
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10 Responses to “Something to consider: Is McCain ineligible to be President by virtue of his birthplace?”
This is so lame I can’t believe anyone is trying to make a big deal about it. What are they so afraid of when it comes to John uh?
Military bases are considered part of the US. Just like embassies are considered a piece of that country in another country.
This is a non-starter. The Obama camp and the MSM must be getting worried for them to bring this up
ETC(SW/AW)
USN Ret.
They are absolutely terrified of John McCain. They keep coming up with issues that just don’t hold water.
Of course, this is not an issue, just like Jo and ANC said.
I have wondered about Obama. His father was not an American citizen and Obama did not actually grow up in America. He grew up (for the most part) in Indonesia. So he hasn’t really had the ‘American’ experience, so to speak. I would think that Obama wouldn’t want to go there with McCain.
They are VERY afraid of McCain and I think with good reason.
Leap Year Leap Day Links…
I just thought the photo above was beautiful, so I figured I’d add it. Something about it seemed to me to fit with the mysteries of Leap Year. I know, leap year is not all that mysterious, but the photo seems to me to be. I shamelessly grabbed t…
Heh. The New York Times is desperate. They would go with a long-discredited meme, just to raise doubts in people’s minds! I guess their hit piece last week didn’t go anywhere, so they’re going with Plan B now.
Do they think we’re all stupid?
It will really depend on how you define “natural born Citizen.” Since Senator McCain was born of US Parents, he is indeed eligible as he is a “natural born Citizen” by virtue of his birth. The Constitution does not state that you must be born within the borders of the United States, only that you MUST be a “natural born Citizen.” Just my nickel’s worth.
Sarge, Out
Yeah this is a non-issue. Not worth the print, but I’m sure the NYT is just getting started with McCain.
“The Constitution does not state that you must be born within the borders of the United States, only”
The Constitution states you must be a “natural born citizen” and does not adequately define what “natural born” means. The 1790/1795 law implies that he is “natural born.” However, Congress cannot pass a law that changes the constitution. So, this law probably doesn’t mean much.
Additionally, the 14th amendement, which passed after the 1795 law would seem to take precedent and it seems to imply that people born in the United States are citizens by birth (jus soli) and are natural born, therefore those born outside to US Citizen parents are (jus sanguinis / by right of blood) and are therefore “citizens at birth” or “naturalized” and not “natural born.”
The State Department in it’s FAM (Foreign Affairs Manual) states that embassies, off-shore military bases, and U.S. territories do not count for the 14th amendment. Although, again… the State Department cannot re-interpret the Constitution, only a court can.
The issue is highly complex and has no simple answer.
I note that it is being pushed by Ron Paul and not Senator Obama. Obama has offered to sponsor a bill in the Senate declaring John McCain a natural born citizen.
Although, as a former Constitutional law professor Obama must realize that any law passed by Congress is fairly meaningless.
To legally define the term “natural born” Congress must ammend the constitution. Which would mean getting 2/3 of the House and Senate for vote for it and then 75% of the states to ratify it. That is clearly not going to happen before November.
I don’t think I would refer to the US Constitution as a “technicality” or “non-issue” myself.
Oooops. I failed to mention that in addition to an amendment to the Constitution, a court can also interpret the constitution right now. A court could interpret the definition of “natural born” to include or not include John McCain.
This could be appealed and the U.S. Supreme Court would have the final word. (Unless, of course, Congress does amend the Consutition, in which case, they have the final word).
“I have wondered about Obama. His father was not an American citizen and Obama did not actually grow up in America. He grew up (for the most part) in Indonesia.”
Obama was born in Hawaii, two years after it became a state. There is no question that he is “natural born.”
He lived in Jakarta Indonesia for 4 years as a small child (ages 7 to 10). If you believe that makes him not American enough you can express that at the ballot box.