III
110TH CONGRESS
2D SESSION S. RES. 511
Recognizing that John Sidney McCain, III, is a natural born citizen.
IN THE SENATE OF THE UNITED STATES
APRIL 10, 2008
Mrs. MCCASKILL (for herself, Mr. LEAHY, Mr. OBAMA, Mr. COBURN, Mrs. CLINTON, and Mr. WEBB) submitted the following resolution; which was referred to the Committee on the Judiciary
RESOLUTION
Recognizing that John Sidney McCain, III, is a natural born citizen.
Whereas the Constitution of the United States requires that, to be eligible for the Office of the President, a person must be a ‘‘natural born Citizen’’ of the United States;
Whereas the term ‘‘natural born Citizen’’, as that term appears in Article II, Section 1, is not defined in the Constitution of the United States;
Whereas there is no evidence of the intention of the Framers or any Congress to limit the constitutional rights of children born to Americans serving in the military nor to prevent those children from serving as their country’s President;
Whereas such limitations would be inconsistent with the purpose and intent of the ‘‘natural born Citizen’’ clause of the Constitution of the United States, as evidenced by the First Congress’s own statute defining the term ‘‘natural born Citizen’’;
Whereas the well-being of all citizens of the United States is preserved and enhanced by the men and women who are assigned to serve our country outside of our national borders;
Whereas previous presidential candidates were born outside of the United States of America and were understood to be eligible to be President; and Whereas John Sidney McCain, III, was born to American citizens on an American military base in the Panama Canal Zone in 1936:
Now, therefore, be it Resolved, That John Sidney McCain, III, is a ‘‘natural born Citizen’’ under Article II, Section 1, of the Con stitution of the United States.
" someone (David?) said that McCain was born in the Canal Zone but not "on base"" I did say that but I am no longer so sure. We are looking at that question.
There was no hospital on the Atlantic side of the zone and thus babies were delivered in Panama. However at some point, there was a hospital on the Pacific side and it may have been there when McCain was born. Were babies delivered there or was it just an emergency facility? Was McCain's father (Or more important, his mother)on the Atlantic side or the pacific side.
As to the resolution, this is exactly a demonstration why the distinction between what Congress does and what the Supreme Court does is important.
First place, the resolution is not law--it just expresses the sense of the Senate (with which the Senate could not get the house to go along and enact into law).
Second, what the Constitution means and how it is applied is just not within the purview of Congressional Action--to amend the Constitution to get it to say what Congress wants it to say, Congress needs to Amend the Constitution. Stuff like this where Congress is telling the Supreme Court how to interpret the Constitution, usually, in the view of guys who go down to the Courthouse every day, is counterproductive because the Supreme Court doesn't like it.
This is just paving the way for a similar resolution for BHO. And As far as I can tell it was purely unnecessary as JSMjr was military.