[Cyropaedia]

But both his parents were U.S. citizens, and his father was active duty military personnel (Navy). Under the UCMJ that qualifies McCain as a "natural born citizen".

An officer's tour of duty might require them as well as their spouse to be out of the country when their child is born, so they make that kind of allowance (regardless of the location of the birth).

[David]

But both his parents were U.S. citizens, and his father was active duty military personnel (Navy). Under the UCMJ that qualifies McCain as a "natural born citizen".

An officer's tour of duty might require them as well as their spouse to be out of the country when their child is born, so they make that kind of allowance (regardless of the location of the birth).

How about when my wife was pregnant and I was (private lawyer, private practice, representing a military FMS contractor) out of the country negotiating supply contract with ROK Navy? I didn't take her with me but I might have; and the kid might have been born while we were there?

Isn't what you are really saying that it is unfair to deprive the son of a military officer of a Constitutional privilege because his wife accompanied him on an out of Country assignment? The Supreme Court's historical answer to that kind of question is to say, "well if you think that is unfair and it is a problem, you always have the Amendment process to fix it for the next guy".

The UCMJ can fix the problem as far as making the son a citizen. But what it can't do is amend the Constitution to fix the Constitutional issue. Substantively, McCain is stuck. Fair? No. But stuck anyway. Get Congress going on a Constitutional Amendment--you have six months to get 38 states to ratify--piece of cake.

[Ron Jeremy]

But both his parents were U.S. citizens, and his father was active duty military personnel (Navy). Under the UCMJ that qualifies McCain as a "natural born citizen"

Yes.. I was just stating fact... I don't think that fact matters.