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To: Jack Black
RE: NB3 — I thought that McCain qualified by dint of being born on a U.S. military base (bases being considered U.S. soil, as are embassies).
3 posted on 01/01/2009 4:05:30 PM PST by USFRIENDINVICTORIA
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To: USFRIENDINVICTORIA
RE: NB3 — I thought that McCain qualified by dint of being born on a U.S. military base (bases being considered U.S. soil, as are embassies). Some interpreted it that way, others said only a state counts. This was also an issue when Goldwater ran in 1964, Arizona was a territory when he was born, not a state.

Others disputed that McCain was born on a base, saying the hospital was in the CZ, but not on the base. Others felt like the entire Canal Zone, in the period in question would qualify as US Territory.

As he didn't win we never had to argue about it too much.

6 posted on 01/01/2009 4:17:28 PM PST by Jack Black (ping can't be a tag line, can it?)
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To: USFRIENDINVICTORIA
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.

U.S. Department of State Bureau of Consular Affairs

Documentation of United States Citizens Born Abroad Who Acquire Citizenship At Birth

The birth of a child abroad to U.S. citizen parent(s) should be reported as soon as possible to the nearest American consular office for the purpose of establishing an official record of the child’s claim to U.S. citizenship at birth. The official record is in the form of a Consular Report of Birth Abroad of a Citizen of the United States of America. This document, referred to as the Consular Report of Birth or FS-240, is considered a basic United States citizenship document. An original FS-240 is furnished to the parent(s) at the time the registration is approved.

REPORTING THE BIRTH

A Consular Report of Birth can be prepared only at an American consular office overseas while the child is under the age of 18. Usually, in order to establish the child’s citizenship under the appropriate provisions of U.S. law, the following documents must be submitted:

(1) an official record of the child’s foreign birth;
(2) evidence of the parent(s)’ U.S. citizenship (e.g., a certified birth certificate, current U.S. passport, or Certificate of Naturalization or Citizenship);
(3) evidence of the parents’ marriage, if applicable; and
(4) affidavits of parent(s)’ residence and physical presence in the United States.

In certain cases, it may be necessary to submit additional documents, including affidavits of paternity and support, divorce decrees from prior marriages, or medical reports of blood compatibility. All evidentiary documents should be certified as true copies of the originals by the registrar of the office wherein each document was issued. A service fee of $65 is prescribed under the provisions of Title 22 of the Code of Federal Regulations, Section 22.1, item 9, for a Consular Report of Birth.

8 posted on 01/01/2009 4:27:51 PM PST by Red_Devil 232 (VietVet - USMC All Ready On The Right? All Ready On The Left? All Ready On The Firing Line!)
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To: USFRIENDINVICTORIA

No, McCain was born in a Panama hospital. He derived his American citizenship at birth - even though on foreign soil - because both parents were American citizens at the time, and they took the proper steps to register his birth with Consular authorities. Something very similar happened to me in 1939.


21 posted on 01/01/2009 5:58:45 PM PST by MainFrame65 (The US Senate: World's greatest PREVARICATIVE body!.)
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To: USFRIENDINVICTORIA
RE: NB3 — I thought that McCain qualified by dint of being born on a U.S. military base (bases being considered U.S. soil, as are embassies).

First of all, he was not born on a base, nor even in the canal zone, but rather just outside of both, in Panama. He is a natural born citizen because *both* of his parents were US Citizen. Secondly being born on a US base is not sufficient for either citizenship by law or natural born citizenship. However under current law, almost all citizen service members would qualify to pass on citizenship to their children, even if the other parent is a non citizen.

If some local woman who works at the Airman's club gives birth on an overseas base, the child will not be a US citizen, unless of course the father is a citizen and acknowledges paternity or is married to the woman.

25 posted on 01/01/2009 10:03:27 PM PST by El Gato ("The Second Amendment is the RESET button of the United States Constitution." -- Doug McKay)
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