John Sidney McCain III was born at the Colon Hospital, located at Avenida Melendez and 2nd Street, Manzanillo Island, City of Colon, Republic of Panama. The time of birth on the birth certificate issued by Panama Railroad Company (that owned the Colon Hospital) was 5:25 PM and the day and date of birth was Saturday, August 29, 1936. His citizenship status was, from birth, also “governed” by Panamanian law. By Panamanian law, he acquired, at birth, the option of becoming a Panamanian citizen.
John McCain’s father, John S. McCain Jr., was a US Naval officer serving in the Panama Canal Zone. His mother is Roberta Wright. Both were American citizens.
McCain gets his citizenship via the Immigration and Nationality Act — “by statute.”
Sec. 301. [8 U.S.C. 1401] The following shall be nationals and citizens of the United States at birth:
(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;
Sec. 303. [8 U.S.C. 1403] Persons born in the Canal Zone or the Republic of Panama on or after February 26, 1904
(b) Any person born in the Republic of Panama on or after February 26, 1904, and whether before or after the effective date of this Act, whose father or mother or both at the time of the birth of such person was or is a citizen of the United States employed by the Government of the United States or by the Panama Railroad Company, or its successor in title, is declared to be a citizen of the United States.
This case fails the test of jus soli — NOT born in the USA
This case meets the test of jus sanguinis — parents are US citizens
This person has “dual citizenship” via his birthplace, is NOT a “natural born” citizen, and is NOT eligible to serve as Commander-in-Chief.
Doesn’t EVERYONE get their citizenship by statue? The idea that you if you are born here (on American soil) you are automatically a citizen is also a statue (14th Ammendment). So that line of reasoning is not compelling.
The idea that any foreign government granting you citizenship at birth is less than compelling too. What if Ireland decided to grant Irish citizenship to all persons who could show at least one grandparent was an Irish citizen, at birth. This would mean, according to your logic, that all said individuals would not be “natural born” US citizens.
You have provided legal excerpts proving that John McCain was a citizen at birth.
You have made a claim that there is a three part test to achieve the status of “Natural Born Citizen” as I understand it:
1. Parents were both citizens.
2. Parents had no other citizenship (not dual citizens)
3. Child wsa born on American soil.
Q1: Where, in law, do you see this three part test defined?
Q2: According to your view was Barry Goldwater eligible to run for POTUS in 1964? He was born in a Territory, not a state? What about Pat Buchanan? He was born in DC (I believe?) Are some territories better than others for your “jus soli” test. Again, where is this defined in law?