McCain's Canal Zone Birth Prompts Queries About Whether That Rules Him Out

New York Slimes ^ | February 28, 2008 | Carl Hulse

[Kaslin]

WASHINGTON — 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.

Mr. 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 H. Duggin, an associate professor of law at Catholic University who has studied the issue extensively. “It is not a slam-dunk situation.”

Mr. 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 Mr. McCain meets the requirement and note that the question was researched for his first presidential bid in 1999 and reviewed again this time around.

[FreeAtlanta]

Rats. Missed it by this much. 2 years and he wouldn't have been eligible. sigh

[Jeff Head]

It is not a problem for either one. Each had at least one US parent. Goldwater, I believe, was born in Arizona when it was still a territory. Congress took care of this long ago.

Congress first extended citizenship to children born to U.S. parents overseas on March 26, 1790, under the first naturalization law:

"And the children of citizens of the United States that may be born beyond sea, or outside the limits of the United States, shall be considered as natural born citizens."

[jmaroneps37]

He was born in a naval hospital to American parents. Isn’t this the same bunch at the slimes who would cry if we ever stopped the anchor baby scam.

[Jeff Head]

Researching this further, for a person born outside the United States to two US citizen parents, or to any person born with a US state, the rules are pretty straight forward. But, through the years, the rules for a child born to a single US parent outside the US are somewhat less clear, particularly to a single mother.

In McCain's case, since both his parents are US citizens there is no problem. In Obama's case, even though only his mother was a US citizen, since he was born in Hawaii and it was already a state, there is also no problem.

[cbkaty]

Jeff...from a layman’s standpoint, I agree, but the courts pick fly s_it out of pepper....so...I expect a possible Supreme Court decision one day.

Since this issue has never been reviewed, my fear is that a liberal Supreme Court would rule that Natural Born is discriminatory...therefor for diversity’s sake, natural born will become “people of the World”........

[Dr. Scarpetta]

Remember when Al Gore and democrats tried to deny military absentee ballots in 2000? NYT’s and democrats will stop at nothing. I’m actually astonished they would question a birthplace on a military base in order to stop a Republican candidate.

[cubreporter]

True. Just seems so senseless someone would be that ignorant not to know that. Just tryin’ to stir the pot I am sure. There will be lots more than that.

[BibChr]

...because, though he’s been running for President for, like, 400 years, no one has thought of this?

[Kaslin]

It’s been brought up before, but there is nothing to it. McCain is eligble

[longtermmemmory]

utter nonsense.

If a foreign born person wishes to claim citizenship via a US parentage, that US parent has to have lived in the USA for ten years. MILIATARY SERVICE regardless of location counts as those ten years. This is jus one illustration.

The fact that the US OWNED the panama cannal only adds fuel to the absurdity of this NYT slime effort.

I am no mccain supporter but this is just plain evil in reporting.

[longtermmemmory]

THANK YOU!

NYTs could have found this information in a nano-second. Why didn’t they report it? THIS FACT YOU FOUND IS A CULPABLE NEGLIGENCE OF THE NYT.

[longtermmemmory]

The slimes were bitching about Madalin Albright being ineligible. They like their little christian blood bath creators.

[Col Sanders]

...for a person born outside the United States to two US citizen parents[...]the rules are pretty straight forward.

Do more research. There are very specific laws in the US code that deal with this, but I don't feel like looking them up right now...However, believe me when I tell you that it's anything but "straightforward".

I was born in 1966 in Stuttgart, Germany in a US military hospital. My father was a natural-born US citizen serving in the Army and my mother was a natural-born US citizen and his wife. The doctors and nurses were all Army officers and the US flag flew over the hospital.

However, despite all of that I have a German birth certificate and I was naturalized in 1968 at a Federal Courthouse in New Orleans, LA. In addition, when I turned eighteen I was in boot camp for the US Navy and was required to re-affirm my oath of citizenship or face deportation.

I'm not a natural-born citizen, I'm a naturalized citizen who keeps his naturalization papers in a very expensive fireproof safe. I'm also not qualified for the office of president - Not that I'd ever want it.

Col Sanders

[Jeff Head]

I was born in 1966 in Stuttgart, Germany in a US military hospital. My father was a natural-born US citizen serving in the Army and my mother was a natural-born US citizen and his wife. The doctors and nurses were all Army officers and the US flag flew over the hospital.

Then, IMHO, you have been royally screwed, either through bad paperwork or some other complication because by law you should be a natural born US citizen. If both parents are US citizens and particularly if you are born in a US facility (particularly the military) then the current law is pretty straight forward from what I have read. I will cite chapter and verse later tonight when I can look it up specifically.

[Jeff Head]

Ok...after further research, like you said, it is not as straight forward as I thought.

As best as I can summarize it, according to section 301 of the Immigration and Nationality Act (INA), the following hold true for those born outside of the United Sttaes to one or two US citizen parents.

Through birth abroad to two United States citizens:

A person is considered a natural born U.S. citizen if both of the following are true:

1) Both parents were U.S. citizens at the time of the child's birth.
2) At least one parent lived in the United States prior to the child's birth.

A person's record of birth abroad, if registered with a U.S. consulate or embassy, is proof of his or her citizenship. He or she may also apply for a passport or a Certificate of Citizenship to have his or her citizenship recognized.

Through birth abroad to one United States citizen a person is considered a natural born U.S. citizen if all of the following are true:

1) One of his or her parents was a U.S. citizen at the time of the person in question's birth;
2) The citizen parent lived at least 5 years in the United States before his or her child's birth;
3) At least 2 of these 5 years in the United States were after the citizen parent's 14th birthday, except before November 14, 1986, where a person is a citizen if his or her U.S. citizen parent lived in the U.S. for at least 10 years and 5 of those years in the U.S. were after the citizen parent's 14th birthday. The newer law does not apply retroactively.

A person's record of birth abroad, if registered with a U.S. consulate or embassy, is proof of his or her citizenship. Such a person may also apply for a passport or a Certificate of Citizenship to have his or her citizenship recognized.

Anyhow, this is how I read it. I am sure, after looking at all of this, that a lawyer would have to be involved to make sense of it in some cases. Thanks for your own personal example that got me to look even deeper. I believe, if both of your paretns were US citzens at the time of your birth abroad, and at least one of them lived in the US for some time prior to your birth that your case should be an open and shut case of natural US citzenship. But again, that's just how I read it, apparently it also had to be applied for in that manner at a US embassy or consulate at the time.

[Col Sanders]

I believe, if both of your paretns were US citzens at the time of your birth abroad, and at least one of them lived in the US for some time prior to your birth that your case should be an open and shut case of natural US citzenship

You would think wouldn't you? And I think it is that way today.

However, take my word for it - If there were any way my parents could have prevented me being naturalized, they would have done so. At the time I was born, the laws were very specific and military procedures were adhered to very strictly - My birth was handled per those procedures, much to the chagrin of my mother.

I have since inquired and been told that I could possibly do away with my naturalization and be regarded as natural-born, but I'd have to hire an immigration attorney to navigate the system.

I'd rather spend my money on a safe - I find it to be infinitely more useful than just about any lawyer I've ever met.

Col Sanders