Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: rolling_stone
There is a specific Act of Congress, passed when many Americans were moving to the Canal Zone to build the Panama Canal, which recognizes that children born to American mothers, in Panama, ARE American from birth. The word "naturalized" has a meaning from when it was written into the Constitution. It means to accept someone, by law, into American citizenship.

One can only be naturalized if one is first born as a citizen of some other country or place. No one who is a citizen "at birth" ever needs to be naturalized. So, the only way that the "McCain-Panama" question is not a slam dunk, is if Congress lacked the power to do what it did, when Teddy Roosevelt was President.

Don't read a lot into what Congress has or has not passed in recent years. When you do that, you're assuming that Congress is AWARE of what prior Congresses have done. Unfortunately, many Members are dumb as a hoe handle about their own, legislative past.

John / Billybob

12 posted on 02/28/2008 8:56:00 AM PST by Congressman Billybob (www.ArmorforCongress.com)
[ Post Reply | Private Reply | To 8 | View Replies ]


To: Congressman Billybob; rolling_stone
Drinking Coffee Actually you are describing Title 8, Section 1403 when you speak of the law concerning the Panama Canal Zone and the nation of Panama. In 8 USC 1403, the law states that anyone born in the Canal Zone or in Panama itself, on or after February 26, 1904, to a mother and/or father who is a United States citizen, was "declared" to be a United States citizen. Note that the terms "natural-born" or "citizen at birth" are missing from this section.

However, it should be noted that section 1403 was written to apply to a small group of people to whom section 1401 did not apply. McCain is a natural-born citizen under 8 USC 1401(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."

Currently, Title 8 of the U.S. Code fills in those gaps. Section 1401/a> defines the following as people who are "citizens of the United States at birth:"

AnAnyone falling into these categories is considered natural-born, and is eligible to run for President or Vice President. These provisions allow the children of military families to be considered natural-born, for example.

Separate sections handle territories that the United States has acquired over time, such as Puerto Rico (8 USC 1402), Alaska (8 USC 1404), Hawaii (8 USC 1405), the U.S. Virgin Islands (8 USC 1406), and Guam (8 USC 1407). Each of these sections confer citizenship on persons living in these territories as of a certain date, and usually confer natural-born status on persons born in those territories after that date. For example, for Puerto Rico, all persons born in Puerto Rico between April 11, 1899, and January 12, 1941, are automatically conferred citizenship as of the date the law was signed by the President (June 27, 1952). Additionally, all persons born in Puerto Rico on or after January 13, 1941, are natural-born citizens of the United States. Note that because of when the law was passed, for some, the natural-born status was retroactive.

Reference: http://www.usconstitution.net/consttop_citi.html

14 posted on 02/28/2008 9:49:03 AM PST by HawaiianGecko
[ Post Reply | Private Reply | To 12 | View Replies ]

To: Congressman Billybob
many Members are dumb as a hoe handle about their own, legislative past

At least one of them thinks our astronauts landed on Mars. Here's hoping you win your election and reduce the number of hoe handles.

29 posted on 02/28/2008 8:02:54 PM PST by Rocky
[ Post Reply | Private Reply | To 12 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson