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To: Danae
According to nndb: Born 1936 in the Panama Canal Zone, to military parents. The United States has never had sovereignty over any part of Panama, thus the 14th Amendment's words, "born or naturalized in the United States", do not apply. Congress passed a law on 4 August 1937 retroactively granting those born in the Canal Zone after 1904 US citizenship, nearly one year after McCain's birth. That law (50 Stat. 558, now codified as 8 USC § 1403) states: "Any person born in the Canal Zone on or after February 26, 1904, and whether before or after the effective date of this chapter, whose father or mother or both at the time of the birth of such person was or is a citizen of the United States, is declared to be a citizen of the United States." It is thus certain the McCain is a US citizen, but his status as "natural born citizen" may be questioned.

While the record remains muddy, based on searching a number of Internet sites, it would seem that the Congressional law passed in 1937 would trump the citizenship issue but, as the citation notes, does leave the "natural born citizen" issue unclear.

8 USC Section 1403 states - " TITLE 8 > CHAPTER 12 > SUBCHAPTER III > Part I > § 1403 § 1403. Persons born in the Canal Zone or Republic of Panama on or after February 26, 1904:
(a) Any person born in the Canal Zone on or after February 26, 1904, and whether before or after the effective date of this chapter, whose father or mother or both at the time of the birth of such person was or is a citizen of the United States, is declared to be a citizen of the United States.
(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 chapter, 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."

68 posted on 10/20/2011 3:18:12 PM PDT by DustyMoment (Congress - Another name for white collar criminals!!)
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To: DustyMoment
is a citizen of the United States, is declared to be a citizen of the United States

A Natural Born Citizen is a Citizen. A Citizen is NOT necessarily a Natural Born Citizen. The two are NOT the same. I am certainly not saying McCain isn't a citizen! Not even remotely. He isn't a Natural Born Citizen and that comes from Minor v. Happersett and the legal defination it created. It is why McCain didn't challenge Obama on it. He could not have stood up to the light of minor even with his shiney new Senate Resolution.
74 posted on 10/20/2011 3:53:29 PM PDT by Danae (Anailnathrach ortha bhais beatha do cheal deanaimha)
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