A Hint of New Life to a McCain Birth Issue

New York Times ^ | July 11, 2008 | Adam Liptak

[reaganaut1]

In the most detailed examination yet of Senator John McCain’s eligibility to be president, a law professor at the University of Arizona has concluded that neither Mr. McCain’s birth in 1936 in the Panama Canal Zone nor the fact that his parents were American citizens is enough to satisfy the constitutional requirement that the president must be a “natural-born citizen.”

The analysis, by Prof. Gabriel J. Chin, focused on a 1937 law that has been largely overlooked in the debate over Mr. McCain’s eligibility to be president. The law conferred citizenship on children of American parents born in the Canal Zone after 1904, and it made John McCain a citizen just before his first birthday. But the law came too late, Professor Chin argued, to make Mr. McCain a natural-born citizen.

“It’s preposterous that a technicality like this can make a difference in an advanced democracy,” Professor Chin said. “But this is the constitutional text that we have.”

[El Gato]

McCain may not have been born just in the Canal Zone, but rather on a US military base in that zone, with his father (and grandfather) serving Naval officers at the time. (I think Gramps was the CO of the base at the time, Dad was XO of a sub stationed there.)

That makes his situation a bit different than the child of a civilian employee of the canal authority. I don't know if the end conclusion is different or not, but the different circumstance needs to be taken into account.

[Kevmo]

This primary source material should be posted on this thread, so I’m taking the liberty to do so. Please direct replies to Gatún(CraigIsaMangoTreeLawyer)...

http://www.freerepublic.com/focus/news/2040486/posts?page=2929

To: David
…”professor at the University of Arizona has concluded that neither Mr. McCain’s birth in 1936 in the Panama Canal Zone nor the fact that his parents were American citizens is enough to satisfy the constitutional requirement…”

David,

Take a good look at McCains birth certificate.

He was not born in the Canal Zone, U.S. Territory.

He was born in Colón, Republic Panama, a foreign country.

Can’t these “professors” read?

After he was born in Colón, Republic Panama, on 29 August, his birth was “registered” (a key word) at Balboa Heights, Canal Zone, on 10 September 1936.

This involved taking John’s Panamanian birth certificate and presenting it at the registrars office of vital statistics in the Canal Zone.

This would also require the parents to prove who they were.

They never registered John in the Republic of Panama in El Registro Publico (The Public Registry). They just bypassed it and left for the U.S.

Just because he was not registered with the Panamanian Government, does not make him less of a Panamanian. He still is one.

Solid proof of this is shown in the Certificate of Live Birth issued by the Canal Zone. It states born in “Colon.”

There was no hospital in Coco Solo, Canal Zone, at that time. It was built in ‘41-’42 long after he was born and gone.

There is nothing difficult to understand about this.

He was born a Panamanian citizen.

Crumbs!!! I know this inside out and outside in.

I live in Panama and have personally worked with this very problem. A lot of folks never registered their birth in Panama before they left for the States, and now want their official Panamanian documents. I tell them what they need and what to do.

Regards.

2,929 posted on Friday, July 11, 2008 10:46:40 AM by Gatún(CraigIsaMangoTreeLawyer)
[ Post Reply | Private Reply | To 2920 | View Replies | Report Abuse]

[David]

I was just quoting what the article said--I knew because Gatun has provided me with complete information on the subject for some time that McCain was born outside the zone.

[El Gato]

Because he was born in Hawaii.

And you know this how?

[El Gato]

There was no hospital in Coco Solo, Canal Zone, at that time.

(1)Not everyone was born in a hospital, especially in 1936.
(2)Turns out there was a small hospital facility at Coco Solo, and that JMC's birth certificate was signed by a UN Navy physician/officer.

Take a good look at McCains birth certificate.

I'd love to. Anyone have a link?

[justiceseeker93]

This Chin is merely a "useful idiot" creating a smokescreen to obscure the real constitutional issue, which is whether or not Barack Hussein Obama is a natural US citizen.

As we on FR know, Obama and his campaign have yet to produce a genuine birth certificate showing that he was indeed born in the US or in a US territory. Until such time as he does so, Obama cannot claim that he satisfies the "natural born citizen" requirement of the Constitution. In fact, litigation challenging Obama's status should stand a much better chance of success than the frivilous lawsuit in NH challenging McCain's.

The Times' article is also noteworthy for its failure to mention a precedent which should be dispositive of the McCain issue. Back in 1964, a federal court ruled that Barry Goldwater, born in Arizona Territory in 1909 (three years before Arizona achieved statehood) to citizen parents, was indeed a "natural born citizen" and constitutionally eligible to serve as president.

[dforest]

I think Obama and McCain should be dumped. That would be great.

[justiceseeker93]

For the purposes of determining whether McCain is a "natural born citizen," it does not make a dime's worth of difference that his father and/or his grandfather were naval officers at the the time of his birth.

If, hypothetically, McCain's parents were both American citizens and neither were in the military at the time he was born in an American territory, he would still quilify as a "natural born citizen." That would be almost the exact same case as the one regarding Barry Goldwater (born to two citizen parents in Arizona Territory in 1909). The Goldwater case was decided in his favor by a federal court in 1964.

[justiceseeker93]

What they want to do is create a doubt about the constitutionality of him running...

Not exactly. What they want to do is obfuscate the much more serious constitutional question of Obama's possible lack of natural born citizen status!

Please see my post # 66.

[justiceseeker93]

Ping!!!

Pleas see my posts 66, 68, and 69,

[SunkenCiv]

Thanks justiceseeker93.

http://www.freerepublic.com/focus/f-news/2043909/posts?page=66#66
http://www.freerepublic.com/focus/f-news/2043909/posts?page=68#68
http://www.freerepublic.com/focus/f-news/2043909/posts?page=69#69

[Red Steel]

McCain showed his paper birth certificate to reporters and we’re still waiting for Obama to show his, not that photoshopped image.

[ml/nj]

The Goldwater case was decided in his favor by a federal court in 1964.

Do you have more details on this case? I have previously asked about who would have standing to bring the natural born citizen question to court without receiving a satisfying answer.

ML/NJ

[Red Steel]

Everyone notice it’s the MSM that brings up the McCain foreign born issue and ignores the obvious bogus Obama birth certificate?

[snugs]

That was my understanding as well regardless about when the canal zone qualified he qualifies because his father was in the military. My understanding is that if a child is born aboard due to their father being stationed abroad then the child is still eligible to run for President.

[counterpunch]

What law overrode the 1790 law saying all children born to two citizen parents “beyond sea, or outside the limits of the United States, shall be considered as natural born citizens”?

That isn't even necessary.
John McCain was born in a US naval hospital, which is automatically sovereign US soil.
This "law professor" is a complete idiot.
 

[piytar]

I’ll go with “both.”

[Vigilanteman]

[exit82]

I also wrote the article’s author asking for such an inquiry into Mr. Obama’s birth certificate to settle the issue after his “Certificate of Birth” has been exposed as phony.

Also that Prof. Chin is all wet, as the 14th Amendment does not apply, and almost 80 years before , a 1790 law had been passed that covers John McCain and makes the place of his birth a non-issue, as both parents were American citizens.

We should still push Obama to provide his birth certificate, even if only to make him accountable—he slides away with no accountability or information about his past other than the scrubbed clean media version.

[justiceseeker93]

Speaking of Obama’s past and his accountability, it might be very interesting to review the short biographical film that was seen by the Democratic Convention in 2004 to introduce his speech there. I recall there were photos of his father and his mother and some references to their backgrounds as well.