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

Skip to comments.

Calif. lawsuit challenges McCain candidacy
Legal News Line ^ | 8/13/08 | Chris Rizo

Posted on 08/13/2008 6:22:21 AM PDT by jasonmyos

SAN FRANCISCO (Legal Newsline)-A John McCain presidency would be illegal because the Arizona senator was not born in the United States, says a lawsuit filed by the American Independent Party.

The minor party says it wants McCain's name removed from ballots in California because federal law would bar the former Vietnam War POW from taking office were he to be elected in November, according to the lawsuit filed in U.S. District Court in San Francisco.

Article II of the U.S. Constitution disqualifies McCain from assuming office because he was born in the Commonwealth of Panama in 1936, while his father was stationed at Coco Solo Naval Air Station in the Panama Canal Zone, the lawsuit contends.

(Excerpt) Read more at legalnewsline.com ...


TOPICS: Government; Politics/Elections; US: California
KEYWORDS: 2008; aip; democrats; election; electionpresident; elections; judiciary; keyes; markhamrobinson; mccain; mccainlist; republicans
Navigation: use the links below to view more comments.
first previous 1-2021-4041-6061-8081-85 last
To: mnehrling
Also, the law that was written in 1937 validated retroactively that anyone born after February 26, 1904 is a natural born citizen.

Is that what it did, or did it naturalize them?

81 posted on 08/13/2008 7:08:52 PM PDT by EternalVigilance (God exists. What impact does that fact have on your plans?)
[ Post Reply | Private Reply | To 60 | View Replies]

To: Petronski
By endorsing this silly lawsuit, Keyes showed he is ignorant of the Constitution.
82 posted on 08/13/2008 10:02:21 PM PDT by yongin
[ Post Reply | Private Reply | To 24 | View Replies]

To: EternalVigilance
Is that what it did, or did it naturalize them?

It stated very specifically that anyone born on or after February 26,1904 are considered Natural Born Citizens IF they weren't already considered Native Born Citizens. The actual quote from the law 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"
This issue has been addressed time and time again and has always been reinforced through federal law that the statute recognizes anyone from 1904 forward.
http://www.uscis.gov/propub/DocView/afmid/dat/I_360.PDF
McCain may not even need the 1937 law because if he was born on a US Military base, to US Citizen Parents, he would be considered a Native Born Citizen, thus, Naturalization laws would be unnecessary.

83 posted on 08/14/2008 6:41:51 AM PDT by mnehring
[ Post Reply | Private Reply | To 81 | View Replies]

To: yongin
By endorsing this silly lawsuit, Keyes showed he is ignorant of the Constitution.

Alan Keyes does not endorse this lawsuit. He believes that John McCain is a natural born citizen, based on the fact that his parents were American citizens. He has made that clear since he first heard these issues raised many months ago.

84 posted on 08/14/2008 10:03:38 AM PDT by EternalVigilance (God exists. What impact does that fact have on your plans?)
[ Post Reply | Private Reply | To 82 | View Replies]

To: mnehrling

Thank you for that. You’ve obviously done some homework.

But was McCain born in the Canal Zone or on a military base?

I’ve seen the claim made that he was born in a civilian hospital in the Republic of Panama, in the Panama Canal Company Hospital in Colon.

I think these are the exact questions that the lawsuit revolves around.


85 posted on 08/14/2008 10:24:48 AM PDT by EternalVigilance (God exists. What impact does that fact have on your plans?)
[ Post Reply | Private Reply | To 83 | View Replies]


Navigation: use the links below to view more comments.
first previous 1-2021-4041-6061-8081-85 last

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

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