Replies

>No. As I understand it he was born in another hospital in Panama City — not the military hospital. That was the whole problem.<

Not looking for a constitutional argument, but will state one thing. It has been pretty well established and seems rightly so that the founders would not have wanted to exclude NBC from a child who’s parents were serving the United States at the time in the form of service.

So even back in the day, should a child have been born overseas in a foreign land as long as both parents were citizens - it stands to reason that they would have brought the child up with allegiance to the USA.

that was the intent of the NBC clause. That parents have allegiance and raise the child to have the same.

If he was born in a tent in eastern mongolia - as long as the parents were both citizens and serving the USA in an official capacity, it stands to reason that the founders wouldn’t have cared.

As I understand it, he was born in a US territory, on a US Armed Forces base, in a US Armed Forces hospital.

No. As I understand it he was born in another hospital in Panama City -- not the military hospital. That was the whole problem.

John Sidney McCain III was born at the Colon Hospital, located at Avenida Melendez and 2nd Street, Manzanillo Island, City of Colon, Republic of Panama. The time of birth on the birth certificate issued by Panama Railroad Company (that owned the Colon Hospital) was 5:25 PM and the day and date of birth was Saturday, August 29, 1936.

John McCain's father, John S. McCain Jr., was a US Naval officer serving in the Panama Canal Zone. His mother was Roberta Wright. Both were American citizens.

McCain gets his citizenship via the Immigration and Nationality Act -- "by statute."

Sec. 301. [8 U.S.C. 1401] The following shall be nationals and citizens of the United States at birth:

(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;

Sec. 303. [8 U.S.C. 1403] Persons born in the Canal Zone or the Republic of Panama on or after February 26, 1904

(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 Act, 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.

This case fails the test of jus soli -- NOT born in the USA
This case meets the test of jus sanguinis -- parents are US citizens
"At birth," this person was subject to the laws and jurisdiction of the United States and Panama, This person has "dual citizenship" via his birthplace. He is NOT a "natural born" citizen, and is NOT eligible to serve as Commander-in-Chief.