Sifting through what you’ve written.
In the meantime, let’s say, hypothetically, that there was a valid and fully incorporated 14th Amendment to the Constitution of Panama at the time of John McCain’s birth, and that McCain was born in Colon Hospital, Colon, Panama as has been alleged.
Also hypothetically, in 2021, an astute commenter named branch pusher says the following on FR about that amendment of the Constitution of Panama:
All persons born within the territory and jurisdiction of Panama, and subject to its jurisdiction, i.e., subject to its laws, regardless of parentage, are born citizens of Panama, pursuant to the black letter text of the 14th Amendment.
So we have woodpusher saying McCain is a born citizen of the United States, and branchpusher saying Mchain is a born citizen of Panama.
Can both be correct?
Let’s further say that the Constitution of Panama has an identical provision to the U.S. Constitution, confining the office of President of Panama only to Natural Born Citizens of Panama. Is it possible that McCain can be a Natural Born Citizen of the United States AND a Natural Born Citizen of Panama, simultaneously eligible to run for and hold both countries’ office of President?
hypothetically, in 2021, an astute commenter named branch pusher says the following on FR about that amendment of the Constitution of Panama:All persons born within the territory and jurisdiction of Panama, and subject to its jurisdiction, i.e., subject to its laws, regardless of parentage, are born citizens of Panama, pursuant to the black letter text of the 14th Amendment.
So we have woodpusher saying McCain is a born citizen of the United States, and branchpusher saying Mchain is a born citizen of Panama.
Can both be correct?
Both could be correct. U.S. determination of its citizenship is a strictly domestic affair, as is such determination by every sovereign nation on earth.
Panama is free to determine who is a citizen of Panama pursuant to Panamanian law. That has no affect effect whatever on U.S. citizenship.
If birther theory were correct, The Duchy of Grand Fenwick could extend citizenship to all persons born in the United States who are not accredited members of an Indian tribe, the result being that the only persons eligible to run for President would be accredited members of an Indian tribe. The definition of U.S. citizenship is not at the mercy of any foreign law.
United States law is not changed by what any foreign nation enacts as its domestic law. The Constitution and all of its provisions are irrelevant to United States domestic law. U.S. law is the supreme law within U.S. territory.
It is quite impossible to be born under the territorial jurisdiction of more than one sovereign.
Let’s further say that the Constitution of Panama has an identical provision to the U.S. Constitution, confining the office of President of Panama only to Natural Born Citizens of Panama. Is it possible that McCain can be a Natural Born Citizen of the United States AND a Natural Born Citizen of Panama, simultaneously eligible to run for and hold both countries’ office of President?
To put your hypothetical to a more real life test, consider the child born in Belfast, Northern Ireland in 1970 to two parents born in Belfast, and who had never left Belfast. As Northern Ireland was (still is) part of the United Kingdom, the child would be a citizen of the UK. However, prior to the change of its constitution following the Good Friday Agreement, Eire (the Republic of Ireland) claimed all 32 counties, including those of Northern Ireland, whilst conceding only that it could not then govern over what it considered to be six counties of Ireland under British occupation. As far as Ireland was concerned, such child was born in Ireland and could obtain an Irish passport and become Taoseach. According the the UK, the child could become Prime Minister. Notably, it is unlikely that the child could reach adulthood and maintain its sole, official residence of record in both nations simultaneously.