Is Panamian Born John McCain a "Natural Citizen" under Constitutional qualifications for President?

To clarify my earlier question the following facts should be considered: 1. McCain was born in Coco Solo, Panama in 1936 to US Military/Citizen Parents. 2. The Naturalization Act of 1940 specifically excluded the Panama Canal Zone; 3. The Navy Hospital at Coco Solo was not included in the US Navy controlled property until Executive Order 8981 was signed on December 17, 1941. 4. Under Panamian law, McCain is a Panamian Citizen (unless he formally renounces it to an authorized Panamian Official - has he done this?) 5. 8 USC 1403 which deals with Citizenship of persons born in the Panama Canal Zone after 1904 declared that all persons so born are US Citizens was not in effect until 180 days after June 27, 1952. There is NO DOUBT that McCain is a US Citizen. The unresolved issue is whether he is a "Natural Citizen" as required by the Constitution. The important question is that was the difference between a "Natural Citizen" and a Citizen on the date that McCain was born. Not what is the law now. The significance of this is that the Supreme Court has never ruled on this issue. What would happen if McCain won and Gore sued and the Supreme Court ruled that on his birth in 1936 McCain was not a "Natural Citizen" but a "derived Citizen"? Would the Vice President immediately become President and all the bills/laws signed by McCain become void? Congress did on March 26, 1790 under the first naturalization law: state: "And the children of citizens of the United States that may be born beyond sea, or outside the limits of the United States, shall be considered as natural born citizens." However, that Act was repealed by an Act of Congress dated Jan 29, 1795 Chapter 20. It has been changed many times since. On McCain's birthdate in 1936, the citizenship of a child born to US parents was not automatic (natural born), but had to be granted by the State Department since he was NOT born in a US Territory! See 81 F.2d 940 MOCK GUM YING v. CAHILL, Com'r of Immigration, etc. No. 7968. Circuit Court of Appeals, Ninth Circuit. February 10, 1936. For example, The Act of February 10, 1855, 10 Stat. 604, , was entitled 'An act to secure the right of citizenship to children of citizens of the United States born out of the limits thereof,' and read as follows: 'That persons heretofore born, or hereafter to be born, out of the limits and jurisdiction of the United States, whose fathers were or shall be at the time of their birth citizens of the United States, shall be deemed and considered and are hereby declared to be citizens of the United States: Provided, however, that the rights of citizenship shall not descend to persons whose fathers never resided in the United States. " Notice the lack of the descriptures "Natural Born Citizens." Congress has the authority to determine citizenship. The 1790 Act was replaced and children born aboard were no longer considered "natural born citizens" and thus were not eligible for US Presidency! But they were considered citizens!

Public Comments

  1. If I remember correctly, it is required that the President be US-born.
  2. his parents were part of the us military so come under different rulings anyone born to american military serving parents born outside of the usa still are american citizens
  3. You're obviously just missing some info . Because if there was any question about his citizen status, clearly it would have been caught or corrected by now . BTW, I served near Coco Solo Hospital in the 80's . Very beautiful area now run amok since we gave it to the Panamanians in 2000 !!
  4. John McCain is a natural US citizen. One can be born outside the boundaries of the US and still be a natural citizen (military, diplomatic corps, embassy workers, Americans working overseas, Americans traveling overseas.... all valid reasons). In his case, he was born in Panama to US parents, thus, is a natural citizen.
  5. I just don't understand what that Van Halen song was actually about.
  6. Pleeze! His parents served in the military, he was a prisoner of war! I think John McCain rightfully deserves to be a citizen probably more than others. Your arguement is all wet, because when a person is serving in the military, he/she is still a resident of their home state, and their child born overseas is a citizen the same as someone born in Cleveland Ohio. Why do you hate McCain, when he served our country so honorably, that you take pot shots at him?
  7. WOW Did the Swift Boaters gather all that information for us. Bush Swift Boated McCain over that BJ issue back in 96. McCain's woos response to Bush caused me to lose any respect I had for him. Go big Red Go
  8. Both of his parents were Americans and by that he earns his right to run for president.
  9. Yes he is considered a Natural Born Citizen as he was born to U.S. parents. As far as your question in regards to timing, this rule was set forth by Congress on March 26, 1790 under the first naturalization law: "And the children of citizens of the United States that may be born beyond sea, or outside the limits of the United States, shall be considered as natural born citizens.". Since McCain was born after 1790 this is not an issue for him.
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