McCain\'s Canal Zone Birthplace Raises Eligibility Questions

McCain's Canal Zone Birthplace Raises Eligibility Questions

New York Times   |  CARL HULSE   |   February 27, 2008 11:27 PM


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The question has nagged at the parents of Americans born outside the continental United States for generations: Dare their children aspire to grow up and become president? In the case of Senator John McCain of Arizona, the issue is becoming more than a matter of parental daydreaming.

Mr. McCain's likely nomination as the Republican candidate for president and the happenstance of his birth in the Panama Canal Zone in 1936 are reviving a musty debate that has surfaced periodically since the founders first set quill to parchment and declared that only a "natural-born citizen" can hold the nation's highest office.


 
 

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please tell me he is ok to run. nothing like a war hero that bombed women and children in that other illegal war to run for president. you know we are imperialists when even the other candidates from the other party calls him a war hero.

god bless america the country that calls thier soldiers war heroes for participating in illegal wars based on lies and deception.

the the worst of the war mongers the evangels. go figure.

mc war or is it mc pain is still pissed off that he lost that other illegal war so he wants a war so bad to win. he will sell his soul to get to be president to get his war and he will flip flop more than kerry. the folks in ohio will give him a win. they love a good screwing. they will soon have a choice work at war mart as a greeter or sign up for mc war's coming war.

    Favorite    Flag as abusive Posted 12:37 AM on 02/29/2008

Hey, we all came from the birth canal zone, except those delivered by Caesarian, except Bush who crawled out of a petrie dish filled with shit. Oops, can I say that?

    Favorite    Flag as abusive Posted 09:22 PM on 02/28/2008

The best way to figure out if Mr. McCain can Constitutionally become President would be to tell members of the Right-Wing Fringe that Mr. Obama was born in similar circumstances... and see what they say.

    Favorite    Flag as abusive Posted 09:05 PM on 02/28/2008

Or let Scalia, the strict literalist of the constitution, write an opinion. Scalia likes to say on matters such as a right to privacy that if it is not written in the constitution, then it does not rightfully exist. Uh, Anthony? You out there? Ready to shoot your mouth off?

    Favorite    Flag as abusive Posted 09:29 PM on 02/28/2008

McCain IS a Canal Zone.

    Favorite    Flag as abusive Posted 08:19 PM on 02/28/2008

Why don't we just let him be President of the Panama Canal?

    Favorite    Flag as abusive Posted 07:42 PM on 02/28/2008

Hey read the bill passed in 1952 it says that BOTH PARENTS must be citizens for a person to be president....does THAT let obama out. His pappy was a citizen of Kenya...So there are questions all over the place why pick on poor old McCain.

    Favorite    Flag as abusive Posted 07:44 PM on 02/28/2008

I think a part of that law said it applies only to people not of the R persuasion, doesn't it?

    Favorite    Flag as abusive Posted 06:55 AM on 02/29/2008

Why do you post here? Do you clip jumper cables to your nipples, too?

    Favorite    Flag as abusive Posted 08:26 PM on 02/28/2008

I just noticed he's not wearing a flag lapel pin in that picture. That proves he's not a patriotic American!

*No, not really. It's just that right wing talking points are so much fun to use.

    Favorite    Flag as abusive Posted 07:23 PM on 02/28/2008

How can we ask our parents-to-be to serve abroad if we are going to spurn their children. Nobody should question the fact that John McCain is American. That family has served our nation to the point where any consideration of ambiguity of nationality should be dismissed out of hand.

/Obama '08

    Favorite    Flag as abusive Posted 07:17 PM on 02/28/2008

it does make the conversation a little more interesting when your talking with the Hanity crowd.

Hanity Crowd guy, "Barack Hussein Obama"!

Me, "at least he's not from Panama"!

lol

    Favorite    Flag as abusive Posted 06:40 PM on 02/28/2008

The term "natural born" citizen has a long history in British common law.In fact, a law passed in 1677 law says that "natural born" citizens include people born overseas to British citizens. This usage was undoubtedly known to John Jay, who had children born overseas while he was serving as a diplomat.( It also appears to have been employed by the members of the first Congress, who included many of the people who had participated in the Constitutional Convention. To be specific, The Naturalization Act of 1790, which was passed by this Congress, declared "And the children of citizens of the United States, that may be born beyond the sea, or out of the limits of the United States, shall be considered as natural born citizens; Provided, that the right of citizenship shall not descend to persons whose fathers have never been resident of the United States."




This is fom the Constituion.

I an not a fan of McLoser but he is an American.

    Favorite    Flag as abusive Posted 06:32 PM on 02/28/2008

Amen!

    Favorite    Flag as abusive Posted 09:12 PM on 02/28/2008

JUST TYPE IN ALL CAPS, IT'S MUCH EASIER TO READ!

    Favorite    Flag as abusive Posted 06:12 PM on 02/28/2008

According to 8 USC 1401(c), McCain't really IS a natural born US citizen, as he is "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."

Let's now focus on why his platform makes him unqualified for the presidency.

    Favorite    Flag as abusive Posted 06:06 PM on 02/28/2008

Technicalities. Huh.

They were only used to elect the 43rd president twice.

    Favorite    Flag as abusive Posted 06:45 PM on 02/28/2008

There is a distinction between citizenship and nationality.

John McCain is clearly a US citizen, but depending upon the legal status of the Panama Canal at the time of his birth, his nationality may in fact be Panamanian rather than American.

Most of us don't make the distinction, because most of us are born in the territorial US to parents who were also born here, but our citizenship derives from the fact that we were born on US soil...not to American parents...

Again, the distinction can be confusing but the Founding Fathers made it when considering who should be eligible for the presidency and it's why they added a particular eligibility clause to the constitution.

    Favorite    Flag as abusive Posted 06:04 PM on 02/28/2008

This is more than an academic question: what is a "natural-born citizen"? Must a child be born on U.S. soil to be such a citizen? What about Americans working abroad for the State Department --are their children born overseas U.S. citizens automatically?
Same for military personnel: for example, are children born to American soldiers stationed in Germany "natural-born citizens"?, or do they go through some bureaucratic ritual to become naturalized?
And what about American business men and women working for private U.S. companies in Asia or Europe or Africa: are their children born away from U.S. soil considered to be "natural-born" citizens of the United States?
And what about people born in the outer marches of the American Empire? Could a Puerto Rican-born person become President? Guam-born? American Samoa? U.S. Virgin islands?
We now know the murkiness of Panama John McCain's situation. Can you image if Hawaii Barack Obama had been born a few years earlier--before Hawaii became a state-he might not be eligible to run for the Presidency?
Enough questions to fill the Supreme Court's docket.

    Favorite    Flag as abusive Posted 05:32 PM on 02/28/2008

There is a different standard for someone who wants to run for president.

In each of the examples you describe, that person would be a US citizen. But for the presidency, the standard is higher - you have to be born on US soil, which seems pretty unlikely for "Panama John". Being a "natural born US citizen" is required by our Constitution, and this is why McCain's campaign is so worried about it.

It makes some sense, actually. If McCain is allowed to run and he wins, we'll have every Panamanian over here trying to run for president.

    Favorite    Flag as abusive Posted 05:39 PM on 02/28/2008

"...we'll have every Panamanian over here trying to run for president."

No, because not every Panamanian has two parents who are American citizens.

    Favorite    Flag as abusive Posted 08:11 PM on 02/28/2008

I am not a suporter of McLoser but tou are wrong, 100% wrong.
Sorry but you are wrong!

    Favorite    Flag as abusive Posted 05:58 PM on 02/28/2008

Sooo.... Panama was McCain's birth Canal?

JP

    Favorite    Flag as abusive Posted 05:14 PM on 02/28/2008

Ollie?

Ollie?

Oxenfree?

    Favorite    Flag as abusive Posted 04:59 PM on 02/28/2008

give me a break ---- the mans father was in the navy, and on a US base at the time ---- as far as i'm concerned that's American soil ---- this is a non-story --- just another slap in the face for an American hero ---- whats next, he cant raise his hand above the shoulder to take the oath ......

    Favorite    Flag as abusive Posted 04:57 PM on 02/28/2008

Hola, Juan MCain.

    Favorite    Flag as abusive Posted 04:24 PM on 02/28/2008

Now, I hate McCain as much as the next guy, but this a stupid article. Any person born to an American Citizen anywhere is a natural born citizen. Period. Now onto something with real news value, please.

    Favorite    Flag as abusive Posted 04:21 PM on 02/28/2008

eric,

If I correctly recall my coursework in international law, you are mistaken.

Unlike many European countries which follow a legal principle called "juris sanguinis" (law of the blood) which grant citizenship based on that of the parent, the US follows a much different principle granting citizenship to those born on US soil...That is why children born in the US of parents who are in the country illegally are automatically granted citizenship and are considered "naturally born citizens".

Regarding presidential eligibility. The Constitution is quite clear on this matter, and it is the primary reason which Founding Father Alexander Hamilton was ineligible for the presidency. There is NO question about John McCain's CITIZENSHIP, the question at hand deals with his NATIONALITY and that really has more to do with the legal status of the Panama Canal at the time of McCain's birth than his parents' nationality...

I know it seems overly complicated and confusing, but hey, welcome to the arcane nature of US immigration and naturalization laws.

    Favorite    Flag as abusive Posted 05:50 PM on 02/28/2008

Oh gosh Eric, I do agree. I don't like McCain one bit but he was born to a citizen MILITARY officer assigned to the Panama...good grief people get a grip. This story makes HUFFPO look very dumb. It is a non issue. And whoever is trying to swiftboat with this one is very immature or very weak. Gads.

    Favorite    Flag as abusive Posted 04:33 PM on 02/28/2008

Surprisingly there really is something here. "Panama John" McCain does not appear to have been born on US soil. So while there is no doubt that McCain is a US citizen, he may not be "natural born", as required by our Constitution.

It makes some sense, really. If McCain is allowed to run and he wins, we'll have every Panamanian over here trying to run for president.

    Favorite    Flag as abusive Posted 04:28 PM on 02/28/2008

1964 "Mr. Conservative" Berry Goldwater was born int the Arizona Territory - this has all been done before. Its a waste of time, and detrimental to argue.

    Favorite    Flag as abusive Posted 04:52 PM on 02/28/2008

except the panama canal treaty of 1907 says the canal zone is sovereign territory of the US.
wonder how the treaty language could be squared with constiturion

    Favorite    Flag as abusive Posted 04:48 PM on 02/28/2008

Don't we have a bunch of jack ass right wing nut Supreme Court members who believe in only the strictest interpretation of the Constitution?

    Favorite    Flag as abusive Posted 05:26 PM on 02/28/2008

And if they were born to US citizens or here in the US, let them. If they had to take the citizenship test and get sworn in, sorry.

I don't think McCain ever had to take a citizenship test.

Ugh. i can't believe I'm defending that warmonger McCain. I need a bath.

    Favorite    Flag as abusive Posted 04:32 PM on 02/28/2008

This has been such a surprising election year.

Who would have thought that "Panama John" McCain would turn out to be much less American than Barack Obama?

It's ironic, and perhaps deserved given the unjustified attacks the Republican right have made on Senator Obama and his patriotism.

    Favorite    Flag as abusive Posted 04:17 PM on 02/28/2008

So, this would mean that my two daughters, both of whose parents are American citizens and were citizens at the time of their birth in Channai, India, and who have been American citizens all their lives and never of any other country, are "natural-born," and not eligible to be president.

On the other hand, a child of citizens of other countries, born on U.S. territory, is "natural-born" as well as eligible for U.S. citizenship, and could be elected president.

This is ridiculous. This whole thing. Drop it.

The New York Times long ago stopped being a news organization. Stop reading it.

    Favorite    Flag as abusive Posted 04:09 PM on 02/28/2008

They could run for President as they are natural born citizens.

    Favorite    Flag as abusive Posted 04:34 PM on 02/28/2008

Whether you like the New York Times or not is immaterial. The basic problem remains:

"Panama John" McCain does not appear to be a natural-born US citizen, as required by our Constitution.

    Favorite    Flag as abusive Posted 04:12 PM on 02/28/2008

This is a stupid story from the NYT " originators of the McCain "object of Sexual desire story." OF COURSE McCain is eligible; his dad was on active duty. You would be a fucking idiot to publically question it. But Surprise, stupid dems are falling for this one too " the only outcome of which will be to publicize McCain"s family"s history of outstanding military service.

Like the sex story before which planted the concept that this Geezer "isn"t over the hill" into the heads of every American this one will highlight his service.

It"s a much slicker campaign than it appears. Here of course, huffpost is becoming McCain 2008 headquarters as Dem hacks argue and alienate Clinton or Obama supporters, or publically support douche bag Nader (who shows up out of nowhere funded) . We will probably lose this one too.

    Favorite    Flag as abusive Posted 04:37 PM on 02/28/2008

I am very concerned about John McCain's childhood in Central America and the effects that "Panamanianism" have had on him.

John McCain is a foreigner trying to present himself as something he is not - a natural-born American. Would McCain engage in so much corruption, lying, and deceit if he were really an American?

I think not.

    Favorite    Flag as abusive Posted 03:57 PM on 02/28/2008

So, McCain was born and raised in the jungles of Panama and the Reblubbercans don't think he was influenced by people with skin darker than white?

    Favorite    Flag as abusive Posted 04:07 PM on 02/28/2008

Me too. This new format is too small to read.

    Favorite    Flag as abusive Posted 03:45 PM on 02/28/2008