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John McCain’s nomination as the Republican candidate may be an electoral near-certainty, but his campaign is investigating whether the senator’s birth in the Panama Canal Zone may disqualify him from the presidency.
Mr McCain was born in 1936 while his father was stationed at a US military base and the Canal Zone was under American control. Although the question was examined during his first presidential bid in 2000, it has been revived as the senator heads towards the nomination.
The issue has also revived a centuries-old debate about the exact meaning of a constitutional clause laid down by the founding fathers in 1787, which declares that only a “natural-born citizen” can occupy the Oval Office.
The restriction was most recently revisited over the possible candidacy of Arnold Schwarzenegger, the Governor of California who was born in Austria but has lived in the United States since 1968.
There is little guidance in the US Constitution as to how the provision should be interpreted and debate has frequently centred on whether only those born on US soil can be considered “natural-born”.
Many experts argue that the nation’s founders could never have intended to exclude the children of those serving in the military, but as all presidents to date have been born within the 50 states there is no legal precedent.
The lawyer Theodore Olson, a former Solicitor-General and adviser to the McCain campaign, said he was fairly certain of Mr McCain’s eligibility but had not yet completed his analysis.
However Mr Olson said the plain meaning of “natural-born citizen” included those born to parents who are citizens, particularly when they are born on a US military base. “I am confident that the United States Supreme Court, should it ever address the issue, would agree,” he added.
Mr McCain yesterday dismissed questions over his eligibility, and noted the case of the Republican Barry Goldwater, who was born in Arizona in 1909 – before it became a state – but ran for the presidency in 1964 and eventually lost to Lyndon Johnson.
“Barry Goldwater was born in Arizona when it was a territory, Arizona was a territory, and it went all the way to the Supreme Court,” he said. “And there’s no doubt about that. And it was researched again in 2000.”
“It’s very clear that (the idea that) an American born in a territory of the United States whose father is serving in the military would not be eligible for the presidency of the United States is certainly not something our founding fathers envisioned,” he insisted.
Jill Hazelbaker, a spokesman for the McCain campaign, said the request for legal help was purely routine, while The New York Times, the first mainstream news outlet to run the story, drew fire from conservative commentators for raising the issue at all.
At present, it appears Democrats have little interest in pursuing the matter.
Yesterday, Claire McCaskill, a senator from Missouri and a prominent backer of Democratic candidate Sen. Barack Obama, introduced legislation that would define a “natural-born citizen; as anyone born to any U.S. citizen while serving in the active or reserve components of the U.S. armed forces.
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toDave/Linda
A base is not an embassy. Furthermore the canal zone was a piece of land LEASED for a limited time. It is not DC, Arizona or Puerto Rico, all of which are/were sovereign US territory.
FYI there is a base called Guantanamo, built on leased land, and US law doesn't seem to apply there.
Simon, London,
Interesting!
John, Witchata, KN
Clearly 'natural-born' has been totally misconstrued by modern commentators, Anyone who knows about early American mores realises that this clause was intended to exclude those who had been born by Caesarean delivery, which was then frowned on as an unnatural practice.
Paul Nash, Dublin, Ireland
As a foreign Johnny, this is fascinating. It punctuates so much of American political life. So many of you are stating 'facts' of which you cannot be certain, in order to make your point in favour of or against McCain. If the issue was so cut and dried either way, does anyone imagine for one moment that McCain's campaign would be desperatley seeking to clarify it? Whether you like it or not, there is muddy water here and it will take some work to clear it. What is abundantly clear is that Panama is NOT US territory, and even if it were, it is by no means certain that that in itself would be enough to settle the issue. A comparison with DC and Panama doesn't really stand up to examination. DC, while it is a district and not a state, is nevertheless at least within the contigiuous United States. However, don't let me discourage you rom having at one another on this. It's great fun to watch.
Jim, Glasgow, Scotland
James T is right. This is a non-issue that the media or those running against McCain are stirring up. Any children of service men born on bases in foreign countries know that we have always been considered natural born US citizens.
Shirley, Chino Hills, USA
I am not an American lawyer, but I do know that being a natural born citizen of America (like any other society) ought to mean essentially, being born of American parents wherever they might be located. As it is globally acceptable that people retain their full citizenship (as âancestryâ is fixed) no matter where they go, it can only be reasonable to think that natural born citizens of America include people born of American parentage irrespective of place of birth.
To me it would be a unreasonable to say that the lawmakers intended to exclude children of American diplomats let alone children of soldiers serving America whether in Panama or in Afghanistan.
Nwenu, London, UK
Obama is happy to have ex post facto law written so he can run against McWar. What does that say about both of them?
Louis, Chesapeake, VA
John McCain is uneligible we cant just go changing the rules for one guy. Kick him out. And quit talking about being born to american citizens. In the constitution From the 14th Amendment, a US citizen is a person either born or naturalized in the United States. Jus soli or lex soli. McCain is a citizen through jus sanguinis but jus sanguinis has no basis in US law (only jus soli and lex soli do) except when applying legislation such as INA. Im not going to get into detail becuase its like 5 pages of writing. But in John McCains case he is a citizen of the united states because of Lex soli. And according to US constitution you have to be jus soli to run for president. If u want more solid proof go here and read http://www.dailypaul.com/node/37509
Nick, Fremont, Ohio
There are only two kinds of US citizens: Natural born US citizens and Naturalized US Citizens. Naturalied citizens are former citizens of other countries who obtain US citizenship sometime after their birth. They are not elligible to become President of the US. Natural born US citizens include babies born to US parents abroad (who get an extra page stapled to their birth certificates "Birth of US Citizen Abroad)" and babies born in the US or in any US territories. John McCain was born in a US territory, to US citizen parents. There is no doubt that he is a natural born US citizen. Anyone who says otherwise is either uninformed or trying to use a fake "controversy" to score politcal points or get people to read their news articles. You could simply contact the State Department or immigration services or any US military hospital abroad if you wanted to verify this. Obama is clearing doing some political grandstanding on this non-issue.
JasonT, Salem, USA
By the logic that if a person is born in a US Embassy or Base, that means that all it would take for a citizen of a foreign nation to have their child become an American citizen would be to simply give birth within the confines of one of the US areas.
So perhaps a maid in Panama working in the US Embassy can give birth and get instant American citizenship!
That said, I think McCain should run, he can't win, and he's pandering to the extreme right, but it's all for nothing anyways.
We need a fresh start, forget experience, we need vision and new ideas, and you know who has that.
Brandon, San Diego, CA
McCain is a citizen, but the question is if he's a "Natural Born" citizen.
Acording to the analysis here
http://www.dailypaul.com/node/37509#comment-363339
He's not.
Marcelo, Birmingham, AL
Margie Prezioso, Cary, IL ~ Please explain how a US military base in NOT American soil. That would be a most interesting argument to hear.
Linda, New York City, USA
Casey he could run in prior elections and it was never a question because other offices only require that you be a citizen. The Presidency is the only one that requires you to be a natural born citizen.
But he is fine.
Military bases and Embassies over seas are always designated as being on the soil of the country to which they belong. Therfore he he was born on a U.S. military base, he was born on American soil, so he is a natural born American.
Nuff said.
Dave, Dallas, TX
Be this strict interpretation, if McCain had been born in Hawaii or Alaska he wouldn't have been eligible to run either because they weren't states when he was born.
Terry Lyon, Ankara, Turkey
How was he able to run in prior elections without this issue arising? He was born in a U.S. military base to military family - is there anything MORE American than that? It's not like he's a Russian-born citizen who moved to the U.S. at an early age or something...this guy bleeds red, white and blue. If intent is 9/10 of the law, it's pretty obvious that McCain's an American, as his family had no intent or understanding otherwise. U.S. military bases and embassies are considered U.S. soil, period.
A surprising number of famous Americans were born in the former Panama Canal Zone. I wrote a similar blog on this at:
http://www.costaricapages.com/panama/blog/?p=163
casey halloran, panama city, panama
As a decendant of 2 of the signers of our Constitution, I am a huge supporter of what our founding fathers envisioned for this great country. I, for one, have been extremely disturbed at how the Bush Administration has desecrated our Constitution and the memory of those who authored and confirmed it. If indeed we can simply destroy the founding fathers intent whenever it is inconvenient to our current desires to grab power from the people, then we should simply name George W. Bush Dictator and Chief. We are a country of laws, and even the President is obliged to abide by those laws - but he has changed the laws whenever they were inconvenient. Because the Constitution states "Natural Born", that is the guideline - Panama is NOT even a "Territory". Desecration of our Constitution must stop somewhere - this would be a great issue to finally defend it on. We have to stop bend the rules and give the power back to the people.
Margie Prezioso, Cary, IL
Doesn't being born on a US military base mean the same as being born on a US ship or US aeroplane: i.e., being born inside 'a little bit of American territory', regardless of which foreign land that 'territory' is in, on or over? I'm sure it does. This whole argument is just a nit-picking storm in a (Starbucks) coffee cup!
Jean, Hague, NL
I don't think the founders of our country envisioned having military bases in Panama, which...um...isn't a part of the United States. That's probably why they didn't write anything in the Constitution that would clarify this.
Jason, Austin, TX
I feel that if a child is born to at least one parent who is a citizen (no matter where in this ever-shrinking world, nor the employment, educational circumastances or humanitarian purpose of the American parent), then as long as the child is declared by both of the parents to be an American citizen at birth (but not dual citizenship) then the child is in fact an American citizen and should be allowed to be the President of the United States of America...if that person has the grit!.
Camille Ramlow, Middletown, New York
I would like to bring to your attention the fact that former V.P. Al Gore is himself not a "natural born citizen", for he was not born in any of the states of the United States. Mr. Gore was born in the District of Columbia, a federal territory which is as much a state of our union as the overseas territories of Guam or Puerto Rico.
The location of Mr. Gore's birth, within the geographical confines of a federal territory of the United States, did not prevent him from serving as our Vice President for two terms of office, or from running for the Presidency during the 2000 campaign.
Now, Sen. John McCain was born in a U.S. military installation, located within a U.S. territory--the Panama Canal Zone (which was not under "control', but was an actual territory). Therefore, at the time of Senator McCain's birth, the Canal Zone was as much a part of the United States as the District of Columbia is today.
Thus if Al Gore was eligible, John McCain is just as eligible.
Javier Arroyo, Silver Spring, MD
Awe come on now enough is enough!!! McCain is by far the only one for the presidency... He served this country !!! Enough said If Obama can run... SHUT UP ALREADY...
Debbie, Middlebourne, USA