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Old 01-31-2008, 07:24 AM
John 360
 
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Default Is McCain eligible to be the President of the United States given that he was born in Central America?


With respect, it is an open question whether someone born to US parents outside the US is a "natural born citizen" within the meaning of the relevant clause in the US Constitution. So if you're posting that reply, please give an example of any other individual who was born to US parents outside of the United States and subsequently became a US President.
No one (including Sleepy Hollow) has explained why someone born outside the US to US citizen parents is a "natural born" US citizen within the meaning of the US Constitution. Is there any caselaw to that effect? Or alternatively, can anyone point to a former US President as an example?

I'm more inclined to agree with the US territory explanation (which is what it says in Wikipedia, by the way).
superiortoyouallday: With due respect, Congress is not competent, with mere statutory legislation alone, to clarify the definition of "natural born citizen" as that term appears within the four-corners of the US Constitution. Only a Constiutional amendment or an authoritative judicial precedent on point can do that.
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Old 01-31-2008, 07:28 AM
Crusader A
 
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really??? I didn't know that.
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Old 01-31-2008, 07:29 AM
TheOrangeEvil
 
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He was born to American parents, making him an American citizen. Wasn't he also born on a U.S. military base? That's U.S. territory.
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Old 01-31-2008, 07:30 AM
OCS '83
 
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Wasnt his dad an Admiral in the Navy ?

And I think he was born on a US Naval base, out of the country..

But that is considered american territory.

---

In response to your addition..

I dont know that it has even been done before..
But yes he is eligible.. The men/women on those AMERICAN bases in other countries, still abide by american laws and customs.. They are issued american birth cert.'s , and they go to american certified schools..

His father was a Naval Officer at the time of his birth and he just so happen to be at a base that was out of the country..

--
as for "bites" response..

It isnt "American Soil", true.. But American none the less..

They still fall under the United States Constitution and do not abide by foreign laws.. We may not "own" the land that we are occupying, but we are in control of the portion that we are on.

( Thanks for your Military Service.. I also serve the US Military. and have for far too long )
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Old 01-31-2008, 07:31 AM
illuminati
 
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that grandaddy is too old to govern anyway. Whoz gonna change his diapers while he is busy trying to talk to a microphone?
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Old 01-31-2008, 07:31 AM
Kamel
 
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Yes, he was born in the Panama Canal Zone (then under U.S. control) to American parents. I believe his father (a U.S. Navy admiral) was stationed there at the time. His parents' citizenship is enough.
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Old 01-31-2008, 07:32 AM
ZX21
 
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Yes, unfortunately.
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Old 01-31-2008, 07:39 AM
electrosmack1
 
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He was born on an airbase in Panama, which was once under American control.
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Old 01-31-2008, 07:41 AM
Bite My Shiny Metal ......
 
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Yes, he is eligible to run for President. He was the son of American citizens stationed outside the United States as a result of military service. The citizenship of his parents means he is an American citizen by birth. If he had been born in North Korea while his American parents were on vacation, he'd still be an American citizen by birth. The Canal Zone, while under American control, was always considered as part of Panama. It was NEVER considered US territory.

My son was born outside the United States as a result of my military service. He is considered an American citizen by birth.

Military bases outside the United States ARE NOT CONSIDERED US SOIL SO STOP ANSWERING WITH THAT IGNORANCE.

Edit: "SleepyHollow" summed it up properly.

As for the thumbs down, big deal. I'm still right. American military bases are NOT CONSIDERED US SOIL. Only embassy's are considered US soil. I spent 20 years in the Army, 15 of which were in foreign countries so I know the rules. Anyone stating otherwise doesn't know what the hell they are talking about.

Edit: "Birth Abroad to Two U.S. Citizen Parents in Wedlock: A child born abroad to two U.S. citizen parents acquires U.S. citizenship at birth under section 301(c) of the Immigration and Nationality Act (INA). One of the parents MUST have resided in the U.S. prior to the child's birth. No specific period of time for such prior residence is required."
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  #10 (permalink)  
Old 01-31-2008, 07:44 AM
SleepyHollow
 
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Yes. Both his parents were U.S. citizens (enough in itself). McCain was born on August 29, 1936 in Panama at the Coco Solo Air Base in the then American-controlled Panama Canal Zone to Admiral John S. "Jack" McCain, Jr. (1911-1981) and Roberta (Wright) McCain (1912-). Both his father and grandfather were United States Navy admirals, and were in fact the first father-son pair to both achieve four-star admiral rank. His grandfather John S. "Slew" McCain, Sr. was a pioneer of aircraft carrier strategy who commanded all carrier forces in the Pacific Ocean theater of World War II, led American forces into epic actions such as the Battle of Leyte Gulf, and died four days after the conclusion of the war. His father was a submarine commander decorated with both the Silver Star and Bronze Star. In his early McCain followed his father to a number of naval bases in the U.S.

Note: A person is a citizen at birth when born outside the U.S. under the following circumstances:

Both parents were U.S. citizens when the person was born and at least one of the parents lived in the United States at some point in their life. The record of birth abroad, if registered with a U.S. consulate or embassy, is proof of citizenship. A person in this scenario may also apply for a passport to have his citizenship recognized. If he needs additional proof of citizenship, he may file an "Application for Certificate of Citizenship" (Form N-600 for natural offspring or Form N-643 for adoptees) with the USCIS to get a Certificate of Citizenship or,
One parent was a U.S. citizen when the person was born and the citizen parent lived at least five years in the United States before he was born, where at least two of the five years were after the citizen parent attained the age of fourteen. The record of birth abroad, if registered with a U.S. consulate or embassy, is proof of citizenship. A peron in this scenario may also apply for a passport to have his citizenship recognized. If he needs additional proof of citizenship, he may file a Form N-600 for natural offspring or N-643 for adoptees with the USCIS to get a Certificate of Citizenship.

So, yes, he is a natural born citizen (that is, citizen at birth) and is eligible for the Presidency.
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