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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. -- IHT.com
Yes cub scouts... This actually is an issue. In 1790 Congress stated that persons born outside of the United States to U.S. parents are natural born citizens. This was also addressed in the Dred Scott case, But this was struck down in 1868 in the 14th Amendment to the Constitution.
According to the State Department:
"Despite widespread popular belief, U.S. military installations abroad and U.S. diplomatic or consular facilities are not part of the United States within the meaning of the 14th Amendment. A child born on the premises of such a facility is not subject to the jurisdiction of the United States and does not acquire U.S. citizenship by reason of birth."
This raises a shitload of issues for the Government. If they concede that McCain is a natural born U.S. Citizen, they will have to recognize ALL the kids that were born on U.S. military installations. McCain's parents had to file a lot of paperwork to confirm his citizenship as do many military and overseas families.
It seems fairly clear that the Government has said people born on U.S. military bases overseas are not automatically citizens, which implies they are not natural born citizens. Which means John McCain is not eligible for the Presidency.
The Twelfth Amendment explicitly precluded from being Vice President those ineligible to be President: people under thirty-five years of age, those who have not inhabited the United States for at least fourteen years, and those who are not natural-born citizens.
This is hilarious, their nominee isn't even eligible... What a joke...
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Here's to the Army and Navy and the battles they have won; here's to America's colors, the colors that never run. May the wings of liberty never lose a feather. ....
Good thing Hawaii became a state in 1959, or it could be Huckabee vs. Clinton by default.
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oderint dum metuant (Latin for 'let them hate, so long as they fear').
Well, in truth I'm actually not a total hawk, but I'm not a dove either -- I'm more like an angry pigeon flying over the political arena after a really big meal. -Abba Gav
I think the whole thing is crap. I know how it's all written, but to be ineligible for this reason is garbage. If both your parents are US citizens, and you're born on a US military base, then dammit, how much more of a citizen can you be???
Found this elsewhere and IIRC this is the correct info:
Quote:
7 FAM 1111.2 Citizenship
(TL:CON-64; 11-30-95)
a. U.S. citizenship may be acquired either at birth or through naturalization.
b. U.S. laws governing the acquisition of citizenship at birth embody two legal
principles:
(1) Jus soli (the law of the soil), a rule of common law under which the place of a
person’s birth determines citizenship. In addition to common law, this principle is embodied
in the 14th Amendment to the U.S. Constitution and the various U.S. citizenship and
nationality statutes.
(2) Jus sanguinis (the law of the bloodline ), a concept of Roman or civil law under
which a person’s citizenship is determined by the citizenship of one or both parents. This
rule, frequently called “citizenship by descent” or “derivative citizenship”, is not embodied in
the U.S. Constitution, but such citizenship is granted through statute. As laws have
changed, the requirements for conferring and retaining derivative citizenship have also
changed.
so, in response:
1. The passage you cite deals with the citizenship of children born to non-U.S. citizens on U.S. military bases or consular properties abroad -- those children are not U.S. citizens by birth. It specifically addresses 14th Amendment issues, not Article 2 issues, and therefore has no impact on John McCain's eilgibility to run for or serve as President.
2. “citizenship by descent” or “derivative citizenship”, is not embodied in the U.S. Constitution, but such citizenship is granted through statute. So by law, unless his parents were not U.S. citizens (unlikely since he is descended from a long line of Navy men and himself a graduate of the U.S. Naval Academy) John McCain is a U.S. citizen by birth, and therefore eligible to serve as President.
No Person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President; neither shall any Person be eligible to that Office who shall not have attained to the Age of thirty five Years, and been fourteen Years a Resident within the United States.
"Despite widespread popular belief, U.S. military installations abroad and U.S. diplomatic or consular facilities are not part of the United States within the meaning of the 14th Amendment. A child born on the premises of such a facility is not subject to the jurisdiction of the United States and does not acquire U.S. citizenship by reason of birth."
Looks like the State Department disagrees with a few of you...
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Here's to the Army and Navy and the battles they have won; here's to America's colors, the colors that never run. May the wings of liberty never lose a feather. ....
That would be terribly funny. I will venture to say that this will not ultimately affect McCain's candidacy, but it's just a very funny thought that something like this could derail him....
again.... difference between citizen and natural born citizen please....
From Black's Law Dictionary, Sixth Edition (if someone has that, they can verify):
Quote:
Natural born citizen. Persons who are born within the jurisdiction of a national government, i.e. in its territorial limits, or those born of citizens temporarily residing abroad.
BTW, Jus sanguinis was not codified until 1952, but was used in the 1780s onward.
Looks like the State Department disagrees with a few of you...
It was addressed that in the response I quoted.
Quote:
1. The passage you cite deals with the citizenship of children born to non-U.S. citizens on U.S. military bases or consular properties abroad -- those children are not U.S. citizens by birth. It specifically addresses 14th Amendment issues, not Article 2 issues, and therefore has no impact on John McCain's eilgibility to run for or serve as President.
again.... difference between citizen and natural born citizen please....
Those that come from other countries & gain citizenship naturally, and those that are "born" into it:
Quote:
b. U.S. laws governing the acquisition of citizenship at birth embody two legal principles:
(1) Jus soli (the law of the soil), a rule of common law under which the place of a person’s birth determines citizenship. In addition to common law, this principle is embodied
in the 14th Amendment to the U.S. Constitution and the various U.S. citizenship and
nationality statutes.
(2) Jus sanguinis (the law of the bloodline ), a concept of Roman or civil law under which a person’s citizenship is determined by the citizenship of one or both parents. This rule, frequently called “citizenship by descent” or “derivative citizenship”, is not embodied in the U.S. Constitution, but such citizenship is granted through statute. As laws have changed, the requirements for conferring and retaining derivative citizenship have also changed.
dreamcastrocks--My Hero!!
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