“Panama John”: Is He REALLY Eligible To Be President Of The United States Of America?
While I have no updates on “Panama John” McCain’s fight against the potential felony charges facing him, stemming from his failure to adhere to the dotting of the “I’s” and crossing of the “T’s” of his own unconstitutional McCain-Feingold Campaign Finance Reform Act, Ole’ “Panama” is running into yet another roadblock or two these days. The fact that he was born in Panama and MIGHT just be violating Federal law again by running for president while having been born in a foreign country; a law designed to prohibit folks such as John McCain and Arnold Schwarzeneggar from ever running for the highest office in the land; could be just another nail in the “McCain coffin”.
While there might… MIGHT be some valid arguments to President Bush’s and Panama John’s affinity for a “guest worker program” of some sort; I do agree with our Founding Fathers when they put their heads together to decide it might… MIGHT just not be that good of an “idear” to potentially allow foreigners to infiltrate our “melting pot” with bad intentions in order to eventually assume the role of “Commander-In-Chief” of our military forces. After all, SOME of our enemies are patient — as in — “DECADES-patient“, and some will stoop to ANY low to take us down and hang us with our own capitalist-twisted ropes given the chance…
The “scoop” from The New York Times’ Carl Hulse:
McCain’s Canal Zone Birth Prompts Queries About Whether That Rules Him Out
WASHINGTON — 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.
Almost since those words were written in 1787 with scant explanation, their precise meaning has been the stuff of confusion, law school review articles, whisper campaigns and civics class debates over whether only those delivered on American soil can be truly natural born. To date, no American to take the presidential oath has had an official birthplace outside the 50 states.
“There are powerful arguments that Senator McCain or anyone else in this position is constitutionally qualified, but there is certainly no precedent,” said Sarah H. Duggin, an associate professor of law at Catholic University who has studied the issue extensively. “It is not a slam-dunk situation.”
Mr. McCain was born on a military installation in the Canal Zone, where his mother and father, a Navy officer, were stationed. …”
(Snip!)
“… But given mounting interest, the campaign recently asked Theodore B. Olson, a former solicitor general now advising Mr. McCain, to prepare a detailed legal analysis. “I don’t have much doubt about it,” said Mr. Olson, who added, though, that he still needed to finish his research. …”
(Snip!)
“… The phrase “natural born” was in early drafts of the Constitution. Scholars say notes of the Constitutional Convention give away little of the intent of the framers. Its origin may be traced to a letter from John Jay to George Washington, with Jay suggesting that to prevent foreigners from becoming commander in chief, the Constitution needed to “declare expressly” that only a natural-born citizen could be president. …”
(Snip!)
“… multiple experts and scholarly reviews say the issue has never been definitively resolved by either Congress or the Supreme Court. …”
(Snip!)
“… Mr. McCain’s situation is different from those of the current governors of California and Michigan, Arnold Schwarzenegger and Jennifer M. Granholm, who were born in other countries and were first citizens of those nations, rendering them naturalized Americans ineligible under current interpretations. The conflict that could conceivably ensnare Mr. McCain goes more to the interpretation of “natural born” when weighed against intent and decades of immigration law. …”
(Snip!)
“… whether he qualifies as natural-born has been a topic of Internet buzz for months, with some declaring him ineligible while others assert that he meets all the basic constitutional qualifications — a natural-born citizen at least 35 years of age with 14 years of residence. …”
Wow. “Panama John”; illegal alien — whoda thunkit?
Look — it’s bad enough ole’ “Panama John” co-sponsored the unconstitutional “McCain-Feingold” legislation. It’s even worse the man is potentially now a FELON for his failure to follow his own law to THE LETTER. And now, it breaks, he might not even be a “natural born Citizen” of The United States Of America in the FIRST PLACE.
“Arguable”? Of course. But — when in doubt, go with the Founding Fathers…
***
Thanks as always to our good friend William Teach of Pirate’s Cove for linking in — counterpoint opinion and other links there…
Thanks to UrbanGrounds for selecting this article for their “Idiot Headline Of The Day” award…
Other bloggers — from all across the spectrum weigh in; courtesy of MemeOrandum: Reihl World View (Right); Patternico’s Pontifications (Right)
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6:08 am on February 28th, 2008 1
Under federal law in effect for decades a person born to US citizen parents stationed abroad has been considered a US Citizen, and is issued a US Birth Certificate.
So, when is the New York Times going to change it’s name to the New York Post II? It seems to be turning into an innuendo rag more than an actual newpaper.
9:56 am on February 28th, 2008 2
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10:34 am on February 28th, 2008 3
[...] Idiot Headline of the Day from Gun Toting Liberal — “Breaking: No WONDER John McCain Favors Illegal Aliens — He Might Be One [...]
2:17 pm on February 28th, 2008 4
Children born overseas to parents serving
in the US military are US citizens, and
have been for many decades.
Makes it interesting to raise some
questions, though. The idiot Republicans
have been giving Obama hell for his middle
name – it’s a shame McCain’s middle
name isn’t Mendoza or something
similar.
Maybe his dad was really a double agent
for the Nazis, like Bush’s Grandfather.
mark
5:35 pm on February 28th, 2008 5
Current State Department policy reads: “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.”
9:36 pm on February 28th, 2008 6
Someone better tell the State Department that US Military hospitals overseas have been giving US birth Certificates for decades.
BTW, a good question was raised somewhere else, why didn’t this come up when Barry Goldwater ran? He was born in Arizona when it was a US Territory (as the Canal Zone was when McCain was born) not a state.
9:43 pm on February 28th, 2008 7
Should have posted this link earlier
http://foia.state.gov/masterdocs/07fam/07fam1440.pdf
It should clear up Da Frog’s issues with state department policy on births overseas.
10:11 am on February 29th, 2008 8
Crazy Politico, that is a 48 page document that doesn’t help a whole lot. I would suggest you read
http://www.state.gov/documents/organization/86755.pdf
It more fully explains the point I was trying to make.
4:34 pm on February 29th, 2008 9
Natural born citizen – A person who was a citizen when born. I can’t believe the NY times wasted ink on this question. I can’t believe I wasted time on it!!
9:13 pm on February 29th, 2008 10
Evidently, Da Frog, you didn’t read the first paragraph of the 48 page document (which, btw, is referenced by the one you linked to as the place to go for such information). Read paragraph 1116.1, which refer’s you back to CA/OCS for definition’s of US Territories, which the Canal Zone was at the time of McCain’s birth.
Since you didn’t read the first paragraph, I’ll quote it to you: (bolded on the part you should pay attention to).
a. The Form FS-240 ,Consular Report of Birth Abroad of Citizen of the United States of America, (see Exemplars on Bureau of Consular Affairs, Overseas Citizens Services (CA/OCS) Intranet), is a formal document certifying the acquisition of U.S. citizenship at birth of a person born abroad to a U.S. citizen parent(s). Under U.S. law (22 U.S.C. 2705) it is proof of U.S. citizenship—in legal terms, it establishes a “prima facie case” of U.S. citizenship. Records of the issuance of Form FS-240 are maintained in the Passport Information Electronic Records System (PIERS), feature. Vital Records in PIERS are proof of U.S. citizenship and
may be accessed by consular officers and passport specialists for emergency verification of citizenship. (See 7 FAM 1300 Appendix I)
2:45 pm on March 4th, 2008 11
Panama John – not a natural born Citizen of the U.S.
—————————————————-
I’m starting to feel bad about this for John McCain. He has come so far and to have the very nature of his citizenship to be questioned would be miserable, especially after heroic service. But he is seeking the one occupation that explicitly requires that the officeholder be a “natural born Citizen.” This can only be changed by an amendment that changes the Constitution from saying “natural born Citizen” to something that would include him as eligible, though he is a citizen by jus sanguinis (citizenship by descent).
In presenting this constitutional matter, the purpose is to bring attention to the need for a remedy. This may also mean that the remedy would not be in place in time for Senator John McCain to be eligible to hold the office of President.
U.S. Supreme Court
SCHNEIDER v. RUSK, 377 U.S. 163 (1964)
We start from the premise that the rights of citizenship of the native born and of the naturalized person are of the same dignity and are coextensive. The only difference drawn by the Constitution is that only the “natural born” citizen is eligible to be President. Art. II, 1. [377 U.S. 163, 166]
Consider more details if you doubt the seriousness of this matter:
http://idacres.com/politics/mccain/natural_born_Citizen.html
7:14 am on March 30th, 2008 12
[...] ordered President Bush. “Surge, INDEED”, echoed Panamanian-born Republican Señor John McCain. “Stay the course!”, championed President Bush. [...]
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