Does McCain still have a citizenship problem?

mapwife

Membership Revoked
Thursday, Feb. 28, 2008 13:21 EST
John McCain's Panama problem
Some of John McCain's enemies over the years have accused him of being a real-life Manchurian candidate. But this morning's New York Times took on the issue of John McCain, Panamanian candidate.

Because he was born in the Panama Canal Zone when his father was posted there for the Navy, McCain has a little more legal work to do than most other presidential candidates to make sure he's actually eligible to serve if he wins the election. "It is not a slam-dunk situation," Catholic University law professor Sarah H. Duggin told the Times. That's because the Constitution says only "natural-born" citizens can make it all the way to the White House. (Which may be the only thing standing in the way of Arnold Schwarzenegger's triumphant cross-country march from Sacramento to 1600 Pennsylvania Ave.) Legal scholars agree that means naturalized citizens aren't eligible, but no one has ever litigated the question of what the provision means for someone who wasn't born in the continental United States, but who had citizenship at birth because of his or her parents, or because of laws giving citizenship to children of U.S. military personnel posted to the Canal Zone.

The issue has actually come up a few times before; Barry Goldwater (the last Arizonan to win the GOP's nomination for president) faced some questions because when he was born, Arizona wasn't a state yet. Mitt Romey's father, George Romney, was born in Mexico, but his 1968 presidential campaign didn't last long enough for anyone to worry about whether he could serve.

McCain's campaign has apparently gotten concerned enough to have heavyweight Washington lawyer Ted Olson look into the matter. (It inherited his support when Rudy Giuliani dropped out and endorsed McCain.) "I don't have much doubt about [McCain's eligibility],” Olson told the Times, though he is apparently still researching the issue. While it's unlikely the Democratic National Committee would pursue the matter, don't be surprised if some lawsuit gets filed by someone that McCain's lawyers will have to fend off using Olson's brief. After all, it's a long way until November.

― Mike Madden
Posted in: 2008 Election, John McCain

http://www.salon.com/politics/war_room/2008/02/28/panama/index.html




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Post details: Holy Article II, Batman! McCain may have a problem.
07/11/08
05:50:51 pm, Categories: Politics, 336 words
Holy Article II, Batman! McCain may have a problem.
University of Arizona law professor Jack Chin has written an opinion that looks at John McCain's eligibility for the White House, and ... in the words of Scooby Doo: Ruh-roh!

Most of us in the political orbit without law degrees just looked at the Constitutional provision that requires a president be a "natural born U.S. citizen" and assumed that McCain's birth in the Panama Canal Zone, then a U.S. territory, was enough to prove the point. Open and shut.

That's why people who aren't lawyers read the law at our own peril.

Chin points out that there are only two ways to be a natural born citizen: 1) Be born in one of the several states. 2) Be born in a territory or some such place with Old Glory flying overhead where statute grants citizenship at birth to babies born proud American papas/and/or mamas.

Well, Chin discovered the law in place conferring citizenship on kids born in the territories purposely excluded the Canal Zone. Now, Congress figured this out and changed the law in 1937 to include the Canal Zone, but McCain was already toddling. He was a citizen, but not at birth, Chin points out.

Now, left-wing con law guru Laurence Tribe and right-wing con law guru Theodore Olson issued a joint-opinion that McCain was a natural born citizen. However, Chin argues, they did not mention in their opinion the applicable statutes.

Chin doesn't necessarily approve of the provision. And, frankly, propriety dictates some sort of retroactive immunity clause for, of all people, John McCain. In service to his country, Dude got broken creatively down deep in a Hanoi dungeon. Not for a few days but for five years.

Still, he's also the one who promises to appoint judges who strictly apply the Constitution ... Anyway, a plain-text reading of politics suggests there's no way that McCain will be tossed because of this. The case would undoubtedly go to the U.S. Supreme Court and that, folks, is another five-four decision waiting to happen.

BLAKE MORLOCK

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Josie

Has No Life - Lives on TB
But wouldn't it be something if neither persumtive were in fact legal natual born citizens?!?! Can you still say "Ron Paul for Pres"?
 

G-Man

Membership Revoked
DUP! sorry
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G-Man

Membership Revoked
*** What McCain does have is a CANCER PROBLEM. The person he picks to run with him for Vice-President could in all liklihood end of as the PRESIDENT!!!!

07economy-mccain550.jpg

pale and sickly McCain on far left - (his vp pick?) Charlie Crist (a Greek American and governor of FL) on far right touring the Florida Everglades.
(wife Cindy and daughter in middle)
 

Ben Sunday

Deceased
This is utter nonsense. He was born of American parents. That is all you need to know.

Think...military families stationed overseas. Is someone going to suggest their kids aren't citizens? Same in this case.
 

mapwife

Membership Revoked
The purpose of this post is that TB members hysteria over Obama's birth is utterly ridiculous. Obama is as American as McCain and I'm looking forward to the end of the innuendos an hysteria and just face it, he has the potential of being a very good President.
 

bokonon

Inactive
I'm not a McCain fan at all, but this shouldn't even be an issue. This is a disgusting waste of time and money.
 

corona

Contributing Member
Laying ground

Maybe someone in the McCain camp or Ms Clinton put this out to do a end around and lay the ground work on Obama and his Issue, Non Issue?????
 

Warandra

Membership Revoked
Both McCain and Obama had an American for their parent. That's all that's needed. So, use your time for something real, please.
 
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