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Elephants in the Room

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Is John McCain an illegal alien?

Filed under: John McCain

The New York Times is reporting this morning that questions are being raised about whether John McCain is a "natural-born citizen" and thus eligible to hold the office of President of the United States.

McCain was born on a military base in the Panama Canal Zone, where his father, a Navy officer, was stationed. Because he was not born in one of the 50 states, there is some question whether he qualifies as "natural born" as it was defined in 1787.

From the article:

Mr. McCain’s citizenship was established by statutes covering the offspring of Americans abroad and laws specific to the Canal Zone as Congress realized that Americans would be living and working in the area for extended periods. But 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.


Most legal scholars seem to think this is a red herring, and I'm inclined to agree, but the campaign is taking it seriously enough that they've hired a former soliciter general to prepare a detailed legal analysis.

Posted by Kevin Hoffman at February 28, 2008 10:09 AM

« Military donations shift toward Dems, anti-war candidates | Main | Free Speech Zones »

Comments

John McCain is ALIEN, alright. Just not sure what planet he's from. Oh, that was a bit harsh, wasn't it. Sorry!

Posted by: Helm Matthews at February 28, 2008 4:04 PM

Illegal alien? No. But not a natural born citizen, either.

Full details at http://muddythoughts.blogspot.com/2008/02/panmanchurian-candidate-mccain.html

Posted by: Tannim at February 28, 2008 7:51 PM

children of american citizens born outside the country are still american citizens. illegal aliens are people to immigrate to this country without following immigration laws.

nice of you to compare people who serve our country with people who break our laws. illegal aliens have more rights than military personnel and their families. you should know that. for starters, they are gaining the rights to in-state tuition. military families don't have that.

Posted by: hotred at February 28, 2008 8:30 PM

Johnny "Manchurian Candidate" McCain has nothing in common with Goldwater. The difference between him and Goldwater is Johnny is no Barry Goldwater libertarian-republican. Goldwater was born in a territory of the USA, Arizona. Thus Goldwater is a "natural born citizen". McCain was born in the Panama Canal which has never been recognized as a territory of the USA. Only embassy's are foreign territory, not military bases. Thus Johnny can't be Presidento, except of Panama.

Posted by: Encinomanbrewery at February 28, 2008 11:06 PM

Should John McCain win the November election, the Democrats will take legal action and challenge that John McCain is not a "natural-born citizen". The Supreme Court will have to make the call. Wong Kim Ark (1898) is not directly on point, but it is the Supreme Court case to address the of what constitutes a "natural Born Citizen". The dissent, Chief Justice Fisher and Harlan (of Plessey v Ferguson fame-also in dissent) worried that Wong Kim Ark would make people born abroad [like McCain] ineligible to be Prez.
Member of US Supreme Court BAr

Posted by: Golden Glider at February 29, 2008 7:20 PM

There are only two kinds of US citizens: Natural born US citizens and Naturalized US Citizens. Naturalized 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 military hospital abroad if you wanted to verify this.

Posted by: JohnT at February 29, 2008 9:18 PM

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