Next Lefty Meme: McCain Not A US Citizen, Can’t Be President

Now, I know quite a few folks are not McCain fans, but, I offer this up as a hoot. John McCain cannot be elected president because he was not born on U.S. soil. I’m trying to hunt down where this originated, caught it on a forum I frequent. Will it gain traction?

7 FAM 1116.1-4 Not Included in the Meaning of “In the United States”

(TL:CON-64; 11-30-95)

a. A U.S.-registered or documented ship on the high seas or in the exclusive economic zone is not considered to be part of the United States. A child born on such a vessel does not acquire U.S. citizenship by reason of the place of birth (Lam Mow v. Nagle, 24 F.2d 316 (9th Cir., 1928)).

b. A U.S.-registered aircraft outside U.S. airspace is not considered to be part of U.S. territory. A child born on such an aircraft outside U.S. airspace does not acquire U.S. citizenship by reason of the place of birth.

c. 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.

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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 — The Constitution of the United States, Article II Section 1

http://www.state.gov/documents/organization/86755.pdf

There is really no length that liberals will not go to in order to assure victory, no matter how despicable.

McCain was born at Coco Solo Air Base in the Panama Canal Zone, August 29, 1936. Unfortunately for liberals, the Panama Canal Zone was a U.S. Territory from 1903 to 1979 (thanks, Carter!), so, any person born there was automatically considered a U.S. citizen, except if born to foreign diplomatic personnel. Woops!

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  • If Only It Were That Easy (February 9, 2008)
    [...] from the Left dug up this factoid about what does and does not constitute US soil. The point of that exercise was to try and say that McCain could not run for POTUS because he was [...]
  •   TTLF: Grey Lady Wonders If McCain Is Eligible To Be President — Pirate’s Cove (February 28, 2008)
    [...] on February 8th, I posted about the nexty lefty meme being that McCain is not eligible to be President because he was born at Coco Solo Air Base in the Panama Canal Zone, August 29, 1936. Now, the New [...]

10 Comments

Comment by John Ryan
2008-02-09 14:55:02

Teach there is no question of his citizenship just as there is no question of Arnold’s citizenship.
But it takes more than citizenship to meet the qualifications as set forth in Article Two of the US Constitution.
http://en.wikipedia.org/wiki/Article_Two_of_the_United_States_Constitution#Clause_5:_Qualifications_for_office Does McCain qualify as a “natural born citizen” ? Or does his citizenship rest on something else ?
Specific laws had to be passed giving citizenship to people born outside of the United States. The Panama Canal Zone was neither a state nor a territory. Much like Gitmo it was simply under our sovereignty. Just as there is a question of whether the detainees are eligible to be protected by the US Constitution so is McCain’s eligibility to be President questioned. http://en.wikipedia.org/wiki/Natural_born_citizen
Children born outside of the US were not granted citizenship by the US Constitution. A separate law was passed in 1790 granting them citizenship. They were not considered “natural born citizens” at that time, thus a new law was necessary to enable them to have citizenship since they were not “natural born citizens”.

 
Comment by John Ryan
2008-02-09 15:53:13

And as far as your support for McCain goes, I am not sure if he wants it. Hunter, Fred! Mitt…… your support is like the kiss of death.

 
Comment by darthcrUSAderworldtour2007
2008-02-09 16:36:48

Kiss of Death Teach? Some of us will gladly DIE for our country matey, and have for 231 years…
“Tyranny, like HELL, is not easily conquered; yet we have this consolation with US, that the harder the conflict, the more glorious the triumph…”
- Thomas Paine, 19 December 1776
– The left-wing moonbats ‘r us (cccp) will never know and just don’t (and won’t) get it RIGHT!

 
Comment by dr WNC
2008-02-09 16:45:59

This has been brought up and has been answered by the courts…
The Naturalization Law of 1790 that sought to define the term: “And the children of citizens of the United States that may be born beyond sea, or outside the limits of the United States, shall be considered as natural born citizens.”
Challenged in court, it was further defined: Weedin v. Chin Bow 274 U.S. 657 (1927): “A child born outside the U.S. cannot claim U.S. citizenship by birth through a U.S. citizen parent who had never lived in the U.S. prior to the child’s birth.” So in other words, had McCain stayed in Panama after being born there to US citizens, he still would have been a citizen but any progeny he may have sired while there (if he didn’t come live in the US before then) would not have been citizens. But since his parents HAD lived here in the us prior to going to panamma, he’s good to go.

 
Comment by Kurt P
2008-02-09 23:04:21

Were his parents citizens of the U.S.?
If they were it really doesn’t matter where he was born- he’s a citizen, right?

Not that I’m any fan of the “maverick”= but right is right.

 
Comment by John Ryan
2008-02-10 12:29:45

Kurt
It takes more than citizenship to qualify for the presidency, the US Constitution says “natural born citizen”
Not citizenship granted by law. Our first Naturalization Law passed in 1790 granted citizenship to some others not BORN in the USA, but it takes an ammendement to theConstitution to change the qualifications to be the President.

 
Comment by Kurt P
2008-02-10 19:14:20

I mean his parents were citizens of the U.S. doesn’t that automatically make him a natural born citzen,,,as opposed to someone who became a citzen? Which I think the natural born citizenship requirement means.

 
Comment by William Teach
2008-02-11 18:59:38

Well, for instance, if someone was born at a military base in Germany to two American citizens who were born in Maine, that person would not necessarily be eligible to be president, because they were not born on “American soil.”

 
Comment by Bob
2008-02-27 21:49:56

The 14th Amendment defines citizenship this way: “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.” But even this does not get specific enough. As usual, the Constitution provides the framework for the law, but it is the law that fills in the gaps.

Currently, Title 8 of the U.S. Code fills in those gaps. Section 1401 defines the following as people who are “citizens of the United States at birth:”

Anyone born inside the United States
Any Indian or Eskimo born in the United States, provided being a citizen of the U.S. does not impair the person’s status as a citizen of the tribe
Any one born outside the United States, both of whose parents are citizens of the U.S., as long as one parent has lived in the U.S.
Any one born outside the United States, if one parent is a citizen and lived in the U.S. for at least one year and the other parent is a U.S. national
Any one born in a U.S. possession, if one parent is a citizen and lived in the U.S. for at least one year
Any one found in the U.S. under the age of five, whose parentage cannot be determined, as long as proof of non-citizenship is not provided by age 21
Any one born outside the United States, if one parent is an alien and as long as the other parent is a citizen of the U.S. who lived in the U.S. for at least five years (with military and diplomatic service included in this time)
A final, historical condition: a person born before 5/24/1934 of an alien father and a U.S. citizen mother who has lived in the U.S.
Anyone falling into these categories is considered natural-born, and is eligible to run for President or Vice President. These provisions allow the children of military families to be considered natural-born, for example.

Separate sections handle territories that the United States has acquired over time, such as Puerto Rico (8 USC 1402), Alaska (8 USC 1404), Hawaii (8 USC 1405), the U.S. Virgin Islands (8 USC 1406), and Guam (8 USC 1407). Each of these sections confer citizenship on persons living in these territories as of a certain date, and usually confer natural-born status on persons born in those territories after that date. For example, for Puerto Rico, all persons born in Puerto Rico between April 11, 1899, and January 12, 1941, are automatically conferred citizenship as of the date the law was signed by the President (June 27, 1952). Additionally, all persons born in Puerto Rico on or after January 13, 1941, are natural-born citizens of the United States. Note that because of when the law was passed, for some, the natural-born status was retroactive.

The law contains one other section of historical note, concerning the Panama Canal Zone and the nation of Panama. In 8 USC 1403, the law states that anyone born in the Canal Zone or in Panama itself, on or after February 26, 1904, to a mother and/or father who is a United States citizen, was “declared” to be a United States citizen. Note that the terms “natural-born” or “citizen at birth” are missing from this section.

In 2008, when Arizona Senator John McCain ran for president on the Republican ticket, some theorized that because McCain was born in the Canal Zone, he was not actually qualified to be president. However, it should be noted that section 1403 was written to apply to a small group of people to whom section 1401 did not apply. McCain is a natural-born citizen under 8 USC 1401(c): “a person born outside of the United States and its outlying possessions of parents both of whom are citizens of the United States and one of whom has had a residence in the United States or one of its outlying possessions, prior to the birth of such person.”

 
Comment by hitlery
2008-02-29 05:21:48

Hitlery (and Obama your momma) will try anything to become Supreme Dictator of the New World Order.

 

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