Why John McCain is INELIGIBLE to be President of the United States

[RC]

1. The 14th Amendment and matching policy limit citizenship to either natural born or naturalized, but not both.
2. John McCain was born in 1936 in the Canal Zone to citizen parents.
3. 8 USC 1403(a) declares naturalized citizenship in 1952 on persons born in the Canal Zone to citizen parents.
4. Therefore, 8 USC 1403(a) applies to John McCain at age 16.
5. Therefore, John McCain is a naturalized citizen.
6. By treaty, the Canal Zone was not part of the United States.
7. Therefore, John McCain was not born in the United States.
8. Therefore, John McCain is a citizen not born in the United States.
9. Therefore, John McCain is not a natural born citizen.
10. Article II of the Constitution states to be President a person must be a natural born citizen.
11. THEREFORE, John McCain is not eligible to be President of the United States under Article II of the Constitution; he should be decertified and removed from all present and future Presidential ballots; and his past results should be disallowed, including unbinding all of his committed delegates.

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

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I have read the pertinent parts of the United States Constitution on this. It is quite clear one must be a national born citizen of the U.S. to be eligible to run for the United States Presidency.

As stated above, McCain was born in Panama. The area where he was born was being leased by the U.S. It was not a even a U.S. territory. He was not born on a U.S. military base either.

McCain was born on the soil of a sovereign country, Panama. And even if he was born on a military base, it would not change anything. McCain was born on foreign soil, as stated above. Congressional statutes as some propose to "correct this error" cannot 'correct' this problem.

McCain is a U.S. citizen, yes, because his parents were U.S. citizens. But according to the Constitution he is ineligible to run for the Presidency of this country because he must be a natural born citizen. McCain is a naturalized citizen.

But, then again, he is a republican and for republicans the purpose of laws is not to maintain order, but to hamstring others and so he is running.
Subitute Obama for McCain here. How far do you think Obama would get?

[political_Dem]

6. There is an angle.

In McCain's case, he's going to have this little point in his background passed over even though it has been "discussed" (but not taken to court) that he is a U.S. citizen.

However, in Mr. Obama's case, it's been challenged in court and dismissed. It has even gotten to the point that the Hawai'i Dept. of Health issued a statement through its director stating that Mr. Obama's birth certificate is authentic. But because of some on the right who demonstrate their fear of having a person of color lead this nation, they are going to kick this crap up to infinity. In short, there's a double standard here.

They hang on the hope Mr. Obama is illegitimate in every way so that he can be deposed from running.

It's a right wing tactic to make as much trouble for the Dems as they can. But the silver lining despite all of this malarkey is that officials stepped in to help the Obama case.

[BlooInBloo]

8. Because Presidents have to win a majority of the electoral votes.

[tularetom]

9. He's a wetback! Send him back where he came from

And then build a big ass fence so he can't get back in.

[Dark]

10. Um, no. Please don't engage in this. It's as stupid and pointless as them questioning his birth cert

ificate.

[merwin]

14. Agreed. This kind of talk just makes you sound like a loon.

[ROh70]

2. He's not a loon. There's a real legal debate over this issue.

[Richardo]

5. Uh, no there isn't - not among serious people.

[ROh70]

7. Yes, there is. There was a NY Times Op-Ed by a law professor

making the point made in this thread.

[merwin]

30. One professor, and it was an Op-Ed.

I'm sure there's a law professor or 5 out there who think that Barack Obama isn't eligible either.

[Richard Steele]

17. He's not REALLY engaging in this, he's just making a point.

The last sentence of the OP is what it's all about-
that Obama would be treated differently if he had
McCain's backround.

[melody]

23. The OP is making the point that the same dumb argument could be made about McCain

... that is being made about Obama. The OP is not supporting the argument.

[JeffR]

11. Since he has less chance of being President than our cat does

I'd say it's irrelevant.

[PBS Poll-435]

16. So your kitty has *some* chance of becoming President?

:woohoo:

:P

[Ozma]

26. As much chance as Sarah Palin

[Lithos]

12. Nope sorry

Many ways this is wrong.

1) McCain's parents were both National born citizens meaning he has the same status.
2) He was born on a US military base which is considered part of the national US territory.

Either 1 or 2 would make him qualified - he has both.

[RC]

19. I suggest you read the Constitution on this.

Because his parents were U.S. citizen, John McCain is also, but because John was born outside the country, on foreign soil, he is NOT a Natural born citizen as required by our Constitution.

[Lithos]

3. I would suggest you might as well

The requirement from the constitution is that the president be a natural born citizen and to be 35 years of age. The definition of a natural born citizen is left to Congress to decide as one of the enumerated powers. Your argument about a native born citizen is irrelevant as this is not the Constitutional requirement.

Congress has indeed defined what is a natural born citizen and having either parent be a natural born citizen is sufficient qualification.

This power of Congress has been upheld by the US Supreme Court - Rogers v. Bellei, 401 U.S. 815 (1971).

[Richardo]

22. Don't you think constitutional law professor Barack Obama would have weighed in on this?

...If there was any reason to think McCain was not eligible?

[ROh70]

1. no, he wouldn't, because it's a political non-starter

[Richardo]

4. I think it's because he knows the Constitution better than anyone here

...and that the citizenship argument is for shit.

[fishwax]

13. it's a silly theory

he's eligible to be president, but he won't be--because Obama will win in a landslide ...

[PBS Poll-435]

15. Honestly, this is petty and counter-productive

McCain was born to an Admiral and his US citizen wife in a country that involved official business of the US Armed Forces.

Any Supreme Court in our history would affirm McCain's right to run.

[sandnsea]

18. Coco Solo Naval Air Station n/t

[parasim]

20. No disrespect, but this is fucking stupid.

Just as are the charges by ring-wing dipshits that Obama isn't eligible. Neither of these candidates would get to this stage of the game if either wasn't eligible. Period.

[Richardo]

21. You're wrong. 'Natural born' has NOTHING to do with geography.

It just means you are born a US citizen.

Plus, it's just a stupid topic.

Do you really think someone would have pointed out his ineligibility before now? Maybe when he filed to run? Don't you think he knows some lawyers? Isn't Obama a constitutional law professor? Don't you think HE would have weighed in on the subject if McCain was ineligible?

Jesus, get a grip.

[shraby]

24. Born to a U.S. citizen anyplace in the world =

natural born citizen..even if only one parent is a U.S. citizen.

[dbmk]

27. Now perhaps.

But it seems that a law was made to make people like him citizens - after his birth.
Which by extension would indicate that he was not a citizen at the time of his birth?

[shraby]

28. I learned that in school 50 years ago.

[dbmk]

29. And McCain was born 72 years ago?

Make no mistake. I would not make an issue of this.

Its just interesting to me from the technicality side - especially give the huge importance some people place on Obamas birth certificate.

[RC]

25. McCain's Birth Abroad Stirs Legal Debate

The Senate has unanimously declared John McCain a natural-born citizen, eligible to be president of the United States.

That is the good news for the presumptive Republican nominee, who was born nearly 72 years ago in a military hospital in the Panama Canal Zone, then under U.S. jurisdiction. The bad news is that the nonbinding Senate resolution passed Wednesday night is simply an opinion that has little bearing on an arcane constitutional debate that has preoccupied legal scholars for many weeks.

Article II of the Constitution states that "no person except a natural born citizen . . . shall be eligible to the office of president." The problem is that the Founding Fathers never defined exactly what they meant by "natural born citizen," and the matter has never been fully tested in court. At least three pending cases are challenging McCain's right to be sworn in as president.

http://www.washingtonpost.com/wp-dyn/content/article/2008/05/01/AR2008050103224_pf.html

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So a non-binding resolution had to be made so McCain could run for the Presidency?

[Holly_Hobby]

31. I'm not sure about being a citizen, but McCain doesn't have

private sector experience. He doesn't have the experience to be President.

He went from H.S. to the Navy school, then joined the Navy. He's never worked a day in the private sector, has he? And every dime he's made comes from us.