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John McCain: born in Panama, August 29, 1936. Technically not a Natural Born Citizen. Could he have really been President? Ask a Question

John McCain: born in Panama, August 29, 1936. Technically not a Natural Born Citizen. Could he have really been President?
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5 Answers

US Military bases are considered US territory. Coco Solo Naval Air Station is where he was born. He is a natural born citizen.

2 Replies to bakerbug's answer

I (and the U.S. supreme court) agree with you, interestingly many Republicans and even McCain himself disagree. For instance the previous president mistakenly believed that Guantanamo Bay Detention Camp should be considered outside U.S. legal jurisdiction...

I thought he was delivered in a Panamanian hospital off-base. If the hospital was not on the base he is not a natural born citizen.

If the hospital was on the base then I concede you are correct. Do you know for sure the hospital was on base?

HE WAS BORN OF AMERICAN PARENTS.

If you have American parents and just happen to be born overseas, you are still a NATURAL BORN AMERICAN !!!

1 Replies to jondough's answer

Do both parents have to be "Americans"?

I imagine the rules change from nation to nation, for instance I am Dutch and my kids would be considered Dutch and are eligible to a Dutch passport even when they were not born in The Netherlands.

Good question. The answer is, he is as much a citizen as Barack Obama, and for exactly the same reason. One or more of his parents was a citizen.

Although the law that made people born in the Canal Zone citizens was passed a year after he was born, and therefore does not technically apply to him (ex post facto laws are specifically prohibited by the Constitution.)

Regardless of his citizenship status, it is very unlikely he would ever have been President. Everyone was REALLY tired of the Bush regime, and his little problems with PTSD pretty much put the nail in his coffin.

12 Replies to dauguy's answer

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Regarding people born at U.S. military bases in foreign countries, current U.S. State Department policy (as codified in the department's Foreign Affairs Manual) 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."

But he does if his parents are American under a different law.

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I can always count on you, ass wipe, to clear it up. :-)

"ass wipe" is one word, Jonny. It's like I could say "Go Fuck Yourself", but I prefer GFY. Hold that dear to your heart and remember it. You will see it frequently, I think...

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Sorry, Jonny, but you are mistaken. On this and other ramblings of yours. If I am the king of "ass wipes", as you suggest, then your are my Charmin. GFY.

:-) FYATHYRIO!

Good one. :-)

BMYWD

?!

The federal law that made McCain a US citizen a natural born citizen may actually fail in the context of a presidential race, since the definition of "natural born citizen" that would apply would be the definition in place at the time of the Consitution's writing, because only a constitutional amendment may modify the constitution, unless the federal courts have provided a ruling. This issue was never addressed in federal court, and only applies to the presidency and vice-presidency, due to their unique constitutional job requirement.

"Natural borne citizen" implies born on native soil. There were no US military bases in Panama when McCain was born that met this requirement. However, this is clearly not settled law. IANAL

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1 Replies to deleted user's answer

Sorry, translate. He did not lose the election. He was like the goat in Jurassic Park. Sar-rah is next in '12. Jesus F Christ could have run for the Republican'ts and he would have lost also. God damn the Bushie man.

Regarding people born at U.S. military bases in foreign countries, current U.S. State Department policy (as codified in the department's Foreign Affairs Manual) 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."

1 Replies to xoandre's answer

However, he was born to American parents. So he's a citizen. As was my brother, born to American parents in Canada while my father was installing the DEW line.