Originally posted by kettlebellysmith
John McCain was born in Panama, on a US Naval Base, which is considered US territory.
Again, this has been pointed out to exhaustion now, but here it is once more:
From the State Department's
Foreign Affairs Manual:
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.
So, if you want to use the arguement that a person must be born "in the US" in order to run for office, then McCain qualifies.
No, McCain doesn't qualify. Here's why
From the Supreme Court case
U.S. v. WONG KIM ARK, 169 U.S. 649
(1898):
The fourteenth amendment of the constitution, in the declaration that '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,' contemplates two sources of citizenship, and two
only, birth and naturalization. Citizenship by naturalization can only be acquired by naturalization under the authority and in the
forms of law. But citizenship by birth is established by the mere fact of birth under the circumstances defined in the constitution. Every
person born in the United States, and subject to the jurisdiction thereof, becomes at once a citizen of the United States, and needs no
naturalization.
Makes sense. A person born in the United States needs no naturalization, as his citizenship is established at birth by
the mere fact of birth under
the circumstances defined in the constitution.
Now let's look at what the Supreme Court says naturalization means and how it's done:
A person born out of the jurisdiction of the United States can only become a citizen by being naturalized, either by treaty, as
in the case (...) of the annexation of foreign territory, or by authority of congress, exercised either by declaring certain classes of persons to
be citizens, as in the enactments conferring citizenship upon foreign-born children of citizens, or by enabling foreigners individually to
become citizens by proceedings in the judicial tribunals, as in the ordinary provisions of the naturalization acts.
So, people can be naturalized US citizens through the Courts or legislation,
as in the ordinary provisions of the naturalization acts.
Then let's look at the legislation.
Section 303 of the
Immigration and Nationality Act (8 U.S.C. 1403):
(a) Any person born in the Canal Zone on or after February 26, 1904, and whether before or after the effective date of this Act, whose
father or mother or both at the time of the birth of such person was or is a citizen of the United States, is declared to be a citizen of
the United States.
Legislation was created
specifically to address people born in the Panama Canal Zone, and declare them - or in other words, naturalize - US
citizens.
If US Military bases are not part of the US within the meaning of the 14th Amendment, people born in the Canal Zone (such as John McCain) were not
citizens at birth. The passing of legislation to declare (or naturalize) those people as US citizens proves this alone.
The only conclusion is that John McCain is a naturalized US citizen, and not a "natural born" citizen.
[edit on 2-12-2008 by danx]