GOP headache: The birther issue

Originally posted by xpert11

Originally posted by jd140
You thinking McCain wasn't eligible is a ignorant as those who doesn't think Obama is eligable.

McCain isnt a Natural Born American Citizen(SP?) . Yes he is an American citizen but he was born outside of the USA . McCain inherited his American Citizenship from his parents . So by the US Constitution he was never a eligible presidential candidate in the first place .

Cheers xpert11 .

McCain was born at the base hospital on the US Navy base in Panama where his father (an Admiral) was on official assignment. In this case, as in Obama's, his parentage has nothing to do with it, the location of the birth, on US Soil, means that both are Natural Born.

If, however, there was something about the treaty with Panama that defined the US Navy base as not on US soil (which I doubt since the US dictated the treaty), then the 14th Amendment would ensure that McCain's circumstance meant he was a 'Natural Born' citizen, since both his parents were citizens.

EDIT: Sorry, it is the Naturalization Act of 1790 not the 14th Amendment that says "the children of citizens of the United States that may be born beyond Sea, or out of the limits of the United States, shall be considered as natural born Citizens".

[edit on 2/8/2009 by rnaa]

Originally posted by donwhite
reply to
post by xpert11

 

Note especially the first seven words. Natural born means to be born inside the country. And like it or not, Panama is not the United States any more than Guantanamo Bay is the United States. CONCLUSION. John McCain was NOT eligible to the office of president. Had he have won the election, and the Supreme Court found him ineligible to the office, then the walking around "I can see Russia" nincompoop Sarah Palin would have been sworn in as our president!
[edit on 7/31/2009 by donwhite]

You get an D- on understanding the international law.

All the other stuff you cited, like Senate eligibility is irrelevant to the argument. The stuff in your conclusion is flat out WRONG.

McCain was born on US Soil - Specifically the Coco Solo Naval Air Station in Panama. US Military bases are US Soil by international law. McCain is a "Natural Born" citizen because of that. Even if that were not true, the Naturalization Act of 1790 (not the 14th amendment as I incorrectly asserted in an earlier post) ensures he is because both his parents are citizens.

The Bush Administration's attempt to pervert that fact for Guantanamo was illegal and un-American, and the US Supreme Court told him so.

reply to post by rnaa


You have confused the legal status of embassies with that of military bases . Had McCain been born in a US embassy somewhere around the world then he would have fallen in the unique situation of being born on US sovereign soil overseas . If you think about no country overseas would host a US military base if it was automatically going to give up its sovereign terrorist . The US would have or has a certain degree of jurisdiction of its military bases but that isnt the same as sovereign soil .

reply to post by xpert11

The US would have or has a certain degree of jurisdiction of its military bases but that isnt the same as sovereign soil.

Your A+ on US Con Law still holds Mr X11!

ISSUE: Can a statue alter the Constitution? Answer: No. There is only one way to change the Constitution, and that is by the amendment process.

From Wikipedia: “The Act also establishes the United States citizenship of children of citizens, born abroad, without the need for naturalization, "the children of citizens of the United States that may be born beyond Sea, or out of the limits of the United States, shall be considered as natural born Citizens."
en.wikipedia.org...

So what do you do when Wikipedia has it wrong? You go to the source, that’s what. See my exerts below.

United States Code. TITLE 8, CHAPTER 12, SUB-CHAPTER III, Part I, § 1401

§ 1401. Nationals and citizens of United States at birth.

The following shall be nationals and citizens of the United States at birth:

(e) a person born in an outlying possession of the United States of parents one of whom is a citizen of the United States who has been physically present in the United States or one of its outlying possessions for a continuous period of one year at any time prior to the birth of such person;
www.law.cornell.edu.../uscode/html/uscode08/usc_sec_08_00001401----000-.html

The applicable statute of the United States does NOT use the term “NATURAL BORN” as is found in the Article 2 qualification for president, but it does use the term “AT BIRTH” which means the person is not required to go through the naturalization process for other non-citizens.

I keep tellin' you slo' folks that Congress can make anyone a citizen, but only GOD can make you natural born!

CASE CLOSED! John McCain WAS not and IS not eligible to be president.


[edit on 8/2/2009 by donwhite]