Will McCain Need To Drop Out Of The Race?
Filed under: Politik > John McCain
This has been brewing around for some time, but The New York Times has a new report on the issue.
Gabriel J. Chin, a law professor at the University of Arizona, has noticed what many have seemed to overlook.
According to the United States 14th Amendment, it clearly states "All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States.”
However, John McCain was NOT born in the US!
McCain was actually born to American parents but in the Panama Canal Zone, not in the US.
According to Prof. Chin, that is not enough to satisfy the constitutional requirement stating that our president must be a “natural-born citizen.”
It wasn't until 1937 that a law was enacted giving children of American parents born after 1904 in the Panama Canal Zone citizenship.
Though, according to Chin, the law came too late to make McCain a natural-born citizen.
Prof. Chin adds, “It’s preposterous that a technicality like this can make a difference in an advanced democracy. But this is the constitutional text that we have.”
Funny. Somehow we're almost certain that if it would have been Obama who was born in the Canal Zone, the Republicans would have fought to make him ineligible.
And, although several legal experts agree with Prof. Chin's findings, they add that nothing will probably come of it.
Peter Spiro, who focuses on the law of citizenship at Temple University says, “No court will get close to it, and everyone else is on board, so there’s a constitutional consensus, the merits of arguments such as this one aside.”
And, in April, the Senate approved a nonbinding resolution stating that McCain would be eligible to become president. They declared that our founders wouldn't have wanted to decline the offspring of military personnel stationed out of the country the right to presidency.
However, a lawsuit challenging McCain's qualifications is currently pending in the Federal District Court in Concord, N.H.
So, even though the 1937 law made McCain a citizen, it didn't make him one that was naturally born because the citizenship was conferred after his birth.
Sounds all a bit confusing!
What do U think?
[Image via WENN.]
first…sharon mirrors is the best drag queen!!!
I think the man has every right to run for president- no one questioned whether he was a citizen or not when he fought for his country, did they?
He'll stay in… The republicans would pitch a fit!!
But Mitt Romney would retain his delegates if McCain dropped out, and it would make him the new candidate.
Everyone's so worried about the constitution being upheld, and Obama's FISA vote… but no one cares about this!?
Kick him the hell out. It's time the DEMS play just as dirty as Repubs.
oh shut upo already1!!
BASTARD!
This is OLD OLD OLD news Perez!! Quit trying to drag McCain through the mud. If you want Obama to win so badly then report something GOOD about HIM and leave the Republican bashing out of it.
2nd!
ANYTHING is better than Obama!!
once again…old news
the dems would be smart not to challenge this…
WTF? Did Matt Drudge hack your site, P? ENOUGH WITH THE POLITICS ALREADY.
the First Congress, on March 26, 1790, approved an act that declared, "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 of the United States."
firrrrst
Wow, this is a good one. So he's a citizen, but not a natural born citizen? Sad, I was probably going to vote for him. I agree it's a small technicality that will probably result in nothing, but I also agree that we should respect the constitution. Good lord.
WHO CARES
If this was Obama they would not allow him to continue with the race for President!!! AGAIN, WE SEE HOW THE LAW IS GOOD ENOUGH FOR SOME TO FOLLOW BUT NOT ALL!! SCREW MCCAIN …. THAT OLD BASTARD IS GOING TO LOSE ANYWAYS!!!
Hey Perez, just thought I'd drop a line to let you know that the whole issue of McCain's birth was resolved MONTHS ago…before the legislature. He is, due to being born to US citizens, on a US naval base, an American by birth. You're always so right on with your info and I'd hate to see you not spot on with this one! P.S. You look awesome!!!
I'm voting Democrat, but I would interpret "born OR naturalized" as qualifying him. It doesn't say natural born. The law "naturalized" him as a citizen. However, I know damn well that if Obama had been born in his father's land of Kenya, the repugnants would try to say he was not "naturalized" and was not qualified, because that is their typical MO.
THe law is written for a purpose and should be followed. There should not be exceptions made "just becasue". I don't care for either McCain or Obama… But, our Judicial system is so flawed and works only for those with money and power so what does it matter… us little folk with meager income whos vote doesn't count ….really don't care!
i say any excuse to not elect him.
Exactly.. military personnel should still qualify.
We wouldn't want McCain to say the only reason he wasn't president was because of something as silly as this.
OBAMA '08!!
Laurence Tribe, the left iconic constitutional lawyer already argued for McCain's citizenship, where have you been?
FRICK ON A STICK
The liberals are just as blood hungry when it comes to breaking political stories against the other side, but thats "okay" because the media is dominantly liberal. Have you tried being neutral?
what is our alternative? the bible thumping huckabee??? No thanks. let him run./
I think you should stick to gossip and stay out of politics…I don't care who you vote for or what you think. I come to this site for gossip same as everyone else.
i think he shodnt b allowed to run bc its the constitutional law so it doesnt matter hes not born in the us so he cannot run
i agree, he should be able to become president if the votes are enough.
you say "What do U think?". the whole purpose of using U instead of YOU is that it's easy. if you capitalize it, it beats such purpose!
the law is the law
you fail to mention that THE REASON HE WAS BORN THERE WAS BECAUSE HIS FATHER WAS SERVING OUR COUNTRY IN THE MILITARY. so it's prepostorous to knock him out on that regard.
Hopefully, Obama will win.
…but wasn't Obama born in Hawaii? Doesn't that make him foreign-born, too?
If you are born outside America to both American citizen parents it's OK.
It's legal.
Come on,he was a p.o.w and served our country.If Arnold can govern Cali. then McCain should be fine AND when he does blow away that muslim tied, with a manly wife Obama,I will be danicing in the streets!
If I'm not mistaken, McCain's father was in the military and Senator McCain was born on an US military base in Panama. US militiiary bases are concidered US soil. This is a non issue.
As long an McCain the Neo-Con…. (socially conservation… economically wastful) does not become president I dont care. I hate NEO CONS!!!!!!
It's ridiculous that children born before 1937 to military parents stationed in a foreign country should be denied the ability to run for president. His father was serving this country while he was born, and he was born to natural born parents. Congress SHOULD pass something allowing him to run. As Prof. Chin said, it IS unfortunate that a presidential candidate would have to bow out of the race due to a technicality from a bygone era. I think McCain should be able to run, even though I'll be voting for Obama. lol.
Wow
Barack Obama is not a legal U.S. natural-born citizen according to the law on the books at the time of his birth, which falls between December 24, 1952, to November 13, 1986. Federal Law requires that the office of President requires a natural-born citizen if the child was not born to two U.S. Citizen parents. This is what exempts John McCain, though he was born in the US Panama Canal Zone
OMG, he was born on a military base, I can't even believe this is an issue, he was a prisoner of war in Vietnam, and someone has the gull to question his citizenship. OUTRAGIOUS
I wish they would of included something in the constitution in case people elected a f****** moron!!!
Are you fucking kidding me Perez??? Layoff the McCain bashing!!!! This is old bullshit. Oh yeah and he UNLIKE Obama fought for this country and was a POW. STFU!!!
Ha ha, Obama is as white as his granny in Kansas and as black as his other grammpy in Kenya. how come no one talks about THAT? Instead of identifying him as BIRACIAL, he is a black amerikkkan. How comes he doesn't speak proudly of his WHITE ROOTS???? Amerikkka is RACIST against the WHITEYS!!!
If you are born outside America to both American citizen parents it's OK.
It's legal.
Damn Perez im not even American and i know that shit.
You are trying too hard.
"However, a lawsuit challenging McCain's qualifications is currently pending in the Federal District Court in Concord, N.H."
Surely not by Democrats!
Barf. This is stupid and pathetic,Perez. Since when did you become a CNN correspondent? I thought you only dabbled in gossip.
Not only old news, but stupid news.
US Military Bases & All US Embassies around the world are considered US soil
McCain was born on a base - hence, he was born in America.
This is a 100 % non-issue that some idiot w/ no understanding of the facts has tried to drag up more than once.
McCain was born on US soil.
The fact that that soil sits outside the border of the 48 contiguous state is irrelevant.
Let's see. Beacuse he was born to American parents, actually serving in the military, he isn't an American Citizen. Are you even an American citizen?
This is ancient news. People (read Dems) try to get this to take hold every time McCain's name comes up for the presidency.
/
It is very clear, and very settled, that McCain is a natural-born citizen. If an American couple goes to France on vacation and have a baby, that baby is a natural-born American citizen.
/
When Brangelina gives birth in France, their twins will be natural-born American citizens - and eligible for the presidency (God help us)
/
You need to get your facts straight, Perez, and quit publishing liberal talking points you don't understand..especially when the 'news' is older than you.
Shut the Fuc* up. Its the dems that are such winey ass babies. Leave the man alone. I use to enjoy coming to this site…. Do you think that if McCain had gone to a church that preached on white things and the pastor said the things that Obama's pastor said that he would have gotten this far? NO. Its a racial, liberal thing. He would have been fried for attending a church like that.
Sounds retarded. Are we really sinking that low to find dirt on a decent Republican candidate, Perez. You make me sick.
get rid of the clone Bush!! I am sure this will hit BORN USA Citizens and they will wake-up and get rid of him…
are you fucking kidding me. his father was in the military dipshits!!!!!!!!!! so does that mean children born in military bases overseas aren't american citizens!!!!!!!!!!
Re: Mike – gall. The word is gall.
Give me a break. If you are so sure that Obama is going to win in 2008 then why do you have to keep bashing McCain. I doubt perez hilton will change someones opinion in politics.
Perez, no line you have ever written has been more true!
"Funny. Somehow we're almost certain that if it would have been Obama who was born in the Canal Zone, the Republicans would have fought to make him ineligible."
But what's the difference - what is one big ole republican from another - all jerks!
I really would not care….I'm still not voting for him anyway.
Anyone born to two American parents is automatically an American citizen, even if it takes place on the moon. I would like him to drop out though so that I could vote for Romney.
katie is right, non-issue, the canal zone was a us territory, and all us military bases abroad are considered us soil, same with embassies, mccain is a us citizen.
he was born in the panama zone because his father was stationed there in the navy. serving the United States. where is that in the fucking fine print?
start posting some of the dirt thats out there about obama and HIS past. thats actually worth looking at.
What do I think? I think you should shut the hell up about politics and maybe go back to CELEBRITY GOSSIP. Remember what that is? And quit bashing republicans, it just makes you look even more stupid.
Stick to the gossip, seriously, I have been checking your site less and less because it's too bogged down with non-celeb news. I use repretable sources for my real news… not perez.
Fucking idiot. He was born on a US Base which therefore makes him a U.S. Citizen. Captain Retard. Geesh, get your fucking facts straight.
shouldnt they have brought this up like a year ago????? im sure that is not something they would just overlook. dummmb
Qualifications for the Office of President
Age and Citizenship requirements - US Constitution, Article II, Section 1
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; neither shall any person be eligible to that office who shall not have attained to the age of thirty-five years, and been fourteen years a resident within the United States.
Term limit amendment - US Constitution, Amendment XXII, Section 1 – ratified February 27, 1951
No person shall be elected to the office of the President more than twice, and no person who has held the office of President, or acted as President, for more than two years of a term to which some other person was elected President shall be elected to the office of the President more than once.
SO IF WE OVER LOOK HIM NOT "REALLY" BEING BORN HERE I GUESS NON OF THE QUALIFICATIONS MEAN SHIT!! LET'S START ELECTING PRESIDENT'S FOR LONGER TERMS AND PRESIDENT'S UNDER 35 YEARS OLD AND FOR SHITS AND GIGGLES LET ELECT ONE THAT IS NOT EVEN A CITIZEN AT ALL!!!!
I agree that nothing is probably going to be done about this…and it is a minor constitutional infraction…but it sets a dangerous precedent that will favour the Republicans down the line.
You let it slide this time, what about 4 years from now when Arnold Schwarzenegger, a naturalized citizen, wants to run for president?
I'd wager he'd be a little more of a threat to the Democrats than McCain is.
What is it with you and the New York Times Perez? They are linked to the some fishy things, people do your research.. Perez has bought in.
I believe it was an army base he was born on. His dad was serving his country. It's not like they were living there for shtis and giggles.
stop trying to poison your readers with your biased political commentary against republicans and let them decided for themselves about both candidates from the information provided by RELIABLE, FACTUAL, NEWS media outlets. stick to what you know — celebs and hollywood. for fuck's sake, stop pontificating. you want to talk politics? move to DC like i did, learn about politics firsthand, and then maybe the sludge you spew about this election will have the slightest merit to it. you dumb hack.
oh, perez. i love your site so much, and it so cute that you are mucking around in all of this politics stuff. but you really do make yourself seem so dull when you report on non-celeb current affairs.
this is ooooold news!!! there is no scandal. it was already decided that mccain can run, since he was born on a US military base… and US military bases are considered US soil.
He was born on a military base in a foreign country.
If he's not an American, there are a LOT of folks out there that think they are, but are apparently illegals.
There is actually a similar issue that affects Obama: Barack Obama is not legally a U.S. natural-born citizen according to the
law on the books at the time of his birth. Presidential office requires a
natural-born citizen if the child was not born to two U.S. citizen
parents, which exempts John McCain though he was born in
the Panama Canal. US Law very clearly stipulates: '.If only one parent
was a U.S. citizen at the time of your birth, that parent must have
resided in the United States for at least ten years, at least five of
which had to be after the age of 16.' Barack Obama's father was not a U.S.
citizen and Obama's mother was only 18 when Obama was born, which means
though she had been a U.S. citizen for 10 years, (or citizen perhaps
because of Hawaii's being a territory) the mother fails the test for being
so for at least 5 years **prior to** Barack Obama's birth, but *after* age
16. It doesn't matter *after* . In essence, she was not old enough to
qualify her son for automatic U.S. citizenship. At most, there were only 2
year