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.]
Uhmm…Obama says he's from Hawaii,but information is circulating that the birth certificate being presented as his- is not real(he may have been born either in Canada or Kenya).I don't think anyone will actually challenge this either.If you look at the certificate from Hawaii that is being presented as his- it does not have an official seal(even copies get a seal-folks) and all certificates from the US have an official seal from that respective state. It would be interesting if they were both called on their natural born status.
Re: bark – You're a fucking idiot, Hawaii is a US state.
Re: jules –
You are a dumb foreigner (obv. from the way you spell favor "favour") trying to prescribe your own views of the American legal system. STFU, you obviously don't understand what constitutes a naturalized citizen. Arnold is not naturalized you dumb f*ck. Go back to sipping tea and allowing America to control Gordon Brown like a puppet on a string. You're country's in decline, deal with it, instead of worrying about America.
There are more laws on the books than one. There are also provisions that declare foriegn military bases and embassies as "native" soil. This is far to much ado about nothing.
I say McCain is OUT
RON PAUL IS IN!
RON PAUL 2008!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
REVOLUTION
Jackson was referring to Obama when he said "cut is nuts off" not McCain, McCain has every right to run. Obama doesn't have the knowledge.
First of all we all have the right to freedom of speech but perez is this not a gossip column? Now your dipping into politics? Also if your gonna bash one why not bash the MUSLIM Obama?? The very people we are fighting against in Iraq and you wanna elect him? I know because your gay you like obama but come on republicans are not bad people. I am a very proud conservative and will be voting MCCAIN not only did he suffer for the country he loves now his son is fighting in IRAQ Read your facts or dont report
Yeah, let's penalize a man for having parents who served this country. If you disagree with what McCain stands for, fine. But whatever your beliefs are, he served this country and sacrificed a lot for America. He was American enough to do that, but now he shouldn't be able to run? I am honestly disgusted by that thought process.
I think Perez would be smart to avoid stories like this. It really will hurt the site's popularity. I don't think I will be visiting again.
blahh…. I REALLLY REALLLY HATE MCCAIN…sorry but i dont
I dont think its at all right bc without a doubt if it was obama that wasnt born in the US then believe me they (REBUBLICANS) would do anything in the power to make sure Obama couldnt run for president…
OBAMA 08!!
stop being so political perez, just report not commentate!
Lisa - being President is not a federal job, he is elected to office, just like being Governor is not a state job.
Re: Gia J –
Idiots his father was in the military! Get it serving our country!
If you are born outside America to both American citizen parents it's OK.
It's legal.He has the right to run for the American presidency.
It's kinda sad when a French citizen knows the American constitution better than an American citizen.
You should just talk about gossips,you can't even do it right.
stop talking about politics you fat moron. you always come off as ignorant and petty. eat a dick you piece of shit
THERE IS NO JUSTICE IN OUR COUNTRY!!
AFTER THESE FACTS, HE IS CLEARLY NOT ELIGIBLE TO RUN FOR PRESIDENT!
IF OBAMA WERE WHITE THEN MCCAIN WOULD BE OUT OF THE RACE!!
ITS INJUSTICE!! I-N-J-U-S-T-I-C-E
THE U.S. IS BULLSHIT!!
I'M GLAD THE REST OF THE WORLD HATES US, I LIVE HERE AND I HATE US!
I wish Eddie Vedder would run for President
I'm an Obama supporter, but if McCain is not an American, who is???
A candidates eligiblity is verified prior to allowing them to spend millions of dollar campaigning. The constitution is open to interpretation but the fact remains that McCain has already been approved as a valid candidate.
holy shit. nobody thought about this before he started the race? fucking morons.
A perfect plot to change the law so Ahnold can run in 2012.
It is an old issue, panama at the time he was born was considered aUS territory, the US supreme court already decided he can run and is a US citizen as described in the 14th amendment.
perez get over it. Stop nit picking stupid stories bout John McCain. Its fine if you dont like him and disagree with him politicly thats your right. However finding an obscure professor who thinks john mccain cant run for president because he was born in the Panama Canal Zone while it was allowed to seat representitives at the conventions and this story is just stupid.The canal zone was a US territory at the time. They were even allowed representation in the US house of representitives. The 14th amendment is about immigration to the US. Not US citizens born in other countries. It proves this professor is either over paid or should be asked to look for new employment. I like you and your comments perez but before you start getting into constitutional law maybe you should take some classes at the local law school. they are funny but this kind of stuf is just irritating. Just like the people who have Impeach Bush stickers on their cars. I am from Vermont so dont think i am a conservitive or republican. I just get irritated at people who make stupid political comments because they make us liberals look like the stupid asses they think we are.
Perez, your guy Obama who was SELECTED over your girl Hil , must really have a problem if you have to stoop this low. The old guy is within 2 points of the "Chosen One" and you can't stand it! If you got the guts, go to Washington Whispers and post the pictures of the hole John McCain spent 5 1/2 years in. You don't have the GUTS>
His parents were stationed in Panama through the US government. Natural born cotizen or not it is a meaningless technicality. We all should be more concerned of the anti-christ HOUSAIN OBAMA
wow how old is he if he becomes president he will most likely die while he is president
Many people don't realize that living overseas on a military 'Base, Post or otherwise' we are still considered living IN the United States.
I'm with Emily - it's great that you support Obama - but you should be posting about the good things he's doing (or not doing) and not making up stupid reasons why McCain shouldn't be in the running. It's a little late for that.
you americans are idiots
I think I'm sick of you bashing McCain and his wife Cindy, while you ass kiss Obama and "Blackie O."
This is old news. This report first came out months ago. Ridiculous that someone would even bring it up. McCain will run for President.
NObama 08
Keep the Change.
You know, its sad that the media is always trying to smear the campaigns of the different parties. I'm all for McCain and its sad that even you Perez even though you spend so much time smearing celebrities must contribute to this smear campaign that is part of the presidential election. I think that these claims are also absolutely perposterous.
You are not a "gossip blogger". You are the National Enquirer. This is yet ANOTHER non-story. I just can't take it anymore. I have hung in here hoping that you would remember what it is that you do but clearly you either have no idea or you have burned all of your bridges and run out of sources. There is no celeb gossip here. No scoops. It's just a bunch of filler, fabricated tidbits, and crap stirring. The lack of maturity in your thought processes is just astounding. Just shut up. Really. Just shut up. You have absolutely nothing of substance left ot say. I'm out of here, not because I want to "punish" you or make some ridiculous statement but just because I'm bored out of my freaking mind.
Re: TYPIC – Screw YOU.
Get the real facts on politics at CNN.COM and the real facts on entertainment news at PEOPLE.COM!
PEREZ- I hope you enjoy being the one who trash talks everyone that's more successful than you… You clearly care alot more about them than they do about you- hence the fact that no one else has created a classles website to "talk shit" about other people on. I doubt any of the beautiful stars and REAL celebrities even know your name. HA. You are a joke to society.
You are clearly so blindsided by your liberalness that you cannot even see reason. Congress can make any sort of law ex post facto if it wishes (except for ones that make something criminal) and therefore have the power to have the law apply to McCain's birth after the fact, making him retroactively a citizen. When it comes to things like citizenship, Congress has extremely wide latitude and the courts will not shut it down. Of course, if Republicans had brought up this issue for a liberal candidate, Republicans would be bashed as being "un-American." Which, coincidentally, is exactly what B. Hussein Obama is.
Just because a candidate likes gay marriage does not make him viable and acceptable for president. Take off the blinders and look around the liberal kool-aid that the Hollywood community pours down your throat and really look to see what is best for economy and security.
I know, I wish we could just put obama in right now. we don't even need an election according to pervert hitler … or nbc or abc. it IS outragious. lets start a petition and just let him move in with jeremiah wright and jesse jackson in prominent positions as well. go obama!!
Perez - You are an idiot.
WASHINGTON (Wednesday, April 30, 2008) – The Senate tonight unanimously passed a bipartisan resolution expressing the sense of the Senate that John McCain, a U.S. Senator from Arizona currently serving his fourth term in the Senate, is eligible to run for President of the United States. McCain is the presumptive Republican nominee for the presidency.
The bipartisan resolution was introduced on April 10 by Sens. Claire McCaskill (D-Mo.), Patrick Leahy (D-Vt.), and Tom Coburn (R-Okla.). It is also supported by Democratic presidential candidates Sens. Barack Obama (D-Ill.) and Hillary Rodham Clinton (D-N.Y.), and Sen. Jim Webb (D-Va.). The Senate Judiciary Committee, which Leahy chairs and of which Coburn is a member, unanimously reported the resolution on April 24, and the Senate swiftly passed the measure.
“This bipartisan resolution erases any doubt that Senator McCain is eligible to run for president,” said Leahy. “The Senate was right to quickly pass this measure, and we can now put to rest any question of his eligibility.”
McCain has served in the U.S. Congress representing Arizona in both the House of Representatives and the Senate.
Re: Ali – McCains dad was stationed in Panama when he was born. Would it make sense for military and state dept employees to serve in a foreign country and have their children born foreigners! You gotta be honest and think a little. McCain's dad was an admiral in the Navy.
Obama should disavow Perez if he wants to win. I mean look how much it helped Hillary.
That man has a combover!
He was born in a naval hospital to 2 american citizens-he is a citizen
Re: Stern –
SHUT THE FUCK UP RACIST ASSHOLE!! I DARE YOU TO TALK RACIST SHIT TO YOUR BLACK COWORKERS AND NEIGHBORS!! ALL OF YOU RACIST ASSHOLES HAVE MAJOR BALLS ONLINE TO TALK SHIT BUT I'M SURE IT'S A WHOLE DIFFERENT STORY WHEN YOU'RE AROUND BLACK PEOPLE!! PLEASE TALK SHIT AROUND THEM…I DARE YOU!!!!!
Re: meme – meme- get your facts straight if you are going to make a comment like that. He graduated from the NAVAL ACADEMY and was not the lowest graduate. In fact, his father and grandfather did not graduate much higher in their respective classes. Also, he got into the NAVAL ACADEMY on his own, only using his father to get the appointment to the school (like many graduates before and after him). Just as a point, some of the greatest admirals and captains in the Navy have not been very high graduates of their respective classes. Academics have little to do with leadership ability.
I think that he will stay in, only because republicans suck. I agree with perez, if it was obama… he would have been out a long time ago. John McCain is just like the suckie president we have now… he only cares about the big rich people, and hes out to screw the little guys. I think that he should be disqualified. TEAM OBAMA ALL THE WAYYYYYY BABY!!!!!!!!
THIS IS OLD NEWS PEREZ! WHERE HAVE YOU BEEN? DUH!
Re: ghost – um idiot you don't have to be a natural born citizen to be governor
In law school, we learned that if you have one parent who is an American citizen, you are born a citizen, even if you are born overseas. This story "broke" a few months ago, and was roundly panned as being nonsense. Panama Canal or not, McCain was born a citizen, and is therefore a natural born citizen. Also, it would be ridiculous to claim that children of members of the military born overseas are not citizens of the US.
GO OBAMA!!!
old news…like you…fatty!
How many of you have the GUTS to go to Washington Whispers and see John McCain crib for five years!
Re: idiot – SO WHY IS YOUR NAME IDIOT???!!!!
I think you are clearly biased and shouldn't turn the presidential race into gossip or hang the candidates up like poster children on your sight since they are not technically celebrities. We are see that you favor Obama (despite the fact that he was raised on terrorist principals and supports terrorism whether he admits it or not and his wife hasn't even been proud to be an American despite her status in society) and you can see I favor McCain (even though I originally would have preferred Hillary). However, just like U.S. Weely, if every time I come to your site all I see is some dig on McCain and nothing on Obama I will stop using your site as many of my friends already have.
This is ridiculous. John Mccain has served this country, and should be able to run for president accordingly. This is a minor technicality. Obama is a turd.
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HEY FAT BASTARD, KEEP YOUR POLITICAL BELIEFS TO YOURSELF!
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NO ONE CARES WHAT YOU THINK FAT ASS!!!!!!!!!!!!!!!!!!!!!!!!!
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GO SUCK A DICK & GET BACK TO GOSSIP LOSER!
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An Arab will be in the White House soon
Re: jon – Jon please email me an i will buy you a Plane or Boat ticket any where you want to live in the world other than the USA…….. happy to help you. If your unhappy with the way we do things here. if your that unhappy you may like to live somehwere else. I am not a conservitive but this is MY country and if you dont like it MOVE YOUR **CKING ASS!!!
This is dumb. He was born on an American Naval base into a navy family. Of course he is eligible. I'm a diehard liberal Obama supporter but this just makes us look stupid.
Re: Heath –
Heath, actually the treaty to turn the Canal administration over to Panama at the stroke of midnight of 1/1/2000 was created and signed in 1977 so Clinton had nothing to do with it. It had been the the plan for 23 years.
Re: meme –
I can't believe I missed this…
You might want to get your facts straight before you start mouthing off. Mr. McCain went to the Naval Academy (thus joining the NAVY) in Maryland - West Point (the ARMY Military Academy) is in New York.
Don't worry though - you couldn't get into either so run along now…
then dont fucking let him into the white house.. damnit if Arnold had run i would have voted for him over McCain.. I mean COME ON PEOPLE>. hes not a US citizen.. he doesnt get to run.. plain and simple..
This is ridiculous..
Obama wasn't born in the US either, so ????????????????????
What's the problem?
The Constitution states:
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.
I think McCain was born before the adoption of the Constitution right? LOLOLOLOLOL
No loss if he is gone… Ron Paul 2008
This is a non-issue, move on.
Re: FReal – YES MORON BUT HE IS NOT A NATURAL-BORN CITIZEN!
I think you are way out of line supporting Chin's theory. McCain was born on an American base in the canal because both his parents served for his country, as did McCain himself. What has Obama done? Why is everything about race liberals? youre the problem
Rules are Rules. We have to fight to change them not bend them when it is convenient for us. If we keep bending them, then what will our country stand for then. We need to keep the rules enforced and try to change them based on need not convenience.
I just wanted to point out that fighting for the U.S. doesn't make you a U.S. citizen. In fact, there are many Mexicans (who were brought over by their parents) who are serving our military but are not considered U.S. citizens!
He was born on a U.S. military base in Panama while his father served the country of the USA!! Give me a break.
Re: bark –
dumbass…Hawaii became a state before Obama was born
this is ridiculous. mccain fought for this country and actually supports it, whereas obama's minister preaches about how horrible america is and obama has been listening to him for years. even if mccain was born in the pits of hell i'd still vote for him over obama!
I dare you liberal idiots to try and make this an issue of a man who fought for this country and was held and tortured for 5 focking years as a POW! Oh please make my day…
Listen, I am not a McCain fan, nowever, if he was born in a Naval hospital and it was considered occupied territory, it is the same as being born in the US. My sister was the first american baby born in Japan after WWII and she was considered born on American Soil. It is the same as if they were born in the American embassy in any land, that is American territory!
actually, the republicans would NOT have "fought" to claim obama ineligible if the situation was reversed. you're such a biased flaming moronic a++hole, perez!
Talk about life experiences, this guy has had a life, if he were a democrat, hollywood would have made a movie, years ago. I voted for Romney in the primary, so he was not my first choice, but you gotta give it to him—he is one tough old bird!
THE PANAMA CANAL WAS AMERICAN TERRITORY AT THE TIME!
therefore he was born in america …. case closed.
Born on an U.S. Base = (you guessed it) American Citizen
people noticed this a long time ago; he was born on a military base.. military bases are considered US soil so, technically, he was born in the US
He was born to American parents on a U.S. Military base which constitues as American soil. Check the facts. Dumbasses.
it's simple, any child born to military parents who are u.s. citizens serving overseas is an american citizen. period. i don't know why this story keeps getting dragged back into the media. it's a moot point.
You know what's really funny. How Obama runs around the country talking down to people like he's some Messiah and gets away with it with the help of the liberal media. Any republican that did that would be instantly asked to resign.
McCain was born on a U.S. Naval Base. He fought for our country. He was a POW. Long serving in the Senate. He currently has a son fighting in Iraq. What has Obama accomplished?
The constitution is the law of the land. Everything the US is is based on that document, including what the president/vp/congress/citizens can and cannot do. If we start disregarding what it says now then what's next? anarchy.
WOW THAT FILTHY OLD MAN ISN'T EVEN AMERICAN! FILTHY TOURIST! FILTHY FOREIGNER! I'M SURPRISED HE DIDN'T ALREADY DIE OF SEVERE OLD AGE. HOW OLD IS HE, LIKE A MILLION? HE'S OLDER THAN GOD!! IN FACT MAYBE -HE'S- GOD. MCCAIN FOR GOD 2008! RESPECT HIM, HE'S OLDER THAN DIRT EVEN IF THAT FILTHY SKUNK ISN'T A TRUE AMERICAN LIKE ME AND PEREZ!!!!!!!!!!!!!!!!!!!!!!!!!!
You are a jackass and so are the people at the New York Times. You could be born on the moon, but if your parents are US, citizens you are a citizen. Plus his father was an admiral in the US Navy, so that means he was probably born on a military base which IS technically US soil. Dumbasses who don't know their basic laws and rights shouldn't be allowed to vote.
first of all, this is OLD news.
we learned about this during my government class MONTHS ago!
Perez, and I think this about sums it up, you're an idiot.
FYI I'm voting for Obama
Has Obama produced a legit birth certificate yet, because last I heard, the one he posted on his site was photoshopped.
Re: steve – LISTEN TRAILER TRASH, YOU CAN'T EVEN SPELL I WON'T BOTHER WITH YOU
haha, and everyone was saying Obama was a not a natural born American citizen, lol.
Re: Judy – HE WAS A POW HE DIDN'T FIGHT SHIT, HIS SON IS NOT ON THE FRONT LINES GET A CLUE TRAILER TRASH
Gee, if you had drawn a little grey mustache on his upper lip……he'd look just like Hitler.
well if this part of the constitution doesn't mean anything… then our bill of rights means nothing either… i don't care if his father was in the military, rules are rules… amendments are okay, but only if the people agree with the amendment… and for this there has not been an amendment to the constitution…
Who is going to better take care of your needs???
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Another wealthy moron, who never would have gotten into college without "Daddy,"
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who's military career has been highly questioned (just look on the internet for comments from others at the POW camp where he was on that . . )
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who left his first wife because she was not attractive enough anymore after the car accident which left her partially disabled?
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who began an affair with a wealth but unstable socialite while still married (and prior to separating, I might add)
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who wants this country to continue at War ad-infinum??? DO YOU THINK WE CAN AFFORD TO BE A WAR LIKE THIS FOREVER????
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don't those of you who support this war REALIZE THE PRICE TAG ON IT????
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I honestly have to question the intelligence of anyone who supports McCain - I'm sorry, but those are the facts - we'll go even further into fiscal bankruptcy with him - and this will effect every one of you.
"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."
Uh, no. Clinton would have. LOL.
Can I, or Arnold Schwazneger, be president? We have gone through the process of getting our US citizens, rigth? And you are correct, Perez; if this would have happened to Obama, forget about it. We wouldn't even have been nominated. But don't worry, Perez, if McCain is elected, the U.S. will have a guy from Panama as president. The most advanced country in the world has a president from another country. I guess that's ok.
he was born to american citizens… making him a natural citizen by birth. if he was born in outer space he'd still be eligible to run for president.
Wow. Reading these comments reminds me of why I want to move to Canada. I love all the constitutional scholars on here. Geniuses… all of you. The fact is: It's a debatable issue, but no one is going to touch it. (Pathetic NH lawsuit notwithstanding.) McCain will be the Republican nominee. Therefore, it's non-news unless you're a nitpicking law professor or a moron who can't spell and posts on perezhilton.com because you think you're, like, smart or something.
I especially enjoy the "But but but… he fought in Vietnam" comments. There have been entire Supreme Court cases over a comma, people! That's the way the law works.
He'll probrobly drop out anyways. He looks so tired and not happy. Kinda like he's being tortured again
WOW THAT FILTHY OLD MAN ISN'T EVEN AMERICAN! FILTHY TOURIST! FILTHY FOREIGNER! I'M SURPRISED HE DIDN'T ALREADY DIE OF SEVERE OLD AGE. HOW OLD IS HE, LIKE A MILLION? HE'S OLDER THAN GOD!! IN FACT MAYBE -HE'S- GOD. MCCAIN FOR GOD 2008! RESPECT HIM, HE'S OLDER THAN DIRT EVEN IF THAT FILTHY SKUNK ISN'T A TRUE AMERICAN LIKE ME AND PEREZ!!!!!!!!!!!!!!!!!!!!!!!!!!
umm its not even mentioend on CNN he is not dropping out..
Re: J – What is your problem, He was a POW for 5 years asshole. Not one person on here can even begin to know the hell he went through, he didn't ask to be a POW. And depending what type of service you are in and your rank determines if you are on the front line or not. His son is fighting for us. Obama hasn't done a fucking thing for our country.
WOW THAT FILTHY OLD MAN ISN'T EVEN AMERICAN! FILTHY TOURIST! FILTHY FOREIGNER! I'M SURPRISED HE DIDN'T ALREADY DIE OF SEVERE OLD AGE. HOW OLD IS HE, LIKE A MILLION? HE'S OLDER THAN GOD!! IN FACT MAYBE -HE'S- GOD. MCCAIN FOR GOD 2008! RESPECT HIM, HE'S OLDER THAN DIRT EVEN IF THAT FILTHY SKUNK ISN'T A TRUE AMERICAN LIKE ME AND PEREZ!!!!!!!!!!!!!!!!!!!!!!!!!!