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.]
DEMOCRATS ARE THE ONES WHO FEED OFF THE MEDIA…(PEREZ)
MC CAIN FOUGHT FOR THIS COUNTRY.. NOW WANTS TO REPRESENT THIS COUNTRY..OBAMA ON ACCESS HOLLYWOOD WAS A JOKE.. i AM NOT A BUSH SUPPORTER EITHER…iF YOU THINK THINGS ARE BAD NOW…OBAMA WILL LIGHT THE FUSE TO THE BOMB THAT WILL DESTROY THIS COUNTRY!!
Funny, if Obama were the one facing this problem and Republicans were trying to report on it, Democrats would accuse them of being unreasonable.
Hmm.
I think any man who is a POW for years to protect the USA is a citizen of the USA. Plus, any of us could have been born out of the country if our mother went into labor on vacation or something. We come back to the USA and become a citizen. It happens all the time.
FUCK MCCAIN, VOTE OBAMA!!!!!!
yeah this is really old news. everyone knows he was born in the panama canal and no one has made an issue of it bc it is considered part of the United States. The same debate happened to Lyndon Johnson, he was born in Arizona and it wasnt considered a state until 1912 and he was born in 1908. old news
Um, this is very old news. He was born on a military base in the Panama Canal, so it still qualifies as American territory. Boy, talk about being about 4 months late…
oh perez perez….. usually I am proud to say I got my political info from you, Castro, Chavez,etc, It isnt often that a gossip coulmnist gives accurate info, and sadly today is one of those days, any child born on a military base ,or of american citizens are AUTOMATICALLY considered american citizens
Re: j – Obama wouldn't be facing the same situation - his Kenyan baby daddy just used the USA for an ivy league education (do you blame him - he comes from a country of uneducated ,barbaric hatchet wielding savages) and slid out the back door without "giving back" to the country that gifted him with safety, an education and opportunity. Serve this nation by fighting for it? Selfish SOB. You should have taken your half black offspring back to that hell hole with you.
if he was not born in the us, he is clearl;y not eliglible to run. fuck that he needs to get his ass out of the race. he was a dog to his first wife and he does not display a respectable image. plus, hes just like bush. they probably make out all the time
Look, I don't like McCain, and I'm not going to vote for him, but this is a ridiculous technicality. Also, I'm pretty sure the Panama Canal Zone counts as a base, which is technically American soil.
If this is going to be such a huge issue why wasn't it tackled before McCain started running? Honestly, sometimes I wonder about this country.
I don't know if any of you have actually read the constitution, but…
Section 1 of Article II of the Constitution contains the clause:
“ 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.
OK, any child born of a US citizen is automatically a US citizen themselves ("or a Citizen of the United States"), so guess what? He passes!! Are you all that scared??
I hope people really read the platforms these two politicians have. I feel that Mr Barack Obama is only interested in firsts, and his policies aren't sustainable for the US, which needs stricter policies.
I don't know if John McCain will win, but the troops shouldn't be taken out of IRAQ, the country will collapse, and there will be far greater dangers than before.
Almost 70% of the policies Obama supports were bills that McCain introduced in the 1990's and 2000's. His problem is that he's not as hip as Barack, nor does he have the STAR power Barack has….
Come on people, he was born to american parents that were serving their country at the time, he's as american as they come. Yes, he should be able to run for president. it would be ridiculous for that to be held against him. If he was good enough to serve this country he is good enough to run for president. Its not like he's an imigrant that just came over. duhhh…
Obama is the one that should be in question here. Obama has little experience and all he talks about it change but i have yet to figure out what he is going to do to change anything. it's a nice slogan but he doesnt have the experience to bring any real changes. He is not america's knight in shining armor like everyone would like you to think. This world is scary right now and even though im not republican, i will be voting McCain because I believe he has the experience to actually do something to make changes. And Yeah, he's older but I would rather have an older president than one with little to no experience. Obama says whatever you want to hear. Even though i dont agree with all of McCain's policies. I think he is real. I feel like Obama is fake and just says what people want to hear at the time.
THIS CAME OUT BEFORE AND NOTHING HAPPENED
Perez, learn your facts! He was born on a U.S. military base!
I find it odd that someone who at least pretends to be all about acceptance and equality scrawls "I'm old" on a picture of John McCain. There are a lot of aspects of this man that are worthy of debate, and GHod knows I hope he doesn't become president, but someone should not be derided for their age alone. Shame on you, Perez.
Re: doy – Hey McBrain, you happen to remember a little incident we refer to as 9/11? A bunch of crazy "muslims" flew planes full of people into buildings full of people. You remember the people holding hands as the jumped from the 80th floor. We are at WAR! I think it would be "wise" of us to screen our next president pretty well. Obama's family history is a little ODD and his friends a little SHADY!
Nope. He's out! It's a technicality that has to be taken into consideration. Arnold may have been elected as GOV. but that's as far as it'll go, Shriver all ready put it in his head that he isnt a born citizen… McCain is out, Romney will likely take his place…
Its pretty simple. Law was passed in 1937 he was born before 1904 he is a legal citizen, since he was born to American Parents. End of story.
Even his wife has "never been really proud of America!"
Oh suck it… that's the only thing that can keep him out of the white house.
Actually Perez, if you REALLY want to break a story…
Obama claims to have been born in Hawaii. Birth records are supposedly public. Yet Hawaii has no record whatsoever of his birth there. I know you love breaking big stories, so I figured I'd throw this your way. It's actually already known by the powers that be in the mainstream media, but they love Obama way too much to bring this out, even though it's true. And they claim there's no media bias…. but seriously, check it out. Hopefully you'll have the courage to bring this out in the media, even though I know he's your candidate of choice.
That is such bullshit! If his father wasnt faithfully serving our country McCain would have been a natural born citizen! So to penalize him because his father was a patriot is ridiculous!
This post makes me sick to my stomach. Perez, you are an ignorant dick. Stop making assumptions about republicans. That whole whole calling out the other party works BOTH ways. John McCain probably can't even say the word "white" without all you liberals jumping down his throat, while Obama and his bigot wife can make it about race ALL DAY. Because of your ignorance I am DONE reading your uneducated trash. I used to think you were funny but one can only take so much of your propaganda. I would suggest maybe getting some sort of degree or education before you put your two cents in about politics. It's really easy to be liberal when you don't even work hard at a real job. You are worthless, fat and stupid. Do the world (and all the celebrities that make fun of you for trying to be one) a favor and go kill yourself. You won't ever be missed, no matter how hard you try to be important.
Re: bark – #
bark says – reply to this
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…but wasn't Obama born in Hawaii? Doesn't that make him foreign-born, too?
hahahahah oh my god. seriously? wow…
there are pictures of McCains hotel room in Vietnam, complete with leg irons, they used to break his arms!
Why wouldn't they let him run still? Obama was obviously born an ape and they are letting him run…
Re: Robin – Robin, I agreed with your statement up unitl the last sentence… Academics have little to do with leadership ability. I love this country and am disturbed that as a nation we are behind in academics. We need a leader who is smart and on top of his or her game. I am republican and I cringe every time I hear George W. Bush speak. He is not the poster child for academics or leadership. I don't think either candidate is qualified or worthy. Our nation is in trouble.
Re: polit – Ha. Obama was actually born in a jungle somewhere. I wish he would just shut up and go back.
The Panama Canal Zone is considered to be U.S. soil therefore he can run for president.
Cute ComeOver! I just love it!
His parents served our country! Why wouldn't he be eligable? It would be insane to not let him run!!!
I personally LOVE it when Perez writes about politics because we get to see how dumb he really is.
the rule is BORN A CITIZEN. I was born a citizen abroad. I have a US birth certificate of a citizen abroad. It's a technicality, but accepting that could open god knows what doors.
I think McCain should ride the 'natural born' wave and drop from the race. he's gonna lose anyway….
As a military wife, I am highly offended that this is even being questioned? DO people even realize what families of military are put through for the spouse to serve this country. SICK SICK SICK He is more than qualified to serve as president because he was born at a time his dad served our country. What a special story he will have in the walls of the white house.
Re: Mia – based on the liberal mindset (looking hot and speaking hip) Harrison Ford should be elected president. Being POTUS is about leadership. Obama served 143 days in the US Senate, and decided he was ready to president. How long is boot camp for a soldier?
He is a US citizen period. Just because one of your parents was serving their country stationed overseas does not change your citizenship. People who raise these issues have too much time on their hands being stuck on stupid. They should be spending what little bit of brain cells they have focusing on issues that really count and affect American citizens.
I agree that if the tables were turned, and Obama was not a natural born citizen then they would definetely do whatever the hell they could to get him out. my grandpa calls Mccain the antichrist. that isnt good.. lol
Re: milit – I hope you all know that there are millions of us out here who honor your service. Some people on this site–hate America, that seems clear from their post.
OH GIVE ME A FUCKING BREAK… HE WAS BORN ON A UNITED STATES MILITARY BASE, THEREFORE HE IS ENTITLED FULL UNITED STATES CITIZENSHIP JUST LIKE EVERY OTHER MILITARY BABY OUT THERE…..
YOURE GRASPING AT STRAWS YOU FUCKING LIBERAL ASSFUCKS. QUIT TRYING TO CONFUSE YOUR FEEBLE CHOCOLATE PUDDING BRAINS BY THINKING ABOUT POLITICS. STICK TO ANGELINA AND BRAD.
Does anyone really care what Perez thinks about politics?
Re: TYPIC –
sooo ridiculous…take a breath and try to realize you're worked up over something you only *think* would happen if obama were in mccain's position. you're pissed off about something that HASN'T EVEN HAPPENED. soz, but someone needs a bit of a reality check
I am about to give birth to my son on a US base here in Italy .. are you trying to tell me that my son is going to be less american because he has no control over his father job location ?? this is really stupid !!!!
John Mccain deserves to run .. even if you dont agree with him or not !!!
he was born in Panama (US BASE ) because his father was serving our country!!!
this is really a shame !!
Perez .. why didnt you add that he was born on a US base in panama ???
why didnt you mention he was born there while his father was in the US Navy?? uhmm
Perez .. stick with gossip honey ..
A rule is a rule is a rule. He knows the guidelines for running for presidency and he knows that was NOT born a U.S. Citizen so he's no different than "Aahnold" running for presidency. It CAN'T and SHOULDN'T happen… He knew a long time ago he wanted to run for president so just like every other law or rule that's been changed he should have attempted to pass a bill/law or an admendment to the constitution that changed it. He though did not do so.
You dont have to be a US BORN citizen to be in the military or fight for our country or whatever other lame crap excuses you people want to make.
He knows the rules and he IS not and WAS not a U.S. Born Citizen thats the rules for being allowed to run for Presidency. PERIOD.
Whether he'd be a better President than Obama thats all a matter of everyone's own opinion.
Re: rick – Oh how true this statement is.
BOOOOOO McCain. Why cant he get kicked out, would it be considered elder abuse or sumthin
as crazy as this sounds, it was certain people in our own government who executed the attacks of 911. watch the videos on youtube while you can.
Re: God – And an idiot is still an idiot!
Obama wasn't born here either!!! He was born on a U.S. base during war his dad fought, idiot!!! Once again, uninformed Dems.
Re: Olivi – McCain was born on an American Naval Base to American parents, therefore he was an American citizen at time of birth. If you are born on an American military base to American parents, you are considered on US territory. I was born and raised on a German Army base and didn't set foot in the US until I was 15, and I have been a US citizen since the day I was born.
Perez,
I understand you are trying to support your candidate but if you are going to report information and make questions pertaining to legal aspects, it may be best to actually thoroughly research what's going on. Maybe try looking up what retroactive application of a law means, or better yet, just hire me (I have four degrees with one of them being a Juris Doctor) to help you when these situations arise!
…you can wipe your ass w/ our constitution…everyone does
hey, it's technicalities like this and following the constitution that made bush the president instead of gore. what does it say about the past 8 years if this issue doesn't even go to trial. btw, there's a difference btwn being a citizen and natural born citizen, for those who mentioned questioning his citizenship when he was fighting for this country. and fighting in a war has been used in the past to GAIN citizenship.
I think Perez is Awol and there is an imposter sitting in for him. Even Perez is usually not this stupid.
Let's just face the ugly truth, it's not what Americans on the left want or what Americans on the right want, it really what illegal aliens from mexico want.
old news.
stop the politics, perez. we all know who you are for.
as well as the rest of the media.
im sick of you posting this crap….you know nothing.
isn't this supposed to be a Hollywood gossip blog?
Unfuckingfortunately, he's fine because it says you can be a "naturalized" citizen…which he is since the amendment allowed for citizenship as long as the parents were American and because he's lived here long enough. If anything he'd need to take the simple citizenship test which should be a breeze (especially since Republicans are notorious assholes about patriotic things) Sorry, but he's still in.
Look, i have no plans to vote for McCain. Having said that, it is ridiculous to even go there (yes, if it was Obama the Repubs would…but they are trifflin' ass gurlz…this we know).
I agree with the Senate.
I support Obama.
Dear Perez,
your an idiot, the definition of Natural Born Citizen is being born a citizen….with at least 1 parent being a US citizen who has lived in the country for 5 yeahrs at a time. Look at where OBAMA was born, and how long his mother lived here…he doesn't meet the requirements asshole….stick to things you know….
this is truly old and outdated news. the new york times ran an article concerning this issue about 3 months ago… it may have even been longer than that. the point of the article was that this issue would NOT be a problem. if people want to read more simply search nytimes.com. i would expect more form you perez. i had thought you would read the nytimes, the true defintion of news and media in america and internationally.
I HOPE THESE FORUMS AREN'T WHERE PEOPLE NOWADAYS ARE GETTING THEIR POLITICAL INFORMATION… although it probably is given all these obama supporters.
HE WAS BORN ON A AMERCIAN MILITARY BASE, YOU DORK!
If he was born on a miltary base, which is usually the case with children born to military parents stationed over-seas, then he is a natural born citizen–all military bases are considered US land…therefore he is eligible
Re: meg – if you think the media is dominantly liberal than you are very, very ignorant
Uugh that's so true! If that was Obama the Republican freaks would never let that go, but because it's McCain, the future dictator of the States, he gets by without anyone questioning. Do the Liberals purposely not do anything to let the Republicans win?
he's outta there
that doesn't make sense. you don't need to be born inside the United States necessarily, you just need to be born a United States citizen.
OBAMA 08.
I think Arnold will want to run for president!
he's a citizen now isn't he? so wats the problem
obama became a citizen, and wasn't born one either….
neither of them are born citizens
but obama will be president
I don't think the Republican aspect has any relevence. It seems to just be an oversite. I imagine, if this is even a true story, it will be on all of the news stations.
Re: hold – my bad, im wrong, he was born in hawaii…. go Pres obamaaamama!!!!!!
When children of active duty military are born out of the US, they have DUAL citizenship from BIRTH. From the country they are in and THE US as their parents are US citizens and the parent is serving their country, THE UNITED STATES. The professor is full of S___. John McCain is a natural born US citizen.
oops, my bad, barack was born in hawaii… go pres obamaaamama!
that asshole better not be able to…
but of course they'll coincidentally bend the law for mccain. you know it.
the basssstard is just another dubyah… bending the election in his favor.
history does repeat hmm?
at least both of his parents were citizens- unlike Obama. his father was MILITARY- he wasn't just BORN in panama because his parents were expats.
if obama enacts the tax increase on capital gains, he will put this country into a severe depression. get ready to lose your IRA.
you believe the dumbest things. AS IF the dems are some clean players! It's politics- mccain is the only senator who has not put pork in bills to waste your money. Obama is dishonest. good luck. Nothing like insulting someone who has served for years in the military. there's no pleasing you asshole liberals- first you hate Bush because he supposedly didn't serve. now you hate mccain because he did! idiots.
Republicans would have fought to make him ineligible? Yeah, and Liberals aren't a bunch of cryin' ass pussies!
Re: peachy queen – stupid. the dems are doing this RIGHT NOW- you can suppose and imagine all you want what republicans would have done. You dems are the unhappiest, most miserable, self entitled bunch of slackers- and you have all those rich people telling you what to believe- go blow Soros. You'll never get ANYWHERE with obama in office taxing your asses - don't ever ASK for a raise because you will be taxed on it. Enjoy your welfare state.
I have to tell you that if he was born on a military installation overseas, he is a US born citizen. We have 2 children born overseas and because they were born to US service members they are considered natural born citizens.
Re: TYPIC –
It's nice that this is what Obama studied in law school, don't you think?
i think that the panama canal zone was a duly constituted insular area of the united states at the time that john mccain was born there and therefore he has natural born birthright citizenship as defined by article 2, section 1, clause 5 of the federal constitution. i don't know who i'm voting for, but this is a completely fraudulent issue made up by some hack political enemies of mccain. case closed.
Funny, cause some say Obama was not really born in Hawaii but was brought there from the Philipines and declared citizenship
Perez, get over it. Obama won't be President.
this is annoying. no one wants to hear your liberal ass views. talk about celebs.. not politics. you are going to lose a lot of viewers by blabbing your mouth about crap that you don't know a rats ass about. I like you, but seriously. shut up about this stuff. if you are going to talk about this.. talk about how obama doesn't let muslims sit behind him when he speaks, or how he supposedly "flipped off" hilary clinton, or how he just recently changed his viewpoint on the war because we are actually making headway. You are being totally unfair.
this is so retarded…. Could be worse we could have a president name oSama, OH i am Sorry oBama… very cool. They guy is more worried about if is daughters are approved and if him and his wife are getting enough "alone" time then he is about what is acutally going on with this country or what the hell is going on with US as is in the United States. He will be just our congress that we (as in me) all Dem voted in and they have not done a frecking thing. They sit, they talk, they argue and they get nothing done, nothing. Oil prices, the econemy, rebuilding towns that have been destroyed. They have not talked about anything they said they would fix or try to improve on. JOKE any Dems…they only thing they love is people who come into this country and live free off the hard working other americans and the other hard working people who have come here from other countries trying so hard to make a living here and try to get their citizenship. But those certain people ruin it for them all. Vote dem, it is your choice but i know i wont anymore..
Well, Obama is such a prissy little bitch that he will probably start making a stink about it. Like he did with Florida and Michigan elections "Not following the rules".
This is also how he got in office in Chicago, by having his opponent removed from the ballot because of rule violation. He ran unopposed
Nader08
Perez, please if this situation were brought up about Obama everyone would be playing the race card. It's okay to bring up about McCain because he is a white man. Double standard people!
WHY DON'T YOU PUBLISH AN ARTICLE ABOUT OBAMA HAVING THE SAME PROBLEM. HE MAY NOT TECHNICALLY BE A NATURAL BORN US CITIZEN EITHER. HIS FATHER WAS NOT A CITIZEN. HIS MOTHER WAS ONLY 16 AT THE TIME OF HIS BIRTH AND ACCORDING TO HAWAII LAWS AT THE TIME, HE IS NOT CONSIDERED NATURAL BORN EITHER.
this came up the last time he ran for president & nothing came of it. Someone just wants their name in the papers. It's a non-story.
Um Perez, this was news like 6 months ago. Maybe lay off the Jonas brothers or whatever preteen crap you're obsessing over now and pick up The Times if you're going to write political blogs. Otherwise, just stick to the gossip and crap we love you're ass for…
Re: RedBi –
Your not you're I'll fess up I'm a shit yper and speller.
Obama has the German people in a row now, wants to give campaign speech in front of Bradenburg Gate in Berlin. thinks he's already been elected. Only Americans to give speech there President JFK and President RWR. Wonder if Obama will have his little pretend presidential seal with him? I'm sure the Euro's will be crazy about him, misery loves company! Our unemployment rate is 5.5 and Euro is in double digits. Change we can believe in Go Obama—-NOT
Re: KevinK – Pipedown 294/295. You stick with what you know. You alone, with "yourself", in your room, with only one free hand to type. If you know what I'm sayin'.
It would be an absolute conservative's dream to have McCain become disqualified as the Republican's nominee. He was never the conservative's choice. The reason why this will never be an issue is the the democrats want McCain right where he is because it pretty much guarantee's a win for Obama. Obama will have to screw up bad to have McCain be any sort of competition.
Re: KevinK – Pipedown 294/295. You stick with what you know. You alone, with "yourself", in your room with only one free hand to type. If you know what I'm sayin'.
I was born in the canal zone, when will this rabid anti panama canal zone hate speech end. Oh you aren't a citizen, bite me, I'm going to my Panama Canal Zone Liberation Church, and going to hear how the damn Gringo, and fake hispanic (you perez, you phony) have kept me down, so go take a flying leap you punk, VIVA PCZ.
Mc Cain is muuuuch better than Obama!
He's a US citizen! There shouldn't be two classes of US citizenship. Who cares where a US citizen was born!
.
If he was born at a military base, then it's US Soil. No matter any way you look at it. This is just old news trying to mud up McCain. You got anything better than this P? Give me a break. You retard. You should know that any military base in the world that is a US Base is considered US Soil. You're such an oblivious idiot, go stick your head in your lovers ass.
wait a minute..he was born in panama because of his fathers military duty. not because his parents were off in a vacation or his parents were ex pats but because of MILITARY DUTY…..we give up our "normal" lives to go live on bases..move around where this country needs us to be..and our children are considered LESS AMERICAN!? give me a fucking break. He put his life on the line for this country…and those men who have these kids that arent "natural born citizens" have them that way because they're defending your right to be a flaming fag without being hung in public.