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.]
Re: o –
Perez was born in Miami..
After telling Americans how stupid we are for not being able to speak French or German or Spanish———————HE NOW ADMITS
are you kidding ?
i thought a president had to be from the usa, born in the usa !!!!!!!!!!!!
Perez, stop swallowing for long enough to think! This has already been challened and figured out. Stick to attacking Speidi and their guns, and stop trying to tackle the real issues.
Just keep drawing skulls on hoodies and you'll be fine!!!!!!!!!!!!!!
Boo Obama!Go Mccain!
Holy shit….I really hope that the some of you are not registered to vote. Some of you are a bunch of idiots. Get the facts before you comment and ASK YOURSELVES….WHY WON'T OBAMA RELEASE HIS BIRTH CERTIFICATE?? What is he hiding? You're only voting for him because his has a (D) next to his name.
Perez stick to what you "know". You are not ready for intelligent commentary.
you can't even get on
"survivor" UNLESS BORN IN THE USA.
he's not going to win anyway. he's just too damn OLD.
obama was born in iraq. stop forcing your opinions about him on us perez. I would rather have an old guy for president instead of a famewhoring muslim.
I believe Reagan was 70 yrs old when first elected and he served TWO fine terms. If you are so strong in adhering to the policies of the constitution and it's amendments, Perez, then show me where it accepts gay marriages.
Can't you freaking come up with anything other than "I'm Old" to put on his photos? Oh yeah, you're not that clever and he doesn't have any skeletons hiding in his closet like his running mate, so the only thing you can do is practice ageism, which is illegal just like racism and sexism. However, I'm not clear on the laws regarding fags, can we hate you just for being a big a** f***er?.
Perez stick with your fagish chitter chatter about all of those losers in Hollywood and STAY OUT OF POLITICS. I understand why you are doing this is because of all of the hits you get when you post election GOSSIP.
NOBAMA08
NOBAMA08
NOBAMA08
NOBAMA08
agreed, the liberals are just as "hard on america" as the conservatives.
and for the record, mccain was born in the panam canal when it was considered us territory.
After telling Americans how stupid we are for not being able to speak French, German, or Spanish, HE NOW ADMITS—-HE CAN'T. Can you say LOSER
Keep politics out of your site. Not a good business move.
the one that was born out of the usa is fucking ovomit
ask ovomit to present all his documents….he won't!!!
mccain presneted all the necessary paperwork…what's ovomit waiting for???
Don't be pathetic. No one, not the Republican party nor the Democrat party, would deny an individual the opportunity to claim citizen status b/c they were born abroad while their parents were stationed there for the military. Plus, does the fact that McCain served in the military, and…gee, I don't know…was a POW solidify his love for his country. There's no need to say that the Republican party would stoop this low. No one, but petty, angry teenagers, would say that. Perez, you are better than that comment.
Perez, Good News Dude, Barrack dropping like a rock! Newsweek reports Obama has lost 12 points in one month, has not released "money report for June, now neck and neck with McCain and Hillary is contacting superdelegates! This is a hell of show, pass the popcorn!
kick the bitch out of the race! fuck republicans.
Obviously you were unaware that U.S. military insitutions are considered sovereign U.S. territory just as foreign embassies in this country are treated as their sovereign territory. Also, the Panama Canal zone was U.S. territory by the agreement we had with Panama at the time. Oh, and Fidel Castro is still alive.
i just want to say im really glad so many of y'all are so well informed as to what bs this is….and i agree that perez, you really need to stay out of politics. nobody cares about your opinion in that arena….you really need to stick to drawing little white dots on people's pictures
PLEEEEEEEEEEZE NO MORE POLITICS FROM YOU!!!
Here's what I think:
If the United States will accept a man as a soldier in it's country's military, it would be a huge heap of shit for not allowing that same man to run for the presidency.
Hate to burst your bubble but there is talk that Obama may not be legit either. Something about his parents not being US citizens long enough before he was born.
you're a fucking IDIOT perez holey fuckin shit
firstly, if all of you want perez to stop bashing on mccain, you all need to stop bashing on obama. stop being hypocrites.
secondly, i think that they should follow all rules and not overlook things just because he is whitey. go by the damn books. i, along with all other liberals, hate mccain. he is exactly like bush and this country will crumble, like it is now, if he is our president. he is a money hungry dipshit who does not care about any of the people who live in this country. obama on the other hand wants to change the terrible situation that we are in. he is not in it for himself, he is in it for the people that live here. even if he fails at changing our economy or keeps the troops in iraq, at least he did try to fix things.
and thirdly, all of you republicans need to stop bashing on perez as well. this is a gossip site and he can gossip about whatever he wants. whether it be politics or anything else. if you do not like the republican bashing, stop coming to this site. he has more than enough other people coming to this site to give a shit what you say or want to see on this site. it is a blog after all, isn't it?
GET OFF YOUR HIGH HORSE - THE MAN DID THIS MORE FOR THIS COUNTRY THAN OBAMA WILL EVER DO
I think this is pretty old news by now. I also read that it didn't matter because his dad was stationed in the Panama Canal and any child born out of the US to American citizens while a parent is abroad and on duty with the US military it doesn't matter. Besides, lots of stuff about Obama could be just as threatening. It really says something when even Jesse Jackson doesn't like him…
This has been discussed for years (when did he start running for pres? 88?) and it's clear that McCain can legally be president. But, folks discussing his military service are mistaken that it automatically qualifies him for the presidency. The POTUS must be US born (or on US territory), while foreign-born folks are free to serve in the US military.
Natural Born Citizen is:
One Born in the U.S. (guaranteed by the 14th amendment) — Obama
One born abroad to parents who are American citizens — McCain. It doesn't matter if you were born on a military base or not. Embassies and bases are not U.S. soil, they are rented by the American government.
In order to pass American citizenship to babies born abroad, there are stipulations that at least one parent has spent five years after the age of 16 living in the U.S., but that doesn't apply to either of the candidates since Obama was actually born in the U.S. and both of McCain's parents are American.
I say that the government is corrupt enough. Stop changing our laws that have worked for years and trying to fuck up our constitution that has been working for AGES!!!! I think only a natural-born citizen should have the right to run this country (even though Bush has sucked MAJOR balls his last two terms). I am voting democrat, and I can honestly say had Obama been in this situation, I'd still say it would be unjust to let him run this country.
OUT WITH MCCAIN!
QUIT SLAMMING McCain-it's sooooo evident that you are a liberal Nobama
supporter. Word's out that he may not be legal either (birth, etc.) At
least be fair and slam both sides Perez-what a bad horsey you are, whack
your peepee!
++++++ JEB BUSH CAN FIX THIS TOO++++++++
What the hell are you doing covering politics? There are better websites than this for political shi*. Stick to the rumors, no one wants to hear what your biased a$$ thinks!!
I seriously cannot believe the idiocy of some people. Any US military installation is considered American soil… and I refuse to believe that a Republican would make an issue of it if Obama were the one born to TWO American citizens anywhere and especially a military installation. I'd disown them if they did.
Seriously..come on….this is ridiculous..his parents were in the military!!! He has every right to run for President!
Fucking idiots he IS American he was born to 2 American citizens therefore he is American even if he isn't born in America.
Even Brangelina French born twins can run for the American presidency in the future because both parents are American citizens.
It's the law.
You don't have to be born in The USA to be president it's a stupid myth.
WOW EVERYONE KNOWS THIS. yer an idiot perez.
If some of you want to have some fun, check on Obama's citizenship. I've recently heard that he may not be a legit citizen either. Something to do with his mom not being old enough when she had him to be considered a citizen of the U S. Wouldn't it be funny if we had both candidates not be legal citizens?
Perez, you might have to update that headline soon, "Will Obama Need to Drop Out of the Race?
DOES THAT MEAN RON PAUL HAS A CHANCE!?!?!?!?!?!?!??!?!?!?!?!?!?!
:D
BULLSHIT!!
:)
Robert Redford goes to Dublin, and tells the Irish, Obama NOT tall on experience———-but he's a good person———-and he's smart———-and represents Change! Mr. Redford you forgot "he's clean and articulate"
Obama is so prissy that he will probably make a stink about it.
"Breaking the Rules.." Like he did with not standing up for millions of people in Florida and Michigan who's vote didn't count.
That's also how he got elected in Illinois. His opponent violated some rule and he got her name removed from the ballot. He RAN UNOPPOSED.
He is such a phony prick I cannot stand him.
SCHWARZENEGGER FOR PRESIDENT 2016!!!!
Re: black –
OMG NO!!!
he is just a fucking actor.
Re: Shan –
DOES ANYONE UNDERSTAND THE FUCKING ARTICLE, WE ARE TALKING ABOUT NATURAL BORN CITIZENSHIP, NOT WHETHER HES A CITIZEN(CUZ WE ALREADY KNOW HES A CITIZEN), DUMBASSES!
THIS IS EXCELLENT, IF MCCAIN GETS TO RUN, I THINK THAT EVERYONE WHO'S AN AMERICAN CITIZEN WHETHER THEIR BORN OVERSEAS OR NOT SHOULD BE ABLE TO RUN! THAT means MCCAIN CANT BE THE ONLY ONE!
Come on. McCain was born at Coco Solo Naval Air Station, which, at that time, the Panamal Canal was under American control. His parents were doing something good for our country, while Obama on the other hand was busy going to Muslim schools and growing up in Jakarta… If any democrat really thinks they should question the eligibility of a candidate, then that's just the kettle calling the pot black.
OMG! It's RUPRECT from Dirty Rotten Scoundrels!! MUUUTHER?
Military families give birth to children overseas ALL the time. McCain is a born US citizen.
The law clearly states that "Any person born in the Canal Zone ON OR AFTER February 26, 1904, and WHETHER BORN BEFORE OR AFTER THE EFFECTIVE DATE OF THIS CHAPTER, 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".
Furthermore, the US Constitution does not define what it means to be a "natural-born citizen", only that one must either have been a citizen before the Constitution was ratified, or, if born after that date, be a natural-born citizen. Therefore, it's perfectly reasonable to interpret that requirement as "people who are US citizens as of this day or who are born as US citizens after this day." Which John McCain was and is according to the law passed in 1937.
Furthermore, as Jay pointed out, 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."
I realize this is a lot do you kiddies to grasp, but if you're going to start arguing that "the law's the law," try to keep up with what the law actually is.
oh yeah & you & YOUR CHILDREN can serve in the military & you can be tortured & held as a pow & stand up for your country but you can't run for president. get over yourself perez. this is also really old news & nobody is making anything about it except you & these idiots you are quoting. if it was a big deal all the liberals would have exploited this.
My mom is Panamanian & my dad was in the Army based in Panama. I was born in the Panama Canal Zone and am considered a U.S. citizen. Just because someone wasn't born in the States, doesn't mean they're not considered a U.S. citizen.
I think McCain knows he's not eligible and I think he's well aware that he's going against the constitution. What do you think this says about his presidency, if the unlikely chance of him being inducted into office happened? I think the founding fathers would tell him to fuck off. they didn't make the constitution so war vets could transpose it.
Re: MarineWife – Thank you!!! That's what i was thinking
WE allowed him to fight for our country so therefore he should be a citizen!!!!!!!
If Cain gets away with it the nest step is Arnie for president!!
Re: Sarah – Exactly all this takes away from the issues.
He is a natural born citizen, citizenship conferred after your birth to a child of american parents states on the report of birth abroad that they became citizens the day they were born, not the day that it was recognized. Also, he was born on a military base which is technically American soil abroad. All people born on military bases are considered citizens from birth without even needing to apply now, the law might have been different when he was born but as it stands now he would 100% be a naturally born citizen of the US. I don't know what that law professor is on. I even have a statement from the Embassy to support this from when my son was born abroad.
Actually, McCain is a U.S. Citizen as he was born in a U.S. military zone to U.S. parents. And, to clarify the situation during the primary run, congress passed a resolution recognizing that McCain is a natural-born citizen, to which Obama and Clinton voted "yes".
This is the stupidest thing I have ever heard of! I was born in another country to American citizens on a military base! I just have to laugh at how STUPID this is!
MCCAIN 08'
Re: jon – YOU ARE A STUPID JACKASS! I am so glad my husband is in Iraq fighting for your freedom! Because you really deserve it! People like you make me sick you are a bunch of bitches who would never have the guts to do what our soilders are doing for this country! You are nothing but a FUCKING BITCH!
Fact-McCain is a war hero and has been in the house of representatives for 24 years. Obama is the most politically under-qualified individual to ever run for president so even if McCain was born from the depths of Hell, he'd still make a better president than Obama.
Re: Stern – enough of the racist comments–you can address her respectfully as MR. James Brown
since when is Hawaii a US state? It is a TERRITORY, fuktards
agreed that if it was obama there would already be much more action on this…i think it's just to ease us into the idea of the "governator" eventually becoming president…not lol'ing…mixed feeling because our life is so global and one day not so far off the "naturalized" text will seem archaic, and agreed that his family did do good service but so have other foreign families…
its a mute point. McCain has less than no chance of winning the election. it shows how tragic the republican gene pool has become….they only half decent candidate is bearly eligable. I refuse to believe that they were ignorant of the situation.
well I think that if we can't overlook wording such as "marriage is between a man and woman" without a fight then we CERTAINLY can't overlook this!!! Our government CANNOT pick and choose the parts of the constitution that they're going to take literally! If we're going to take certain parts of it litterally then we need to take ALL of it literally. McCain should have to fight to have a law changed just like the rest of us!!! Like you mentioned, if this were a Democrat who wasn't a "natural born citizen" the Republicans would CERTAINLY be kicking and screaming!!!
Obama 08 baby!!!!! all day!!! the old hag will surely die in office..lmao
Re: bark –
when was Hawaii formally part of the US,(just a question?)Re: bark –
this is retarded, he is not going to drop out. he is a US citizen.
My goodness, Perez! What are you so afraid of?!? You'll still be famous and loved when Mr. McCain is our president. What are you so afraid of that he will be our next president? I am curious.
whatever it takes. OBAMA!
It sickens me that this was even brought up. Hillary must be giving them tips.
*rolleyes* The left are just pissed that they wont be able to call him a Chickenhawk when he gets the presidency.
Re: ash whatever it takes. OBAMA! –
That's a scary statement.
DROP OUT YOU OLD COOT!!!!! WE DON'T WANT 4 MORE YEARS OF BUSH ANYWAY!!
BUCK FUSH!!!!
Re: olivi i, along with all other liberals, hate mccain. he is exactly like bush and this country will crumble, like it is now, if he is our president. he is a money hungry dipshit who does not care about any of the people who live in this country. –
Another person that has no idea what she/he is talking about. Stop spreading hate and baseless accusations. The two are nothing alike either.
Enough with this narrow-minded hate drivel.
Re: gstar its a mute point. McCain has less than no chance of winning the election. it shows how tragic the republican gene pool has become…. –
Um, I'd go and look at the poll numbers (The true ones, no ones made up by blogger X) And the only party that has become tragic is the left. Bush should have easily been beaten the first and second time. So what do they give us? Kerry and Gore. Both total losers
I wont be upset Obama or McCain get in. I'm just glad Hillary didn't get a chance. (Just like I said she wouldn't)
But your statements were pulled from your lower orifice and have nothing to do with the facts.
[re=2546413]Re: malco DROP OUT YOU OLD COOT!!!!! WE DON'T WANT 4 MORE YEARS OF BUSH ANYWAY!!
BUCK FUSH!!![/re]
I worry about those that think Every Repub = alike. It's narrow minded thinking like that that is really ruining this country. This left/right separatism that is tearing our country apart.
This fact about McCain has been out for years already. I'm sure his team has investigated loopholes around this years ago.
Funny- but Barack Obama won't let anyone even SEE his birth certificate……what is he hiding.
i think mccain will end up winning either way based on that he is a republican like bush and seems closest to bush. its sumthing shady in our government that keeps electing ppl like bush and mccain. wut happend to good ol bill clinton. i want obama to win…simply cuz its sumthin different…and our country needs a change…ya dig?
Where do all you liberal retards come from? Can any of you put some thought into the things you say, or do you all just act & speak according to how someone makes you feel? Case in point, Obama is a do nothing, inexperienced, un-loyal SOB! Any of you could look up his record from his years in the Illinois legislature & you would read about how he took no position on over 125 serious issues, in other words he voted PRESENT! Why did he do this you ask? because he didn't want any bad choices to come back & haunt his ass since he knew he would be running for President. Or how about the fact that he acted as a U.S. Senator for 143 days before he started running for president, and he has yet to put forth one bill or even co-sponsor a bill. Do any of you morons really trust his inexperience to run this country. Oh yeah, I forgot he is hip, good looking, and he makes you feel warm & fuzzy when he talks. Or is it that you think he will bring world peace & create a bunch of new programs for all you young people? Give me a fucking break, why don't you try being somewhat educated rather than the inbred fools all you Obama supporters sound like & vote for someone who can & will lead this country successfully & forget about his age, in this terrible time wouldn't someone with some experience be a better bet? YES
Perez, you ignorant slut.
By federal law, anyone born to american citizens has citizenship. Also, anyone born in a US territory is a US citizen. This has never been questioned — except by a few idiots grasping at straws.
What a crock of bullshit! McCain is a citizen and will be allowed to run for President. Children of those born in foreign countries due to their parents being in the service of their country are considered native born. The rest of you get over it.
Two of my children were born at an Air Force Base in Japan where we were stationed at the time. They did not receive birth certificates. They receive what is called, 'Consular Report of Birth of an American Citizen Abroad'
The laws clearly make children of military service personnel born anywhere a citizen of the United States of America. And the law regarding anyone born in the Panama Canal starts in 1904 (even if only enacted in the 1930's). McCain was born after 1904 and as a child of American military personnel. McCain is clearly a citizen of the USA and only an idiot would think otherwise or try to use this argument to undermine McCain.
Re: milit –
WOOHOO for the MWs! Things in the US aren't the way they used to be. Military members USED TO get repect. People have no idea what it means to be a POW or even send your loved ones off to war to fight for our country.
With Rush Limbaugh we don't need to worry about Perez. he can't hold a candle to the facts Rush has. Now that the lead for Obama has slipped and there even. Perez and Dem's are scared. Let him push Obama. It's been proven when stars push politics they kill there candidate. keep it up perez
We will take your help all day.
You idiot, he was born on a military base. That makes him a citizen whether he was born in Panama or Germany.
Mccain is a natural born killer just like his boss, how many people are dead because these guys invaded a country with no wmd, they were a threat to no one, where is a good old hippie when we need one, no more war mongers. god bless america
I think it's a bunch of crap. I may not be for McCain, but as a fellow American citizen born abroad to American parents serving in the United States millitary, I think McCain has the right to run for President of the United States. So my birth certificate says, "American Citizen, born abroad" on it, why does it have to be qualified? My parents were in the United States military, I was born on a U.S. military base. This McCain thing brings up just bitter memories for me about college applications and constantly having to prove every year when applying for financial aid that I was a U.S. citizen. This goes to a court, and even if I loathe McCain, I'd back him on his right to run for president. Wouldn't vote for him, but I'd back his right.
You are surprise that this man is still allowed to run? The Republican has bent every rule there is to steal power. All the POW stuff about McCain is just down right twisted. This guy told the enemy everything they wanted hear from him. After he sang like a bird, they treated him some kindness which was the opposite than his comrades. His fellow Pows was also tortured, but they didn't divulged any of the United States secret. This is the reason why McCain didn't leave when he had the change to. The treatment was completely different. Oh yeah, his broken arm was from the crash from his plane. It wasn't from the enemy camp. McCain is a liar, cheater and a thief.
Re: lisa –
That's actually wrong…you HAVE to be born in United States territory in order to be eligable to run for President.
Obama has dropped so much, he's gonna have to re-fight Hillary at the convention. Now he say's she might make great VP. Hold out Hil, he might not make such a good VP! Go McCain Operation Chaos, Now fully operational!
prof. who?
I am afraid that OBAMA might be the anti-christ.
The comments on this board make me sick. We need a Democrat in office, Republicans have fucked up this country and they'll keep doing it. If this was Obama they wouldn't stop talking about in the news and papers and the Republicans definitely would fight to kick him out of the race. Perez is not bashing rep he is just stating the facts. Fuck Republicans and Mc Cain
Re: kay – If you do your research, Obamas mom was a U.S. Citizen(kansas) BUT Obamas dad was KENYAN—NOT A U.S. Citizen. So if you think McCain is out for being born ou tof country to military parents serving in Panama, then it needs to be fair and OBAMA be out too. Stop being such a 1-sided ignorant piece of shit. Too many of them on here and in this country.
and to the person who said our country is behind academically has no idea what the hell they are talking about. Our country is the academic leader of the world.
Re: Emily –
REALLY?! YET WE DRAG OBAMA THROUGH THIS ON EVERY POST!
WE CALL HIM MUSLIM AND YOU REPUBS LOVE SAYING BARRACK HUSSEIN AS IF WE SHOULD SHUDDER IN FEAR! FACE FACTS! IF IT WAS BARRACK YOU WOULD BE SCREAMING FOR HIS NUTS!
FUCK OFF BITCH!