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: billi –
you obviously didn't read it. I just did and as much as I respect senator McCain, (i would cross party lines and vote for him if he wasn't pushing war) the Keating 5 qualifies for that definition. Go read it.
so dumb! Why would you even waste space on what a left wing prof. has to say???? Perez, please stick to gossip and Hollywood and NOT politics………very simple…people (including me) read this blog for entertainment, nothing else!
This is bullshit. The democrats ALWAYS play dirty. Prime example right here. Some advive? Stop being the brainwashed idiots who believe everything that they believe. obama has no idea what the presidancy holds or how to handle it. Secondly, why should McCain be penalized for his father being a soldier. Sorry he's not a patriot like Micelle Obama. "This is the 1st time in my adult life I've been proud of my country." Bitch. Why don't youresearch before you vote?
His Dad died at 70.
Fact is I think he will not last in office he should have ran in 2000 instead we got "dubya"
OBAMA FO YO MAMA
Re: billi – did you google keating 5?
Re: sedon –
Is Michelle running for president? Is JJ? Is REv. Wright? Is his family?
Better yet instead of genralizing why don't you use FACTS to argue how Democrats are lacking in sense.
As for Michelle's comment at least she said ADULT life. There are MANY things America does that I am NOT proud of and the sad thing is you don't learn about it til after some tragedy. I was PROUD of my country until I took my head out of the sand and learned some of the things MY AMERICA did overseas in OUR name that I am deeply ashamed of. I love America but America and Americans need to be aware of our surroundings and understand why we are disliked and are targeted. Someone put it best on here when they stated we do not live in a glass bowl on this planet by ourselves and if we want to stop the downward spiral of this country we need to accept our rights w/ our wrongs and own up to our mistakes NOT blindly accept only what we want to hear "with our hands over our hearts" and block out thing we don't. I would like to think that as an AMerican we are intelligent enought to say stop. We are NOT Nazi Germany and lemmings. Accept the good w/ the bad and accept that we need to change. I think ALL Americans can agree on that.
[re=2547988]Re: ?????
YEAH KEEP STEALING PEOPLES SHIT AND NOT INVENT YOUR OWN>
GO SOMEWHERE AND GROW UP SHITFACE.
WITH YOUR 50 PERSONALITIES YOU DON'T SPEAK FOR 250 MILLION PPLE!
WHEN YOU CAN USE YOUR OWN MONIKER AND PROVE YOU WRONG, THEN I MAY ENTERTAIN YOU IN YOUR SILLY GAMES.[/re]
That just made me smile. You really got *that* worked up over somebody stole "your" user name. If you're that mad, maybe you should seriously think about creating your own avatar. I would hate to push you over the edge.
You may also consider switching to decaf.
Re: ????? –
No you should have chosen this one"NO DUMMY.
You Know I do Not agree w/ you BS and you r confusing people with your BS POSTS LELE! U R NOT AMERICA
FUCK OFF BITCH! THIS IS YOUR HABITUAL M.O. ON EVERY FUKKEN POST! GET A LIFE!!
YEAH NOW GO PLAY DUMB AND SAY IT ISN'T YOU. FUCK OFF BITCH!
And you are right I should create my own avatar. Even if I don't agree w/ your politics I'm not so hard headed to NOT listen to you if you are displaying some common sense.
[re=2548111]Re: ????? NO DUMMY.
You Know I do Not agree w/ you BS and you r confusing people with your BS POSTS LELE! U R NOT AMERICA
FUCK OFF BITCH! THIS IS YOUR HABITUAL M.O. ON EVERY FUKKEN POST! GET A LIFE!
YEAH NOW GO PLAY DUMB AND SAY IT ISN'T YOU. FUCK OFF BITCH! [/re]
Did your hands shake with rage as you typed that? do you feel better now? I hope so, but you may want to look for other forms of release. I suggest therapy.
I think its hypocritical to even put this on your page!!!! John McCain's father was an admiral in the NAVY!!!! Of course he wasn't born in this country when his father and mother are sacrificing themselves for it. Hypocritical, rediculous and makes me NOT want to ever read your website again.
Re: jerem –
That's he problem with your country. THIS is more important NOT entertainment. You don't know shit and that is why your empire is crumbling and why you habitually put stupid people in office. America will implode other countries won't have to do it. What does it take? Another 9/11 before you get a clue as to what is going on in the rest of the world? the horrors your country is responsable for? Killing your promising youths in unjust wars over lies?
Country of innovators and leaders? More like a country of simple-minded blind robots that allow colour and religion to dictate your actions on the world stage. Seperation of church and state? Laughable! When A budhist, athiest, jew, muslim, mormon, gets elected to office I will then believe in it.
Re: Chris –
Oh, you'll be back. You lack the willpower to stop, you week sad little man.
Re: ????? – Re: ????? –
No you should have chosen this one"NO DUMMY.
You Know I do Not agree w/ you BS and you r confusing people with your BS POSTS LELE! U R NOT AMERICA
FUCK OFF BITCH! THIS IS YOUR HABITUAL M.O. ON EVERY FUKKEN POST! GET A LIFE!!
YEAH NOW GO PLAY DUMB AND SAY IT ISN'T YOU. FUCK OFF BITCH!
And you are right I should create my own avatar. Even if I don't agree w/ your politics I'm not so hard headed to NOT listen to you if you are displaying some common sense
Re: Chris –
Oh Shut up!
Your reading this shit right now.
really, perez? stretching it a bit far don't you think?
Re: bark – idiot, hawaii is part of the US!!
OBAMA '08!!!
Re: ????? – You're right, you posted it 3 times.
I should have caught that. That meant your were really pissed. Seek help.
Obama… what a joke… McCain will win b/c the majority of people in this country - let me rephrase: the majority of voting Americans - have enough brain in the heads to know that electing a black president will only create a further divide between the races… not to mention electing Obama would ignorant criminals the misconception that they now have 'a voice' in the white house… I watch 'The First 48' and find it painfully amusing how EVERY single 1 are crackhead black people shooting their baby mama or some drunk BLACK man shooting or beating or stabbing or raping and murdering someone… yeah, it's not a coincidence — wooo…I'm off subject - but it definitely helps make my point that until black people, in general, get off their 'The World Owes Me' BS pity party trip - then this country is NOT ready for a black president… Not to mention McCain will support our troops and he wouldn't OK some abomination like gay marraige (EW!) … no doubt Obama would… he's a people pleaser…. nevermind what's BEST and morally correct for our country! GO MCCAIN!!! PS - In reference to "I'm OLD" on McCain's pic - with AGE comes WISDOM….not that I would expect a morally bankrupt, drag queen, butt pirate to know that! PEACE!
I think your a fucking dick head and it's not surprising that in you long explanation you forgot to mention why no judge or democrats would touch this BECAUSE John McCain's farther and mother were in the Panama Cancel because his farther was in the AMERICAN MILITARY and was sent their to serve so while McCain's father and grandfather were great American's in serve to their country as both 4 star Admirals McCain grandfather was actually a great hero in World War II, Obama grandfather and father were in a hut some were in Africa, so you tell me who should have more right to be the President of the United States .
Re: sam – what do the qualifications of their father's have to do with anything?
Look at yourself. Don't you see how sad you are?
Re: Commo –
that goes for you too.
Great job Perez, you managed to scoop this story about a year after everyone else. Please go back to trashing Winehouse and leave the HERO alone.
I think if it was the other way around, people would treat the situation differently…a lot more fiercely. I think Mcain is getting preferential treatment from a lot of pple
everything is so one-sided in this country. the democrats will lose everything if they lose this election. how did this get overlooked? youre right, if it was obama that had this 'glitch' he would have been out last year. how have the last two elections even been legal anyway? hey wait.. lets keep this illegal thing going. maybe next time ILL BE PRESIDENT!! just write my name in, ill find a way. steal some ballot boxes or something.
Everyone knows this! Let him do whatever he wants to do
But lets face it, he's not going to be president. I'm sorry, he's just not!
Obama is a MUCH stronger candidate and he brings so much more to the table.
Leave him alone. You don't know what you are talking about.
You're just finding out about this now Perez? And you think you're qualified to comment on the election to thousands of people?
P.S. I'm a 15 year old Canadian, meaning I'm not old enough to vote, nor am I American. But I have never felt to passionate about a political figure as I do for Obama. He's VERY inspirational, and I personally look up to him.
GO OBAMA IN '08!!!
fuck obama and mccain they will both fuck up america
Re: ????? – O'k you don't want to talk about McCain's father and grandfather being the first family in American history to be father and son 4 star Admirals while Obama's father and grandfather were muslims on their 4th wife all living in a hut in Africa , so let's talk about the candidates accomplishments John McCain has served in the American military for 21 years as a fighter pilot to a military liaison for for the federal government( traveled to every corner of the world), as a captain of a platoon , served two terms as a congressman , 4 terms as a Senator and for most of his senate career was the chairman of the Arms Service Committee, Obama a community organizer to a south side Chicago state representative and has not even finished his first term as a Senator, he has all of 2 years experience in feral politics' and no experience in the military no corporate or business , so why would democrats vote for a guy with no knowledge in federal politics, no knowledge in military affairs , no knowledge in business and finances, no knowledge being the a leader as a CEO or Governor or the military or navy ……. ah let's not look at family pedigree let's look at their personal accomplishments Barack Obama can't even walk in JOHN MCCAIN'S SHADOW and I haven't even mentioned John McCain's impressive legislative record or of him a POW who went through five years of torture and inhuman treatment for his country,
Re: sam – and he was a member of the keating 5. He sold out his constituents.
It doesn't matter what his father did. His father was an honorable man who made the rank of 4 stars. He was a leader and a man of honor. Having served in the navy, I regard his father with high esteem. His son lacks all of those traits.
John McCain has worked tirelessly to limit the VA. He's a hypocrite and a Liar to boot. First he against Bush's tax cuts (do you research about the 2000 campaign, buddy boy) and now, he's reversed his opinion. That's not the only issue he's reversed his opinion about. There are too many to count. I have no idea where he stands and thus I cannot trust him. And yes, I accuse him of sell out his constituents. His greed took precedence over the United States of America. You can put all the lipstick on this pig that you like, but it does not cover up the fact that your party has nominated a very flawed man.
His dad certainly didn't teach him to be like that. So again, I ask you. What does it matter what his dad accomplished? It did nothing for McCain.
who cares? he won't win anyway, and if he does he'll be dead soon enough. then, hopefully, someone would seize the opportunity to assassinate whoever the VP is, and the…please welcome…MADAM PRESIDENT PELOSI!!!!!!!!!!!!!!!!!!!!!!
Re: sam – Obama should be the President ,deal with it douche bag
Kick McCain out!
1. People need to shut up with all these negative comments about Republicans and Democrats. That crap is what divides the nation and corrupts society. Stop judging people because their views belong to a certain political group.
2. I highly doubt McCain will need to drop out of the race. This is just one of the many little issues that occur before elections.
I say they all drop & get Condoleeza in there. She rocks.
the canal zone counts as the u.s., just like a military base overseas
McCain was born there because his father was stationed there while in the Military. American children are born all over the world everyday while there parents are stationed in a for foreign country. It still makes them a US citizen. Maybe if people supported the Military besides when there is a war going on you would know that!!
Barak Obama was not born naturalized either- he was born in a colony i.e. Hawaii which is ok, but one of the parents, according to naturalization laws, has to spend a certain time in USA to grant him actual citizenship. Looks like its neither- go RON PAUL!
Obama is going to win? Scary for someone who has only THREE YEARS experience with the government.
McCain was born on a United States Naval base. All United States Naval bases are considered U.S. soil, just like an embassy. He is a U.S. citizen. Trust me, you dont have to knock him out on a technicality, he will knock himself 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.” That would, of course, include McCain, whose parents were both citizens and whose father was a Navy officer stationed at the U.S. naval base in Panama at the time of John's birth in 1936."
AND there is a question as to whether Obama is a "natural born" citizen of course you do not see the Treason Times or the major media outlets reporting on that do you…hmmm I wonder why?????
I find it funny how easily the rules are bent for certain people in certain political parties. I agree if this was Obama not only would the Rebublicans be all over it, but so would Hilary. I love how the media focuses too much on what Obama's pastor said rather than something that is a madatory rule in the US Costitution.
this is so old news. mccain was born on a military base. an american military base, anywhere in the world, is considered american soil. there's nothing for the friggin democrats to go on, obv.
President John McCain and First Lady Cindy McCain.
Doesn't that just sound wonderful…???
Get used to it.
Re: AC – Mr. Obama was born in Hawaii. Last I checked, at the time of his birth, Hawaii was a state. So you can stop your 'wink wink nudge nudge' innuendos.
And Sarah, who posted right after you is on to something there…. as we saw in your own post. You're a liar and a coward. Hiding behind innuendos rather than just saying what you believe out loud. very sad.
I think this is getting out of hand. Mccain is a U.S citizen. His father was FIGHTING FOR OUR COUNTRY. He was born on United States territory. Obama is another story.
Stop being stupid. This BS has been proven wrong. So has the BS about Obama being ineligible. See www.volokh.com (some constututional law scholars) is you want to, you know, actually learn something.
sounds to me like no one gives a shit about our constitution either way.. this isnt the most imortant thing we've ignored…
I think it's ridiculous that it's even being mentioned. All children born to military parents overseas are granted American citizenship. Period. Another pathetic partisan liberal issue….which liberals seem to live for..all the while blaming the Republicans. That's what liberals do best. They lie and then point the finger at the Republicans. Which is why the liberals always lose.
I guess we should send out a press release to all the American parents of children born on military bases around the world. By this logic, every kid born on a base anywhere in the world is not a US citizen.
Fail.
none of this matters. the stupid sheep will elect obomba and we'll all die.
It's not like this country gives a fuck, so he'll probally stay in the race…stupid old son of a bitch…
The original United States Naturalization Law of March 26, 1790 (1 Stat. 103) …..
The Act also establishes the United States citizenship of children of citizens, born abroad, without the need for naturalization, "the children of citizens of the United States that may be born beyond Sea, or out of the limits of the United States, shall be considered as natural born Citizens".
Re: Erik – Yes, I did google it. If you read the articles you will see he was not one of the three that were found "guilty" of the accusations. I believe in this country we are still innocent until proven guilty, correct?
You are highly uneducated, obviously. Why didn't you post WHY he wasn't born in the US! His Father was in the military and stationed there. Damn your dumb.
it doesnt matter whether he is legal or not. right now what is important is that we keep this country out of the hands of the n!ggers
Perez, stay out of politics. PLEASE!
This isn't that big of an issue. The bigger issue is his AGE! and even bigger is his VOTING RECORD, being 95% compatible with George W. Bush! We as a nation need to put our differences, prejudices, and trivial ideas away to realize how bad McCain will be for the country. People see McCain as a hero, which yes he is, but how can somebody who came last in his Naval Academy, has extremely poor proper English and replica-Bush ideas help America progress into the future? Another four years of Bush is what we'd be getting, and we've seen how much he has done for our nation-OUR ECONOMY IS FINISHED! WE ARE IN A RECESSION! OTHER NATIONS ARE GETTING FAR FAR AHEAD OF US! THE QUALITY OF LIFE HAS REGRESSED!-
HOPE. CHANGE. YES WE CAN!
OBAMA '08!
HE WAS BORN ON A MILITARY BASE!
you'd think the responsible press woulda looked that up.
ok im a hardcore democrat but the fact that you think that if it was barrack who was in the same situation the outcome would be different is retarded, obama clearly has gotten NO unfair treatment in the primary or yet in the general, if anyone should be complaining about unfair treatment its hillary clinton!
What a way to make us look even more stupid to the world…. Go ahead, make a big deal about it, but when that man was fighting for us, we certainly did not care if he was a "citizen". And when he started in the race back in 2000 we certainly did not care. He was born in a US military facility… He is a US citizen…
THIS SOUNDS LIKE SOMETHING THE DEMOCRATS WOULD PULL, man you guys have been hating scheisters in the last year. Take a break, we don't need anymore crap to step in, we're already deep.
lol @ all you hillDYKE/femnazi pieces of shit. go back to the kitchen whore. you vote for a politician on their ideals not their motherfucking gender. after hillary comes obama you brainless piece of housewife shit. seriously, if you vote for hillary on the premise that shes a woman i hope your voting rights get removed
I knew the Mccain wasn't a citizen
He shouldn't run
John McCain was born on an American Naval Base in the Panama Canal zone. American Military Bases in foreign countries are considered U.S. property. Proessor Chin needs to do her homework.
He shouldnt be running anyway.
Democrats 08!!!
he was born when the panama canal zone was a temporary military base/area so therefore he would be a US citizen. if my knowledge holds up
This has to be the weakest arguement I have heard! All citizens HAVE TO be born in US soil in order to be considered relevant citizens? Reduculous! Nuff said.
Re: Tiffa –
How could you think that Obama is a good candiadte for president?!
We are in the middle of a war, wether or not you agree with it, we are there. Wether we keep on fighting or pull-out soon, we need a strong leader with military experience; none of which Obama has!
Re: Oh Pl –
So you're saying that because his father was fighting for our country, and was not on american soil, but on an american base, because of that fact, you say he should not be allowed to be president?
That makes no sense.
everybody fucking knows that if you're born in to U.S parents in a different country you automatically are a citizen of the U.S. unless you reject it yourself. jesus i learned this shit in the 5th fucking grade
Should he win (not sure it will happen, looking good for O) this will be piss on his fire for sure… and lots of b1tching oh hell vote already and kick retard out of office (no offense to real retarded people).
I'm a military brat born on a military base overseas. We are considered natural born citizens. This is a non-issue.
Once again…OLD NEWS - people have been talking about this since early 2007 - OLD NEWS!
I believe he will not drop out of the race but instead just drop dead which is all for the best
i SAY CAll HiM ON iT!!!!! JUS liK3 TH3 ARTiCl3 SAiD- iF OBAMA HAD THiS COM3 UP, TH3Y WOUlD HAV3 B33N HOUNDiNG HiM SiNC3 TH3 B3GiNNiNG OF TH3 RAC3!! i SAY W3 ASK TH3 AlMiGHTY OBAMA [[lOl]] AND S33 WHAT H3 THiNKS SHOUlD B3 DON3! =]
I think Prof. Chin needs to do his homework. Born or naturalized doesn't translate to "natural born." To be naturalized is to be granted full citizenship. Thus the constitution requires our President to be born in the US or granted full citizenship. Any citizen over 35 is eligible. In addition, McCain would actually be considered "natural-born" given the citizenship of his parents at the time of his birth.
whatever it takes to get this guy out of the running!
john mccain is an american war hero… back off! what have you ever done for this country perez… nothing but bad mouth people because your jelous of them!
I am an army brat and was born in another country, to an American military family. It's insane for anyone to question whether McCain is eligible to run..of course he is. Born to American parents, probably on a military base, which is considered American soil: he's 100% a citizen, and has been since birth!
******BTW…has anyone seen where Obama's internet funding has come from?? Oh yeah let's see…Saudi Arabia, China, Iran, and more Middle East. (Look at the article from the New York Times from June 29, 2008) Can't anyone see where the country is headed??? He want's change alright…but at what cost?? And does anyone know the change he is talking about?? And did you see him without a teleprompter on You Tube? Hilarious! And people give President Bush a hard time. Come on.
********Did you know from the time Barack Obama was sworn in as a United State Senator, to the time he announced he was forming a Presidential exploratory committee, he logged 143 days of experience in the Senate. ???? He needs to drop out.
MCCAIN 2008!!!!!!!!!!
he was fucking born on a military base therefore he has american citizenship.
he was born on a military base to american parents, he is an american citizen like it or not. and ps. stick to hollywood, you have no business in politics especially when you dont really have a clue and only posted this story to spread more negativity
Looks like a forum full of insecure Obama supporters.
Then again I'd be insecure if I was one too.