Thursday, February 28, 2008

McCain Not Naturalized American Citizen?

Holy Smokes!

McCain's likely nomination as the Republican candidate for president and the happenstance of his birth in the Panama Canal Zone in 1936 are reviving a musty debate that has surfaced periodically since the founders first set quill to parchment and declared that only a "natural-born citizen" can hold the nation's highest office. -- IHT.com

Yes cub scouts... This actually is an issue. In 1790 Congress stated that persons born outside of the United States to U.S. parents are natural born citizens. This was also addressed in the Dred Scott case, But this was struck down in 1868 in the 14th Amendment to the Constitution.

According to the State Department:
Despite widespread popular belief, U.S. military installations abroad and U.S. diplomatic or consular facilities are not part of the United States within the meaning of the 14th Amendment. A child born on the premises of such a facility is not subject to the jurisdiction of the United States and does not acquire U.S. citizenship by reason of birth.
This raises a shitload of issues for the Government. If they concede that McCain is a natural born U.S. Citizen, they will have to recognize ALL the kids that were born on U.S. military installations. McCain's parents had to file a lot of paperwork to confirm his citizenship as do many military and overseas families.

It seems fairly clear that the Government has said people born on U.S. military bases overseas are not automatically citizens, which implies they are not natural born citizens. Which means John McCain is not eligible for the Presidency.
The Twelfth Amendment explicitly precluded from being Vice President those ineligible to be President: people under thirty-five years of age, those who have not inhabited the United States for at least fourteen years, and those who are not natural-born citizens.
This is hilarious, their nominee isn't even eligible... What a joke...