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Sunday, February 10, 2008

McCain was born on August 29, 1936, at the Coco Solo Air Base in the then-American-controlled Panama Canal Zone.

From the US State Department website at http://www.state.gov/documents/organization/86755.pdf

7 FAM 1116.1-4 Not Included in the Meaning of "In the United States"

(TL:CON-64; 11-30-95)

a. A U.S.-registered or documented ship on the high seas or in the exclusive economic zone is not considered to be part of the United States. A child born on such a vessel does not acquire U.S. citizenship by reason of the place of birth (Lam Mow v. Nagle, 24 F.2d 316 (9th Cir., 1928)).

b. A U.S.-registered aircraft outside U.S. airspace is not considered to be part of U.S. territory. A child born on such an aircraft outside U.S. airspace does not acquire U.S. citizenship by reason of the place of birth.

c. 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.

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 -- The Constitution of the United States, Article II Section 1


Anonymous said...

So, the question is: How do we use this, and when?

Rigel Kent said...

Nice try Aardvark. But if McCain's parents were citizen's at the time of his birth (and I believe they were), then he is also considered a citizen, wherever he was born.

It's irrelevant either way, Bush recently endorsed him as a 'true conservative', which kills any chance he had of winning the election.

It'll be Hillary (or maybe Obama) in '08.

Anonymous said...

Rigel, the state department page linked to in this post says otherwise. But on a more personal scale, my aunt was born in Germany to two American parents, and she still had to apply for citizenship when she turned 18, thus she is ineligible to run for the presidency if she chose to, one has to be a born citizen inside the United States. And to apply for citizenship indicates you are indeed not a born citizen. It's a credible thought and warrants further investigation.

Anonymous said...

Oh, allow me to add that my grandfather was at that time in service to the military and was stationed at a U.S. Army Base in Germany when my aunt was born.

The Aardvark said...

Mrs. P.- Perhaps send it to your Representative, and Senator.
Rigel- I have my suspicions that this will play like the anti-IRS arguments that seek to define who does-and-does-not have to pay based upon the definition of "income", using the Tax Code documents. The language is damning, but the courts defer to "Well, everybody KNOWS you are supposed to pay taxes....".

Personally, I have to go with the State Dep't. document as written, rather than the popular understanding, where this McCain thing is concerned. I am curious to see the reactions.

Rigel Kent said...

I suppose it's possible, but I'm still not buying. And I don't even want him as prez. Besides, like I said before, it's irrelevant. He's not going to win.

He had about as much chance as Dole in '96 (and for the same reasons), but then add Bush's support to that; dead in the frickin' water.

Anonymous said...

The Constitution is crystal clear on this issue. Expectant mothers have been flown into the US from military bases just so their children could be eligible. (Paul Linebarger's mother, for instance.)

But, since we're no longer a nation of laws but a nation of power, this point is rather moot. Lord Denethor's philosophy becomes more salient with each passing Primary:

"Better to burn sooner than late, for burn we must....We will burn like heathen kings before ever a ship sailed hither from the West. The West has failed."

Let's light this pyre.

Anonymous said...

Now that I think of it...

I wonder if one could bring suit to challenge McCain's name on the state's ballot, should he be nominated.

This would bear some research.