11-04-2008
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#1 (permalink)
| | McCain was not born in the United States.
McCain's birthplace prompts queries about whether that rules him out
Published: February 28, 2008
The question has nagged at the parents of Americans born outside the continental United States for generations: Dare their children aspire to grow up and become president? In the case of Senator John McCain of Arizona, the issue is becoming more than a matter of parental daydreaming.
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.
Almost since those words were written in 1787 with scant explanation, their precise meaning has been the stuff of confusion, law school review articles, whisper campaigns and civics class debates over whether only those delivered on American soil can be truly natural born. To date, no American to take the presidential oath has had an official birthplace outside the 50 states.
"There are powerful arguments that Senator McCain or anyone else in this position is constitutionally qualified, but there is certainly no precedent," said Sarah Duggin, an associate professor of law at Catholic University who has studied the issue extensively. "It is not a slam-dunk situation."
McCain was born on a military installation in the Canal Zone, where his mother and father, a navy officer, were stationed. His campaign advisers say they are comfortable that McCain meets the requirement and note that the question was researched for his first presidential bid in 1999 and reviewed again this time around.
| They can lock you away
Just for thinking out loud
And throw away the key
No-one's caring how you feel
Or what is or isn't real
This foolish world
Will hold you down
Screw your feet into the ground
But they can't take away the stars
Where in the world is your inspiration
To say the things you're aching to say
Wherever that turns out to be
Go there this day |
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11-04-2008
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#2 (permalink)
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Well, perhaps 40 years from now we will see a president born in occupied Iraq.
Laws and rules are made to be broken by the rich and powerful.
| Princess by birth, size queen by experience |
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11-04-2008
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#4 (permalink)
| | McCain has faced questions about this issue before. He was born August 29, 1936 in the Panama Canal Zone, to two U.S. citizens. It's a common misunderstanding that the zone was a U.S. territory - in fact, the U.S. had lease rights, but not territorial rights. And according to some lawyers who work in this field, past citizens in the Canal Zone - again, born to U.S. citizens - have not been considered "natural born."
Yet according to the Naturalization Law of 1790 that sought to define the term: "And 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."
See also: Weedin v. Chin Bow 274 U.S. 657 (1927): "A child born outside the U.S. cannot claim U.S. citizenship by birth through a U.S. citizen parent who had never lived in the U.S. prior to the child's birth." So in other words, had McCain stayed in Panama after being born there to US citizens, he still would have been a citizen but any progeny he may have sired while there (if he didn't come live in the US before then) would not have been citizens. But since his parents HAD lived here, he's good to go.
now go check out if Obama is. PLEASE.
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Last edited by Biggin'; 11-04-2008 at 05:44 PM..
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11-04-2008
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#5 (permalink)
| | Quote:
Originally Posted by dreamer20 U.S. District Court Judge Joseph LaPlante ruled Fred Hollander, of 56 Dorchester Way, lacked legal standing to bring the complaint, thus the case was dismissed. LaPlante relied upon a landmark 1974 Supreme Court ruling saying to bring suit in federal court a citizen has to be an injured party, be able to challenge conduct that caused the injury and can through a suit get that injury remedied. | LOL, if McCain wins, I would consider myself an injured party. | Princess by birth, size queen by experience |
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11-04-2008
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#6 (permalink)
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I did not say he was not born on what is considered an American territory or to non-American parents.
| They can lock you away
Just for thinking out loud
And throw away the key
No-one's caring how you feel
Or what is or isn't real
This foolish world
Will hold you down
Screw your feet into the ground
But they can't take away the stars
Where in the world is your inspiration
To say the things you're aching to say
Wherever that turns out to be
Go there this day |
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11-04-2008
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#7 (permalink)
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the hospital where he was born was not in the canal zone but if your father is an admiral things get done.
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11-04-2008
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#8 (permalink)
| | Univision/Reuters/Zogby Poll Of Likely Hispanic Voters: 78% support Obama, 13% favor McCain, 8% Undecided | | |
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11-04-2008
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#9 (permalink)
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Originally Posted by TinyPrincess Well, perhaps 40 years from now we will see a president born in occupied Iraq. | How about in 8 years, when Obie has finished his two terms, we get a man who was born in a not-so occupied Iraq  . Who wants to be my campaign manager?
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11-04-2008
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#10 (permalink)
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I'm ready, Northland - just say when...
| Princess by birth, size queen by experience |
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11-04-2008
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#11 (permalink)
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Originally Posted by TinyPrincess I'm ready, Northland - just say when... | I figure we should get this thing started as soon as the 2012 election is over, this should give us sufficient time to overcome any obstacles we might encounter.
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11-04-2008
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#12 (permalink)
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LOL
Just make me a fund raiser and I will make you a bundle ;-)
| Princess by birth, size queen by experience |
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11-04-2008
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#13 (permalink)
| | Quote:
Originally Posted by TinyPrincess LOL
Just make me a fund raiser and I will make you a bundle ;-) | It's a deal!
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11-04-2008
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#14 (permalink)
| | I was born in the USA! | Hey! I know what to do with a drunken sailor! NZ All Blacks rule! Vancouver Canucks rule! クジラを救いなさい -- 日本人を銛を打ち込みなさい 解放西藏 ! |
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11-04-2008
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#15 (permalink)
| | Quote:
Originally Posted by Biggin' McCain has faced questions about this issue before. He was born August 29, 1936 in the Panama Canal Zone, to two U.S. citizens. It's a common misunderstanding that the zone was a U.S. territory - in fact, the U.S. had lease rights, but not territorial rights. And according to some lawyers who work in this field, past citizens in the Canal Zone - again, born to U.S. citizens - have not been considered "natural born."
Yet according to the Naturalization Law of 1790 that sought to define the term: "And 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." | Interesting story, though you omit one tiny little fact, namely that the Naturalization Act of 1790 was expressly repealed by the US Naturalization Act of 1795. The present legal code does not define what a natural-born citizen is or provide an answer to the question whether John McCain is one. ( Source, source.)
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