dept of state: McCain not eligible to be president?

[Phantom]

dept of state: McCain not eligible to be president?

 

[TruthisTreason]

If only Washington D.C. followed the rules...>!

 

[Redcard]

The Panama Canal Zone was a US Territory via the Hay-Bunau Varilla Treaty which was signed in 1903 and ratified in Congress shortly after.

 

[slamhead]

Stop spreading this false information. The fact that he was born to an American citizen it does not matter where you are born. You could be born on the moon to American citizens and you are still an American citizen.

 

[noztnac]

Don't believe everything you read on the internet. Dependents of military personnel are automatically US citizens regardless of where they are born.

 

[Phantom]

Ok, thanks.

 

[Phantom]

Maybe someone here can explain to me what this means?

ACQUISITION AND RETENTION OF U.S. CITIZENSHIP AND NATIONALITY

7 FAM 1111.2 Citizenship

Taken from this state.gov PDF page.

(2) Jus sanguinis (the law of the bloodline ), a concept of Roman or civil law under which a person’s citizenship is determined by the citizenship of one or both parents. This rule, frequently called “citizenship by descent” or “derivative citizenship”, is not embodied in the U.S. Constitution, but such citizenship is granted through statute. As laws have changed, the requirements for conferring and retaining derivative citizenship have also changed.

Taken from The Constitution of the United States, Article II Section 1

4. 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; neither shall any person be eligible to that office who shall not have attained to the age of thirty-five years, and been fourteen years a resident within the United States.

 

[Redcard]

It means nothing.

John McCain was born in the US Territory of the Panama Canal Zone.

He was born on US Soil.

 

[MrCobaltBlue]

Wait we follow the Constitution now?

 

[KevinR]

He'll give himself amnesty, so its all good

 

[paulgeek]

Maybe someone here can explain to me what this means?

ACQUISITION AND RETENTION OF U.S. CITIZENSHIP AND NATIONALITY

7 FAM 1111.2 Citizenship

Taken from this state.gov PDF page.

(2) Jus sanguinis (the law of the bloodline ), a concept of Roman or civil law under which a person’s citizenship is determined by the citizenship of one or both parents. This rule, frequently called “citizenship by descent” or “derivative citizenship”, is not embodied in the U.S. Constitution, but such citizenship is granted through statute. As laws have changed, the requirements for conferring and retaining derivative citizenship have also changed.

Taken from The Constitution of the United States, Article II Section 1

4. 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; neither shall any person be eligible to that office who shall not have attained to the age of thirty-five years, and been fourteen years a resident within the United States.

You missed the part that says "...such citizenship is granted through statute." The 14th amendment states that all who are born in the United States or her jurisdiction are granted citizenship which cannot be affected by statute. Anything outside the jurisdiction of the U.S. is determined by statute. In fact, before the 14th amendment, citizenship was determined solely by statute and the courts. Now we have a constitutional amendment, statutes, and case law that determines all citizenship questions, including natural born citizenship questions. McCain is a natural born citizen either through the constitution or by statutes that allow a child born to two American citizens outside the U.S. to be a citizen. This isn't an issue at all.

 

[Phantom]

Thanks for clearing that up for me paulgeek.

 

[JordanQ72]

Maybe someone here can explain to me what this means?

ACQUISITION AND RETENTION OF U.S. CITIZENSHIP AND NATIONALITY

7 FAM 1111.2 Citizenship

Taken from this state.gov PDF page.

(2) Jus sanguinis (the law of the bloodline ), a concept of Roman or civil law under which a person’s citizenship is determined by the citizenship of one or both parents. This rule, frequently called “citizenship by descent” or “derivative citizenship”, is not embodied in the U.S. Constitution

Is the State Department retarded? Wait, don't answer that...

There have been numerous Supreme Court cases that have ruled citizenship by blood to be valid constitutionally.

 

[jglapski]

Stop spreading this false information. The fact that he was born to an American citizen it does not matter where you are born. You could be born on the moon to American citizens and you are still an American citizen.

Yes, you would be an American citizen, but you wouldn't be a NATURAL BORN CITIZEN. The Founders didn't throw in NATURAL BORN for the hell of it.

Your citizenship would be derivative from your parents' citizenship.

 

[jglapski]

Is the State Department retarded? Wait, don't answer that...

There have been numerous Supreme Court cases that have ruled citizenship by blood to be valid constitutionally.

But where are the rulings on natural born citizenship? There haven't been any, as far as I know.

 

[NinjaPirate]

dept of state: McCain not eligible to be president?

Well, sh!t, according to that I'm technically not a citizen either!!

 

[jglapski]

You missed the part that says "...such citizenship is granted through statute." The 14th amendment states that all who are born in the United States or her jurisdiction are granted citizenship which cannot be affected by statute. Anything outside the jurisdiction of the U.S. is determined by statute. In fact, before the 14th amendment, citizenship was determined solely by statute and the courts. Now we have a constitutional amendment, statutes, and case law that determines all citizenship questions, including natural born citizenship questions. McCain is a natural born citizen either through the constitution or by statutes that allow a child born to two American citizens outside the U.S. to be a citizen. This isn't an issue at all.

You're missing the part that this has nothing to do with natural born citizenship. The only part of natural born citizenship that can be altered by statute is whether some land is considered part of the US.

What you quoted has everything to do with citizenship, and it is called DERIVATIVE citizenship, not NATURAL BORN citizenship.

 

[Redcard]

And you're all missing the fact that the PANAMA CANAL ZONE was a US Territory.

 

[Bubba]

Wait we follow the Constitution now?

He'll give himself amnesty, so its all good

FUNNY stuff LOL!

sad, but true

well, it WAS funny at first. now, not so much. sigh

 

[wecandoit]

I've read all the angles concerning this, and IMO there does seem to be a legitimate difference between "citizen" and "natural born citizen" with being born in a US terrirtory being different from being born in a US state.

This question was even raised about Goldwater back in the day, because he was born in Arizona in 1909, before it was a state. Back then it was assumed by most he'd been ok had he won in 1964.

But the bottom line is a court has never ruled on it one way or another, we are just hearing people's opinons.

If there is any possible way this could eliminate McCain and help Paul, it would have to come in the form of a court ruling.

So the question should be, is it possible to get a court ruling on this before the covention, and how would that be done?

Obviously, we'd need a strict constitutionalist, conservative judge who doesn't think conservative values are being represented by anyone any more