John McCain's Panama problem

[lasenorita]

Just wanted to say:

Thank you, angelatc. Your comments on this topic were really educational, and has helped me better understand Ron Paul's stance on birthright citizenship.

 

[Bradley in DC]

http://www.ronpaulforums.com/showpost.php?p=1221551&postcount=5

Because McCain's parents were citizens when he was born, McCain IS a natural born citizen (no matter where he was born). This is the law: 8 U.S.C. Sec. 1401.

Significantly, however, Congress, in which a number of Framers sat, provided in the Naturalization act of 1790 that ''the children of citizens of the United States, that may be born beyond the sea, . . . shall be considered as natural born citizens. . . .'' [Act of March 26, 1790, 1 Stat. 103, 104. See Weedin v. Chin Bow, 274 U.S. 657, 661 -666 (1927); United States v. Wong Kim Ark, 169 U.S. 649, 672 -675 (1898). With minor variations, this language remained law in subsequent reenactments until an 1802 Act, which omitted the italicized words for reasons not discernable. See Act of Feb. 10, 1855, 10 Stat. 604 (enacting same provision, for offspring of American-citizen fathers, but omitting the italicized phrase).]

McCain is either a "natural born citizen" [hint: he is] or a "naturalized" citizen [hint: he's not]--or do you contest his citizenship entirely?

Weedin v. Chin Bow (1927) holds that "at common law the children of our citizen born abroad were always natural born citizen from the standpoint of this government."
It is the consensus of scholars that foreign born children of Americans are natural born citizens. And that would mean that McCain would certainly qualify.

 

[angelatc]

No one is calling any U.S. citizen a foreigner.

But the place of birth requirement of the executive is a distinct and additional
requirement for the Office of U.S. President which was explicitly and succinctly stated in an opinion during Earl Warren's term as Chief Justice of the Supreme Court, for one.

We'll just have to see what happens here - but it does NOT look very good for McCain's Double Talk Express.

I would really like to see the cite. If you have a second, could you please post it? Was it a majority opinion?

 

[malibuu]

Because McCain's parents were citizens when he was born, McCain IS a natural born citizen (no matter where he was born). This is the law: 8 U.S.C. Sec. 1401.

Significantly, however, Congress, in which a number of Framers sat, provided in the Naturalization act of 1790 that ''the children of citizens of the United States, that may be born beyond the sea, . . . shall be considered as natural born citizens. . . .'' [Act of March 26, 1790, 1 Stat. 103, 104. See Weedin v. Chin Bow, 274 U.S. 657, 661 -666 (1927); United States v. Wong Kim Ark, 169 U.S. 649, 672 -675 (1898). With minor variations, this language remained law in subsequent reenactments until an 1802 Act, which omitted the italicized words for reasons not discernable. See Act of Feb. 10, 1855, 10 Stat. 604 (enacting same provision, for offspring of American-citizen fathers, but omitting the italicized phrase).]

McCain is either a "natural born citizen" [hint: he is] or a "naturalized" citizen [hint: he's not]--or do you contest his citizenship entirely?

Weedin v. Chin Bow (1927) holds that "at common law the children of our citizen born abroad were always natural born citizen from the standpoint of this government."
It is the consensus of scholars that foreign born children of Americans are natural born citizens. And that would mean that McCain would certainly qualify.

John McCain is definitely a statutory citizen - but his being born overseas to U.S. citizens makes him just that. That is certainly the law.

And the citizenship rights of the native born and the naturalized person are entirely the same
except for the distinction expressed in the Supreme Court that only the former is eligible to be president.

The only act of Congress that could make McCain eligible as POTUS would be an amendment to the United States Constitution.

 

[brooklyn]

The Naturalization act of 1790 was repealed I believe in 1793.

 

[lynnf]

the long and winding road of legislation....

The Naturalization act of 1790 was repealed I believe in 1793.

actually, according to wikipedia, not until the Naturalization Act of 1795 superceded the act of 1790. you have to watch all of the different changes all the way through the years. many people just assume it was defined by the Constitution and that's it.


lynn

 

[malibuu]

Also, here's an internet link to the John Sidney McCain III birth certificate from the Colon Hospital -
born at 6:25 pm on August 29,1936 -
along with some recent affidavits . . .

http://moritzlaw.osu.edu/electionlaw/litigation/documents/McCain-SurreplyEx-7-21-08.pdf

In 1936 the Colon Hospital was located in the Colon Beach area before it later moved in 1957.

 

[malibuu]

Is McCain quitting now - awe, we have such a great lawsuit against him.

 

[lynnf]

what does foreign birth matter?

Is McCain quitting now - awe, we have such a great lawsuit against him.

not as good as the lawsuit against Obama

http://www.obamacrimes.com/index.php/component/content/article/1-main/22-obama-a-dnc-hide-behind-legal-issues-country-headed-to-a-constitutional-crisis


it's so interesting that both candidates have birthplace issues this time!

lynn