Born in the USA? Oops....

John McCain is as American as apple pie. Or as a decorated war hero who likes nothing better than kicking back with a drink and watching the football.

But there's one small technical hitch he still has to face. American he might be. But he was born on the Panama Canal. Might this bar him from becoming President?

Article II of the Constitution reads as follow:

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.

McCain, at 71, more than fulfils the age requirement. But is he a 'natural born citizen'? His campaign team are convinced but some still quibble. And the Senate is getting in on the act:

After suggestions earlier this year that the issue of the presidential eligibility of Americans born abroad had never been settled, Senator Claire McCaskill, Democrat of Missouri, introduced legislation that would have declared the offspring of military personnel stationed overseas are qualified to be president. (Mr. McCain and several legal scholars believe the matter has already been settled.)

The Senate will decide on a resolution this week. And two lawsuits challenging McCain are already in the works. No-one's taking it seriously right now but McCain must be wistfully humming 'Born in the USA' as he prepares his arguments.

Alice Fishburn

Comments

[JOHN CHUCKMAN, TORONTO]

This is an entertaining sidelight to the 2008 election.

It also points out some of the many arcane, 18th century measures of the American Constitution.

Of course, the Electoral College, which may again play a destructive role in election, as it has many times including in 2000, may also feature.

Apparently, more is involved than just the clause in the Constitution. With the US having become a world empire, there are all kinds of elaborate laws covering what is and is not a birth in the US.

And McCain seems not to qualify.

[Chris]

He wasn't born abroad, the Panama Canal Zone was American territory in 1936 (though it isn't now), just as Guam or Puerto Rico are American possessions today.

[Tim Worstall]

Under US law, the child of American parentage is a natural born citizen, wherever they are born. It's an non-issue.

[brendan]

It is well established that those born to American parents on American military bases or foreign embassies fully satisfy the requirements of Constitutional eligibility for President. The argument is a red herring from McCain detractors.

[Nick]

It may be a non-issue for McCain, but are the Republicans thinking ahead to a run for the Presidency by the Governor of California in four years' time?

[L Watson]

The Constitution does not say that a person must be born within the confines of the United States - it says, as quoted above, that the person must be a natural born citizen of the United States - which McCain is - the other type of citizen being a naturalized citizen. Much ado about nothing - and with regard to the comment about the "destructive role" of the Electoral College, the purpose of the Electoral College is clear and proper - it insures that candidates for the President must pay attention to all states, as even the smallest of states get at least 3 votes. The election of the President is not a pure popularity contest, it never was and never will be (thankfully).

[LoriNC]

I am FAR from a McCain supporter, but truly agree that this is pure silliness! All of the pettiness and non-issues being raised by all sides is disheartening. Let's get to the real issues affecting Americans: the economy, the war, gas prices, global warming! Just to name a few!

[Kane]

I've no doubt McCain is entitled to run but, as a lawyer, I am always interested in the massive problems inherent in trying to force modern society to live by a 240 yr old document or twisting that document to modern standards while pretending you're doing anything but.

In this case 'natural born citizen' - would a person delivered by cesarian be considered 'natural born'? Shakespeare would say not 'For none of woman born shall harm Macbeth...'.

Law is a bit like religion - the actual words are far, far less important than the message and the intent.

[Andy]

These laws are in place for a reason, so the likes of 'Arnold Schwarzenegger' can never become president! Thanks God!

American's are probs stupid enough to vote a body builder/actor into the most powerful job in the world.

People are in the process of trying to bring out amendments so that he can run in the next election.

[Emily]

In response to Lorinc: Speaking of cesarian-born as natural citizens, how about "test tube" babies. Are they considered natural born?
Curiouser and couriouser...

[BRIAN FOWLER]

FUNNY!! The same GOP posters here are quick to scream louldy about "original intent" when there's a liberal constitutional issue up for debate. The US is the 50 states. That's it. Panama is not, and never was part of the USA. Someone born in the Iraqi Green Zone, a USA occupied "territory" would also qualify as would someone born in Guantanimo Bay concentration camp I suppose.

[Percy C. Keith]

Senator McCain was born on Coco Solo NAS in the "Canal Zone" which has been a U.S. Territorial Possesion since the French abandonded it in failure and until that idiot Jimmy Carter gave it away, ( and is now essentially under Chi-com control ).

Any U.S. Government installation, reservation, whether an embassy or a military base, is considered to be U.S. Territory whether recognized as such by the host country or not.

Children born to American parents on military reservations are considered to be Natural Born under Constitutional law.

Arnold is not.

Protectorate's are a somewhat more complex issue. For instance, if McCain were born in the U.S. North American Protectorate, the issue of "natural born" would be murkier, at best. Though the U.S.N.A.P, a.k.a Canada, is essentially a part of the U.S. Empire, it is technically not yet a territorial possesion.

[kenneth craig]

My daughter was born in a foreign country and I was not in the military or government service. She was issued a "Certificate of Birth Abroad of an American Citizen" as her American birth certificate, so she is a natural born citizen.