Thursday, June 12, 2008

McCain Not Natural Born Citizen?

Several months ago, when Huckabee was still running, someone pointed out to me that McCain is not elligible to be President because he was born in the Panama Canal Zone. At the time, I let it pass so as not to look like a rabid Huckabee supporter. But today I stumbled upon a blog that laid all of the information out in a way that didn't seem rabid at all. The blog is Muddy Thoughts. The entire post seems well researched and logical to me. Here is the conclusion.

All of that leads back to the Constitutional requirements. The citizenship definitions of both Article II and Amendment 14 apply in terms of McCain running for President.

So, to tie it all together:

1. The 14th Amendment and matching policy limit citizenship to either natural born or naturalized, but not both.

2. John McCain was born in 1936 in the Canal Zone to citizen parents.

3. 8 USC 1403(a) declares naturalized citizenship in 1952 on persons born in the Canal Zone to citizen parents.

4. Therefore, 8 USC 1403(a) applies to John McCain at age 16.

5. Therefore, John McCain is a naturalized citizen.

6. By treaty, the Canal Zone was not part of the United States.

7. Therefore, John McCain was not born in the United States.

8. Therefore, John McCain is a citizen not born in the United States.

9. Therefore, John McCain is not a natural born citizen.

10. Article II of the Constitution states to be President a person must be a natural born citizen.

11. THEREFORE, John McCain is not eligible to be President of the United States under Article II of the Constitution; he should be decertified and removed from all present and future Presidential ballots; and his past results should be disallowed, including unbinding all of his committed delegates.

3 comments:

Anonymous said...

If the party wants to back out with McCain, that's their reason... though because he was born to citizen parents, and children of citizens are born citizens, he legally is a natural born citizen... I think the language of the law is being taken out of context for the argument...

But hell, I hate McCain, if people want to stop him, PLEASE DO!

Frances Clements said...

Kevin,
It is an honor to have you visit my blog.

I wouldn't mind seeing McCain thrown out myself if this is true.

Matt said...

Blah. If McCain was ever thrown out, it wouldn't really matter because we would still lose thanks to the confusion generated by finding a new nominee.

The only thing good that might come out of this is the chance that some conservative principles might regain their credibility in this election cycle.

But, I wouldn't give much thought to this anyway.