"Although I am continuing to research the matter, there is little doubt in my mind that Senator McCain fully meets the Constitution's qualifications to be President of the United States."

Wow. A GOP lawyer and former BushCo co-conspirator found a use for the Constitution (other than as a lobster bib).


"I am confident that the United States Supreme Court, should it ever address the issue, would agree."


Me too. Ever since they became subservient to the WH you can pretty much count on them.

I'm an Obama supporter through and through, and even I see this as a non-issue and certainly hope that Obama supporters don't get hung up pursuing this.

Wasn't Obama born in Africa?

He was born in a canal and wants to keep us mired in Iraq.

If the US Sup Ct did its job, and strictly construed the literally meaning of the words in the constitution, as righ wingers Scalia, Thompson, Alito and Roberts claim it should, then it would rule that McCain is not a natural born citizen...taken literally, that phrase means naturally born within the borders of the US...not Panama, or the Panama Canal Zone, etc.  While there is no doubt he's a naturalized citizen, even naturalized citizens are not eligible to be president.  The Dems must look into this!

Although I am an Obama supporter, I would love to read/hear any legal argument contrary to what Mr. Olson wrote above.  I think anybody who sees differently had better be REALLY convincing.

It was, however, and interesting possible dilemna.  End of story.

Just when you thought this political season couldn't get any more insane........

Strict Contructionist Judges would not interpret the constitution that way and they are just supposed to take the words on its face value.  Otherwise they will be legislating from the bench! .... I wonder what the constructionist judges that Bush appointed have to say about this!  Will they change their stripes and start interpreting the words to just let McCain in?

WOW.............  This is huge! The question you have to ask... is that if we are O.K. to allow McCain... where do you draw the line. It will become more and more grey!

It doesn't matter anyway... we need to put the women and children to bed (Hillary) and let the men have a good old fashioned brawl! I have 5 bucks on Barack!

Barack 08'

I could be wrong but Natural Born has to do with being born in the US. exsample, people in PR are not citizens even if they are born to service men.

People born in German to service man at a German hospital are German's not US citizens.

Lets say that his mother was at sea and she deliverd him in the middle of the a trip to Greece then he would be a citizen of what ever country line they crossed when he came out or which ever port they stoped at to take care of her. He would not be deemed a US citizen.

With all that, He is Panamaninan not American.

Please if Obama was born in Africa don't you think that would have been released as an attack already???

And here I thought McCain was conjured up by some witches brew.  It never occured to me that he was actually born.

Wasn't Obama born in a manger in Bethlehem?

He is a NATURAL BORN LEADER thats all  I know ,read about what the other men in the prisoner of war casmp said about him and his courage.HOPE I SPELLED EVERYTHING RIGHT obammawannabes are such sticklers for grammer and spelling.

Jergen Baraghe, Netherlands:

You are an idiot, and obviously a spammer (either Clinton supporter or GOP). I'm surprised you didn't say "wasn't Obama born in a Madrassa?"

As an Obama supporter, this McCain/Panama Canal issue is a non-issue. Of course a child of American parents born on an American army base is qualified to be President.

My understanding is that Obama was born in Hawaii BEFORE it was a state. Be careful what you wish for.

Wasn't Obama born in Africa?
Jergen Baraghe, Netherlands
No in Hawaii, I beleive!!! His dad was born in Africa

No, Jergen, Obama was not born in Africa.  He was born in Hawaii and raised in Illinois.  Your inane question smacks of racism.

Note To Jergen in the Netherlands: Obama was born in Hawaii....a scant 12,000 miles from Africa and part of the U.S. since we stole it from Queen Liliokalani in 1893.

The way I see this, is once it is allowed if this is in fact true.  It will then become past practice and everyone in the US can run for President of the US, such as Arnold S.

Jergen, you need to get a copy of THE BOOK!  No, Barack Obama wasn't "born in Africa"!

Obama '08!

As an Obama supporter, I stand for this being a non-issue. Just as I am against attacks on Sen. Obama's patriotism, I am also against any attacks like this on McCain. For all his negatives, Sen. McCain has served this country well, and his heart has always been in the right place, if not always his specific actions. This type of garbage must stop. It does nothing to help this country whatsoever.

You Obama supporters are the nastiest of bunch I have ever seen. Know one is suppose to say HUSSEIN but it is ok to try this on someone who fought for his Country and was a war hero. You all have been drinking to much Kool-aid. I am for Hillary but if that GETTO SCUM is the nominee he will not get my vote. I will vote for the WAR HERO JOHN McCAIN

It the context of the times and the thoughts that prevailed when the constitution was written, the term natural born citizen implied that the person was born inside the boundaries of the United States. The intent was to deny a foreign born person, especially a person of nobility or allegiance to a foreign government to become president.  In modern times that kind of person has been called a Manchurian candidate. It was not unconceivable, that loyalist to the crown could petition King George to support or fund a non-American to become president. The founding fathers feared another King in any form and spent much energy designing a system that would prevent any one man becoming as powerful as a King or as King George had been.  As foresighted as the founding fathers were, I do not think that they could have foresaw the situation that exist today with American having so many of its citizens working and living abroad.

Naturally the Supreme Court would rule that way.  Just the way they did in 2000 when they stole the election for George Bush.  It was a coup sanctioned by the Court, and everyone knows it.  Even Sandra Day O'Connor has basically admitted that it was a political decision to make Bush the President, and she regrets voting for it.  Too late, Sandra.

Seems like a no-brainer to me...

Common sense dictates that a child born to US citizens on a base in another country should be considered "natural-born" citizens.


PS - To Jergen in the Netherlands...Obama was born in Hawaii.

Jergen Baraghe, Netherlands
Obama was born in Hawaii............

Clearly the plain words "natural born" mean that no ceasarian births can become president. The spawn of Satan need not apply either. The Supreme Court would have to rule on whether in-vitro or stem-cell cloned citizens could run.  I have no doubt that the Alito-Scalia-Roberts-Thomas court would rule against such un-natural births.

Pat Huntinton NY: If the US Sup Ct did its job, and strictly construed the literally meaning of the words in the constitution, as righ wingers Scalia, Thompson, Alito and Roberts claim it should, then it would rule

------

That abortion is not legal. McCain for abortion. Sounds like a fair trade to me.

Pat Huntinton NY: The Dems must look into this!

Yes, please do. While they are doing that, the Republicans will keep the country safe, solve the problems of the economy, and rebuild the infrastructure of the country.

What a stupid issue.

Of course McCain is qualified.

The question is judgment.

Obama was born in Hawaii.  I was born on a US army base in France to US citizens and have long been interested in this issue.  My understanding is that John McCain is qualified as a natural born US citizen.  

Ted Olson also thinks waterboarding is not torture and if it is we should still do it because the bush adminsitration said so...this guy has zilch constitutional credibility

Jergen - Obama was born in the state of Hawaii, not in Africa.

Those who contend that Senator McCain was "naturalized" don't understand the meaning of that word.  It means to go through a ceremony to obtain citizenship, conducted by the United States Courts.  Senator McCain is a citizen by virtue of the "jus sanguinis" and well as the "jus solis" and thus is a "natural born" citizen, without cavil.

Call me,''not''.You forget that the USSC has consistantly ruled against the WH in HAMDAN,EL PASO,HAMDI,EPA,and MICHIGAN that did not support the position of the executive branch. Of course,the Document,does not in any place offer a definition of ''natural born''. Thus there are no ''words''in the Constitution,to ''interpret''.

"First Congress, containing many Members who were the actual Framers of the Constitution, explicitly declared that children of United States citizens, born outside the limits of the United States, were 'natural born' citizens."
--I said this, and I never was a Constitutional law professor!  Maybe the government should merely defer all important decisions to me.  I would love that, you would love that.  End of debate, can we go back to senselessly raping Obama over his foreign policy now?


and now for a tagline ...
"May Allah's curse be on all of them."

This is a non issue. I support Hillary, but there are extremes here that are beginning to alienate half of the American electorate. The number of people turned off by this BS is astronomical. These people will sit out the election or vote for Nader before they will vote for either of the other candidates just because they are sick of this extremism.  McCain is a US citizen, born on one of our MILITARY bases to American parents and that is the end of it. Are you going to seriously suggest that a child of American parents in the military are not citizens of this country because their parents were serving this country at the time?

Rick in NC,

He has zero constitutional credibility WITH YOU. There are those who would agree with him on his positions. You must be supporting Clinton with win at all costs mentality you clearly have.

Sure, let's find a way to disqualify John McCain so it will be way easier for a Dem to get in office. Sure let's use every dirty trick in the book in order to beat Obama, even if it means undermining the democratic process and stripping the public of their say in the process.

You and Hillary deserve each other.

One wonders why this issue has not been addressed previously since Weicker, Goldwater and Romney would have been affected if their campaigns has been effective.

Obama was born in Hawaii 2 years after it was granted statehood.

Walt, Obama was born in Hawaii in 1961, two years after it became a state.

Wasn't Obama born in Africa?
Jergen Baraghe, Netherlands
-----------------------------------------------------
Jergen, this may come as a surprise to you but not every 'black' human being is born in Africa. I see that the term 'African-American' may be misleading you. Almost everybody who is born in the United States -independent of race - is an (US) AMERICAN (with the exception of children of foreign Diplomats).

Now, risking to throw you totally off: Did you realize that also WHITE human beings are born in AFRICA.

It doesn't hurt by the way to read a book once in a while.

McCain is able to be president, but he sure shouldn't be. He is a flip-flopping senile old gasbag. I am sick of hearing him called a war hero. HA, what a joke. Big deal he was a p.o.w, get over it. He was a Navy pilot, while the real heros were slogging through the jungle. If it wasn't for his daddy, THE ADMIRAL, he would have washed out of the academy, that is if he would have been able to get in in the first place. McCain is a joke. He's a lying old fool who should do the country a big favor and drop dead.

If Senator McCain was born in either a military base medical facility or a hospital in the Canal Zone, he is considered a natural born citizen.  My older brother and I were born in the Republic of Panama, and, according to the U.S. law at that time, had to complete a residency requirement and live in the U.S. five years between our 13th and 21st birthday in order to receive a Certificate of Citizenship dated from birth.  The law changed before my sister was born, and she had to become a naturalized citizen.  As a result of the change in the law, my parents went to a great deal of trouble to have my younger brother born in Gorgas Hospital which was located in the Canal Zone, and thereby ensured that my younger brother would be a natural born citizen of the U.S.

JUST THE FACTS:

7 FAM 1116.1-4 Not Included in the Meaning of "In the United States"
....
c. Despite widespread popular belief, U.S. military installations abroad and U.S. diplomatic or consular facilities are not part of the United States within the meaning of the 14th Amendment. A child born on the premises of such a facility is not subject to the jurisdiction of the United States and does not acquire U.S. citizenship by reason of birth.
http://www.state.gov/documents/organization/86755.pdf



7 FAM 1131.6-2 Eligibility for Presidency
a. It has never been determined definitively by a court whether a person who acquired U.S. citizenship by birth abroad to U.S. citizens is a naturalborn citizen within the meaning of Article II of the Constitution and, therefore, eligible for the Presidency.
b. Section 1, Article II, of the Constitution states, in relevant part that “No Person except a natural born Citizen...shall be eligible for the Office of President;”
c. The Constitution does not define "natural born". The “Act to establish an Uniform Rule of Naturalization”, enacted March 26, 1790, (1 Stat. 103,104) provided that, “...the children of citizens of the United States, that may be born ... out of the limits of the United States, shall be considered as natural born citizens: Provided that the right of citizenship shall not descend to persons whose fathers have never been resident in the United States.” U.S. Department of State Foreign Affairs Manual Volume 7 - Consular Affairs 7 FAM 1130 Page 9 of 103
d. This statute is no longer operative, however, and its formula is not included in modern nationality statutes. In any event, the fact that someone is a natural born citizen pursuant to a statute does not necessarily imply that he or she is such a citizen for Constitutional purposes.
http://www.state.gov/documents/organization/86757.pdf


7 FAM 1131.9 Birth in Panama; Special Provisions
a. Congress has enacted special legislation governing the conditions under which U.S. citizenship may be acquired by birth in Panama (see also 7 FAM 1120 for legislation relating to the Canal Zone). This legislation does not apply to all children born in Panama, but only to those born to U.S. citizens employed by the U.S. Government or the Panama Railroad Company. Section 303(b) INA (8 U.S.C. 1403(b)) states that: Any person born in the Republic of Panama on or after February 26, 1904, and whether before or after the effective date of this Act, whose father or mother or both at the time of birth of such person was or is a citizen of the United States employed by the Government of the United States or by the Panama Railroad Company, or its successor in title, is declared to be a citizen of the United States.

This is very funny indeed!  This is a non-issue.  What I do wonder though is the level of vitriol that would be spouted from the likes of Rush, Hanutty, etc. if Obama was born on a foreign military base?  McCain's going to lose anyways but I am interested in seeing these so-called strict constructionists in the Supreme Court avoid having aneurysms over future cases like this.  Could they possibly be paving the way for the Terminator?

This opens any nunerous of (stupid) questions.

1) Are you a natural born citizen if your birth occurs in flight and at what altitude?

2) When aren't you born in your "natural" clothing?

3) Weren't Roberts, Thomas, Scalia, and Alito all unnatural births? They certainly write unnatural, convoluted opinions.

4) God only knows how Barbara and George, Sr. created Dubya, and then there's Cheney . . .

5) Why is Ted Olson spending time on this question?

Someone call Al Gore!

I think I'm done now.
 

Re Posts by Joyce and Thursday

Logically speaking, McCain might be qualified to be the president. That is how a democraticlly appointed judge would rule.   But Bush and his cronies want a strict adherence to the words of the constitution and they don't want judges to interpret.  By those standards, there is no exception for children born of US citizens outside the US borders.  It is the republicans who made up the rules of the game and they have to live by it.  They cannot change the rules they set up when it is convenient for them!

BTW Obama was born in Hawaii after it became a state.  Look at Obama's DOB and the year Hawaii became a state!

Walt, Myrtle Beach

Obama was born in Hawaii after it became the 50th state.  Hawaii gained statehood in 1959, Obama was born in 1961.  By the way this is a non isuue as any child born to U.S. citizens outside of the U.S. however on U.S. soil ie. Military Bases, embasies, etc. is a natural born citizen.

Did you know that foreign children that are adopted by US citizens become citizens the second they touch US soil? Another issue for the future. Before running with this issue though, please read and know what you're writing about it. Just because somebody on this blog wants to BELIEVE (that hope inspiration really works doesn't it) McCain isn't a citizen doesn't mean it's so. He is a citizen. Just from a practical standpoint, think of the things he couldn't have done had he not been a citizen...ah, like vote! But overzealous Obamaniacs can't be reasoned with.

Message (please, no HTML tags. Web addresses will be hyperlinked):