McCain may not be Constitutionally qualified to be President

This is a really “legal” argument, but the Constitution is a legal document, after all. . . and the argument appears sound to me.  The problem with the argument, of course, is that with a couple exceptions, politicians don’t care or pay attention to what the constitution says anymore. 

From here: and here:

John McCain was born on August 29, 1936 at the Coco Solo Air Base in the Panama Canal Zone.  The Panama Canal Zone was not even a territory of the United States but was leased property.

Here again is the citation at issue from the Naturalization Act of 1790: “… And the children of citizens of the United States, that may be born beyond sea, or out of the limits of the United States, shall be considered as natural born citizens:”  Here is the portion of the Naturalization Act of 1795 that repealed the Naturalization Act of 1790:  … and the children of citizens of the United States born out of the limits and jurisdiction of the United States, shall be considered as citizens of the United States. 

The State of California is no different than any other state in the republic. Its requirements for a valid candidate for the Democratic Party are the same as the Republican Party.   

Information Sheet of Qualifications and Requirements

The candidate must:
A. Be a natural-born citizen of the
United States
B. Be at least 35 years of age, and
C. Be a resident of the
United States at least 14 years.

US Constitution, Article II, Section 1Clause (5)

John Jay in a letter to George Washington on July 25, 1787 wrote the following concerning natural-born citizenship being a requirement for the office of the President and Commander in Chief. “Permit me to hint, whether it would be wise and seasonable to provide a strong check to the admission of Foreigners into the administration of our national Government; and to declare expressly that the Commander in Chief of the American army shall not be given to nor devolve on, any but a natural born Citizen.” There was no debate, and this qualification for the office of the Presidency was introduced by the drafting Committee of Eleven, and then adopted without discussion by the Constitutional Convention. 

Being born to US parents in Puerto Rico or Guam or in any foreign US military base (locations that are not within the fifty states) establishes automatic naturalized citizenship but not natural-born citizenship. Wake Island is not Alabama or Texas.  

The root of the natural birth requirement was that the States formed the federal government and they required that a person must be physically born in one of the states. (Note: See the 10th Amendment, for example).  Simply being born on US territory or commonwealth property overseas does not qualify you as being natural born. This is also a related source/reason for the Electoral College. The States elect the executive and not the people because we do not have a democracy but a republic. The two are not the same but are antithetical.

My ex-wife was born overseas to an Air force officer and his wife, both citizens. She was taught as was everyone else and they knew/know that if you are born overseas and not physically within a state, then the only limitation to your citizenship (it is automatically naturalized) is that you cannot be president. You can run for Senate or the House or be a judge but not President.

Unless and until the Constitution is changed with an Article V process that is still the law.

If action is not taken now before McCain’s coronation by the GOP, then consider this Doomsday Scenario. It is October of 2008 and Hillary (with all her scandals having been dredged up) or Obama (with his Marxist policies having been fully explained) are clearly trailing McCain in the polls. The Democrat Party, desperate for the White House and still smarting from being hosed in Florida in 2000 and Ohio in 2004, loads up all its attorney bigwigs and files federal lawsuits claiming that John McCain is disqualified on constitutional grounds. Accelerated consideration takes it straight to the Supreme Court. The Democrats win the lawsuit because natural-born means having been physically born in one of the states. Hillary or Obama win the November 2008 Presidential election by default. 


Published in: on February 22, 2008 at 3:22 pm  Leave a Comment  

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