Despite Being Born in Panama, is John McCain Eligible to Be President?

Born in Panama, is McCain Constitutionally Eligible for the Presidency?

By Melinda McAlindon, published Feb 04, 2008
Published Content: 10  Total Views: 3,221  Favorited By: 2 CPs
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There has been some discussion about John McCain's eligibility to be president. As we all know, a president of the United States MUST be a natural born citizen. John McCain, however, was born August 29, 1936 to two U.S. citizens in the Panama Canal Zone

The US Constitution states, "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." On http://www.dailypaul.com/node/31019 Ron Paul, a strict constitionalist, states, "It is generally agreed that a natural born citizen of the United States is any person born in one of the 50 states or the District of Columbia."

This brings up and interesting point. Is John McCain ineligible? Based on the criteria mentioned above, it would seem the answer is yes. But let's examine further.

First, it can be argued that the Panama Canal Zone was controlled by the U.S. at the time of McCain's birth and therefore he was U.S. citizen. The canal was birthed out of a desire for the U.S. to have better naval access both the Atlantic and Pacific oceans. In a treaty negotiated with Britain, it was agreed that the U.S., alone, would build and regulate the canal. The canal was opened in 1920 and, according to http://www.panamacanal-cruises.com/panama-canal-history/beginnings.html, "for much of its history, the canal and the surrounding Panama Canal Zone were run as a colony of the United States." Therefore, although Dr. Paul is correct that most people think of natural born citizens as those born in the 50 states plus D.C., since it is not specified in the Constitution, one could successfully argue that a person born in a U.S. colony could be considered natural born.

Comments
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McCain was born in Panama and as such it sounds as he is not a "Natural Born Citizen" accordingly to the Constituion meaning of the world "Natural Born Citizen" indicating Born within the territory, therefore he may not qualify to run for the office of the president. Panama was leased and we have no Territorial Rights nor it was considered US territory. McCain is a Citizen of the United States because a Law (Controlled by Congress) that allows Citizenship if Both parents are U.S. citizens. Section 1 of Article II of the Constitution contains the clause: "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." The origin of the natural-born citizen clause can be traced to a July 25, 1

Posted on 02/20/2008 at 7:02:37 AM

 
The 'laws' cannot trump the Constitution.

Posted on 02/06/2008 at 8:02:17 AM

 
It may have been ran as a colony but it was never a US territory. He is not eligible.

Posted on 02/06/2008 at 8:02:27 AM

 
I would certainly hope he is a natural born citizen. Of course, one must bear in mind that when the Constitution was drafted, our country was not far away from British Rule. People really need to take things in context! Of course they didn't want a Brit to be President hence the natural born part. Next thing you know, someone will be calling JM a Vietnamese citizen, having spent YEARS in a prison camp in Vietnam. The language you referenced specifically covers military families and those citizens abroad when children are born. I cannot fathom why Mr. Paul would not have known that.

Posted on 02/05/2008 at 6:02:22 AM

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