Is John McCain an American citizen, a real one?

Ever since it became clear, or semi-clear, that Arizona Sen. John McCain was not going to be bumped out of the race for the Republican presidential nomination by Rep. Ron Paul, The Ticket has received numerous comments from loyal readers wondering if the former POW was really a native-born American citizen.

And thus eligible to become president of these United States under the constitutional stipulation “No Person except a natural born Citizen … shall be eligible to the Office of President.”

Even the Big Guy, Gov. Ahnold from Austria, can't terminate that one.

The question arises because the 71-year-old McCain was born into a U.S. Navy family on-duty in the Panama Canal Zone, which seems kinda foreign to some folks, although it was under American control in 1936 when McCain first emerged.

Well, this just in from Washington and the mouth of the Cabinet secretary charged with enforcing federal immigration laws.

Homeland Security Secretary Michael Chertoff was responding Wednesday to a question from Senate Judiciary Committee Chairman Patrick Leahy about McCain’s citizenship status.

“We've had some question on this committee to have a special law passed," said Leahy, who actually supports Democrat Sen. Barack Obama, "declaring that Senator McCain was born in the Panama Canal, that he meets the constitutional requirement to be president.

“I fully believe he does," Leahy continued. "I've never had any question in my mind that he meets our constitutional requirement.

“You're a former federal judge,” he said to Chertoff. “You're the head of the agency that executes federal immigration law. Do you have any doubt in your mind? I have none in mine. Do you have any doubt in your mind that he's constitutionally eligible to become president?”

Chertoff kept his answer brief: “My assumption and my understanding," he said, "is that if you were born of American parents, you are a natural-born American citizen.''

Case closed, it seems.

-- Matthew Hay Brown

Matthew Hay Brown writes for the Swamp of the Chicago Tribune Washington Bureau. Photo Credit: AP Photo/Jose Luis Magana

Comments

[tim, minnesota]

I am a Ron Paul only supporter. trying to use this birth location to disqualify McCain is humerous. It would be fun to have this disqualify McCain.

Another issue is the campaign financing ( McCain helped forge) that McCain appears to be in violation of. I do hope the Repbulican Party would inforce the rule of law even if McCain is the leader now. The Democrats are no top of this issue and filing papers with the commissions. The Republican leadership is so obsessed with trying to win they ignore issues that are self-distructive as a party.

Our country needs a strong principled president with character. Of the 4 remaining candidates Ron Paul stands head and sholders above the others. People might not agree or understand every position Ron Paul stands for. No candidate will be 100% of a persons posiiton. The nice thing Ron stands and has for 40 years on convictions and principles. Every other candidate changes with the direction the wind blows.

Ron Paul continues collecting delegates to national that other candidates were thought to have. I think all North Dakota Delegates are Ron Paul. In Minnesota Ron could end up with 50% of the delegates and here they are not committed to any first round vote at national.

[ck]

Is anyone questioning Obama's citizenship status? His father was Kenyan. Was his father actually a U.S. citizen when Obama was born? If both of Obama's parents were not "Americans" at the time he was born in Hawaii, is Obama really, truly a "natural-born citizen," eligible for the office of President?

[Loyal Democrat]

Even though I do not support McCain, this should not be an issue.

He was created in the Bush Labs in Texas anyway!.....Republinator2008v3.2! ;)

[Tominellay]

The Constitutional requirement "natural born Citizen" is explicit and means what it means. I think that, obviously, it's a problem here. Leahy shouldn't be so cavalier as to suggest just passing a special law to accommodate this instance; Chertoff is probably wrong just to assume/understand this or that. There are legal definitions of the "U.S." and the U.S. and its territories", etc., which tend to bind us in all sorts of ways. I don't think a legal challenge and a court decision will be avoided; I don't think they should be avoided. This issue should be settled in court. No one gets a pass: McCain qualifies or he doesn't.

[Michael Seebeck]

Leahy and Chertoff are so wrong it's hilarious. Bloodline is not any grounds for natural-born status.

McCain hired Ted Olson to do two things: 1) Argue the case before the Supreme Court once the Aames lawsuit gets there, and 2) to bury the truth.

All McCain has to do is release his birth certificate once and for all, but he won't, and it is concerning that he doesn't even know his own legal status.

That and the McCaskill-Obama legislation on the issue is troubling, since if hewas natural born that legislation would not even be necessary.

But here's the truth, researched by me, documented, cited, and organized so even the Ted Olsons and Pat Leahys of the world can understand it.

This link gves the details.

http://muddythoughts.blogspot.com/2008/02/panmanchurian-candidate-mccain.html

Here's the short form.

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.

It's really that simple. If anyone doubts me I suggest they check out the link and read for themselves.

[Michael Seebeck]

BTW, Obama was born in the state of Hawaii, so he is natural born. As the illegal immigrant anchor baby argument shows, nationality of the parents (aka "jus sanguinis") is irrelevant. It's the geography that matters, and Obama was born in the United States, not naturalized, so he is natural born. McCain was born in Panama, so he is not natural born.

The same argument was made against Barry Goldwater Sr. in 1964, but he was born in AZ Territory, clearly in the United States as well. George Romney was born in Mexico, but his status was never challenged.

[dave]

is it a coincidence that obviously everyone left in the race except ron paul could be eliminated from the race on legal issues?

[Tess]

I think the big question should be is why does McCain believe he is above his own legislative financing laws. This man chose to apply for matching federal election funding in order to be on several state ballots without having to get the required signatures as the other candidates that had chosen not to take the matching funds. Now McCain does not want the matching funds because he has already over spent if he was to take those funds now. Does that sound corrupt, and wrong, hell yes! This man is corrupt, and will stop at nothing to get in the White House, and that includes lying to the American People just as George Bush did. George Bush's Humble Foreign Policy was horsecrap, and got him into the White House via the Conservative Republican voters, but we will not fall for it again with McCain. Our country is falling apart financially, and the war is continuing to drain us economically, and with the lives of our most precious treasures, OUR AMERICAN SOLDIERS. Please do not vote for McCain, and look to the other candidate that is still in the race, RON PAUL. He is the Conservative voice for the Republican party, he will unite our Country, and it's people. Ron Paul knows more about our Economy, and what is really happening to our America, all McCain wants is to be the War Hero he never was. He was simply a POW, and one that gave up information to the enemy. I am proud of his service to our country, but he was no HERO, he is a war maker, and wants to re-live his old military life as a President. Ron Paul is also an ex-military Flight Surgeon, and also served our country, but he will not continue a Foreign Policy of War like McCain would.

[LV]

As a former immigration officer, I will tell you there are two ways to be born as a US Citizen: Jus Soli and Jus Sanguinis. Right of the soil and right of blood. Although I am not necessarily a John McCain supporter, it is simple to see that he fulfills the requirement by being born to U.S. citizens thus immediately making him a natural born US Citizen.

Obama, just like Clinton was born in the US (right of the soil) and to at least one US Citizen parent (right of blood).

[LibertyNH]

According to the Constitution he is clearly not a natural born citizen, but since the Constitution (and constitutional law) has been subverted by the corporate US government it cannot be used as grounds to disqualify him any more than it can be used to protect the rights of citizens (in a court of "law", the constitution means nothing)...

[Michael Seebeck]

Sorry, LV, but you're clearly wrong. Go read my blog and see why. Jus sanguinis has no basis in law except by legislation (naturalization), known as lex soli. Natural born is known as jus soli..

I have heard from dozens of people born overseas to military personnel that had to get naturalized, including some born in the PCZ. The anecdotal evidence backs up the legal evidence.

[domingo arong]

During the same year Congress debated and approved the Citizenship Clause in 1866, Justice Noah Haynes Swayne in U.S. v. Rhodes declared that:

“All persons born in the allegiance of the United States are natural-born citizens. Birth and allegiance go together."

There is also this rule of Partus sequitur patrem--the "status of the child follows the father"--that Chief Justice Melville Fuller, dissenting in U.S. v. Wong Kim Ark (1898), cited:

“[I]t seems to me that the rule, 'Partus sequitur patrem,' has always applied to children of our citizens born abroad, and that the acts of congress on this subject are clearly declaratory, passed out of abundant caution, to obviate misunderstandings which might arise from the prevalence of the contrary rule elsewhere.”

Under the Citizenship Clause--read grammatically as the author, Senator Jacob Howard, intended it to convey, Senator John McCain is a "natural born citizen" of the United States.

[Vince Treacy]

Why did you say case closed? It is not closed. It has just opened in US District Court for the Central District of CA at Riverside.

Chertoff is just an ex judge giving his horseback opinion. It is a good opinion, but does not settle anything.

Meantime, no one can find or read the opinion by Olson and Tribe. They have asked McCain to post it on the web, but it is not there.

So, please, do the reporting and get their opinion from the court or McCain or somewhere and post it for all to read.

[Tannim]

domingo arong has it wrong. The Citizenship Clause of 1866 was overridden by INA in 1952, so all rulings on that law are also void. McCain is specifically covered by 8 USC 1403(a). Go read it.

Partus sequiter patrem was used in a dissent, menaing it has no legal significance.

Furthermore, there is no way to legislatively declare "natural born" status on someone.

Vince Treacy is right, the suit has been filed. We'll see where it goes, but the evidence is pretty clear. If McCain is so confident that he's natural born, then all he has to do is release his birth certificate to prove it. He can't, so he won't.