Adjunct Law Prof Blog

Editor: Mitchell H. Rubinstein
New York Law School

Friday, February 29, 2008

Is Senator McCain Eligible To Be President?

Mccain The constitution states that only naturally born citizens are eligible to be President. The A.P. reported that Senator McCain was born in the Panama Canal Zone and that the Senator asked for Solicitor General Ted Olson (also of Bush v. Gore fame) to research this issue. As the article states:

McCain himself insists the issue was put to rest when fellow Arizonan, Barry Goldwater, ran for president in 1964.

"Barry Goldwater was born in Arizona when it was a territory, Arizona was a territory, and it went all the way to the Supreme Court," McCain told reporters Thursday on his campaign plane. "And there's no doubt about that. And it was researched again in 2000."

The Panama Canal Zone was a U.S. territory when McCain was born on Aug. 29, 1936.

As for the reason for seeking Olson's opinion: "I don't know," McCain said. "Maybe my staff talked to him, but I didn't. But I have absolutely no concern about that."

"It's very clear that (the idea that) an American born in a territory of the United States whose father is serving in the military would not be eligible for the presidency of the United States is certainly not something our founding fathers envisioned." McCain's father was stationed in the Canal Zone by the Navy at the time of his birth.

Could you imagine?? What this this points out is that the consitution needs to be amended. It's simply out-dated.

Mitchell H. Rubinstein

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Article II, Clause 5, of the U.S. Constitution provides that "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 for the Office of President; ...

Following William Henry Harrison, all persons elected to the office have been citizens born in the United States. Commentators have suggested that the eligibility of an individual born abroad of parents both of whom are American Citizens depends on whether the term "citizen" is interpreted as "exclusive" or "inclusive.

A Cornell Law Review Article by Warren Freedman entitled "Presidential Timber, Foreign Born Children of American Parents," [35 Cornell L. Q. 357-366] considers this issue.

Also, in a footnote, footnote 25, in his book, "The Constitution and What It Means Today," Edward S. Corwin states that the New York Times on November 11, 1967, reports George Romney as stating that several law firms have researched the question of his [Romney's] eligibility for election to the Office despite his having been born in Mexico of American parents and concluded that he was "natural born."

Posted by: Randall | Mar 2, 2008 7:25:22 AM

Check the 3 links below.
John McCain was born in COLON outside the Panama Canal Zone.

John McCain was not born on US territory.
John McCain was not a 'natural born citizen"

Various Congressmen knew this and tried to issue a resolution to award McCain with "natural born citizen" status, but this resolution was meaningless and a fraud perpetrated on the American voter.

John McCain's Stats
Long Form
Short Form
Non-Binding Resolution

Check the long form, check the short form (both above). McCain was born at a hostpital in Colon. The reason for the "non binding resolution" was they knew that McCain was NOT a natural born citizen and even Obama and H. Clinton signed onto this irrelevant resolution and, it's reported, tried to extend it even further. Wonder why. Hillary was born in Chicago.

AT MINIMAL, McCain, Clinton and Obama *knew* that McCain was NOT a natural born citizen and were engaging in fraud upon the US voting population. This "non binding resolution" is garbage. It has no legal weight. It has no effect on the requirements for President, but it gives a false impression (see below)

This is from the non binding resolution:

Whereas John Sidney McCain, III, was born to American citizens on an American military base in the Panama Canal Zone in 1936: Now, therefore, be it:

Even this is misleading and phrased deliberately so. The phrase "on an American military base" is situated so it refers to "American citizens" (ie. his parents) and thereby referencing where they were stationed and not where McCain was actually born. This is done deliberately to misrepresent McCain and given the IMPRESSION he was born on US territory (a portion of the requirement for "natural born Citizen" status).


This is nothing but deliberate, calculated FRAUD perpetrated on the American populace.

Posted by: Trip | Nov 28, 2008 1:00:43 AM

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