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View Diary: National Review: Birthers are bipartisan (79 comments)

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  •  Sorry. Too many Americans, the framers (2+ / 0-)
    Recommended by:
    Eyesbright, TrueBlueMajority

    ambiguity notwithstanding, will simply say this guy is not eligible because he was born in Canada. Closed case.

    McCain was born on a navy base in the Canal Zone (at that time belonging to the U.S., so it was U.S. soil)  to naval a U.S. servicemember and his American wife.  There is extremely little ambiguity there.

    This is NOT the same situation as Cruz.

    "They come, they come To build a wall between us We know they won't win."--Crowded House, "Don't Dream It's Over."

    by Wildthumb on Wed Mar 27, 2013 at 06:35:42 PM PDT

    •  On being born in the Canal Zone (3+ / 0-)
      Recommended by:
      PDiddie, Janet 707, loblolly

      John McCain has a couple of ways to claim being a U.S. citizen by birth, but neither has to do with being born in the Panama Canal Zone or on a Navy base.

      An American military base is not American soil. If it were, then any baby born on the base would be a citizen by birth. They are not. The baby needs an American parent or two to become a citizen.

      Do some googling on the State Department, U.S. citizenship, and military bases abroad. The State Department has helpfully explained which infants born on American bases abroad get U.S. passports and which don't.

      The Panama Canal Zone was an unincorporated and unorganized American territory. It was not "American soil" that counted for transmission of citizenship.

      Babies born in the Panama Canal Zone were U.S. nationals, not U.S. citizens. That was the result of a U.S. Supreme Court case in 1905, Rasmussen v. U.S.

      Eventually, this situation troubled Congress, so in 1937, Congress passed legislation granting statutory citizenship to Canal Zone babies born to at least one U.S. citizen parent. They made it retroactive to 1904, so baby John, born in 1936, was entitled to statutory citizenship that way. (The section is still in the law--see Title 8, s. 1403.)

      The other way that baby John was entitled to his citizenship is that he was born to two U.S. citizen parents.

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