Friday, February 08, 2008

What About That "McCain Ineligibility"?

John McCain was born August 29, 1936 in the Panama Canal Zone. There's a question about his ability to be POTUS under the 14th amendment.
Thanks to Michael Rivero at WRH, the issue is resolved and McCain ain't eligible to be president:

From the US State Department website at http://www.state.gov/documents/organization/86755.pdf

"7 FAM 1116.1-4 Not Included in the Meaning of "In the United States"
(TL:CON-64; 11-30-95)
a. A U.S.-registered or documented ship on the high seas or in the exclusive economic zone is not considered to be part of the United States. A child born on such a vessel does not acquire U.S. citizenship by reason of the place of birth (Lam Mow v. Nagle, 24 F.2d 316 (9th Cir., 1928)).
b. A U.S.-registered aircraft outside U.S. airspace is not considered to be part of U.S. territory. A child born on such an aircraft outside U.S. airspace does not acquire U.S. citizenship by reason of the place of birth.
c. Despite widespread popular belief, U.S. military installations abroad and U.S. diplomatic or consular facilities are not part of the United States within the meaning of the 14th Amendment. A child born on the premises of such a facility is not subject to the jurisdiction of the United States and does not acquire U.S. citizenship by reason of birth.


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 -- The Constitution of the United States, Article II Section 1

So are we going to see a rush to amend the constitution, or a flurry of lawsuits?

1 Comments:

Blogger Nina said...

it will be interesting to see this one play out...

10/2/08 4:42 PM  

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