AP/ June 18, 2009, 6:23 PM

Lawyers Conclude McCain Is "Natural Born"

A pair of lawyers - one Republican, one Democrat - have concluded that John McCain's 1936 birth outside the continental United States does not disqualify him to be president.

The likely Republican nominee was born on a U.S. naval base in 1936 in the Panama Canal Zone.

A federal judge in California has been asked to determine whether McCain meets the legal test to hold the nation's highest office. Although McCain has called questions about his eligibility nonsense, his campaign, as it did in his first White House run in 2000, sought a review from legal experts to put the issue to rest.

"Based on the original meaning of the Constitution, the Framers' intentions, and subsequent legal and historical precedent, Senator McCain's birth to parents who were U.S. citizens, serving on a U.S. military base in the Panama Canal Zone in 1936, makes him a 'natural born citizen' within the meaning of the Constitution," the review found.

The issue was examined by former Solicitor General Ted Olson, a Republican backing McCain, and Harvard Law Professor Laurence H. Tribe, a Democrat backing Barack Obama.

The Constitution requires that only "natural born" citizens hold the presidency. But the Founding Fathers did not elaborate on the term, and the meaning of the phrase has long been debated.

A two-page complaint filed March 6 in U.S. District Court in Riverside, Calif., argued that a judge should step in because the constitutional language was not precise, opening questions about McCain's standing. It was filed by Riverside lawyer Andrew Aames, who says he's a registered Republican but previously was a Democrat.

The Panama Canal Zone was a U.S. territory when McCain was born on Aug. 29, 1936. His father was stationed there in the Navy, and his mother was an American citizen.

Missouri Sen. Claire McCaskill, a prominent Obama backer, has introduced legislation that would define a "natural born citizen" as anyone born to any U.S. citizen while serving in the active or reserve components of the U.S. armed forces. Obama is a co-sponsor of the bill.
© 2009 The Associated Press. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed.
83 Comments Add a Comment
linkicon reporticon emailicon
tigerjcs says:
It is outrageous to doubt McCain''s citizenship. He was born in the US military base. Both his parents are US citizens. We need to show support and appreciation to ALL AMERICAN MILITARY FAMILIES. Quit being Obamania, embrace anti American spiritual leader and shovel his white American grandmother under the bus. McCain is the true and Proud American all the time.
reply
linkicon reporticon emailicon
obama8years says:
youtube.com/watch?v=LIe4d9Nmg9k

Obama is backing muslim extremist!

badbarack.org

obamatruth.org

OBAMA TIES TO HAMAS

The Jewish Telegraphic Agency today reports that the Wright, Jr., long-time pastor of Obama, published an op-ed piece signed by a Hamas leader. The item appeared in the July 22, 2007 edition of his Trinity United Church newspaper on the "Pastor''s Page." Justifies attacks on Israeli civilians, and carries a supporting introduction by Mr. Wright.

Obama issued a statement strongly condemning these views of his pastor. "I certainly wasnt in church when that outrageously wrong [Hamas] piece was re-printed in the bulletin.


Obama is a long-time member of Trinity United, and his financial contributions to his church are reported to be substantial ("All told, the [Obama] couple gave $27,500 to [Trinity United] in 2005 and 2006," according to the New York Times of March 26). His moral support to the church has been unwavering. As more and more and more details of the extremist political positions of the church are revealed, Obamas response has been to distance himself from these, but also to repeat, over and over, that he didn''t know, that he wasn''t there.

I find it very difficult to believe that an intelligent, energetic, and very political man like Obama is perpetually ignorant about what goes on in the church to which he devotes so many of his resources. If he does get to the White House....
reply
linkicon reporticon emailicon
obama8years says:
OBAMA TIES TO HAMAS TERROR

The Jewish Telegraphic Agency today reports that the Reverend Jeremiah Wright, Jr., long-time pastor of Barak Obama, published an op-ed piece signed by a Hamas leader. The item appeared in the July 22, 2007 edition of his Trinity United Church newspaper on the "Pastor''''''''''''''''s Page." The op-ed piece justifies attacks on Israeli civilians, and carries a supporting introduction by Mr. Wright.

Barak Obama issued a statement strongly condemning these views of his pastor. "I certainly wasn%u2019t in church when that outrageously wrong [Hamas] piece was re-printed in the bulletin,%u201D Obama added.


Obama is a long-time member of Trinity United, and his financial contributions to his church are reported to be substantial ("All told, the [Obama] couple gave $27,500 to [Trinity United] in 2005 and 2006," according to the New York Times of March 26). His moral support to the church has been unwavering. As more and more and more details of the extremist political positions of the church are revealed, Obama''s response has been to distance himself from these, but also to repeat, over and over, that he didn''''t know, that he wasn''t there.

I find it very difficult to believe that an intelligent, energetic, and very political man like Obama is perpetually ignorant about what goes on in the church to which he devotes so many of his resources. If he does get to the White House, will he be in similar ignorance about the goings on of his administration ?
reply
linkicon reporticon emailicon
p-syrus says:
Missouri Sen. Claire McCaskill, a prominent Obama backer, has introduced legislation that would define a "natural born citizen" as anyone born to any U.S. citizen while serving in the active or reserve components of the U.S. armed forces.

-----------------

That is MUCH too restrictive a definition. Better yet: any person who by right of birth has valid claim to u.s. citizenship.

Why should the children of american citizens abroad be excluded?
reply
linkicon reporticon emailicon
Stratmaster7 says:
Duh? You mean this was really still being considered an issue? There are plenty of reasons not to vote for McCain without having to consider this. Too hawkish on the war (which is just really going well the last week,huh), too volatile in his approach to Iran, clueless on any issue other than the war; and heck from his recent comments about AlQaeda, Iran and Shiite vs. Sunni''s actually seems pretty clueless even on the war issue. Add in the fact that he appears to be showing early signs of aging impediments and I don''t think this issue really matters, does it?
reply
linkicon reporticon emailicon
terribletire says:
IF that is the case then it is excedingly clear that the military base at Guantanamo Bay, Cuba is also "US Soil" by definition. Which means that the capital crimes being committed there are punishible and must be punished under US law. As such every one involved in the capital crimes there from bush down MUST be charged and convicted! Our laws very clearly stipulate the death penalty for such capital crimes on US soil. Let the trials begin! And thank you Mr. McCain for clearing that issue up.
reply
linkicon reporticon emailicon
wogerwabbit says:
As a military brat born in Japan, I find it very offensive that anybody would even consider the notion that we are any less American. Military brats serve their country as they follow their military parents from place to place or are separated from their parents during long deployments. This is a slap in the face to our service men and women who are raising families overseas because that is where their country sent them. To deny these children the title of "natural born" American is ridiculous.

Posted by chriskiss1 at 02:39 AM : Mar 29, 2008

Period. Exclamation point! End of story. Move along, there''s nothing to see here.
reply
linkicon reporticon emailicon
cfin5 says:
As a military brat born in Japan, I find it very offensive that anybody would even consider the notion that we are any less American. Military brats serve their country as they follow their military parents from place to place or are separated from their parents during long deployments. This is a slap in the face to our service men and women who are raising families overseas because that is where their country sent them. To deny these children the title of "natural born" American is ridiculous.

Posted by chriskiss1 at 02:39 AM : Mar 29, 2008------Excellent post! You just finished out the question at hand.
reply
linkicon reporticon emailicon
jjp735i says:
Who in their right mind thought he was not a U.S. citizen? I am not a McCain fan, but this was a total waste of the courts time.
reply
linkicon reporticon emailicon
keithle1 says:
Anything that stops Gramps from being President is fine with me.
reply
See all 83 Comments