Quote:
Originally Posted by Tymberwulf
Colon, Panama was part of the canal zone, and furthermore McCain is considered a natural born citizen according to the Act of March 26, 1790, 1 Stat. 103, "the children of citizens of the United States, that may be borne beyond sea, or out of the limits of the United States, shall be considered as natural-born citizens of the United States."
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Colón City
Colón, Panama. «koh LOHN» (2000 pop. 204,208), is the second largest city in Panama, at the Caribbean end of the Panama Canal. Colón was surrounded by, but not part of, the former Panama Canal Zone. Colón is an important port, commercial center, and tourist destination. It was made a free trade zone in 1953 and is the world’s second largest duty-free port.
Hay-Bunau-Varilla Treaty 1903
ARTICLE II
The Republic of Panama grants to the United States in perpetuity the use, occupation and control of a zone of land and land under water for the construction maintenance, operation, sanitation and protection of said Canal of the width of ten miles extending to the distance of five miles on each side of the center line of the route of the Canal to be constructed; the said zone beginning in the Caribbean Sea three marine miles from mean low water mark and extending to and across the Isthmus of Panama into the Pacific ocean to a distance of three marine miles from mean low water mark
with the proviso that the cities of Panama and Colon and the harbors adjacent to said cities, which are included within the boundaries of the zone above described, shall not be included within this grant. The Republic of Panama further grants to the United States in perpetuity the use, occupation and control of any other lands and waters outside of the zone above described which may be necessary and convenient for the construction, maintenance, operation, sanitation and protection of the said Canal or of any auxiliary canals or other works necessary and convenient for the construction, maintenance, operation, sanitation and protection of the said enterprise.
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Since Senator John McCain was not born "in the United States" he is not a natural born Citizen of the United States and therefore is not eligible to the Office of President. It's really quite simple, and only needs further explanation because the general consensus of politicians and the media has been to duck the issue. All evidence supports the conclusion seen in the topic sentence. Sources that support this conclusion include the
U.S. Constitution which is the supreme law of the land,
The Naturalization Act of 1790 (http://ocp.hul.harvard.edu/immigration/outsidelink.html/http://nrs.harvard.edu/urn-3:HLS.LIBR:981715 - broken link),
The Naturalization Act of 1795, and the
Hay-Bunau-Varilla Treaty ratified for the construction and operation of the Panama Canal Zone.
John McCain was born on the sovereign territory of the Republic of Panama to U.S. citizen parents. McCain is a United States citizen due to parentage, not naturally by
reason of birth on U.S. soil which is a basic constitutional requirement.
The ineligibility of John McCain to serve as president may not prevent his run for the office. However, he cannot hold the office. If he were elected president, legal challenges would be inevitable.
Without an amendment to the U.S. Constitution, it is unlikely the Supreme Court of the United States could rule in McCain's favor except by legislating from the bench. The more conservative side of the Republican party has typically represented the case for separation of powers with a louder voice than the more liberal side of the Democrat party. Have conservatives been gagged?
The sidestepping of this critical issue in the media, by the politicians, and the political parties is alarming and may lead to a national crisis in the event of a McCain win in the general election.
The Naturalization Act of 1790 that changed the definition for natural born citizen to include parentage was repealed by the Naturalization Act of 1795. Since then the constitutional requirement has not again been broadened to "contemplates two sources of citizenship, and two sources only: birth and naturalization. . . . Persons [401 U.S. 815, 842] not . . . subject to the jurisdiction of the United States at the time of birth cannot become so afterwards, except by being naturalized, either individually, as by proceedings under the naturalization acts, or collectively, as by the force of a treaty by which foreign territory is acquired." 112 U.S., at 101 -102.include parentage in the definition of natural born Citizen.
In presenting this constitutional dilemma, the purpose is to bring attention to the need for a remedy. This may also mean that the remedy would not be in place in time for Senator John McCain to be eligible to hold the office of President.
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