McCain Ineligible for Presidency?

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.

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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

Hah!

[peacefinder]

Amusing, but futile.

Hawkish conservatives will no doubt consider any Democrat as ineligible for office citing the 14th amendment's prohibition of granting high office to anyone who has given aid and comfort to the enemy.

Meanwhile, libertarians and anarchists will point out that none of the current candidates was "[...] a Citizen of the United States at the time of the Adoption of this Constitution" because none of them are that old. :-)

Re:

[Harmonious Botch]

...none of the current candidates was "[...] a Citizen of the United States at the time of the Adoption of this Constitution" because none of them are that old.

http://files.blog-city.com/files/O05/150158/p/f/hillary_.jpg [blog-city.com]

Re:

[peacefinder]

Pshaw! Those are color pictures! Everyone knows the world was black-and-white before 1934.

Re:

[Ethelred Unraed]

Actually, it's just plain wrong. Or more specifically the result of a common misconception.

Ius soli, the "right of the soil", is only one way to become a natural-born American citizen. The other way is ius sanguinis, "the right of the blood". Since McCain's parents were/are American citizens, he therefore is a natural-born citizen.

Similarly the Confessor is a natural-born American citizen and has American citizenship because I'm an American citizen. (See US Code 1401 (g). [cornell.edu]) German citizenship law is pre

It's a doubly moot point

[sam_handelman]

Not only are his parents citizens, but he was born in the Panama Canal Zone, which was not a US Military Base (I mean, it was), but as US *Territory*.

  So he's eligible to run for President.

  Doesn't matter since all the data indicates he'll lose, which means he won't be able to raise money, which means he really will lose.

Re:

[Jeremiah Cornelius]

I call him McCheney.

Well - I wish he were ineligible.

Re:

[iminplaya]

Doesn't make a difference. Hillary is MsCheney. Obama is Obeney (O'Cheney? LieberCheney)