The NPR News Blog
 
 

McCain: Being Born in Canal Zone Won't Stop Campaign

John McCain wasn't born on U.S. soil. But the GOP frontrunner says he's confident that won't disqualify him from the presidency.

McCain was born in the Panama Canal Zone in 1936, while his father was stationed there with the U.S. Navy. Both his parents were U.S. citizens. McCain says he's certain that will meet the constitutional test that the President be a "natural born citizen."

Just in case, his campaign has asked former Solicitor General Ted Olson to research the issue. McCain says his staff also looked into the matter during his unsuccessful campaign in 2000.

Arizona Senator Barry Goldwater encountered the same question when he ran for President in 1964. Goldwater had been born in 1909, before Arizona achieved statehood. It was Lyndon Johnson's landslide, though, not any constitutional prohibition, that kept Goldwater out of the White House.

McCain often jokes about the unsuccessful string of White House hopefuls from Arizona, including Goldwater, Mo Udall, Bruce Babbitt, and himself. He says he hopes to end the losing streak so Arizona parents can once again tell their children with a straight face they can grow up to be President.

-- Scott Horsley

Update: Actually, our own Ken Rudin dealt with this issue in 1998 when he was doing Political Junkie for the Washington Post. This is a good explanation as to why Sen. McCain has no worries about his eligibility for the presidency.

 

Comments

Hi,

I think th constitiutional requirement implies that president not be foreign born is that they are not born a citizen of another country. His parents were in the Navy, of which a base is US soil. I am sure it would come up to the court but I think they would pass.

sf

Sent by sf | 3:42 PM ET | 02-28-2008

I swear I saw a picture of John McCain in traditional Panamanian dress out on the Internets. I always knew he was some kind of foreigner!!

Sent by davidconnell | 3:43 PM ET | 02-28-2008

I'm glad this question was finally raised. My understanding, admittedly from a high school government class years ago, was that he could not become president because he wasn't born on American soil.

Why didn't the media hop on this issue before? This was even a subject of fervent discussion in an American expatriot's group several years ago in Paris. A legal issue like this could derail their entire campaign, reminding us of the hanging chads and their effect of the legitimacy of George W. Bush's first term in office. Americans don't deserve the be cheated of a true presidential race, and I perceive this as an issue that could do just that.

Sent by E. Ch??ron | 4:06 PM ET | 02-28-2008

Hey folks

I actually know the answer to this one, as I researched it when my daughter was born in Canada.

McCain is fine. Any child born to U.S. parents or a parent (in my daughter's case, her mom) outside the U.S. receives a certificate of naturalize birth - which basically treated them the same as a person born on U.S.

Remember, Mitt Romney's dad, George, was born in Mexico. But since both parents were American, he was fine when he ran for president in the 60s. It's only people born outside the U.S. who become U.S. citizens - like me or the Govenator in California - who can never be president because of the Constitution.

Tom Regan
Host, Newsblog

Sent by Tom Regan | 4:15 PM ET | 02-28-2008

Well, that separates the "well read" from these who actually understand the Constitution.

BTW, same thing if your born on a ship.
You are born with the citizenship of your parents (or choice between them if different).

Its the only the "santuary movement" that believes physical geography solely determines your citizenship. Geography means (nearly) nothing. The newborn child of "two illegal immigrant parents" is still a "foreign-born" child.

Kind of sinks your "anchor" baby!

Sent by Harold | 4:53 PM ET | 02-28-2008

Yes, any person born in the Panama Canal Zone (U.S. soil) back then, is a U.S. citizen. Even Panamanians born in the hospital located in the Canal Zone are granted citizenship, I believe.
I remember those times when I could have one foot in U.S. soil and the other in Panamanian soil. Interesting times!

Sent by V. from TX | 5:13 PM ET | 02-28-2008

My mother was born in Coco Solo Hospital, the same one McCain was born in. Both my grandparents are Panamanian. When my mother was applying of U.S. citizenship she was told that because she was born on a U.S. base she was a citizen. Also, based on the Panamanian Constitution McCain is Panamanian too. So, if it doesn't work out for him here he can always run in Panama.

Sent by Fina from Pasadena | 7:45 PM ET | 02-28-2008

Okay, I can't stand it anymore. For the rules about acquiring US Citizenship at birth, go to http://travel.state.gov/law/citizenship/citizenship_782.html.
If you are born on US soil, you are a citizen under the 14th amendment (unless your parents were accredited foreign diplomats.) US soil nowadays generally means the territory of the 50 states, Puerto Rico, American Samoa, USVirgin Islands *and* the territorial waters of the US *and* US airspace (yes, if mama gives birth at 35,000 feet over Iowa, you're American!) It does NOT mean if someone gives birth on the doorstep of a US Embassy, the child is a citizen.
Acquisition of US citizen through birth abroad to US citizen parents depends on whether one or both parents is a USCitizen, are the parents married, and how long the USCitizen parent resided in the US before the child was born. It also depends on when you were born, because the law changed several times during the 20th century. Yes, it's complicated, but trust me please, I do this for a living.
I'm afraid Harold is mistaken. A child born in the United States to illegal alien parents is still a US Citizen.
And I tell parents all the time, the Constitution requires the President to be an American citizen from birth. As far as I'm concerned, John McCain qualifies. And my son, born abroad while I was in diplomatic service to Uncle Sam, qualifies too, by golly.

Sent by Margaret | 8:03 PM ET | 02-28-2008

First, let me say that although I don't support McCain and don't plan to vote for him, I definitely do believe he qualifies as a "natural born citizen", since I believe that phrase was intended by the Founding Fathers to refer to anyone who (according to all applicable US law) has been a US citizen since birth.

Having said that, I'm confused by something McCain is reported (by AP) to have said the other day -- that "Barry Goldwater was born in Arizona when it was a territory . . . and it went all the way to the Supreme Court."

I'm not aware of any Supreme Court case that ever ruled on whether Goldwater, or anyone else who has ever sought the presidency, was or was not a "natural born citizen." If, in fact, the Supreme Court did rule in 1964 that Goldwater was "natural born," someone needs to supply us with the "cite" to this case -- that is, tell everyone the exact volume and page number of the decision, as found in the official records that are published of all Supreme Court decisions.

Any lawyer on McCain's staff should have had it pounded into their head in law school that unless you can properly "cite" a court case, it doesn't exist.

Again, I do personally think that McCain IS a "natural born citizen," but the point here is whether the Supreme Court really has settled this matter or not -- and unless someone, somewhere, can cite the exact case involved, McCain's staff has done him a disservice by leading him to say such a ruling exists when in fact it doesn't.

Sent by Rich Wales | 11:17 AM ET | 03-01-2008

Now that the conversation has turned to Barry Goldwater.....and some have asked how it was I could call 'Mr. Conservative' a liberal, well, there are a number of reasons.

Goldwater was pro-choice on the abortion question, and he was a strong supporter of the NAACP in Arizona (though Goldwater opposed government intervention in dictating private morality).

But, more important, Barry Goldwater was very involved in uncovering the truth about UFOs. Goldwater said to Larry King during an interview: "I certainly believe in aliens in space. They may not look like us, but I have very strong feelings that they have advanced beyond our mental capabilities....I think some highly secret government UFO investigations are going on that we don't know about ??? and probably never will unless the Air Force discloses them."

Goldwater repeatedly pressed General Curtis LeMay for any information about the Air Force covering up UFO information at Wright-Patterson Air Force Base.

The Supreme Court Case involving Barry Goldwater's American citizenship was brought about because of question whether Goldwater was born on another planet. Or in a vehicel somewhere in outer space.

The Supreme Court justices ruled six to three in favor that Goldwater was indeed born on the planet Earth, and that he was a qualified United States Citizen eligible to run for president.

fred camorra call

Sent by fred camorra call | 1:57 PM ET | 03-01-2008

The 1790 law that that declared, "The children of citizens of the United States that may be born beyond sea, or outside the limits of the United States, shall be considered as natural-born citizens of the United States..." was repealed in 1795. That indicates to me that John McCain IS NOT a natural-born citizen.

Sent by jr | 5:48 PM ET | 03-11-2008



   
   
   
null


 
E-mail this page Print this page
 
 
 
Tom Regan

Tom Regan

Blogger

 
 
 

About Us

This year's election cycle has been one of the most exciting in memory. At the NPR News Blog we'll do our best to bring you interesting, informative -- and controversial -- stories from our own reporters and bloggers, as well as the rest of the best of the Internet and blogosphere. And we hope you'll let us know what you think as well.

Want to learn more? Be sure to read our Frequently Asked Questions and our discussion guidelines.

 
 
Get My Vote promo

Share Your Story

What would it take to get your vote? Share text, audio or video.

 
 

 
 

Search the blog

 
 

Email Tom

If you would like to email Tom privately, please use our contact form.

 
 
 

Browse Topics

Services

Programs