TJP

McCain stands to be the First U.S. President Born in Panama

By Byron A. Ellis-August 14, 2008

John McCain, the Republican nominee for president of the United States was born in the Panama Canal Zone in 1936. His birthplace has prompted eligibility questions, particularly in light of Article II of the Constitution that requires the U.S. president to be a natural born citizen.

“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; neither shall any Person be eligible to that Office who shall not have attained to the Age of thirty five Years, and been fourteen Years a Resident within the United States.”

–U.S. Constitution, Section 1, Article II

However, some have argued that McCain or anyone else born on foreign soil to parents serving the U.S. is duly qualified. This argument, if valid, would appear to include Panamanians born in the Panama Canal Zone to Panamanians working for the U.S.

As a result, some have argued that it does not make any sense that the offspring of U.S. citizens serving their country abroad should not be considered natural born.

However, Werden notes that acceptance of such argument would lead to the acceptance of the offspring of Iraqis and American soldiers born in a military hospital in the Green Zone of Iraq as natural born Americans.

Of course, many arguing in favor of expanding the natural born argument to include McCain, would argue that the Werden example should not be classified as natural born American, even though the example is no different from McCain’s birth in Panama.

The question to be answered is what the founders meant in 1787 by natural born. Does it mean only individuals born on American soil can be truly natural born?

The Panama Canal Zone, considered a U.S. territory at the time of McCain’s birth, was not part of the United States. Rather, Panama was, and is, a sovereign nation.

And, there is no convincing argument that someone born outside the U.S. is a natural born U.S. citizen.

As of 2008, the presidential oath of office has not been bestowed on any individual born outside the 50 states.

Although, McCain’s eligibility was questioned during the Republican primary, the Democratic candidate has not raised the issue. So, why is the McCain camp attempting to portray Obama as a foreigner?

Obama, unlike McCain was born on U.S. soil. Thus, Obama’s constitutional eligibility is not open to interpretation.

According to Werden, he would not vote for a person who may not meet the requirements set forth by the founding fathers for presidential eligibility.

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