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WASHINGTON — The question has nagged at the parents of Americans born outside the continental United States for generations: Dare their children aspire to grow up and become president? In the case of Senator John McCain of Arizona, the issue is becoming more than a matter of parental daydreaming.
Mr. McCain’s likely nomination as the Republican candidate for president and the happenstance of his birth in the Panama Canal Zone in 1936 are reviving a musty debate that has surfaced periodically since the founders first set quill to parchment and declared that only a “natural-born citizen” can hold the nation’s highest office.
Almost since those words were written in 1787 with scant explanation, their precise meaning has been the stuff of confusion, law school review articles, whisper campaigns and civics class debates over whether only those delivered on American soil can be truly natural born. To date, no American to take the presidential oath has had an official birthplace outside the 50 states.
“There are powerful arguments that Senator McCain or anyone else in this position is constitutionally qualified, but there is certainly no precedent,” said Sarah H. Duggin, an associate professor of law at Catholic University who has studied the issue extensively. “It is not a slam-dunk situation.”
Mr. McCain was born on a military installation in the Canal Zone, where his mother and father, a Navy officer, were stationed. His campaign advisers say they are comfortable that Mr. McCain meets the requirement and note that the question was researched for his first presidential bid in 1999 and reviewed again this time around.
But given mounting interest, the campaign recently asked Theodore B. Olson, a former solicitor general now advising Mr. McCain, to prepare a detailed legal analysis. “I don’t have much doubt about it,” said Mr. Olson, who added, though, that he still needed to finish his research.
Senator Lindsey Graham, Republican of South Carolina and one of Mr. McCain’s closest allies, said it would be incomprehensible to him if the son of a military member born in a military station could not run for president.
“He was posted there on orders from the United States government,” Mr. Graham said of Mr. McCain’s father. “If that becomes a problem, we need to tell every military family that your kid can’t be president if they take an overseas assignment.”
The phrase “natural born” was in early drafts of the Constitution. Scholars say notes of the Constitutional Convention give away little of the intent of the framers. Its origin may be traced to a letter from John Jay to George Washington, with Jay suggesting that to prevent foreigners from becoming commander in chief, the Constitution needed to “declare expressly” that only a natural-born citizen could be president.
cont.
http://www.nytimes.com/2008/02/28/u...1204347600&en=3fd08016cf89c53d&ei=5087%0A
A guy who I work with was born in Thailand to American parents who were stationed there. He tells me he can't be the President. I thought you had to born in the US to be President. Is this true? Do army bases count as American territory?
It's a stupid rule anyway. If you are a citizen of hte US you should have all the rights that other citizens have - including becoming president...
It's nativism, to be expected from a young nation that wrested its fate away from a controlling parent. I think it's outdated but it suits the modern nativists.
No, it wasn't and isn't, we are and have been a country of immigrants. Surprisingly some come for not such well-meaning reasons.
And yes its all rather silly, but it is amusing that its the Republican anti-immigrant party which is having to deal with this issue.
Anti - ILLEGAL immigrant. Such a trivial distinction I know.
Its a distinction you made, not me. I purposefully did not make the distinction.
Sure. Because you think Republican's don't make the distinction? Republican's aren't generally anti-immigrant. We are anti-illegal immigrant.
im anti-illegal immigrant..
who wants to make me laugh by calling me republican?
You make the distinction when trying to justify your often absurd beliefs.
