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McCain Not A US Citizen,
Can't Be President? 

2-28-8
 
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
 
McCain was born at Coco Solo Air Base in the Panama Canal Zone, August 29, 1936.  The Panama Canal Zone was a U.S. TERRITORY from 1903 to 1979, so, any person born there was automatically considered a U.S. citizen, except if born to foreign diplomatic personnel.
 
Excerpted from http://www.state.gov/documents/organization/86755.pdf
 
7 FAM 1116 KEY PHRASES USED IN THE 14th AMENDMENT AND IN LAWS DERIVED FROM IT
 
7 FAM 1116.1 "In The United States" 
 
7 FAM 1116.1-1 States and Incorporated Territories  
 
(TL:CON-64; 11-30-95) 
 
a. The phrase "in the United States" as used in the 14th Amendment clearly includes  States that have been admitted to the Union. Sections 304 and 305 of the INA provide a  basis for citizenship of persons born in Alaska and Hawaii while they were territories of the  United States. These sections reflect, to a large extent, prior statutes and judicial decisions  which addressed the l4th Amendment citizenship implications of birth in these and other  U.S. territories. Guidance on evidence on such births should be sought from CA/OCS.  
 
b. Sec. 101(a)(38) INA provides that, for the purposes of the INA,   The term "United States",... when used in the geographical sense,  means the continental United States, Alaska, Hawaii, Puerto Rico,  Guam, and the Virgin Islands of the United States.In addition, under Pub.  L. 94-241, the "approving Covenant to Establish a Commonwealth of the  Northern Mariana Islands in Political Union with the United States of  America", (Sec. 506(c)), which took effect on November 3, 1986, the  Northern Mariana Islands are treated as part of the United States for the  purposes of sections 301 and 308 of the INA.  
 
c. All of the aforenamed areas, except Guam and the Northern Mariana Islands, came  within the definition of "United States" given in the Nationality Act of 1940, which was  effective from January 13, 1941 through December 23, 1952. 
 
d. Prior to January 13, 1941, there was no statutory definition of "the United States" for  citizenship purposes. Thus there were varying interpretations. Guidance should be sought  from the Department (CA/OCS) when such issues arise.  
 
 
Here are the exemptions...
 
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.
 
However, there is THIS...
 
Currently, Title 8 of the U.S. Code fills in those gaps. Section 1401 defines the following as people who are "citizens of the United States at birth:"
 
* Anyone born inside the United States * Any Indian or Eskimo born in the United States, provided being a citizen of the U.S. does not impair the person's status as a citizen of the tribe * Any one born outside the United States, both of whose parents are citizens of the U.S., as long as one parent has lived in the U.S. * Any one born outside the United States, if one parent is a citizen and lived in the U.S. for at least one year and the other parent is a U.S. national * Any one born in a U.S. possession, if one parent is a citizen and lived in the U.S. for at least one year * Any one found in the U.S. under the age of five, whose parentage cannot be determined, as long as proof of non-citizenship is not provided by age 21 * Any one born outside the United States, if one parent is an alien and as long as the other parent is a citizen of the U.S. who lived in the U.S. for at least five years (with military and diplomatic service included in this time) * A final, historical condition: a person born before 5/24/1934 of an alien father and a U.S. citizen mother who has lived in the U.S.
 
http://sweetness-light.com/archive/nyt-pretends-mccain-cant-be-president
 
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