Question about McCain even being eligible to run? Help out please. (Congress, thought)

[beenhereandthere]

While I heard about this on Stephanie Miller's show (yes I'm considering the source a little even though I love her), someone pointed out the following about the Panama Canal Zone,
Here's what it says in addressing citizenship for those born in the zone from Wikipedia, notice 1953.....

Almost from the inception of the Canal Zone, questions arose as to whether the Zone was considered part of the United States for constitutional purposes, or, in the phrase of the day, whether the Constitution followed the flag. On July 28, 1904, Controller of the Treasury Robert Tracewell stated, "While the general spirit and purpose of the Constitution is applicable to the zone, that domain is not a part of the United States within the full meaning of the Constitution and laws of the country.[4]

In 1953, Congress passed legislation to specify the status of Americans born in the Canal Zone--and to exclude non-Americans born there from citizenship. Title 8, Section 1403 of the United States Code grants citizenship to those born in the Canal Zone with at least one parent who is a United States citizen. This differs from the provision in the Fourteenth Amendment which grants citizenship to all born in the United States, regardless of parental nationality

So my question is, this law was made in 1953, however, someone said on her show that it is not retroactive. So, if that is the case, is McCain even eligible?
Don't hate on me. Realistically, this proably would have been really harped on by Roves thugs (that McCain loves now) in 2000 when he was running against W. However, my question is if anyone knows if that is retroactive from 1953 (the source on Miller's show said 1938, but whatever) or not and if you have a source that can verify that.
Thanks.

[NCN]

That is one for the constitutional lawyers. Doubt if anyone else knows enough to deal with it. I heard that congress had already determined that McCain was eligible, but that is hearsay too. Would be nice to know for sure. Wouldn't it be a shame to penalize a child of a soldier because the parent was serving. I had always thought that military bases are considered United States property, but I don't know if that would mean anything. Very good question.

[Bob The Builder]

Gee. If this is a Con Law question, maybe Obama might know the answer.

[NWS]

There is actually more to this story.
The constitution states:

“ 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. ”
Natural-born citizen - Wikipedia, the free encyclopedia

Now the question is even if McCain is a citizen can someone born in Panama be considered "a natural born Citizen"?
No court has ever defined what "Natural Born" means to my knowledge.
Does it mean you were born within the 50 US states? Territories? US bases around the world? It may come up if McCain wins.
Suppose it goes to the supreme court and McCain is ruled to not be a "Natural Born Citizen".
Palin would become the president. Russia better watch out!!

[janeannwho]

When the US folks in the military have kids in foreign countires, their kids are automatically US citizens. IF they are born of a foreign national and a US citizen then there can be issues.

[NWS]

Originally Posted by janeannwho

When the US folks in the military have kids in foreign countires, their kids are automatically US citizens. IF they are born of a foreign national and a US citizen then there can be issues.

Are they a just a citizen or "a natural born Citizen"?

[domino]

Both of his parents were US citizens, so he is automatically a US citizen no matter where he was born. Unfortunately, that makes him eligible to run for president.

[JerZ]

Eh, who knows. Possibly.

But frankly, I'd rather these two (McClone/Palin) run. It gives us Dems SUCH a better chance of winning. Particularly the more each of them talks. Let 'em stay...........

[suzco]

There is some ambiguity, according to constitutional scholars. However, someone (with standing) would have to sue, and eventually reach the Supreme Court to get a definitive answer.

To set your minds at ease of that likelihood, understand that Clinton and Obama co-sponsored a bill that resulted in a Senate resolution declaring:

(From Washington Post)

The Senate has unanimously declared John McCain a natural-born citizen, eligible to be president of the United States.

That is the good news for the presumptive Republican nominee, who was born nearly 72 years ago in a military hospital in the Panama Canal Zone, then under U.S. jurisdiction. The bad news is that the nonbinding Senate resolution passed Wednesday night is simply an opinion that has little bearing on an arcane constitutional debate that has preoccupied legal scholars for many weeks. . .

[NWS]

Originally Posted by suzco

There is some ambiguity, according to constitutional scholars. However, someone (with standing) would have to sue, and eventually reach the Supreme Court to get a definitive answer.

To set your minds at ease of that likelihood, understand that Clinton and Obama co-sponsored a bill that resulted in a Senate resolution declaring:

(From Washington Post)

As you posted that decree isn't binding.
If McCain wins, I predict Sarah Palin will immediately petition the supreme court to declare John McCain an "unnatural born citizen". John will be thrown out of office. Sarah will be our new President and immediately declare the USA an empire.
Empress will crush Russia since she knows them so well. Nothing can stand in her way.