Sun 26th October 2008, 12:02am
QUOTE(Cedric @ Sat 25th October 2008, 5:53pm)
Your understanding is also incorrect. Having one American parent does not
automatically make the child American, regardless of place of birth. There are restrictions on that.
OK, so there's residency requirements so that someone who is born to US parents can't pass on US citizenship to their own children without ever having set foot in the US. But it's not applicable to either McCain or Obama, regardless.
The Act of Congress clarifying the citizenship status of persons born in the old CZ was indeed passed after McCain's birth. It makes no difference to McCain's status, however, as both of his parents were US citizens before he was born. Accordingly, he could have been born in the Belgian Congo to the same parents and still would have been a US citizen at birth under already existing US law.
Right, but citizenship applied to people born in the US, and people born "outside the limits and jurisdiction" of the US to US citizen parents. The canal zone was outside its limits but within its jurisdiction.
This was enough of an issue for Congress to decide it needed clarification. But any sane person realizes that the clarification was meant to be retroactive, so there's no problem with McCain.
QUOTE(Milton Roe @ Sat 25th October 2008, 6:15pm)
However, the US constitution specifies "natural born citizen". Is that simply old-fashioned language meaning "citizen at time of birth" whether by blood or by location of birth?
The term is defined nowhere. It's generally assumed to mean citizen at time of birth.