McCain was born in Panama in the then American-controlled Panama Canal Zone to Admiral John S. McCain, Jr. and Roberta (Wright) McCain. Although McCain was not born within a state of the United States, his US citizenship (and future eligibility to be elected to the presidency) was assured at birth both by jus sanguinis, since both of his parents were U.S. citizens, and jus soli, as the Canal Zone was at that time a United States possession.
Panama was leased...not our territory. And see the State department's statements above.
Jus sanguinis which was the majority opinion of the Dredd Scott case was overturned by the 14th amendment. It is worth noting that using genealogy as the basis for citizenship was how they were denying citizenship to blacks...ie...your parents weren't citizens so you are not either.
That ruling was OVERTURNED by the 14th amendment. The minority opinion held in that case said it is not "Jus Sanguinis" but "Jus soli" (not genealogy but location) that determines it. History has held them correct and the 14th amendment was specifically written to overturn the "Jus Sanguinis" decision. From Justice Curtis' minority opinion:
Quote:
"The first section of the second article of the Constitution uses the language, 'a natural-born citizen.' It thus assumes that citizenship may be acquired by birth. Undoubtedly, this language of the Constitution was used in reference to that principle of public law, well understood in this country at the time of the adoption of the Constitution, which referred citizenship to the place of birth."
Original posts here.
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