Why Bush has made the argument that McCain can’t be President

Okay, this is a long and bumpy road, but bear with me.

First off, it is not a widely known fact that John McCain was born in the Panama Canal Zone back in 1936.  Now the Panama Canal Zone was an area that was in Panama that was controlled by the United States from 1903 to 1979.  The United States Constitution says that only natural born United States citizens are allowed to run for the office of the President and Vice President.  This is McCain’s first hurdle.  You see, the US Code specifically said this about people born in the Panama Canal Zone:

TITLE 8 > CHAPTER 12 > SUBCHAPTER III > Part I > § 1403 Persons born in the Canal Zone or Republic of Panama on     or after February 26, 1904:

(a) Any person born in the Canal Zone on or after February 26, 1904, and whether before or after the effective date of this chapter, whose father or mother or both at the time of the birth of such person was or is a citizen of the United States, is declared to be a citizen of the United States.

(b) Any person born in the Republic of Panama on or after February 26, 1904, and whether before or after the effective date of this chapter, whose father or mother or both at the time of the birth of such person was or is a citizen of the United States employed by the Government of the United States or by the Panama Railroad Company, or its successor in title, is declared to be a citizen of the United States.

So right away, there is a red flag.  It doesn’t say “natural born” citizen of the United States, but rather “citizen” of the United States.  That is McCain’s first challenge.  It is a loophole that someone could push through, given the chance, to deem McCain ineligible, or at least tie the issue up in court battles for quite a while.

But here is my argument (and I just found it posted last week on another website – first post I’ve done in a month because of work, and someone beat me to it!).  Bush, as well as his pro-war supporters have always argued that Guantanamo Bay is NOT part of the United States, so that the prisoners there do not deserve habeas corpus.  That was his argument; Guantanamo Bay is a part of Cuba that was established by an accord between the United States and Cuba in 1903, and because it is not within the boarders of the United States proper, prisoners do not deserve the same rights that one would have within the United States boarders (proper).   Now the Supreme Court rule in 2004 that the prisoners should have the right to due process, but they are not getting trials like you or I would.  Instead, Bush tried to force military tribunals, which was struck down in 2006.  Now there are military commissions that are to be held, which many people say is going to be a sham, since the government has already declared (via the former head of the trials) that there would be no acquittals.  So it’s really all just a military sham.  And it truly is a sham because Bush is doing what he can to keep Guantanamo Bay isolated because he still believes prisoners should be kept from Constitutional protections since Guantanamo is on Cuba, outside of the US boarders.

Okay – that’s a mouthful.  But what Bush has basically maintained is that, as an area that is outside of the United States, Guantanamo Bay falls outside of the Constitution of the United States.  Well gee, that means that the former Panama Canal Zone would have to fall under the same exact type of logic.  And since it does, coupled with the US Code that says “citizen” but not “natural citizen” about those born in the Panama Canal Zone, John McCain is therefore ineligible to hold the office of President of the United States.

Now let me get one thing straight here.  I think John McCain served his country admirably.  However, given that he is a war monger, and he embraces Bush and Bush’s policies, I think he has theoretically argued himself out of being eligible for running for office.  You cannot have the law one way because it’s how you want it, and another because it’s convenient.

What do you think?

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