(08-03-2009 11:43 AM)CTRice10 Wrote: I could be wrong, but I think that McCain is considered "natural-born" not because he was born on a military base, but because that military base was part of the Panama Canal Zone - which, I believe, was actual "sovereign" U.S. Territority at the time...
(edit: gsloth beat me to it)
(also, 75src, you're spot on regarding the provision being focused on preventing naturalized citizens from being President, as far as I understand)
McCain is a "natural-born" citizen by lex sanguinis (or jus sanguinis, "law of blood") because his parents were both US citizens (one would have been enough). Had that not been the case, then the location of his birth would have mattered (lex solis or jus solis, "law of the soil"), and in that case you are correct, the status of the Canal Zone would have been determinative.
This all came up in the 1960s when George Romney (Mitt's father) was a possible republican nominee for the presidency. George was born outside the US (Mexico IIRC) while his parents were on a Mormon mission. The top constitutional scholars of the day took a look and said, "No problem, he's a natural-born citizen because his parents are. Either lex solis citizenship or lex sanguinis citizenship satisfies the constitution." I really thought that put the issue to bed, but obviously not. I'm amazed at the lack of understanding today.
In Obama's case, there is the question that he might have to satisfy lex solis, because his mother did not meet the standards of the then-existing statute governing lex sanguinis (parent had to have spent 5 years in the US after age 14, and she was only 18 years of age). This is obviously a non-issue if he satisfies lex solis (born in Hawaii). If it came to light that he didn't, I'm about 99% sure that the Supreme Court would simply overturn the statute as imposing a overly burdensome requirement, and rule him a natural-born citizen by lex sanguinis. I think that's the right answer, but more importantly it's the politically expedient answer, and the latter typically matters more to the court than the former. At the end of the day, I think the birth certificate issue is a silly one to pursue, because even if they won they'd still lose.
Where I do think the concerns are legitimate is the huge body of undisclosed subsequent information--transcripts, writings, medical records, passport history, etc. As I understand it, much information that has historically been openly disclosed by prior presidents has been sealed regarding Obama. I think that is a legitimate concern. I think that focusing on the birth certificate rather than these other areas just makes them look silly or stupid, and deflects attention from the real concerns. Of course, maybe that's exactly what Obama wants, and he's all too willing to drag this out as long as he can. There I go, being cynical again.
I'm much less concerned about whether Obama is a natural-born citizen than I am about whether Obamanomics and Obamacare will destroy the US beyond livability.