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116 points mooreds | 3 comments | | HN request time: 0.73s | source
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bombcar ◴[] No.45655813[source]
For reference, the US has procedures for this: https://www.usa.gov/citizenship-no-birth-certificate because people without birth certificates are still somewhat common, even children.

Vermont didn't require it until 1955!

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nostrademons ◴[] No.45656231[source]
My dad was born in the Philippines in 1939. He came over to the U.S. on a Taiwanese passport in 1959, part of a group of students that MIT imported from the Philippines based on letters of recommendation from their Atomic Energy Commission, and then bounced around on various visas for a decade. Finally got citizenship upon marrying my mom in 1971.

When McCain was running for president, there was a big court case about whether being born in the Canal Zone (a U.S. territory) qualified as being a "natural born citizen". And I made the connection - "Wait. The Philippines was a U.S. territory in 1939. Shouldn't dad have had birthright citizenship?"

Moot point by then, he'd already been a citizen for ~40 years, and died the next year. But it was wild to think that the 10+ years of immigration hassles were basically due to an administrative fuck-up, and that legally, he should have had citizenship all along. The process you link wouldn't work for him, either, because the Philippines is not a U.S. territory now.

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NoMoreNicksLeft ◴[] No.45656308[source]
>And I made the connection - "Wait. The Philippines was a U.S. territory in 1939. Shouldn't dad have had birthright citizenship?"

Unless your dad was part of the elite ruling class which gets to skip and ignore all the rules, the answer is an emphatic no. However, if he was the son of an admiral from a long line of important people who had been in the Senate for years and finally wanted to run for president, well, then Congress might just decide that he's good enough and give their stamp of approval to all of it.

Was your dad the son of an admiral who had been in the Senate for years and finally wanted to run for president?

Besides, the thing with McCain wasn't about whether he was a citizen or not... this was 100% the case. The trouble was that McCain didn't become a citizen until 3 years old. And "natural born citizen" can't happen for a kid who's already 3, nor can Congress pass laws that are ex post facto, meaning they couldn't retroactively declare him natural born. He was absolutely disqualified from running, and if he had had an ounce of decency he would have accepted that and quit pressing his claims.

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wbl ◴[] No.45656367[source]
McCain was the child of two citizen parents and thus a citizen at birth.
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1. FuriouslyAdrift ◴[] No.45659284[source]
Citizenship by blood is not established in the Constitution but by the various modifications of the Immigration and Nationalization Act. In 1936, when McCain was born, the 1934 modified version of the Cable Act allowed transmission of citizenship via his mother as well as his father...

It wasn't until the Immigration and Nationality Act of 1952 that todays standards of overseas citizenship conference took shape. Citizenship in the US is a bit of a mess.

https://www.yalelawjournal.org/pdf/123.7.Collins_r35np7ug.pd...

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2. BXLE_1-1-BitIs1 ◴[] No.45664477[source]
The Immigration and Nationality Act is a moving target. Periodically it is amended, or the Supreme Court strikes down certain provisions.

Having been born to a Canadian father in the US and moved to Canada when I was nine, my US citizenship lapsed when I turned 25 in Canada (I was quite happy to stay in Canada during the Vietnam war during my twenties). At the time I was unaware of the INA provisions repealed in 1978 that lapsed my US citizenship.

New FATCA and IRS obligations motivated me to research my US citizenship status and I was happy to discover that it had lapsed.

US Customs officers sometimes ask questions when I show up with a Canadian passport with a US birthplace. Now I pull out my copy of State Department FAM 1200 APPENDIX C to explain my status, but the legalese is a challenge for people with just high school. .

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3. NoMoreNicksLeft ◴[] No.45676318[source]
Strangely, I think you might qualify to run for the presidency. Nothing in the Constitution demands that you be a current citizen, only a natural-born one... which, assuming the date was late enough, you certainly were. McCain though, I don't think he made the cut.