No, 8 USC 1403 says:
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.NATURALIZED CITIZEN - One who, being born an alien, has lawfully become a citizen of the United States Under the constitution and laws.
McCain was born being a US citizen, as opposed to being "naturalized" (applying for citizenship and jumping through the hoops)
McCain was born being a US citizen, as opposed to being "naturalized" (applying for citizenship and jumping through the hoops)
From the link I cited earlier:
Because 8 USC 1403(a) uses the term “is declared to be a citizen” (emphasis added), that leans heavily towards a lex soli position (naturalization). And persons born to citizens between November 1903 (when Panama became independent from Colombia with U.S. intervention) and February 1904 are not declared citizens under this section, which indicates that the declaration of citizenship is simply naturalization and not by birth since it is dependent on the law and a calendar date.
Furthermore, naturalization is defined in 8 USC 1101(a)(23):
(a) As used in this chapter—
(23) The term “naturalization” means the conferring of nationality of a state upon a person after birth, by any means whatsoever.
In other words, naturalization means a person is made, conferred, or “declared” a citizen after birth, leaving “natural born” to only mean becoming a citizen at birth. This is consistent with 8 USC 1403(a), which was enacted when John McCain was 16 years old. So at 16 years old John McCain was naturalized as a citizen by legislation, that legislation being the INA.
That was the question I ask, can an act of congress modify the constitution??
McCain is a natural-born citizen under 8 USC 1401. 8 USC 1403 clarifies the matter for those born in the Canal Zone whose citizenship is a bit murkier. Notice, however, that it says that even those citizens are “declared” citizens, not that they “naturalized,” “hereby declared,” or “shall be” citizens, or that they are citizens as of any particular date. Contrast this with 8 USC 1402:
“All persons born in Puerto Rico on or after April 11, 1899, and prior to January 13, 1941, subject to the jurisdiction of the United States, residing on January 13, 1941, in Puerto Rico or other territory over which the United States exercises rights of sovereignty and not citizens of the United States under any other Act, are declared to be citizens of the United States as of January 13, 1941.”
Notice how there is a date given at which they are granted citizenship: January 13, 1941. The absence of a date at which Zonians are granted citizenship suggests that they were not thereby declared citizens, but are merely declared citizens by recognition of other means.
HOWEVER: This is all irrelevant, since there does exist a third alternative between naturalization and being natural-born. The people of Puerto Rico, born between 3-2-1917, when Puerto Ricans were made citizens by collective naturalization, and 1-13-1941 are neither naturalized nor natural-born (”jure solis”), but are U.S. citizens under “jure sanguinis” (law of blood).
What is relevant is section 1401.