McCain Is Now A Natural Born Citizen
April 27th, 2008 by 
Kevin
….at according to Congress. Some Democratic Senators, including Hillary Clinton and Barack Obama, have introduced a resolution in the Senate declaring it resolved that John Sidney McCain III is a natural born citizen (S. Res. 511). This is important since the Constitution says, in Article II, section 1, clause 4:
No person except a natural born Citizen, or a Citizen of the United States, at the time of the adoption of this Constitution, shall be eligible to the office of President; neither shall any person be eligible to that office who shall not have attained to the age of thirty-five years, and been fourteen years a resident within the United States.
However, the Constitution never defines “natural born citizen”. However, since McCain was born on a military base in a US territory and he has never held a citizenship other than American, it has generally been accepted that he qualifies.
So I guess that’s why this is a little perplexing and I have to admit to being a little confused. There has been no real controversy on whether McCain qualifies. Neither of his possible opponents have so much as mentioned it even in an offhand manner, as far as I am aware. The media gave it some coverage several months ago, however, it was more as a curiosity type story presented in a “heh it’s a slow news cycle let’s blab about this” manner.
So since there seems to be evidence supporting his eligibility and nobody has sought to question it, why the resolution?? Especially considering that it is very doubtful that a Congressional Resolution would carry zero weight, since this would be more a constitutional issue than a legal one. If this issue had to be addressed, the Supreme Court would almost certainly have to address it rather than Congress.
I’m not sure if this is a feeble attempt to bring attention to an issue just to cast some doubt on McCain, or if these is just a misguided measure to…..well, I’m not sure which. Either way, the fact that both Democratic candidates are co-sponsors raises the eyebrows a little more.
Sure it will be framed as a bi-partisan (even though only Democrats have signed onto it) attempt put aside the issue entirely and take the high road on it. However, since it hasn’t even been an issue and probably wouldn’t unless the Democrats made an issue of it, I see that as being a rather thin cover story.
What that boils out to be I’m not sure….
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9 Comments »
April 28th, 2008 at 8:56 am
It seems obvious to me. If McCain wins in November, there will be an immediate lawsuit to overturn the results of the election and make Barack the President through the courts. It’s not as if the Democrats haven’t tried it before.
April 28th, 2008 at 10:43 am
Ok fair enough, I could see that. But then why try to pass a resolution saying he IS a natural-born citizen.
And having the two Democratic candidates as co-sponsors would certainly appear to reduce the credibility of either candidate to make that claim later on.
April 28th, 2008 at 12:46 pm
ON the contrary. Since the resolution has no force in law, all it does is establish grounds for the later legal challenge. As a side benefit, it might prevent some people from voting for McCain in the first place.
April 28th, 2008 at 2:51 pm
I guess I’m not seeing how this establishes grounds for a later legal challenge.
April 29th, 2008 at 9:53 am
Because it can be honestly stated in court that “the Congress of the United States has recognized that John McCain is not a natural born citizen under the Constitution. Their resolution granting him such status is not within their authority, does not carry the force of law, and is non-binding on the courts.”
April 29th, 2008 at 10:02 am
Well then by that same logic Congress’s recognization would not provide legal groundwork to make that assertion.
If Congress’s opinion on the matter has no legal grounds, it has no legal grounds.
April 30th, 2008 at 5:02 pm
That it has no legal grounds is the crux of the matter. It constitutes a recognition of McCain’s crime without creating the remedy of actually declaring him a citizen. (I think they can do that.) Therefore, the recognition would be an arguing point before the court, but without the defense. Maybe your mind needs to be more devious, like a Democrat.
April 30th, 2008 at 5:15 pm
I think I see what you’re getting at. I’m just struggling to believe that that ploy would work in a court of law.
Because almost certainly this case would have to be made before the US Supreme Court, not a kangaroo local court.
You might be right, I might just have to be more devious.
May 1st, 2008 at 8:46 am
Perhaps it helps to remember that Democrat deviousness knows no bounds of propriety, potency, or practicality. In other words, they’ll do or say anything they think helps them gain or hold onto political power.