Arizona Law Professor: McCain Not Eligible To Be President

In the most detailed examination yet of Senator John McCain's eligibility to be president, a law professor at the University of Arizona has concluded that neither Mr. McCain's birth in 1936 in the Panama Canal Zone nor the fact that his parents were American citizens is enough to satisfy the constitutional requirement that the president must be a "natural-born citizen."

The analysis, by Prof. Gabriel J. Chin, focused on a 1937 law that has been largely overlooked in the debate over Mr. McCain's eligibility to be president. The law conferred citizenship on children of American parents born in the Canal Zone after 1904, and it made John McCain a citizen just before his first birthday. But the law came too late, Professor Chin argued, to make Mr. McCain a natural-born citizen.

"It's preposterous that a technicality like this can make a difference in an advanced democracy," Professor Chin said. "But this is the constitutional text that we have."

Read the whole story here.

Comments

[LillianB]

If he is born an American citizen, he is eligible. If he isn't, he isn't. I have read the article, and I still can't understand why there should be a problem establishing this.

[RealityBaseCamp]

All we can look forward to is a big legal fight ending in a convenient 5-4 Supreme Court ruling that he's a natural born citizen. They'll find some rationalization, just as in 2000 when they said fairness to the voters consisted of stopping a recount rather than requiring a complete one.

I only watch legal scholars on TV, but I'm guessing there's some precedent in this question, and they'll stand a whole lot of it on its head to make that decision. I mean, if it were me, I'd think along the lines of citizens stationed overseas who can't come back here to have a baby, but return at the end of their postings, should be treated as having a natural born citizen child. I'd love to see McC bounced on a technicality, I just wouldn't stake a lot on this one. But that's just my general opinion. In legal history there may be lots of cases in which the courts said "not natural-born," but he's a Repub, so they'll ignore them. Which might overturn a bunch of other cases. We'll just have to see if anybody really pursues this.

[ShamusNYC]

If it came down to it (and I hope it doesn't), the Supreme Court would definately find in his favor - regardless of whether that's the proper decision. It's a partisan court, clearly.

[CFAmick]

I would think this alone is a ridiculous reason to disqualify someone. If something similar happened to Obama, though, neocon cheerleaders would be screaming bloody murder.

[cluesearch]

I agree, I'm a Dem and Obama supporter but how could anyone possibly make the argument that the son of a Navy Admiral serving his country abroad is not a natural born citizen? Its BS and I would hope no Dem would touch this issue because it would be hugely disingenuous not to mention unpatriotic. PS I come from a military family and it would be such a slap in the face that any military folks that are voting for Obama would vote against in protest. Also, Obama can beat McCain on his merits save the winning on a technicality to GWB.

[riverhouse]

Personally, I think it's the 'sound mind' part that disqualifies him.

[DrCahill]

LOL - Yes Indeed!

[Dap]

Not to worry... McSame is not going to get elected. Stick a fork in Him He's burnt toat.

[RealityBaseCamp]

Dap meant to say (see, 'cause I corrected a minor typo for posterity):

"Not to worry... McSame is not going to get elected. Stick a fork in Him He's burnt toast."

But he'll crumble if we do that! Maybe just have qualified professionals scrape off the carbonized part and butter him . . .

"Thy metaphors are mixed and thick as gruel." -(The Firesign Theater)

(Oh, & don't capitalize the words Him & He . . . This guy's neither god nor royalty)

[SEQUOIABISON]

He is not qualified to be our president on physiological and psychological grounds, too out of shape and mentally challenged, but this new revelation if definitely food for thought and should be used as a campaign slogan. No foreigners in the white house.

[researcher]

let him run americans love war mongers that want to earn respect for bombing women and children

he is american as apple pie

fought in an illegal war bombed women and children

called a national war hero

americans deserve this guy as pres

and of course dr phil the not so whiner

dr phil took the american middle class to the cleaners

truly an american hero and capitalism at its best

[imajoebob]

This is not currently a Constitutional or legal question. And the voter in New Hampshire has no standing to sue. The Constitution only defines who is eligible to SERVE as president, not who can run.

Iif Profeesor Chin is correct, it won't matter if McCain gets more electoral votes than Obama, he can't serve. After it's announced McCain received the most votes (theoretically), then the individual voter has standing to file for an injunction and/or disqualify McCain. If he wins, the vote stands (it 's actually done well in advance of the opening of the ballots; there is no provision for a revote). Since no eligible candidate received 271 votes, it moves to the House of Representatives, where an expected Democratic majority will in all likelihood elect Obama.

As to the merits, the Court often debates the intent of the originators of The Constitution, but it is not allowed to interpret what Congress means in any particular law, only what the law says, and whether it meets constitutional muster. This 1937 law obviously states specific conditions conferring retroactive citizenship, but not anything about retroactive natural born citizenship. Iit left a giant hole that McCain slips through. He is a citizen. By law he has been declared born a citizen, but he is not a natural born citizen.

So if Professor Chin is right, win or lose, Obama wins!

[side note - it's incredible how many fools fall for the scurrilous and blatantly false right wing memes about Obama]

[seanosul]

That would be the perfect revenge for Florida and would drive the RNC front (aka PUMA) absolutely mad. I would so love to see that happen - somehow I do not think it would.

[PioneerKing]

Amazing how the republicans who claim to be strict constitutional constructionist are such hypocrites when it comes to their nominee's eligibility to be president.
The strict constitutional constructionist would rather their bigotry out weigh what is proscribed in the constitution rather than elect a Blackman who is native born.
Once again the republicans prove what a bunch of hypocrites they are.

[MufsMom]

This professor is wrong, completely wrong and I don't even like McSame. He is a natural born citizen and to suggest otherwise is to crap all over those who serve in our military outside our borders. Enough with this garbage.

[Village]

The framers of our constitution made a distinction between citizens, and naturalized citizens. At the time of McCain's birth he was a US citizen (born to American parents), but he was not a naturalized citizen, born on US soil. You can't unring the bell. The year after he was born, the Democratic Congress and Democratic President passed a law declaring children born in USA territories are naturalized US citizens. The year after he was born. AFTER.

McCain is not legally allowed to be president. A real statesman would step aside. But he's a Republican. He doesn't have to follow the law.

Give our best to Karl.

[Liberoservative]

This is one of two things.... well, three..
first.. the law passed after he was born but was retroactive to 1904 so what is the problem here?

second.. this is a way of the Rethugs saving face by using this excuse to take him off the ballot... of course, this will ... or should.. fly in the face of any military kid who was born to American parents on foreign soil... and there are a lot of us..

third... oh gosh.. I have no third... LOL... it's a win win either way because the Rethugs have NOBODY else to put up...

Obama 08!

[nativeeyes]

He's a illegal citizen!!

Deport his warmonger arse!!!

[helonias]

And if it was BO who was in that situation

What would be happening?

[sandiegoconservative]

I did not see you discussing this when the issue of the allegedly doctored Daily Kos birth certificate of Obama's made the rounds . . .

The insular cases were decided on some very specific points, and all Chin is doing is trying to cram the canal zone into one of those points to validate his position. His whole argument is based on an assumption, nothing more. At least the articel makes reference to this.

[SwingVoter]

Natural born means natural born.