POLITICS

Arizona Law Professor: McCain Not Eligible To Be President

07/19/2008 05:12 am 05:12:01 | Updated May 25, 2011

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."

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