Dennis Peterson
02-09-2008, 02:41 PM
This is not as simple as it might seem at first, and some inaccurate rumors have flown around the Net, so hear me out.
A person can be a citizen of the United States without being eligible to be President. Schwarznegger, for example, since he was born a non-citizen.
The Constitution says:
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 -- The Constitution of the United States, Article II Section 1
The key phrase here is "natural born citizen." There is some dispute about what that means. Some people say it applies to anyone who is a citizen at birth by virtue of his parents. Others say you have to actually be born on U.S. soil. The courts have not ruled on the issue. It's an unsettled legal question, according to Wikipedia.
http://en.wikipedia.org/wiki/Natural-born_citizen
McCain was born on a U.S. military base on foreign soil. According to the State Department, a military base is not U.S. soil for purposes of citizenship:
"Despite widespread popular belief, U.S. military installations abroad and U.S. diplomatic or consular facilities are not part of the United States within the meaning of the 14th Amendment. A child born on the premises of such a facility is not subject to the jurisdiction of the United States and does not acquire U.S. citizenship by reason of birth."
http://www.state.gov/documents/organization/86755.pdf (page 6)
Therefore, and the wiki says this too, the question of whether McCain is eligible to be President is an open legal question.
Now, I suspect that were the courts to rule on this question, they would rule in McCain's favor. It's not a sure thing though. However the court rules, opposing campaigns have an opportunity here.
If someone were to initiate a lawsuit against McCain, on the grounds that he is not eligible to be president, and that lawsuit were to get sufficient publicity, then voters and delegates would have a decision to make:
Does the Republican Party want to nominate a candidate who, possibly, would be disqualified by the courts on the eve of the General Election?
A classic FUD strategy, basically. If the court were to rule against McCain, that would be a bonus. But fear of the Democrats taking the whole thing by default, that's the main point here.
Who should do the lawsuit is another question. Another campaign would be ideal. A private group would work too, if the courts accept it has standing to sue, and it can get sufficient publicity. Even if the courts throw them out for lacking standing, the publicity would blaze the way for a campaign to do it. Ron Paul doing it would be the least favorable, since whoever does it is likely to suffer some blowback.
But before the National Convention, somebody should do it.
A person can be a citizen of the United States without being eligible to be President. Schwarznegger, for example, since he was born a non-citizen.
The Constitution says:
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 -- The Constitution of the United States, Article II Section 1
The key phrase here is "natural born citizen." There is some dispute about what that means. Some people say it applies to anyone who is a citizen at birth by virtue of his parents. Others say you have to actually be born on U.S. soil. The courts have not ruled on the issue. It's an unsettled legal question, according to Wikipedia.
http://en.wikipedia.org/wiki/Natural-born_citizen
McCain was born on a U.S. military base on foreign soil. According to the State Department, a military base is not U.S. soil for purposes of citizenship:
"Despite widespread popular belief, U.S. military installations abroad and U.S. diplomatic or consular facilities are not part of the United States within the meaning of the 14th Amendment. A child born on the premises of such a facility is not subject to the jurisdiction of the United States and does not acquire U.S. citizenship by reason of birth."
http://www.state.gov/documents/organization/86755.pdf (page 6)
Therefore, and the wiki says this too, the question of whether McCain is eligible to be President is an open legal question.
Now, I suspect that were the courts to rule on this question, they would rule in McCain's favor. It's not a sure thing though. However the court rules, opposing campaigns have an opportunity here.
If someone were to initiate a lawsuit against McCain, on the grounds that he is not eligible to be president, and that lawsuit were to get sufficient publicity, then voters and delegates would have a decision to make:
Does the Republican Party want to nominate a candidate who, possibly, would be disqualified by the courts on the eve of the General Election?
A classic FUD strategy, basically. If the court were to rule against McCain, that would be a bonus. But fear of the Democrats taking the whole thing by default, that's the main point here.
Who should do the lawsuit is another question. Another campaign would be ideal. A private group would work too, if the courts accept it has standing to sue, and it can get sufficient publicity. Even if the courts throw them out for lacking standing, the publicity would blaze the way for a campaign to do it. Ron Paul doing it would be the least favorable, since whoever does it is likely to suffer some blowback.
But before the National Convention, somebody should do it.