John McCain: Is he "Natural-Born"?

[Kevin]

Originally Posted by MysticCat

I'm aware of that, at least as far as the McCain question goes, although others in this thread have raised more general question about the citizenship of military kids born overseas. So in reality, we're talking about more than the definition of a natural born citizen within the meaning of Article II.

As I said, I stay as far away from immigration law as I can. I'll admit haven't done much searching, but I'm not aware of much that talks about what "natural born citizen" means in the Article II context. It seems to me, however, that the State Dept's interpretation of what this portion of the XIV Amendment -- "All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States . . . ." might be relevant to any discussion on the meaning of "natural born citizen" in Article II, section 5.

It might not be. Remember that the Vth amendment's and the XIVth amendment's due process clauses have been given different interpretations although they say essentially the same thing.

I'm pretty sure the issue would be one of first impression for which the Court would have little guidance. Too bad we have to wait until McCain is elected and the Democratic party sues to find out.

[MysticCat]

Originally Posted by Kevin

It might not be.

Which is pretty much the same thing as me saying it might be. I didn't say that without question it is relevant, just that it might be.

Too bad we have to wait until McCain is elected and the Democratic party sues to find out.

Give it a rest, Kevin. Implicit hypocracy is not becoming, and you know that Republicans would sue just as quickly as Democrats if the shoe were on the other foot. Besides, how would "the Democratic Party" have standing? (You at least get a gold star, though, for not saying "the Democrat party.")

Besides, you're the one who said:

Originally Posted by Kevin

As far as deciding something before election day, the Supreme Court is not in the business of issuing advisory opinions. You have to have an Article III Case or Controversy. The issue is not yet ripe for decision. Only if McCain wins the general election does this ever become an issue.

Actually, I would assume if it's not ripe prior to the election, it's not ripe until after the electoral college has voted. Assuming a suit was brought then, wouldn't the appropriate relief under the XX Amendment be that the vice-president elect becomes president? I don't see how the Democratic candidate could benefit from a decision adverse to McCain?

[skylark]

Originally Posted by MysticCat

Actually, I would assume if it's not ripe prior to the election, it's not ripe until after the electoral college has voted. Assuming a suit was brought then, wouldn't the appropriate relief under the XX Amendment be that the vice-president elect becomes president? I don't see how the Democratic candidate could benefit from a decision adverse to McCain?

I hadn't thought about it, but now that I have I think you're right on this. So who would have standing to sue? Mike "Presumable VP" Huckabee? Because I doubt that he would mess up his party that way.

[Kevin]

Originally Posted by MysticCat

Besides, you're the one who said:
Actually, I would assume if it's not ripe prior to the election, it's not ripe until after the electoral college has voted. Assuming a suit was brought then, wouldn't the appropriate relief under the XX Amendment be that the vice-president elect becomes president? I don't see how the Democratic candidate could benefit from a decision adverse to McCain?

Good point.

[jon1856]

I spoke this afternoon with the person I know who is working with one of the candidates.
They indicated that while there maybe some minor noise and perhaps some smoke brought up prior to the general election, nothing major will be said about matter.

Afterwords? No answers, they simply had none.

If McCain does win, just about anyone could start a Federal case I think.

And even if the Congress does get its act together, matter would still end up in the Supreme Court.

And I would agree that VP would just take over position.

All that said, I just received this e-mail from Slate:
today's blogs: The latest chatter in cyberspace.
Panama John

By Michael Weiss
Posted Thursday, Feb. 28, 2008, at 6:16 PM ET
Bloggers assess John McCain's constitutional fitness to be president and whether or not Obama's anti-NAFTA stance is provably bogus.
http://www.slate.com/id/2185471/
In which one bloggers does ask if Huckabee would have a legal standing now. A bit tongue in cheek.
For more bloggers:
Read more about the nonstory:
http://blogsearch.google.com/blogsea...G=Search+Blogs