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Court Says McCain Is a US Citizen

By Stony Olsen

In yet another one of those odd quirks of this election season, both Barack Obama and John McCain have had to deal
with charges that they are ineligible to run for president because they are not “natural born citizens.”

09/19/08 The court said, however, in a nicely technical analysis of

In fact, lawsuits have been filed
against both candidates, but on
September 16th, in Robinson v.
Bowen, the court in the McCain
case ruled that McCain was, in
fact, eligible to be president.
the relevant citizenship laws in effect around the time
of McCain’s birth, that he was eligible according to the
Constitution. However, the court further stated, pretty
much, that the court itself didn’t have the ultimate say
on the subject, as questions of qualifications belong to
Congress and the Electoral College. In other words,
standing was the determinative factor.

The supposed problem for John McCain was simple: He was
born in the Panama Canal Zone in 1936 to two US citizens.
The US Constitution, in Article II, states that “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.” So, of course, the
question was whether McCain was a natural born citizen,
seeing as he wasn’t actually born within the boundaries of
the 50 US states.
This result comes as no surprise. Both campaigns have
pretty much left this issue alone, as both have some
small controversies associated with the citizenship of their
candidate. The case against Senator Obama, though, is
likely to be just as easily swept out of court.
In any case, this legal hurdle is now pretty much over for
Senator McCain, assuming it was ever really an issue in the
first place. And thus, it was a bit of good news for McCain
in a week filled with bad news.

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