Thursday, February 28, 2008

McCain's Citizenship and Eligibility

According to Drudge, the NYT is about to release an article questioning John McCain's eligibility to be President because he was born outside the United States (he was born in a military base in the Canal Zone).

It had me worried for a moment, but I tracked this down. Article II, Section 1(5) provides that only a "natural born citizen" is eligible to be president. The Constitution does not define the term "natural born citizen." Amendment XIV, of course, provides that persons born in the United States are citizens of the United States, we can use common sense to inform us that such persons fall within the definition of "natural born citizen." McCain was not born in the United States so he is not a born 14th Amendment citizen. He is, however, a born statutory citizen:
The following shall be nationals and citizens of the United States at birth: ... (e) a person born in an outlying possession of the United States of parents one of whom is a citizen of the United States who has been physically present in the United States or one of its outlying possessions for a continuous period of one year at any time prior to the birth of such person
8 USC 1401.

Citizenship was automatic at birth in his case; to me that counts as "natural born."

Monday, February 25, 2008

First Scientology, Now NADER!!!!

Not my politics, but this is just too good!




Note: for anyone who didn't get the reference: