John McCain: Does Where He Was Born Disqualify Him from the Presidency?

By: fred2blue
Published On: 2/28/2008 2:19:01 PM

cross-posted at Political Insulant

So-called Constitutional scholars of the "framers' intent" mindset - you know, those cranky, old white guys who say that we mustn't have "activist judges" elevated to the Supreme Court - will certainly have their BVDs in an atomic wedgie over this conundrum:

john-mccain.jpgPresumptive Republican nominee for President, John S. McCain, was born in 1936, in the Canal Zone.  Since he was not born on U.S. soil, is the standard set by the framers of the U.S. Constitution not satisfied?  If so, should McCain be disqualified from the highest office in the land?

Reporter Carl Hulse tackles this issue in an excellent piece published in today's New York Times.  As to the framers' intent, Hulse reports:
Almost since those words were written in 1787 with scant explanation, their precise meaning has been the stuff of confusion, law school review articles, whisper campaigns and civics class debates over whether only those delivered on American soil can be truly natural born. To date, no American to take the presidential oath has had an official birthplace outside the 50 states.

Could this be the wildcard some hard-right-wing Republicans have been looking for, to jettison the Arizona Senator? Or, should Nino "I decided the 2000 election" Scalia be fitted for a new set of flip-flops?

Discuss.


Comments



Wait... (legacyofmarshall - 2/28/2008 7:47:32 PM)
Wasn't the canal zone "US Soil"?  It's the same as being born in an embassy or overseas territory.  Fair by me.

I think he shouldn't be president because he was born in 1936, I don't care where, but that's just me (just kidding).



And (legacyofmarshall - 2/28/2008 7:48:21 PM)
The "framers' intent" was to keep Alexander Hamilton from becoming president.  Doesn't take a lawyer to figure that one out.


Here is a website that provides answers (OaktonResident - 2/29/2008 6:01:17 PM)
http://www.usconstitution.net/...

It indicates that he is not disqualified.  The New York Times gives itself another black eye.