“‘There are powerful arguments that Senator McCain or anyone else in this position is constitutionally qualified, but there is certainly no precedent,’ said Sarah H. Duggin, an associate professor of law at Catholic University who has studied the issue extensively. ‘It is not a slam-dunk situation.’” Well, that explains the love for TR’s Big Stick diplomacy. As it turns out, Sen. John McCain was born in the Panama Canal zone, potentially complicating his constitutional eligibility for president. “The conflict that could conceivably ensnare McCain goes more to the interpretation of the archaic phrase ‘natural born’ when weighed against intent and decades of immigration law…Quickly recognizing confusion over the evolving nature of citizenship, the First Congress in 1790 passed a naturalization law that did define children of citizens ‘born beyond the sea, or out of the limits of the United States to be natural born.’ But that law is still seen as potentially unconstitutional and was overtaken by subsequent legislation, which omitted the natural-born phrase.“
Hmmm. Maybe next time the GOP try to ratchet up the virulent xenophobia, we should perhaps remind them that at least our putative standard-bearer is definitively a “natural-born citizen” of the republic. And I wonder, will “activist judges” on the Supreme Court really forego a strict reading of our constitution and let this foreign-born fellow, John Sidney McCain, run for president? Strict constructionists should blanch at the thought. Update: Sen. Obama co-sponsors a bill to help McCain out.