Sunday, July 13, 2008
Prof. Gabriel Chin of the University of Arizona has a new paper that argues that McCain was not a "natural born Citizen" and is thus not eligible for the office of the President of the United States.
Senator John McCain was born in the Canal Zone in 1936 to U.S. citizen parents. The Canal Zone was U.S. territory but was not incorporated into the United States. In the Insular Cases, the U.S. Supreme Court held that "unincorporated territories" were not part of the United States for constitutional purposes. Congress passed a citizenship law for the Canal Zone in 1937. That made McCain a citizen, but he was not a citizen at birth in 1936.
Professor Chin's paper is posted on SSRN -- It is called "Why Senator John McCain Cannot Be President: Eleven Months and Hundred Yards Short of Citizenship." Click here for the Law Librarian Blog, which will bring you to the SSRN page.
The SSRN abstract for that paper has been viewed more than 10,000 times already.
Hat tip to the Law Librarian Blog.