Day by Day

Wednesday, February 27, 2008

Article 2, Section 1

Is Senator McCain eligible to be President of the United States?

The Democrats are having a debate, errr, squable, about qualifications for the Presidency and whether Senator Clinton or Senator Obama is more qualified...

... but what about Senator McCain?

Admittedly, the following argument is surrounded by ambiguity since there is no decisive law on it. But, should it ever become a case, it'll come down to a decision by the United States Supreme Court. (And people wonder why whom a President selects for Justices of the Supreme Court might be important?)

It starts with Article 2, Section 1, of the Constitution of the United States of America (a.k.a., the Users' Manual to our country). This section defines the office of the Presidency, and specifically for our discussion, there's Clause 5: "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; neither shall any Person be eligible to that Office who shall not have attained to the Age of thirty-five Years, and been fourteen Years a Resident within the United States."

Senator McCain was born in the Panama Canal Zone. And, the Canal Zone is not a State. (Also, the CZ is not the District of Columbia...)

Therefore, Senator McCain (and my son, amongst others) is not a natural born Citizen.

And thus, not eligible for the Presidency...

1 comment:

auntybrat said...

Hmmmmmm.. if this is true, maybe we can say "Bratville" qualifies too?

Has anyone bothered to tell John McCain this news yet?