Is McCain a "Natural Born Citizen" under Art. II?
Steven Jamar
stevenjamar at gmail.com
Sat Feb 16 10:38:57 PST 2008
Let's assume McCain were to be nominated and elected president and
approved by Congress. Who would have standing to challenge the act of
Congress and the Electors?
Even if someone had standing, but for Bush v. Gore I would have
expected the court to dismiss this sort of question as one to be
governed by the political branches -- especially under the 12th and
20th Amendments.
Does anyone seriously think (a) that Congress would not accept the
vote of the electors? or (b) that SCOTUS would under any circumstances
decide against the people and Congress, even after Bush v. Gore?
But it is sort of fun to play with. And it has been on the fringe
blogosphere for some time -- maybe some more mainstream ones to -- I
don't follow any of it closely.
Steve
--
Prof. Steven D. Jamar vox: 202-806-8017
Howard University School of Law fax: 202-806-8567
2900 Van Ness Street NW mailto:stevenjamar at gmail.com
Washington, DC 20008 http://iipsj.com/SDJ/
"Education: the path from cocky ignorance to miserable uncertainty."
Mark Twain
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