Is McCain a "Natural Born Citizen" under Art. II?

Steven Jamar stevenjamar at
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.


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
Washington, DC  20008	               

"Education:  the path from cocky ignorance to miserable uncertainty."

Mark Twain

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