Settling Nothing, U.S. Senate Resolves: McCain a “Natural Born Citizen”

 We reported long ago that there ws a dispute whether, as a matter of constitutional law, Senator John McCain is eligible to be President of the United States. 

Section 1 of Article II of the U.S. Constitution provides that “ 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. ” (emphasis added).  McCain is well past 35 but is he a “natural born Citizen”? 

The U.S.  Senate unanimously resolved Wednesday that Republican presumptive candidate John McCain is eligible to be US president even though he was born in the Panama Canal zone. The resolution was supported by all senators, including the two Democratic Presidential candidates, Senators Clinton and Obama.

McCain was born to a military father in the Panama Canal zone when it was under U.S. jurisdiction. It has been reported that Senate sources said the issue was analyzed by former Solicitor General Theodore Olson and Harvard Law School Professor Laurence Tribe, both of whom concluded that McCain is a natural born citizen within the meaning of the U.S. Constitution.

Of course, a Senate resolution does not finally settle the matter.  However, is someone ready and willing to raise the issue in some other way, perhaps through a lawsuit?

UPDATE:  The Washington Post reports that a New Hampshire resident has filed suit challenging John Mc’cain’s eligibility to be President.  Stay tuned!

KJ