Think Progress

Lawsuits question McCain’s eligibility to be president.

If elected, Sen. John McCain (R-AZ) would be the first president born outside the 50 states, a fact that is “reviving a musty debate” regarding the founders’ wishes that a “natural-born citizen” hold the nation’s highest office. The AP reports that lawsuits have now been filed in California and New Hampshire questioning his eligibility to be president:

[A] Nashua man has asked the federal court to rule that Sen. John McCain can’t be president because he was born in the Panama Canal Zone. [...]

A lawyer in Riverside, Calif., filed a similar suit on March 6. That case asks only for a “declaratory judgment” on whether McCain would be eligible to serve as president if elected.



50 Responses to “Lawsuits question McCain’s eligibility to be president.”

  1. Badmoodman says:

    Oh please TP, don’t come off as sounding like a buncha whacked out moonbats. Slow news day, or are you guys kickin’ back?


  2. McWars says:

    NBC raised this point a couple of weeks back. Isn’t he a U.S. citizen by virtue of his father’s military service there?


  3. Dumb_Fox says:

    Surely what’s most noteworthy is that it’s the reichwing filing this lawsuit:

    “Fred Hollander filed suit against McCain and the Republican National Committee, arguing he and other Republican voters would be “disenfranchised” if McCain becomes the party’s nominee for president.”


  4. Marie says:

    This is a silly distraction.


  5. Badmoodman says:

    Republican voters would be “disenfranchised” if McCain becomes the party’s nominee for president.”

    Criminy, the Republicans are gonna feel disenfranchised by any nominee that isn’t Ronald Reagan.


  6. Buckie Boy says:

    Now this would be extremely funny if it turned out he was not just unworthy, unqualifitied but un-eligible also.


  7. Zooey says:

    Dumb_Fox Says:
    March 19th, 2008 at 1:34 pm

    Surely what’s most noteworthy is that it’s the reichwing filing this lawsuit:

    “Fred Hollander filed suit against McCain and the Republican National Committee, arguing he and other Republican voters would be “disenfranchised” if McCain becomes the party’s nominee for president.”

    Disenfranchised BY CHOICE.


  8. McWars says:

    Dumb_Fox Says:
    March 19th, 2008 at 1:34 pm

    Ah yes, McCain the liberal. Savor the moment, this is the only time the reich will care about the Constitution.


  9. tombaker says:

    That crap’s never going to fly. Why not attack him on his relentless pandering, lobbyist embracing, media-manipulation and the statements from all those from his own side who judge him unfit for duty???????????

    John McCain’s radical religious supporters call for the violent overthrow of our own government!!!!

    John McCain caved under torture, proving that either a) torture doesn’t work, or b) John McCain is a traitor interested only in saving himself!!!!!!

    Here’s one for the righty foil-hatters – John McCain, through negligence and arrogance, caused the deaths-by-fire of 132 sailors aboard the USS Forrestal, shortly before ditching the 5th of 5 fighter jets he wrecked as a pilot!!!!!


  10. raynman says:

    “Lawsuits question McCain’s eligibility to be president.”

    Shouldn’t that be… Common sense question McCain’s Eligbility to be president.


  11. robbez_92107 says:

    Better cut it out, or you’ll piss the old coot off!


  12. mldb says:

    Not this again.

    Obama is cosponsoring legislation to make this a moot point.


  13. Jeannie See says:

    Wasn’t Romney born in Mexico? If he would have been the nominee wouldn’t that have made him ineligible?


  14. Roger_Roger says:

    Yup,

    Nothing like the far left to further talk down to our military. McCain was born on an Army base because his father was serving America. I know you folks don’t apprecaite America or American’s serving my country, but this is low. Call your lawyers off before you piss all of America off.


  15. OleHippieChick says:

    This is a waste – he was born to two US citizens, he’s a US citizen. A mean, ancient, lumpy, Alzheimer-afflicted, warmongering, pestilence of a US citizen.


  16. Bobwurst says:

    Rogermccrazyroger,

    It aint the left you maroon, it’s your base in crazy land that’s doing this. I’m all for mccrazy being your guy. I can’t wait to see him and Obama on a stage together talking. America won’t have a clearer choice betweent the failed past and the hopeful future.

    Obama is RFK
    Mccian is Andropov


  17. eyesopen says:

    These law suits regarding McCain’s citizenship are without merit and a waste of time. He was born to a military family (citizens all) assigned to an overseas (Panama) American base.

    What is available to diqualify him from occupation of the Oval Office is his admitted incompetence in economic matters, and yesterday’s demonstrated incompetence in foreign affairs. It can only be a matter of time before he executes an inexcusable gaffe in domestic affairs (probably with immigration) to seal the trifecta of imbecility.

    Yes, of course Dubya is an imbecile too, but people thought they could drink a beer with him. I believe that everyone knows that if you’re drinking a beer with McCain, you’re likely to wear it home.


  18. tombaker says:

    14 – the VAST MAJORITY of America is pissed Roger – at you!


  19. McWars says:

    Roger,

    Please read #3 closely.

    And when you call into Laura Ingraham and Mark Levine to lavish praise, tell them McWars said ‘choke on your red meat.’


  20. McWars says:

    Omicron Ohayo Says:
    March 19th, 2008 at 1:53 pm

    Who are you?


  21. belac says:

    GiantZeroGoodMorning-
    I personally welcome John McCain’s presidential run… because I believe that he will lose- big time.
    Maybe if you would read post #3 closely as well you would understand that it is the right wing that is bringing this suit…


  22. tombaker says:

    OO – it’s flag time for you buddy. buh-bye now.

    RR – mind your p’s and q’s or you’ll be run off too.


  23. The Republic of Stupidity says:

    Roger_Roger Says:
    March 19th, 2008 at 1:45 pm

    Call your lawyers off before you piss all of America off.

    ________

    Dumb_dumb… one of your fellow GOOPers filed the suit.

    http://www.boston.com/news/local/new_hampshire/articles/2008/03/19/another_suit_questions_mccains_citizenship/

    “Fred Hollander filed suit against McCain and the Republican National Committee, arguing he and other Republican voters would be “disenfranchised” if McCain becomes the party’s nominee for president.”

    “HE AND OTHER GOOPer VOTERS…”

    You can read, can’t you?


  24. Kay says:

    The question of McBomb’s eligibilty to be president lies more with his knowledge of foreign policy and economics (just to name 2)

    And so far, he’s proven he should be selling used cars.


  25. liberal traitor says:

    It’s been repeated for OO and RR’s benefit, but here goes again just in case:

    The suit mentioned in the article is being filed by a REPUBLICAN.

    If you look at the vast majority of “lefty” posts here, most are either saying that this is ridiculous or that at the very least it would be FUNNY if it had merit.

    Obama doesn’t support this crap against McCain either, as evidenced HERE:

    http://www.salon.com/politics/war_room/2008/02/29/mccain_panama/

    Read the last sentence of this article.

    Then promptly shut the fu-k up.


  26. missmolly says:

    Jeannie See Says:
    March 19th, 2008 at 1:45 pm
    Wasn’t Romney born in Mexico? If he would have been the nominee wouldn’t that have made him ineligible?

    ————————

    I think that was George Romney who was born in Mexico (Mitt Romney’s father). George also made a brief run for the White House during the 1968 primaries. At that time, the question also came up about Romney’s eligibility for the presidency due to his birth outside the United States. Most interpreted the phrase “natural born citizen” to mean anyone who is born a citizen of the United States. This would include anyone born on U.S. soil, as well as anyone born to United States citizens abroad. Bottom line — if you don’t require naturalization to be a citizen, you’re a natural born citizen.

    McCain is a natural born citizen. So was George Romney. Let McCain win or lose based on his qualifications, his position on the issues, and what kind of president he would be. Making a tight interpretation of this type of technicality will just bite people in the butt later when it’s their candidate on the chopping block.


  27. missmolly says:

    Kay Says:
    March 19th, 2008 at 2:01 pm
    And so far, he’s proven he should be selling used cars.

    ————————-

    Don’t you have to be a little better at math and economics to do that?


  28. liberal traitor says:

    By the way RR and OO, you know how long it took me to find an article about Obama cosponsoring legislation that would clarify this crap that is being thrown at McCain (and it is CRAP)? 30 seconds and a google search. Man that was tough.


  29. Kay says:

    look at the Nazi Chimp : born in a bubble in Connecticut but has fooled most of the Sheeple of the United states : they think he’s from Texas.

    Now he inhabits that same bubble in DC.


  30. mary says:

    I question McCain’s eligibility too! Apparently he didn’t even know that AQ is Sunni (or is it that he didn’t know that Iranians were Shiite?)!

    I suppose that with their talking points trying to blame everything on AQ AND Iran it can get confusing.


  31. missmolly says:

    Omicron Ohayo Says:
    March 19th, 2008 at 1:53 pm
    A man whose father was serving in the U.S. military when he was born in Panama is not eligible to be president? A man who defended his country and spent more than five years as a POW is not eligible to be president? Yet a racist, America-hater named Barack Hussein Obama is? Incredible.

    —————————————

    1) The question here whether a person born outside the United States to U.S. citizens qualifies as a “natural born” citizen — not which candidate is more suitable based on your personal ideology.

    2) Your last sentence — accusing Obama of being a racist and hating America, as well as complaining about his name — is a troll-turd you just dropped in here without proof or explanation (and it’s incorrect besides). Please attempt to keep these threads turd-free. It creates a better environment for all, and it keeps you from looking like a greater fool.


  32. Kay says:

    I agree. This is a silly distraction. My concerns:

    1. Is Diebold going to come to the rescue for McBomb and help him steal the election?

    2. If McBomb does get in — I fear perpetual war with not only Iran — but with China, Russia.

    With his famous temper, McWar really is a ticking time “bomb”

    God help us.


  33. L. Hussein Annie says:

    Oh, my – it’s delightful that it was a Republican wingnut who filed this suit.

    GOOOOOO, FRED!!!! ;o)


  34. RUCerious says:

    It’s not his ‘eligibility’ that should be in question, it is his mental fitness, impaired judgement, lack of principal and failure to have any moral compass that is at issue.


  35. Bartolo says:

    More disqualifying for McCain is his obsession with some form of revenge or family face-saving for his actions in the Viet Nam war.


  36. A Patriot Acting says:

    “From this early evidence of our founding father’s intent, it appears pretty clear to me that Sen. McCain is a “natural born citizen.””
    -Goony_GooGoo

    Noone here is saying he isn’t. What’s your point?


  37. Doctor J says:

    Hmmm. Neither George Washington, Thomas Jefferson, nor any of the early presidents was born “within” the United States.


  38. L. Hussein Annie says:

    Goofy_goony – why don’t you head on over to FreeRepublic and defend McMiniMe over there?

    I mean, considering it’s Republicans LIKE YOU who are filing these lawsuits and all…you know?


  39. airdefender says:

    It is really amazing how almost everyone on this thread do not understand why the lawsuits are being filed. The Constitution states that the President has to be a “natural born” citizen. When the Constitution was ratified, the founding fathers did not want a person born in another country to become President because they were concerned where their loyalties were.

    Joesph Kennedy was the Ambassor to Great Britain/England when either his son Joesph or John was born. Because of the concern over the “natural born” clause, he made sure that the son was born in the US Embassy because every Embassy is sovereign soil that country. It has long been held that “natural born” meant that you had to be born on US soil.

    I had a recent manager who was born in a foreign county to parents who were US citizen working in the State Department. Even though this person was born on the economy, the father had her birth certificate modified to state that she was born in the US Embassy.

    The “natural born” clause has never been ruled on the Supreme Court. It is a Constitutional question that needs clarification.

    I am in my 60s and I have always understood from my early school years in Utah that to be President one had to be born on US soil. Being a veteran, I have always thought that this was completely unfair to children born overseas to US citizens. This is true for those in the military, other Government organizations or those just on vacation. Why is a child born overseas of US citizen serving in the military any more entitled to be President than a child born overseas to any other US citizen.

    I am hopeful that the Supreme Court will hear this case and rule that a child born on US soil or to US citizens overseas will be declared “natural born”.

    You will notice that I have not addressed children born in the US to illegal aliens. Although related, it is not what is being asked in these lawsuits.

    It is not a frivolous lawsuit; but, a serious Constitutional question that has never been addressed. Maybe now it will.


  40. MapleStreet says:

    I’m not sure if I would like McCain being disqualified or not. McCain has painted himself into a corner as being the staunch supporter of Bush policies and headed to being Bush III.

    If McCain gets disqualified, the repubs might get someone that people like .


  41. WaltTheMan says:

    I suspect that if this goes to the Supremes, Clarence Thomas will be the sole dissenting vote.


  42. Jeremy in Denver says:

    good_golly Says:
    March 19th, 2008 at 3:04 pm

    The term “natural born citizen” is not defined in the Constitution itself, so we must look to contemporaneous documents of our founding fathers to determine their intent. In 1790, just two years after ratification of the Constitution, Congress passed the first naturalization law which states that “the children of citizens of the United States that may be born beyond sea, or outside the limits of the United States, shall be considered as natural born citizens.” From this early evidence of our founding father’s intent, it appears pretty clear to me that Sen. McCain is a “natural born citizen.”
    ———
    Fortunately, Barrack Obama, seeing an attempt by McCain’s OWN PARTY (!!!) to side track his nomination, has decided to clarify that the will of the congress is that that early post by a founding father is to be the Law of the Land.

    So, good_golly, are you with or against your Republican cohorts that brought this suit against McCain? :-D


  43. WaltTheMan says:

    I was born in Washington, DC. Since at the time, the District had neither representatives or senators in Congress (It could not because it is and was not a state.), am I or am I not a natural born citizen? This could get really dicey if we let it grow to fruition!


  44. Zimzone says:

    McCain was born in Panama.

    Few people know, however, that his Father is Manuel Noriega.

    BTW, google Omicron Ohayo to see what ‘it’ is…


  45. sherifffruitfly says:

    I hate McCain more than the next 2 guys, but this is just plain stupid. He’s a citizen. He’s not a naturalized citizen. Hence he’s a natural born citizen. Done.


  46. Bluestocking says:

    In all honesty and in all fairness — and I say this as a lifelong liberal and Democrat — this argument strikes me as being frivolous and rather ridiculous. If at least one of McCain’s parents is/was a citizen of the United States, I fail to see how being born outside the United States automatically disqualifies him as a “natural-born citizen”. Since most children born overseas to American parents aren’t required to apply for citizenship when they become adults, I think that would lead one to presume that they are considered natural-born citizens even if they would also be entitled to citizenship in the country of their birth.


  47. Klem Kiddilehopper says:

    Read up on what Cheney did when he pick himself to be VP! Now there’s a story of lying and cheating from the get-go, that continues till today!


  48. WaltTheMan says:

    We now have at least five tests that must be used when determining your rights as a natural born citizen (American):
    1. Your father’s birth right.
    2. Your mother’s birth right.
    3. Your parent’s birth right.
    4. Where you were born. and -
    5. Where you were conceived.


  49. DallasNE says:

    This is misguided with a backlash that can only help McCain. My advise would be to drop all such efforts.


  50. 99Luf Balloons says:

    Rev Wright made no racists comments, period. He made factual points of history which may have been racists, but they were facts of history.

    As for McCain, you all have lost sight as to what this truly means. If McCain, who was born on a US Naval base is given full rights as a born on US soil citizen, then that goes against the REpublitards stance on Guantanamo, in that those on that soil ARE NOT ON US GROUND, and therefore can be treated differently.
    This ISSUE is very much in play, and a major point of hypocrisy for the Frightwing.



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