Interesting. If I’m interpreting this correctly, Congress had no authority to declare John McCain a NBC, correct?
Congress does not have Constitutional authority to declare anyone NBC or write or interpret a definition of NBC. Nor does Congress have the Constitutional authority to declare any U.S. Citizen ineligible for the Office of POTUS or VP because of their Natural born citizenship status. Previous resolutions on the NBC status of McCain and Obama were opinion and are meaningless with respect to Constitutional authority.
Congress does have the Constitutional authority to investigate, call witnesses, put witnesses under oath, and subpoena documents to gather evidence of a U.S. Citizen’s Natural born status or lack thereof. But, the evidence can only be referred to the DOJ or a Special Prosecutor for adjudication in Federal Court.
If there is a referral of evidence to a prosecutor who files suit in Federal Court, then it will be the Judicial Branch of Government that makes a determination of NBC status. Only the Judicial Branch has the Constitutional authority to define, interpret or declare a U.S. Citizen NBC based on the evidence presented.