[bragginright]

In the Constitution, it states that a President must be either a natural born citizen or “a Citizen of the United States, at the time of the Adoption of this Constitution.” The second clause grandfathers in the people of the newly formed country.

My understanding is that McCain was eligible under the Naturalization act of 1790 which made children born to US citizens natural born citizens regardless of whether they were born on US soil or not. Its important to understand that the law specifies that the parents, plural, must be US citizens to guarantee natural born status to their offspring. Therefore there was no need for the Senate in April to pass that resolution of understanding regarding McCain’s status. It also means that in the Denofrio case, McCain’s eligibility is not in jeopardy.

[org.whodat]

My understanding is that McCain was eligible under the Naturalization act of 1790 which made children born to US citizens natural born citizens regardless of whether they were born on US soil or not.

It has always been my understanding that it takes a constitutional amendment to alter the constitution. However, if you believe you can do it by act of congress, boy are we in deep doo doo.

[org.whodat]

Forgot to add, giving that we are where we are, I think the whole things is moot. The courts would never hear the case, they would say that it was a case for the politician's.

[dianed]

The Naturalization Act of 1790 was repealed in 1795. Therefore, John McCain is still included in Donofrio’s suit as being ineligible.

http://hubpages.com/hub/Supreme-Court-Justices-Consider-Obama-Eligibility