That is just a statement of fact, which is why the Senate tried to weigh in on McCain by offering a resolution that he was eligible to run for President. However, in actual practice, under current US Code, citizenship is automatically conferred on people like McCain regardless of where they are born thru jus sanguinis. If it is ever taken up SCOTUS, then it will have been determined definitively. I presume that based on past precedent, they will come down on the side of McCain being a natural born citizen under the Constitution and millions like him, including my daughter.
As far as I know, McCain's candidacy was never challenged legally during the campaign. Perhaps if he had won, there may have been legal challenges. In the absence of a SCOTUS decision, we must rely on existing precedent.
d. In any event, the fact that
someone is a natural born citizen pursuant to a statute does not
necessarily imply that he or she is such a citizen for Constitutional
purposes.
operative paragraph, there may be a difference in the meaning of citizen for constitutional and statutory purposes. Definitions in law change depending on the context and application all the time. Personally I think the USSC should decide this once and for all (now at least) and decide if children born to two illegal alien parents in the US are in fact citizens. Are the parents subject to US jurisdiction if they owe allegiance to another country?Not according to the history and intent of the 14th amendment.