Complaint Questions McCain Citizenship
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LOS ANGELES (AP) — John McCain has been called an American hero. But is he a natural born citizen?
A federal judge in California has been asked to determine if the Republican presidential candidate, who was born in the Panama Canal Zone in 1936, meets the legal test to qualify for the nation's highest office.
The Constitution requires that only "natural born" citizens hold the presidency, a term on which the Founding Fathers did not elaborate.
McCain has said there is no question about his eligibility, an assessment echoed by former Solicitor General Ted Olson, who is examining the issue for the campaign. It was also researched for his first presidential bid in 2000.
Questions about McCain's citizenship are "nonsense," campaign spokeswoman Jill Hazelbaker said Tuesday in an e-mail.
A two-page complaint filed March 6 in U.S. District Court in Riverside, Calif., argues that a judge should step in because the constitutional language is not precise, opening questions about the Arizona senator's standing.
The complaint was filed by Andrew Aames, 52, a Riverside lawyer who has dabbled in local politics, including volunteering for a Democratic congressional campaign. He said he is a registered Republican but previously was a Democrat.
He said he had no political stake in the outcome. A court ruling would clear up any confusion for voters, he added, and McCain has a "very, very good" chance of prevailing.
The Panama Canal Zone was a U.S. territory when McCain was born on Aug. 29, 1936. His father was stationed there by the Navy.
McCain said last month the issue was put to rest 44 years ago when Republican Barry Goldwater sought the presidency. Goldwater was born in Arizona when it was a territory.
The meaning of "natural born citizen" has long been debated. The phrase "natural born" was in early drafts of the Constitution. It could be linked to concerns that a foreigner might become president, an issue that would have resonated in the new nation.
Columbia University Law School professor Richard Briffault said he saw little room for debate over McCain's status — he qualifies.
"I find it hard to believe it's really an issue," Briffault said. The Canal Zone "was a territory when he was born there. Why is it any different from the District of Columbia?"
