Site icon JONATHAN TURLEY

Olson and Tribe Argue that McCain is Natural Born

Former Solicitor General Ted Olson, a Republican backing McCain, and Harvard Law Professor Laurence H. Tribe, a Democrat backing Barack Obama, have issued a paper finding that John McCain is “natural born” under the Constitution.

As this column discusses, there is a serious question over whether McCain truly qualifies as “natural born.” I am still trying to locate a copy of that report. Clearly, there is support for each side in such a debate. If it is treated as a territorial (rather than a parentage) question (as suggested by McCain himself), the question is a close one. There is not a great deal of historical material to clearly establish the answer and academics have debated the question for decades without resolution.

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