Legal Research

Faithful readers of Novalawcity may recall when I blogged about questions regarding John McCain's citizenship (Citizen McCain?).  The Democratic candidate's citizenship qualifications have been challenged as well.  Pennsylvania attorney Philip Berg brought suit against Barack Obama, alleging that he is not a "natural born citizen" of the United States as required in Article II Section 1 and hence not entitled to serve as President.  Relying heavily on the case of Hollander v. McCain,  which challenged Candidate McCain's citizenship, the District Court for the Eastern District of Pennsylvania dismissed the suit.  Judge R. Barclay Surrick held that Berg did not have standing to bring suit, because he would not be directly harmed even if his allegation that Obama lost his citizenship when his mother married an Indonesian man were true. 

Perhaps it is time to take another look at the "natural born citizen" requirement, which originally stemmed from the fear that a malign Brit would take the infant United States back under British rule.  A movement  to amend the constitution to remove the requirement was organized at the height of Arnold Shwarzenegger's popularity, but has since languished. Hat tip to Concurring Opinions.