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In fact, lawsuits have been filed against both candidates, but on September 16th, in Robinson v. Bowen, the court in the McCain case ruled that McCain was, in fact, eligible to be president.
The supposed problem for John McCain was simple: He was born in the Panama Canal Zone in 1936 to two US citizens. The US Constitution, in Article II, states that ''No Person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President.'' So, of course, the question was whether McCain was a natural born citizen, seeing as he wasn’t actually born within the boundaries of the 50 US states.
The court said, however, in a nicely technical analysis of the relevant citizenship laws in effect around the time of McCain’s birth, that he was eligible according to the Constitution. However, the court further stated, pretty much, that the court itself didn’t have the ultimate say on the subject, as questions of qualifications belong to Congress and the Electoral College. In other words, standing was the determinative factor.
This result comes as no surprise. Both campaigns have pretty much left this issue alone, as both have some small controversies associated with the citizenship of their candidate. The case against Senator Obama, though, is likely to be just as easily swept out of court.
In any case, this legal hurdle is now pretty much over for Senator McCain, assuming it was ever really an issue in the first place. And thus, it was a bit of good news for McCain in a week filled with bad news.
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