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Politics : American Presidential Politics and foreign affairs -- Ignore unavailable to you. Want to Upgrade?


To: DuckTapeSunroof who wrote (29123)7/17/2008 5:28:13 PM
From: TimF  Read Replies (1) | Respond to of 71588
 
Also in this case, since you are talking about current and future eligibility, not the past, arguably the ex-post facto consideration doesn't arise.

In other words, if you assume the constitution itself, and applicable statutes don't already make McCain eligible (an assumption I disagree with but which isn't worth revisiting at this point), and that a law is needed to make him a natural born US citizen, then it could be argued that he was NOT a natural born citizen in 1936, but became one in 1937 with the passage of the law. It would only raise possible ex-post facto considerations if the question is was he a naturally born citizen in '36 (and even those concerns of of the type where the courts have generally ruled that there is no constitutional violation as my previous post pointed out).