Judge to decide if McCain eligible to stand

US: A JUDGE has been asked to decide whether John McCain is a "natural born" American citizen, a constitutional requirement for the US presidency.

The federal judge in California must 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.

Mr McCain has said there is no question about his eligibility, an assessment echoed by former solicitor general Ted Olson, who is examining the issue. It was also researched for his first presidential bid in 2000.

The constitution requires that only "natural born" citizens hold the presidency, a term on which the Founding Fathers did not elaborate. A two-page complaint filed on March 6th in the US district court in Riverside, California, argues that a judge should step in because the constitutional language is not precise. The complaint was filed by Andrew Aames (52), a Riverside lawyer who has dabbled in local politics, including volunteering for a Democratic congressional campaign.

The Panama Canal Zone was a US territory when Mr McCain was born on August 29th, 1936. His father was stationed there by the Navy.

Mr McCain said last month the issue was put to rest 44 years ago when Republican Barry Goldwater sought the presidency. Mr Goldwater was born in Arizona when it was a territory.

Columbia University law school professor Richard Briffault said he saw little room for debate over Mr McCain's status. "I find it hard to believe it's really an issue," Prof Briffault said. The Canal Zone "was a territory when he was born there. Why is it any different from the District of Columbia?"

© 2008 AP

This article appears in the print edition of the Irish Times