U.S. District Court SATURDAY, AUGUST 23, 2008 5:37:00 PM
Judge sets hearing for challenge to McCain’s candidacy
BY CHRIS RIZO
SAN FRANCISCO (Legal Newsline)-A federal judge has ordered expedited briefing in a case that contends that John McCain, the presumptive Republican presidential nominee, cannot become president because he was not born on U.S. soil.
The American Independent Party is seeking to have the Arizona senator’s name removed from ballots in California.
The group says in court papers that federal law would bar the former Vietnam War POW from taking office were he to be elected in November because he was born in the Panama Canal Zone in 1936 while his father was stationed at Coco Solo Naval Air Station.
U.S. District Court Judge William Alsup of the Northern District of California will hear arguments in the case Sept. 11, said AIP attorney Gregory Walston of the law firm of Walston Cross of San Francisco.
The American Independent Party claims it will be “irreparably harmed by Senator McCain’s illegal and illegitimate presence on the ballot.”
The plaintiffs in the case want McCain enjoined from running for president.
In 1937, Congress enacted a law granting citizenship to people born in the Panama Canal Zone after 1904. But critics say the law still does not confer “natural-born” citizenship on McCain, which would be required for him to take the Oval Office.
Also named in the AIP lawsuit are the Republican National Committee and the California Republican Party. The lawsuit argues the GOP is engaging in “unfair competition” by putting forth an “illegitimate” presidential nominee.
“The harm sustained by being forced to compete against-and potentially be defeated by-and illegal and illegitimate campaign cannot be monetarily remedied nor can it be remedied after the November general election in any manner,” the petition said.
The lawsuit was brought by Markham Robinson of Vacaville, Calif., chairman-elect of the American Independent Party. The AIP has nominated author Alan Keyes for president.
Keyes was appointed ambassador to the Economic and Social Council of the United Nations under Republican U.S. President Ronald Reagan, and served as assistant secretary of state for international organization affairs from 1985 to 1987.
From Legal Newsline: Reach reporter Chris Rizo at chrisrizo@legalnewsline.com.
Filed Under: U.S. District Court
COMMENTS ON THIS ARTICLE:
NOT ASSOCIATED WITH AIP The legitimate leadership of the AIP is not Markham Robinson.
Chairman Jim King and the AIP party neither espouses this position, nor endorses it.
A lot going on in the California world of third party politics lately.
This is Markham Robinson,Chairman-Elect of the American Independent Party to take office on September 3, 2008 from Ed Noonan who Jim King tried to diplace before the end of his term.
The American Independent Party has been throughout its 41 year history concerned with adherence to the Tenth Amendment, from George Wallace’s insistence on State’s rights to Alan Keyes defense of the free exercise of religion by appeal to that same limited government amendment.
George Wallace and Alan Keyes. An interesting juxtaposition eh? The American Independent Party continues its devotion to American Independence and resistance to imprudent treaties that damage United States sovereignty or attempt to change our Constitution in any respect.
The AIP remains opposed to the United Nations in almost all its aspects, the World Health Organization possibly excepted. One thing we like about it though–we have a veto over its forceful acts. Until it is well and truly defeated, we want to keep that. Our position on this has changed in that we no longer endorse any foolish policy that would allow the United Nations to become the nucleus of a world alliance against the United State which it might well become absent that vital veto power.
The AIP remains prolife, pro Second Amendment rights and the general right of self-defense nationally and individually against all comers including an oppressive government.
We remain opposed to any intrinsic authority in the Commander in Chief, whom we regard as a Military Chief Executive, only entitled to carry out the will of Congress in terms of the military budget, military organization and discipline as specified in legislation, and in majority votes of Congress declaring war (whether that legislation declares the act of Congress to be a war or not). We insist on the due subordination of the Executive as Commander in Chief to majority authorizations by Congress of all hostile acts. Such authorizations are “declarations of war” whether Congress is honest enough to call them that or not. We distinguish here Constitutional from political offenses as hardly anyone does concerning this matter, but which all honest and intelligent observers must admit once it is called to their attention.
We adamantly oppose any foreign military adventures by the President claiming intrinsic authority as Commander in Chief to justify them. The only use of force by the Commander in Chief is for true emergencies where it is necessary to protect American Forces, American citizens, American property and no time is available to consult Congress. Getting the nation into a war on his own initiative is an impeachable offense and if that happens with any President, even one whose election we have supported, we will call for his impeachment on those grounds.
It has been alleged that the AIP has been taken over by “Republican Operatives.” Some Republican operatives! I have filed suit to prevent McCain’s appearance on the California General Election Ballot for President, based on his non-natural born status. I have been feeding information and arguments to support the Obama suit to keep him off the ballot too. I guess I am not a very good “Democratic Operative either!
It has been alleged that the AIP has been taken over by Neo-Con’s. First let me say that Neo Cons are not Conservatives. They are not in general prolife and they are for “Big Government Conservatism,” which, unless Conservatives are Liberals would make them NOT Conservative! George Bush certainly isn’t a Conservative!
It has been alleged that Alan Keyes is a “War mongering Neo Con.” He is neither a Neo Con nor a warmonger whatever Neo Cons may be. He is for a strong defense, but not for an American Empire. He is a Conservative, a Reagan Conservative and much more–a strict Constitutionalist.
But no Constitutionalist is a Conservative either. We are so far from observing the Constitution now, that to advocate anything like that is RADICAL! We are radical republicans, radical Constitutionalists. We are tired of playing defense. We are going on offense.
In U.S. v. Wong Kim Ark (1898), “Chief Justice FULLER, with whom concurred Justice HARLAN, dissenting‖
“Thus, the fourteenth amendment is held to be merely declaratory, except that it brings all persons, irrespective of color, within the scope of the alleged rule, and puts that rule beyond the control of the legislative power.
“If the conclusion of the majority opinion is correct, then the children of citizens of the United States, who have been born abroad since July 28, 1868, when the [Fourteenth] amendment was declared ratified, were and are aliens, unless they have or shall, on attaining majority, become citizens by naturalization in the United States; and no statutory provision to the contrary is of any force or effect x x x.â€
“In my judgment, the children of our citizens born abroad were always natural-born citizens from the standpoint of this government. If not, and if the correct view is that they were aliens, but collectively naturalized under the acts of congress which recognized them as natural born, then those born since the fourteenth amendment are not citizens at all unless they have become such by individual compliance with the general laws for the naturalization of aliens, because they are not naturalized ‘in the United States.’â€
So it seems a serious argument can be made either way about McCain. I doubt he will be removed from the ticket in California, but this AIP move will possibly generate press coverage.
Wonder if the press over there has mentioned the AIP infighting.