On April 3, a lawsuit was filed in U.S. District Court in New Hampshire, alleging that John McCain is not eligible under Article II to be president. See the complaint here. Thank to Dan Tokaji for this news. The case is Hollander v McCain, 1:08-cv-99-JL. It has a hearing on July 24. Here is the Republican National Committee’s brief urging that the case be dismissed.
It seems to me that if the case had no merit they would not have spent most of the brief saying what would the remedy be even if the plaintiff wins.
It seems to me that there is no merit.
The petitioners claim that they will be disenfranchised because their votes for McCain will not count if he is found to not be eligible for the office of President.
Their error is that voters will not vote for John McCain but for a slate of electors pledged to vote for him.
This’ll get bounced out quickly.
For starters see Blackstone’s Commentaries —
http://www.lonang.com/exlibris/blackstone/bla-110.htm
William Blackstone – Commentaries on the Laws of England
BOOK 1, CHAPTER 10
Of the People, Whether Aliens, Denizens, or Natives
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See the recent Gitmo Habeas Corpus case about the TOTAL U.S.A. control of the Gitmo base in Cuba.
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Are the 12th Amdt Prez Electors AGENTS of the VOTERS in each sovereign State and 23rd Amdt DC when voting for a Prez/VP candidate ???
See the Law of Agency.