In Re Birthers

While I did encounter the “birthers'” strange notions before the election, a brief visit to Snopes was sufficient to disprove them.  (Whereupon I returned to more interesting perusals, e.g., following the unfolding financial crisis with rapt attention.)

It’s worth noting, however, that questions were also raised regarding McCain’s eligibility under the natural-born citizenship clause…and that such questions (in contrast w/ those surrounding Obama’s) managed to provoke a few interesting law review articles.  See here, here, here, and here.  There was also this this post by Solum, as well as this one by Lindgren.

At first, I found it the law reviews’ silence re. Obama’s citizenship noteworthy.  Upon further consideration, however, such silence makes sense:  Unlike with McCain’s citizenship, which does present some interesting legal questions, the question of Obama’s citizenship is one of fact, not law.  If Obama’s birth certificate is authentic, then there’s really nothing worth writing about.

Aside:  I do find it slightly amusing that both major-party candidates in the 2008 election faced challenges under the Natural-Born Citizen Clause.


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