1) Lose: "Natural born citizen" means born in the georgraphical USA or born to a parent who is a US citizen.  So Romney's dad, born in Mexico, and McCain, born in Panama, are "natrual born citizens" becasue their parents were US citizens. 

2) Win (possibly), Lose (probably): I like the 14th Amendment argument that it amends the "natural born citizen" requirement of Article II. It would win with me if I was on the Supreme Court. But I don' think it would win under today's Supreme Court because they would argue that the 14th Amendment is a general provision that does not amend the more specific provision in Article II without a direct reference. This is a time honored rule of construction.

The "only applies to slavery" argument is a non-starter because that argument was made and lost 130 years ago when people challenged the "equal protection" clause as it applies to corporations, which definitely were not slaves. The Supreme Court holds that the 14th amendment applies to corporations because they are legal "persons" under the law, so the 14th Amendment doesn't even just apply to natural people.

by Gregory Wonderwheel on 02/28/2008 10:13:52 PM EST