Many things may obstruct John McCain’s path to the White House, but his citizenship status is not among them. The question of his eligibility, given the circumstances of his birth, has already been resolved. That outcome has been produced by actors outside the courts. . . . If non-judicial actors—including Congress, editorialists, leading members of the bar, and the People themselves—manage to generate a constitutional consensus, there isn’t much that the courts can do about it. In cases such as this one, at least, that seems to be an acceptable method of constitutional determination.
Peter J. Spiro,
McCain’s Citizenship and Constitutional Method,
Mich. L. Rev. First Impressions
Available at: http://repository.law.umich.edu/mlr_fi/vol107/iss1/20