Actually, its really not cut and dried. The Constitution specifies a "natural born citizen". Does that mean born in the US? If so, McCain wouldn't have qualified as he was born in Panama. It was at a US base and under our soveriegnty, but still foriegn soil. Obama? Let's assume Kenya or Indonesia. His mother was a US citizen. To DQ him the court would have to rule that if an American woman gives birth overseas her child is not a citizen. That is absurd on its face. Our law has always encompassed both jus sanguinis AND jus soli. You are a citizen if your mother is American or if you were born on US soil. It can be argued that the framers intended this. There are counter arguments as 18th and 19th century law said that a woman't citizenship followed that of her husband, but expat childen were still citizens. The necessities of early travel mandated this. And the idea that you surrender citizenship by marrying a foriegn national has been repudiated. So, its not a silver bullet to get rid of the guy.
FQ13