First, regarding the Constitution and the phrase ... "natural born Citizen" is one of the qualifications for President required by Article II, Section 1, of the U.S. Constitution.
No Person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President; neither shall any Person be eligible to that Office who shall not have attained to the Age of thirty five Years, and been fourteen Years a Resident within the United States.
To understand the basis of the qualification, we can look to the John Jay, the first Supreme Court Justice and a Constitutional Framer for instance. We have no record on any related debate.
John Jay wrote: "Permit me to hint, whether it would be wise and seasonable to provide a strong check to the admission of Foreigners into the administration of our national Government; and to declare expressly that the Commander in Chief of the American army shall not be given to nor devolve on, any but a natural born Citizen."
The problem is the lack of a clear legal definition for the phrase. Some take it to mean a person born on native U.S. soil, while others include the various citizenship exceptions and naturalization procedures. The courts have discussed the issue, but have not made any clear rulings to my knowledge.
As we move on in history, citizenship criteria and naturalization laws change, and some could be interpreted to suggest that they impact the definition of "natural born citizen". You can look at commentaries surrounding the Fourteenth Amendment, various legal citizenship decisions, or the law extending citizenship to those born in the Panama Canal Zone. Some use the key phrase, "natural born citizen", others refer specifically to "citizenship" or"naturalization". The Natural Born Citizen article on WikiPedia is a good place to get relevant information, but it's not the final authority. WikiPedia contains opinions too.
Republican John McCain was born in the Panama Canal Zone, therefore his citizenship status was such a concern that the Senate passed a non-binding resolution declaring him a "natural born citizen". The resolution has no legal weight, but it clearly points out that folks were concerned, and made an attempt to remove the concern.
Roger Calero, Presidential Candidate for the Socialist Worker's Party, appeared on the 2008 ballot in Delaware, Minnesota, New Jersey, New York and Vermont, while being denied on the natural born citizenship issue in five other states. Calero was clearly born in Nicaragua, and may not even be a U.S. citizen at all.
Barack Obama has multiple problems. There are concerns over Hawaii's procedures for issuing birth certificates in 1961. Hawaii was a new state at that time. There are also legitimate assertions of falsified birth certificates posted on the web during the campaign season. There is the question of the State of Hawaii sealing/protecting Obama's birth certificate. And finally the assertion that he was actually born in Kenya, not Hawaii. Oh, let's not forget the absence of details on the time and exact location (i.e. hospital) of his birth.
There are on-going legal actions involving Obama's citizenship status. Hillary Clinton supporter and lawyer, Phillip Berg has been pursuing numerous legal actions, and activity is still underway. Below is the latest post from World Net Daily, which has tracked the issue closer than any media outlet. Jermone Corsi played a key role in breaking this story and has paid a price for it.
I remain concerned about ignorance and disregard for the Constitution. I can understand the case for calling McCain a natural born citizen. The Calero case is probably the most clear cut, and bleeds with blatant disregard for the Constitution. The Obama case brings up more questions than answers, and they do need to be answered. The problem is finding someone with the guts to make it happen. We'll see if the Supreme Court does it's job.
Eligibility Remains Focus of Supremes' Conferences
Dispute posted on docket twice after Electoral College Vote
Posted: December 26, 2008 WorldNetDaily
A second conference has been posted on the docket for the U.S. Supreme Court over the issue of Barack Obama's eligibility to occupy the White House, this one scheduled a week after Congress is to review the Electoral College vote tabulation.
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2 comments:
MESSAGE TO EVERY MEMBER OF CONGRESS:
When counting the electoral votes, either Congress finds by 1/8/09 that Obama, not being an Article II “natural born citizen”, fails to qualify as President whereupon Biden becomes the full fledged President under 3 USC 19 (free to pick his own VP such as Hillary) or thereafter defers to the Supreme Court to enjoin Obama’s inauguration with Biden becoming only Acting President under the 20th Amendment until a new President is duly determined.
The preferable choice, at least for the Democrats, should seem obvious.
This is a matter of adhering to the Constitutional Rule of Law, not political expediency-or-sour grapes.
The Constitution and Bill of Rights are this nation's fundamental, and final, authority in legal matters.
The questions that come to my mind, and are spoken from the heart, is why has Barak Hussein Obama been allowed to reach this stage of the "game" without proving natural born citizenship?
Why will Barak Obama not produce his birth certificate for review by the Supreme Court and settle the matter?
Will the Supreme Court do its duty to the Constitution and the people of this nation?
Why is the Governor of Hawaii participating in what appears to be a coverup of Obama's true national origin?
Finally, why is the Constitution being trampled on and simply ignored by elected and appointed officials? This is the root of the matter.
If Obama takes office without an answer to this constitutional point of law, he is setting the stage for citizen action on many levels to rectify the matter.
The consequences are on his hands and the hands of his supporters for not demanding an answer also.
Please, pray for President Elect Obama and his family; that they may come to the salvation of Jesus Christ.
Rob
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