The Obama citizenship question
Following up on my article from about two weeks ago regarding the lawsuit by Phillip Berg (which has since been dismissed on grounds that Berg lacks standing) claiming that Barack Obama is not a "natural born citizen" and therefore ineligible to be President of the United States. A couple quick thoughts on the issue: First, if Obama is not a natural born citizen, he's probably not a citizen at all. As I understand it, the case against his being a natural born citizen rests on the claim that he was born in Kenya. If true, his mother could not have transmitted citizenship to him because the father was not American and the mother was less than 19 years old at the time of Obama's birth. Again, if true, I believe Obama would have had to undergo some naturalization process to become an American citizen, which he probably didn't do if he was born outside the US. Therefore, if Obama is not eligible to be president, he's also not eligible to be a senator, the qualifications for which include having been a citizen for at least nine years. Second, in an interesting interview on the Mike Rosen show this morning, Judge Andrew Napolitano said that the standard procedure for proof of qualification for the presidency is for the candidate who wins the votes of the electoral college to provide proof of citizenship to the Clerk of the Senate. Napolitano (at about 1/3 of the way through the radio hour) said that it's likely Obama would then show his passport...which we know he has...and that that would probably satisfy the Clerk of the Senate. To question that would mean suggesting that Obama would either successfully have gotten a passport using fraudulent documents or that he somehow became a citizen through naturalization after a foreign birth, in which case proof of citizenship is not the same as proof of "natural born" citizenship. I would love to see a senator question the use of the passport of proof of qualification. It would be a riot to see Democrats react to charges of "he stole the election" given how much of that junk we had to hear from Democrats for most of this decade regarding George W Bush despite all evidence (including all Florida recounts) to the contrary. Third, it is likely that if Obama was born in Kenya he would have then committed felonies in most or all states by placing his name on the ballots in those states. However, according to Mike Rosen's earlier guest, Bruce Fein, it's essentially impossible to prosecute a sitting president for a crime. (He could theoretically be prosecuted after his term in office if the statue of limitations hasn't expired.) Therefore, as Judge Napolitano said, it is likely that the only remedy to remove Obama if he were to win election and be sworn in before it being proven that he's not qualified would be impeachment...hardly likely in a Congress which will be as dominated by Democrats as the next Congress will be. If you're interested in hearing me bring up these issues on the Mike Rosen show, you can listen starting about 1/5 of the way into this radio hour.
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