10/29/08
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.
10 comments
Apparently Obama's half-brother and half-sister have made similar claims.
What is remarkable about the situation is that Obama could make the whole thing go away by providing a valid birth certificate.
I have been listening to Mike Berg (?) regarding this issue while I drive in to work listening to Peter Boyles. Wouldn't the natural reaction by anyone be to release your birth certificate? That is what McCain has doen. He also included his records at the Naval Academy which Obama refuses to show too.
The only reason to tie it up in the courts with counter suits is to cover-up the facts. Berg raises some interesting points regarding this as he talks about Obama's citizenship in Indonesia and also his ability to travel to Pakistan on a passport during the time when US citizens were restricted to do so. Obama could not attend school in Indonesia without being a citizen.
I will give him the benefit of the doubt regarding his birth in Hawaii, but if he had to be an Indonesian citizen to attend school in that country, would that mean he had to renounce his US citizenship? And if so, would he have to be reinstated when he came back to the States? Could he hold a duel citizenship with Indonesia? These are all questions that need to be vetted and have not been by the media.
Keith
If he was born in Kenya to an American mother who had lived in the US the requisite amount of time during her lifetime, he would have been a US citizen and would have been able to get a consular report of birth abroad. Where did you get the idea that a minor can't transmit her citizenship to her child?
Also, Keith, the Indonesia thing is a red herring. Obama was a child when he was in Indonesia. As a minor, he could not renounce his US citizenship. The US Supreme Court has a long record, beginning with Afroyim v. Rusk and progeny establishing that the act of renouncing has to be willful and with the actual intent of losing the US citizenship to have effect. Clearly, this is not the case for a minor.
Here's the law:
"A child born abroad on or after December 24, 1952 and before November 14, 1986 to one U.S. citizen parent and one non-citizen parent can acquire U.S. citizenship at birth if the U.S. citizen parent can demonstrate that he or she was physically present in the United States for a minimum of ten years, at least five of which were after the age of fourteen, prior to the birth of the child."
Since Obama was born before his mother was 19, then he could not have acquired citizenship by birth if he was born outside the US.
State declares Barack Obama's Hawaii birth certificate is genuine
By Associated Press
6:43 PM EDT, October 31, 2008
HONOLULU (AP) _ State officials say there's no doubt Barack Obama was born in Hawaii.
Health Department Director Dr. Chiyome Fukino said Friday she and the registrar of vital statistics, Alvin Onaka, have personally verified that the health department holds Obama's original birth certificate.
Fukino says that no state official, including Republican Gov. Linda Lingle, ever instructed that Obama's certificate be handled differently.
She says state law bars release of a certified birth certificate to anyone who does not have a tangible interest.
===
(and this slightly different account:)
Friday, October 31, 2008 - 11:51 AM HAST (That means Hawaii/Aleutian Standard Time)
Obama’s Hawaii birth certificate confirmed
Pacific Business News (Honolulu)
The director of Hawaii’s Department of Health confirmed on Friday what Barack Obama has been saying all along: the presidential candidate was born in Honolulu.
“There have been numerous requests for Sen. Barack Hussein Obama’s official birth certificate,” said Chiyome Fukino. “State law prohibits the release of a certified birth certificate to persons who do not have a tangible interest in the vital record.”
Citing her statutory authority to oversee and maintain Hawaii’s vital records, Fukino said she has “personally seen and verified that the Hawaii State Department of Health has Sen. Obama’s original birth certificate on record in accordance with state policies and procedures.
“No state official, including Gov. Linda Lingle, has ever instructed that this vital record be handled in a manner different from any other vital record in the possession of the State of Hawaii,” Fukino added.
Lingle, a Republican, has been campaigning on the Mainland for Obama’s opponent, Sen. John McCain of Arizona.
Obama, a Democratic senator from Illinois, was born Aug. 4, 1961, in Honolulu. He graduated high school at Punahou School in 1979.
End quote:
These two versions of the same report seem clear enough. The birth certificate is on file in Hawaii and it is valid.
However, the opponents of Obama simply will not give up. I have seen one Web comment that went along these lines: "It could have been a valid Kenyan birth certificate on file in Hawaii that the Hawaii official was talking about."
Laughable, of course, why would a Kenyan birth certificate be filed in Hawaii?
Oh, and as to the claim that Obama's grandmother said that she had been present at his birth in Kenya. Well, that all stems from Corsi and Philip Berg, who claim to have an audio tape of her saying that. But Berg and Corsi have never played that tape for anyone. And they have not shown any other evidence, such as Kenyan documents, either.
we must march on dc
the new world order has total control
our military must overthrow the government
the new world order criminals must be tried as traitors
our constitution must be restored and preserved
our borders must be feared and respected
it will take many years of mility control to flush out illuminati nwo devils
we must fight to the death to restore our once great republic
That's a little over the top...though I understand the underlying sentiment.
I am so with you. My torch and pitchfork are in my garage and I am ready to move ASAP! Perhaps I should stock up on tar and feathers. I am NOT JOKING. We are at a turning point in the country. If we allow the constitution to be degraded further it may be too late to turn back soon.
Now, today, we see with our very own eyes that the US Supreme Court is fearful of 'overturning the election of the first black president'. What is SCOTUS fearful of? Many things. Being disliked by 62 million strangers for one thing. Being afraid that 62 million obama-bots will riot in the streets, burning cities and worse. Being afraid of retaliation by left wing nutcases.
Among all 9 justices there isn't a single set of male testicles to be found. Instead, there are 9 vaginas attached to pansies masquerading as men.
B. Hussein Obama was born in Kenya. He is an Indonesian citizen who traveled to Pakistan, Indonesia, and Kenya in 1981 on on Indonesian passport. He's hired three law firms (not just 3 laywers) to keep his Occidental College, Columbia University, and Harvard University school records sealed. That's because he attended those colleges as a FOREIGN STUDENT.
If SCOTUS had a single sack among them, they'd demand some answers from B. Hussein Obama. If he's not a NB citizen they'd decertify him, damn the consequences. Any idiots who riot because their candidate was proven to be a liar, imposter, and fake; and who committed felonies because he's a liar, imposter and fake, should be arrested on the spot, tased if necessary, and shot if all else fails.
What's going on here is a bloodless coup. And it will stand unless SCOTUS finds a set of balls amongst themselves. But they won't.
The entire system, from top to bottom, from President, to SCOTUS, down to the smallest Federal office, is rotten, corrupt, dead, and dying. And yet, and yet....they will not admit it. Like dogs who eat their own vomit, the politicians entrenched in the Fed govt today are unable to see their felonious treacheries against the Constitution. No amount of voting, no amount of lawsuits, no amount of protestations by "The People" of the United States....will change, eliminate, or cure the cancer that's become the Federal Govt.
The ballot box has failed. And will continue to do so. The only box left, the one not yet opened or tried, is the bullet box. Sooner or later, that will be the only option; except for those content to kneel and lick the hand that feeds them while it simultaneously holds them down and binds them in chains.
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