Posts Tagged ‘Eligibility’

Obama’s Eligibility: Fact, Fiction or Fog?

Saturday, January 21st, 2012

Something to Hide?

Obviously, this is a controversial subject, and one that threatens to push those who discuss it into the weeds of that field now dubbed “birtherism,” but there is some news on this front that I believe does deserve coverage, if only because whether one believes Barack Obama to be ineligible to the office of President of the United States, or instead believes the whole issue to be a load of nonsense, it is now an issue at controversy in several courts around the country.  There is a certain red letter that becomes attached to people or sites that spend much time on the issue, and that letter is “K” for “kook,” but in fairness to those concerned, there are significant issues at stake.  The question is: How seriously should we take any of them?  I won’t be spending more time than this on the matter without significant developments in the case, but I do believe we should at least be aware of the issues in controversy as a matter for voters to consider, (or not.)

Let us back up a bit and examine the nature of the claim against Barack Obama, and why it matters, if everything or anything the so-called “birthers” contend is true.  In the United States Constitution, set forth in Article II, that pertains to the executive, the qualification of those who hold this office are set forth in Section 1, in the fifth clause:

“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 examine this fairly, let us consider first the plain truth of what this says.  A person, to be eligible for the presidency, must be thirty-five years of age, apparently by the time of inauguration to it, and must have been a resident fourteen years within the United States, and must be a natural born citizen, or a citizen at the time of the adoption of the constitution.

From a factual point of view, it appears by all accounts that he has been a resident fourteen years, and it is clear that he is older than thirty-five years of age, so all that remains to be considered is the citizenship clause, and indeed, this is where the controversy attached to so-called “birthers” arises.  One section of this list of qualifications is obsolete, and that is this piece:

“or a Citizen of the United States, at the time of the Adoption of this Constitution”

This odd distinction is no longer applicable, but it is important because it is a distinction, and because while no longer operative, it offers a clue to the intent of the framers.  This clause was inserted to permit some of those then alive, who would not meet the definition of natural born citizen to be eligible to that office.  After all, the United States was a new country, and all of its people had at one time owed their allegiance to the British empire, so that people like Washington, Jefferson, Adams, and all the rest of that generation had been British subjects, and not citizens of the United States from birth, or, as we shall find, not having been born to two citizen parents.  This entire requirement regarding citizenship is formulated in response to the question of loyalties.  It was assumed that those who had no attachment by birth or culture to the United States might have no particular qualms about undermining it.  It is therefore clear that the framers had intended our President to always be a loyal citizen from birth, that there would be less chance of a usurper with no loyalty to the country who might rise to occupy that office.

What the US Constitution does not do is to define the term “natural born Citizen,” and nowhere in its text can you find anything to reference on the matter.  Instead, we are left to find the meaning of that term, as distinct from “citizen” elsewhere in law.  At the time of the founders, the common law understanding of the terms appears to have been that a natural born Citizen is one born in the country of which both parents were citizens.  This understanding of the term has a precedent in law, with the 1875 U.S. Supreme Court decision, Minor v. Happersett:

“The Constitution does not in words say who shall be natural-born citizens. Resort must be had elsewhere to ascertain that. At common law, with the nomenclature of which the framers of the Constitution were familiar, it was never doubted that all children born in a country of parents who were its citizens became themselves, upon their birth, citizens also. These were natives or natural-born citizens, as distinguished from aliens or foreigners.”

Let me give you the short version:  To be a “natural born citizen,” as late as 1875, one must have been born in the United States to two citizen parents.  If this is the controlling legal authority for the definition of the term “natural born Citizen,” then we have a problem.  If this is the strict definition of the term, there can be no way for Barack Obama to be a “natural born Citizen,” because he his father was not at any time a US Citizen, but instead a subject of the British crown, or a citizen of the nation Kenya.

This is then the central question under examination by so-called “birthers.”  There have been some subsequent cases that may override the earlier definition, but the problem is this: It’s really a straight-forward matter if the definition is as defined in Minor v. Happersett.  It is on this basis that the parties have been dueling in court these last four years, because on this simple matter of definition, turns the eligibility of Barack Obama.

There are other arguments too, about forged birth certificates, and hoax Kenyan birth certificates, and a whole lot of hyperbole that has more or less caused the issue to devolve into a circus with one side pointing at the other and calling them “wearers of tin-foil hats” while the other side points back with accusations of “koolaid drinkers,” and so on, but the matter may hinge on the definition of that one term in Article II, Section 1, Clause 5: What is a “natural born Citizen?”

Apart from the circus atmosphere that erupts from any making this particular claim or challenge to Barack Obama’s eligibility to that office, those who make this claim have an initial obstacle to pressing their case: As in any matter, the plaintiff must show legal standing before the court, and the court must take jurisdiction over it.  That has been the primary defense used by Obama’s legal team to tamp all of this down:  Those raising the issue have no standing before the courts in the matter, or that the courts themselves do not have jurisdiction over it.  This has served as a very effective shield to the questions ever gaining traction in a court of law.

As WND is reporting, there is now a case in process in the state of Georgia, wherein citizens can challenge the eligibility of anybody who wishes to be placed on the ballot.  There, Obama’s legal team is making two very different arguments, composed of asserting that because he is already president, this issue is mooted, but also that because he is president, he hasn’t the time or the obligation to answer to some lowly court in the state of Georgia over what his lawyers contend is a federal matter of jurisdiction.

Unfortunately for Obama, the judge in the case has refused to quash a subpoena on the basis of his legal team’s claims, stating that they may have the authority to do so on the basis of some executive privilege, but that they have yet to demonstrate its existence to the court.  This is actually a huge win for the so-called “birthers,”  because it implies that the case must go forward.  In the end, what is at stake is ballot access for Barack Obama in the state of Georgia.

Of course, there are other arguments about Obama’s eligibility, including notions about becoming a citizen of Indonesia subsequent to his birth, and being re-naturalized as a US Citizen. That too would make him ineligible, and the biggest obstacles to the cases brought around the country on that basis has been standing and jurisdiction, and the ability to subpoena records.

In researching this, what I’ve found is that there has been a vast and effective propaganda campaign against so-called “birthers,” trying to lump them all into the tin-foil-hat wearing ranks of conspiracy nuts, but not all of their claims are so “kooky” on closer examination.  Instead, what you find is that the group has been marginalized by grasping occasionally at hoaxes, like “Kenyan Birth Certificates” and other such things that have thus far all turned out to be frauds, at least insofar as my research has concluded.

I also think there’s another case to be made here, and that has to do with the intent of the framers.  What this requirement was clearly intended to create was an effective obstacle to the plotting of subversives who would take over the United States by acts of usurpation, rather than by open warfare against them.  In this sense, one could conclude that many of the beliefs of Barack Obama are foreign to American governance, and indeed seem preoccupied with the notion of overturning our form of government, begging the question: Whether or not he meets the strict definition of “natural born Citizen,” does his mostly unknown background and scarcely-recorded early advocacy and professions make him ineligible to that definition in spirit, even if not in fact?

I suspect this issue will haunt Obama until the end of his presidency, and for much the same reason as we now see a question of tax records haunting the steps of Mitt Romney:  If you have nothing to hide, and you’ve done nothing wrong, why will you not let us examine the records?  Nothing quiets a controversy quite like proof, and last year, when the Obama administration released what appeared to be a valid birth certificate, it really quieted the whole matter of the question of where he was born.  What it did not and could not quash was the matter of whether he is a “natural born Citizen,” by definition of law and applicable precedents.  It is clear that the framers intended a separate definition of that term by virtue of their specifying it in contrast to any other form or usage of the simpler term “citizen.”  That matter appears still to be an open question.

(Note: I don’t wish for this post to turn my site into “birther central” or some such thing, but with all the questions still raised in some quarters, and with the re-emergence of the matter back into the news cycle via the Georgia case, I felt it necessary to at least discuss the issue briefly, do a little research on it, and report it to you in similarly brief fashion.)





Barack Obama: Natural Born Enemy

Wednesday, November 9th, 2011

I don’t wish to get into the whole notion of so-called “birther” conspiracy theories about the legal eligibility of Barack Hussein Obama to be President of the United States.  It’s no longer relevant, one way or the other, inasmuch as he is now in office, and will remain in office through the end of his term, or even a second one if re-elected.  I don’t have documentation in my hands to show anything other than that which he claims, but I really don’t care about that argument.  Instead, I contend that Barack Obama is ineligible to be President because his philosophy, his ideals, and his policy directives have demonstrated with clarity his enmity to America.  That he is a natural born citizen may very well be true, but the reasoning behind the framers’ inclusion of this simple phrase still apply.  If ever there was an instance in which a person might be operating within the letter of the law, while well outside its “spirit,” it must be the presidency of Barack Obama.

Constitutional requirements for a President are simply these, set forth in Article II, section 1:

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.

The reason for the inclusion of the citizenship requirement was simple enough to understand:  It was intended to prevent the election of a President who would respect the laws, loyalties, sympathies, and traditions of a foreign polity that would lending that office to subversion or outright usurpation.  That was the basic motive for the inclusion of this specific qualification.  I am now here to state with unflinching resolve that whether Obama is eligible within the specific legal requirements makes no factual difference because within the spirit of these requirements, and the motives the founders expressed in setting them forth, Barack Obama has demonstrated a clear contempt for the laws and traditions of the United States and her people, and has further demonstrated loyalties to and sympathies with foreign ideas about law, and traditions outside the founding framework Americans have known and understood since these requirements were laid down.  People like to become exercised about the “seriousness of the charges.”   These are my allegations, and they couldn’t be more serious.  Unlike the others we’ve seen of late, for these charges, there is substantial evidence.

Barack Obama is not fulfilling his oath to faithfully execute the laws of the United States.  Another important section of the constitution sets forth the President’s oath of office, and it is legally binding upon him.  The eighth clause of Article II, section 1 states:

Before he enter on the Execution of his Office, he shall take the following Oath or Affirmation:—”I do solemnly swear (or affirm) that I will faithfully execute the Office of President of the United States, and will to the best of my Ability, preserve, protect and defend the Constitution of the United States.”

Has President Obama been faithfully executing his office?  Has he been preserving, protecting, and defending the Constitution? I do not believe it is possible to conclude he is carrying into force his mandated role, but instead using the authorities of his office to undermine that which he is sworn to protect, as he issues executive orders instructing the Department of Homeland Security and the Immigration and Naturalization Service to avoid charging and prosecuting some classes of persons who have entered the United States illegally.  On its face, this demonstrates loyalties and sympathies to foreigners.

President Obama has instructed regulatory agents of the United States to ignore the rulings of federal judges, in contravention of all legal traditions.  The President of the United States is neither a dictator, nor a law unto himself.  When he ignores or instructs agents of his administration to ignore the rulings of duly appointed judges and courts, he imperils the rule of law upon which our system depends.  What else can be the meaning of ignoring the ruling of a court to cease and desist in enforcement of a ban on offshore drilling?

When the President of the United States offers that he will use every perversion of law, and every available circumvention of the legal process to advance his agenda outside the bounds of the constitution, daring the American people to oppose him, he is challenging the very basic-most order he is sworn to maintain as the critical foundation of our civil society.  In operating in this manner, he declares open warfare against the civil society we have maintained despite some rather unscrupulous characters over the long course of our history.  Obama abhors the civil society, and his every action drips with the venom of his contempt.

Barack Obama conspires with other foreign influences to disrupt and dispirit the American people, their economy, and the liberties that make the success of either possible.  George Soros is not an American, and his statements over time demonstrate his open enmity to the United States.  In meeting with Soros, taking his funding, and coordinating policies with Soros’ own “Open Society Institute,” Barack Obama is inviting and even soliciting subversion, while acting himself as a foreign usurper.

Let us not shield our eyes from the truth any longer:  Barack Obama is acting in contempt of his oath.  His oath was not to the United Nations.  It was not to the Muslim Brotherhood.  It was not to George Soros or ACORN or any of the other myriad groups he openly serves.  His oath was supposed to have been to uphold our constitution, but perhaps it was foreshadowing when Chief Justice John Roberts couldn’t manage to get it right the first time around.

It is in consideration of the character of his execution of office that we discover that Obama is unfit, and by virtue of his aims, intentions, and policies, is morally ineligible to the office of President of the United States.  You are free to go on about his legal status and legal eligibility if you like, because for the moment, this is still a free country, but I do not expect that to gain much purchase at the polling places around the country next November.  The question isn’t whether he is eligible under law, but whether he had ever been eligible in spirit, or even within the spirit of the requirement as our founders had intended.  Whatever his citizenship, Barack Obama is not American inside.  It is his foreign polity and his alien sensibilities that make him ineligible to that office, but more, it is his practiced enmity to America that makes his continuance in office a moral absurdity. His loyalties to foreign concepts of governance make of him an heir to Nikita Khrushchev who promised “We will bury you.”  His every policy is bent toward that purpose.

That the media conceals this from you, and the wider audience of Americans is no surprise, because many of them are openly treasonous even in times of war.  That some among us permit themselves to be led astray about the intentions and designs of this man begins to speak to their moral character.  The evidence is manifest.  Barack Obama’s every action as president evinces a contempt for the US Constitution and the due processes of law, and civil society thereunder established.  We can ill afford to permit him another term, and we should begin to ask, before it is too late, that he be removed from office by Congress with all due dispatch.  We ought to demand it.

Not long after writing this, I ran into an audio clip from Mark Levin’s show on Wednesday.  It’s from his opening monologue.  In many ways, he expresses the same disgust with the current lawless administration:

You can listen to the remainder of this and other episodes of the Mark Levin Show HERE.