--Oddly, though congressional hearings were held to determine whether Sen. John McCain was constitutionally eligible to be president as a "natural born citizen," no controlling legal authority ever sought to verify Obama's claim to a Hawaiian birth.
Here in Nebraska we don’t require any legal verification of eligibility. All we ask for is the certification by the DNC and RNC. But the charters of those organizations require that they only nominate eligible candidates. When the Certification of Nomination is signed by the certifying people from the DNC they are making a notarized oath that they know what they have said on the document to be true.
That is absolutely perjury on the part of Pelosi - not only because she didn’t know it to be true that Obama is Constitutionally eligible, but because she knew it was NOT TRUE.
The reasons for Congress saying that McCain was eligible was because both his parents were US citizens and (they said) he was born on a military base which would legally be considered US soil. Their facts may or may not have been accurate, but the criteria they used were clear. Obama doesn’t fit those criteria, even if he was born in Hawaii.
But the truth of the matter is, there is nothing that Hawaii has which qualifies as prima facie evidence that Obama was even born in Hawaii. And Pelosi would certainly have known that if she had even so much as TRIED to see his documentation.
The fact that she didn’t even TRY says that she knew she was perjuring herself when she swore on penalty of perjury that she knew Obama was Constitutionally eligible to be president.
There is no defense for her. You can’t swear to the truth of something you know you don’t know.
As I have been advocating on this thread, I see this as the way to go: instead of going so far as to ask a court to declare Obama as ineligible, it seems to me it would be better to focus on getting the court to find that the process to "fully qualify" the president-elect -- ANY president-elect -- is not sufficient to enforce the Constitution's eligibility requirements. And, therefore, the Congress must fix the process.
Part of making that argument is, in fact, the fact that Congress held hearings on McCain's eligibility. IOW, they demonstrated that they have some understanding that they have a duty to enforce constitutional standards on this point. But at the same time, their failure to hold hearings on Obama's eligibility, when he had an equal question based on the fact that his father was a British citizen, demonstrates Congress omission of review was arbitrary and capricious.
The court need to find Obama ineligible. It could simply find that the process doesn't safeguard the constitutional standard. The court could say in dicta that holding a hearing on the eligibility of a person born to two American citizens, but not on a person born to an American citizen and a foreign national, demonstrates that there is no coherent policy, and that this lack of procedure should be addressed by a law that would then be subject to judicial review.