Olson's participation in this dance so far has been purely as a political advocate--here were his arguments; I can make the arguments for McCain as well as Olson can, but the bottom line is that he was born as a citizen of a foreign government, subject to the sovereignty of another government, and he flunks the Constitutional test.
Your analysis of juris soli also wouldn't fly as real legal analysis (I assume you are not a lawyer)--offspring of an alien who are born in the U S are not subject to the sovereignty of the foreign power at birth.
Your analysis of the practical power of Congress to address the issue is all very interesting but there is no real legal authority and no basis on which to predict how a Constitutional crisis would play out. But there isn't any doubt that once it is determined that a majority of the Electors, elected in November are Obama electors, there will be a Constitutional crisis when the facts surface. Assuming the Dems control Congress, they might be satisfied with President Biden.
As to the ultimate issue with respect to Obama--there is no doubt that he was born in Kenya. A look at the record of what he has done over the last four or five years on the subject just doesn't leave any room for doubt. The so called Birth Certificate, even if real (and it is a photoshoped fraud in its present condition), doesn't say anything on the subject--all of the states issue birth certificates to people who were not born in that state; that is one of the reasons a birth certificate is in poor repute as an identification document.
A certificate of the state of actual birth records would have more credibility--complete with a copy of the footprint; Obama hasn't released that document and isn't going to. Whatever it says supports the finding that he was born in Kenya.
Olson's participation in this dance so far has been purely as a political advocate-As the former Solicitor General and a distinguished conservative I doubt he lets court pleadings turn into political documents under his name. Please address his legal arguments presented in court rather than just his credibility.
... he flunks the Constitutional test.By one of the untested theories of the meaning of this vague constitutional test.
I assume you are not a lawyerI never said I was. That's one of the reasons I post so many pointers to credible references (ie. the law, the State Department, court cases, ...).
Please destroy my arguments with lawyerly precision, including some pointers to legal authorities.
Your analysis of juris soli also wouldn't fly as real legal analysis (I assume you are not a lawyer)--offspring of an alien who are born in the U S are not subject to the sovereignty of the foreign power at birth.The State Department disagrees with you. See this note on dual citizenship from their website.
Persons may have dual nationality by automatic operation of different laws rather than by choice.Your argument as to why a citizen born abroad fails the test is that the defect follows him into his presidency. This issue applies to citizens born in the US with dual citizenship as well....
The U.S. Government recognizes that dual nationality exists but does not encourage it as a matter of policy because of the problems it may cause. Claims of other countries on dual national U.S. citizens may conflict with U.S. law, and dual nationality may limit U.S. Government efforts to assist citizens abroad.
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However, dual nationals owe allegiance to both the United States and the foreign country. They are required to obey the laws of both countries. Either country has the right to enforce its laws, particularly if the person later travels there.
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Information on losing foreign citizenship can be obtained from the foreign country's embassy and consulates in the United States.
But there isn't any doubt that once it is determined that a majority of the Electors, elected in November are Obama electors, there will be a Constitutional crisis when the facts surface.If he was proven to have been born in Kenya there is no doubt we would have a constitutional "crisis" on our hands. The Constitution lays out the procedures for dealing with it.
As to the ultimate issue with respect to Obama--there is no doubt that he was born in Kenya. A look at the record of what he has done over the last four or five years on the subject just doesn't leave any room for doubt.We disagree here but it is a judgment call. I'll continue to concede that if he was born in Kenya he is toast (is that a proper legal term? lol).
You didn't address the point that the courts cannot remove a president. How do challenges to his eligibility get into discovery? There is no remedy the court can offer. I don't want to assume that the lack of a response means you agree with me.
The bottom line is in my judgment this is a political issue for the voters and Congress to decide. The courts aren't given a role. I think we agree on that though I not 100% sure.
... complete with a copy of the footprint ...I can picture having him give a footprint to match. lol