Replies

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 lawyer

I 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.
...
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.
...
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.
...
Information on losing foreign citizenship can be obtained from the foreign country's embassy and consulates in the United States.

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.

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

I'm embarrased to say that WorldNetDaily and I agree on something.

However, a WND investigation has found that at least part of Berg's lawsuit relies on discredited claims.
...
The lawsuit claims Barack Obama's eligibility is questionable on several grounds, including the allegation that he was born in Kenya to parents unable to automatically grant him American citizenship, that his Hawaii birth certificate is a forgery – a now discredited claim – that he was made a citizen of Indonesia as a child and that he retained foreign citizenship into adulthood without recording an oath of allegiance to regain any theoretical American citizenship.

This is a poorly worded sentence. I grouped it in bold the way I interpret it but left the rest to avoid self serving quotes

In short, the suit claims Obama was not born an American citizen; lost any hypothetical American citizenship he had as a child (Editor's note: This point is not supported by U.S. citizenship law);
A separate WND investigation into Obama's birth certificate utilizing forgery experts also found the document to be authentic.

I hope they plan on publishing the names and qualifications of these experts. It doesn't say if they had the actual document or scans.

The investigation also revealed methods used by some of the bloggers to determine the document was fake involved forgeries, in that a few bloggers added text and images to the certificate scan that weren't originally there.

It would be nice to know which bloggers added text. That's a pretty serious charge that should be substantiated. Which bloggers did this?

The claim could not be verified by WND inquiries to Hawaiian hospitals, since state law bars the hospitals from releasing medical records to the public. ...
However, there doesn't seem to be any evidence Ann Dunham expatriated. Also, consulting citizenship experts contend that if Obama indeed obtained Indonesian citizenship, it simply would not have been recognized by the U.S., but the presidential candidate would retain his American citizenship.

It's the law folks. See earlier links.

A WND investigation could not find any proof Obama used an Indonesian passport to travel to Pakistan. However, WND noted that Pakistan in 1981 was under military rule and that it was difficult for U.S. citizens to travel to the country without assistance – meaning, it would have been easier to enter Pakistan on an Indonesian passport.

But it doesn't matter because a dual national (if he was one) using his foreign passport (if he had one) is not grounds for losing American citizenship.

I wouldn't take WND's word for anything, but it would be nice to see the actual evidence they have collected.