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Look, this is about the Consitutional eligibility of a candidate for President. In this case -- Donofrio's lawsuit -- it's about three candidates' eligibility.

He's arguing that the NJ SOS was remiss in her duty to certify that the Presidential candidates on the NJ ballot were eligible "by law" for the office.

In Obama's case, he's not even arguing that he wasn't born in the US. Donofrio is arguing that he is not a "natural born" citizen in the sense that the Constitution requires, since his dual citizenship at birth (and therefore divided loyalties) derived from his Father's British citizenship disqualifies him.

In McCain's case, he quotes from the DOS Foreign Affairs Manual to argue that McCain is not "natural born," but a citizen by statute:

"Despite widespread popular belief, U.S. abroad and U.S. diplomatic facilities are not part of the United States within the meaning of the 14th Amendment. A child born on the premises of such a facility is not subject to U.S. jurisdiction and does not acquire U.S. citizenship by reason of birth."

Calero (Socialist Party) isn't even a citizen, and yet he was allowed on the NJ ballot, while five other states disqualified him on that basis.

We've never had a candidate whose father was a foreigner who never became a citizen. We've never had a candidate who born on foreign soil. This election is unique, and there are very few guidelines to cover the situation. You can argue that it's the duty of the SOS's to declare eligibility. You can argue that it falls to Congress in the their role as counters of the Electoral Vote. Or you can argue that it's the responsibility of the Supreme Court, as the only branch that is not (or should not be) populated by political partisans.

No one, but you, argues that it's the responsibility of the Executive Branch.

Read this; it covers the range of possibilities, and it's the paper that inspired Donofrio to take the steps he did to get the suit to SCOTUS. (Whether they act on it is another matter.)

The Justiciability of Eligibility: May Courts Decide Who Can Be President?

I am not arguing Obama's eligibility, I am arguing if Obama (Or anyone else) engaged in fraud and deceit. One being a fraudulent selective service registration, two a person who never had actual US citizenship (In Obama's case read the law at the time of his birth if born in Kenya with an underage mother), taken on citizenship of a foreign country, and not officially applying for US citizenship. All this needs to be investigated, not by "internt warriors" but by the Branch in charge of executing our Federal laws.

Donofrio's, any other private citizen, and Pres. election candidates who were "harmed" have no precedent or teeth. All Obama or anyone else can tell the courts here is my copy of my BC (My original is sealed take it up with the Hawaii government), my selective service records, and my passport if indeed pressed (I doubt it). Now tell me, is the Judicial Branch in charge of seeing if the candidate's BC, selective service records, and official passports are valid? That is the responsibility of another and any "proof" offered by a private citizen would be declared "hogwash" from a looney toon.

We've never had a candidate whose father was a foreigner who never became a citizen.

Does not matter as the law says only one parent needs to be a citizen and automatically since Obama is a naturalized citizen becomes a moot point.

We've never had a candidate who born on foreign soil.

Obama has a BC, selective service registration, and passport "proving" he was born in Hawaii (Annexed 1898, official territory 1900, Statehood 1959). Obama will be laughing/ignoring any challenge.

And yes I am the only one because I could care less if the havoc caused by a Federal investigation of the first part black President intending to deceive by lying about place of origin creates a huge political backlash. If Obama/anyone else indeed tried to falsify records (Again the courts are going to laugh at all the "proof" from private citizens), was an official citizen of Indonesia and if he ever properly applied for US citizenship (Saying he was born in Kenya but committed FRAUD by claiming Hawaii).

For now Obama is a legitimate candidate just by following Federal laws already passed on citizenship/Presidential eligibility. All these lawsuits will be properly met by Obama because he has the "paperwork"/law to back his claims.