You said — That’s the reason that “he’s not *legally* required to show actual proof of eligibility” argument is flawed.
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That statement that there is *no legal requirement* for a candidate to show his birth certificate isn’t an “argument” — it’s a statement of *fact*... LOL...
In fact, they all consist of mere “statements of reality” in that they are either true or they are not. So, let’s go down the list...
(1) There is no legal requirement for a candidate to show a birth certificate. [true or not true; if true, show the law...]
(2) No one has been able to get Obama to show his birth certificate in over one year of trying, through both a whole slew of court cases and also through political persuasion. [true or not true; if not true, then show the birth certificate...]
(3) States control their own laws for who can be placed on the ballot in that state (true or not true; if not true, the show federal laws that specificy that states cannot do this and the federal laws of who goes on the ballot in each state...]
And so, since #1, #2, and #3 are obviously true, then this is a *conclusion* that a state can make a law which legally requires showing a birth certificate or the candidate cannot be placed on the ballot in that state.
Numbers 1, 2 and 3 are not “arguments” — they are the *statements of reality* that govern this very issue, the Obama birth certificate issue.
Even in the absence of specific statute, does the public have a right to see his original birth certificate, yes or no?
What do you actually believe?
His birth records can still be accessed via the courts. That's what the upcoming court hearings are about. In absence of documentary proof of eligibility ( due to loopholes in the statutes ), then the public has a right to see his original birth certificate. If he won't provide it himself, then the public should be allowed get it obtained through a court order.
(2) No one has been able to get Obama to show his birth certificate in over one year of trying, through both a whole slew of court cases and also through political persuasion. [true or not true; if not true, then show the birth certificate...]
So far...
(3) States control their own laws for who can be placed on the ballot in that state (true or not true; if not true, the show federal laws that specificy that states cannot do this and the federal laws of who goes on the ballot in each state...]
Even States cannot place candidates on the ballot ( and win electoral votes ) that do not actually meet requirements specified in the Constitution. Even States are obligated to have candidates meet those requirements. So we're right back at square one.