President Obama Needs to Prove His Constitutional Eligibility to Be Commander-in-Chief

American Thinker ^ | April 08, 2010 | Terrence Lakin, MD

[neverdem]

Last week, I entered Walter Reed Army Hospital to notify the Department of Defense that I would refuse to obey any orders from my commanding officers -- including President Obama -- until the president produces his original birth certificate. After nearly eighteen years of wearing the military uniform of the country I have proudly served, including overseas assignments in imminent danger/combat areas in Bosnia and Afghanistan, I felt compelled to take this step. 

I made this decision from much deliberation, after lengthy consultations with many friends, family members, and colleagues, and I firmly believe that all servicemen and women, and the American public, have the right to know the truth about President Obama's constitutional eligibility to serve as Commander-in-Chief.

As military officers, we all take a solemn oath upon commissioning into the Uniformed Services. In this oath, we swear to support and defend the Constitution of the United States against all enemies, foreign and domestic. Upholding the law is an essential part of our role as citizens; in the military, we are the ultimate protectors of that law. The Constitution is our social compact, which safeguards all of us and ensures the "equal rights" that we are entitled to as American citizens. 

Since Nuremberg, My Lai, and even Abu Ghraib more recently, the military has been taught the hard lessons of following illegal orders. Any reasonable person looking critically at the information and evidence currently in the public domain about Obama's birthplace would have questions about President Obama's claim to be a natural born citizen. I made the decision to disobey all military orders, including my deployment order to Afghanistan, in pursuit of the truth of whether President Obama can legally occupy the high post that he holds today and which entitles him to send servicemembers into harm's way. 

The United States serves an example to the rest of the world of a stable, civilized, democratic government, where all men are equal under the law and the rule of law is cherished and obeyed. The U.S. military teaches and promotes the rule of law and civilian control of the military to many other nations and military forces around the world. Every soldier learns what constitutes a lawful order and is encouraged to stand up and object to unlawful orders. This is called the "duty to disobey."

My deployment orders for a second tour in Afghanistan included a requirement to bring copies of my birth certificate. I would be glad to obey this order and provide a certified copy of my original birth certificate with common, standard identifiers, including the name of an attending physician and a hospital. Every day in transactions across the country, American citizens are required to prove their identity; standards for identification have become stricter since the terrorist attacks of 9/11.

Since fall 2008, I have been troubled by reports that the president's original birth certificate remains concealed from public view along with other records which, if released, would quickly end questions surrounding his place of birth and "natural born" status. Many people mistook the online Certification of Live Birth for an original birth certificate. Until the summer of 2009, the Hawaiian Department of Homelands would not accept this Certification of Live Birth to determine native Hawaiian identity -- the Department insisted upon also reviewing an original birth certificate. 

Many do not understand that the online document was from 2007, generated by computer, laser-printed, and merely a certification that there is something on file which may or may not be sufficient proof of a birth in Hawaii. An original birth certificate could be the underlying document that presumably includes a hospital and attending physician's or midwife's name. Such a document should lay to rest the "natural born" dispute. This controversy was further escalated by media reports that gave two different hospital names for Obama's birthplace -- even today, the public does not know what doctor delivered the then-future president or which hospital was the site of his birth. No eyewitnesses have stepped forward to affirm that he was born in Hawaii in 1961. Under immigration laws in force at the time, if born in Kenya to a father who was not a U.S. citizen, Barack Obama had no right to American citizenship of any kind, and he could never qualify as "natural born." This is why determining his actual birthplace is crucial.

In 2008, after pressure from news media, President Obama's rival, candidate McCain, produced an original birth certificate from the Panama Canal Zone; a Senate Judiciary Committee hearing examined and affirmed his "natural born" status and constitutional eligibility to serve as president. The U.S. Senate was strangely silent about President Obama's eligibility despite statements from Kenyan citizens that he was born there, evidently including his paternal grandmother and the Ambassador from Kenya to the U.S. during a November 2008 radio interview. Hawaiian state officials claim that they cannot release an original birth certificate without Obama's consent, declaring that the public has no "tangible interest" in seeing this vital birth record.

I attempted without success through my chain of command for over a year to get answers to the questions surrounding the president's eligibility. I was told that I have no standing to make this inquiry, and moreover, that no one in DoD could answer this question. I made inquiries, unsuccessfully, through my congressional delegation, which simply referred my questions back to DoD. No one I spoke to was able to offer any evidence that the president is "natural born." The burden of proof, it seems, must rest with the White House-- with president Obama himself, as these records are his, and he has chosen to conceal them at considerable legal expense. Remarkably, there is no enforcement mechanism for the Constitution's Article II, Section 1 requirement that the president be a "natural born" citizen -- voters have largely relied on an honor system and a free press to vet candidates for the highest political office in the nation.

While President Obama's records remain hidden, public consternation is growing. The American people have the right to know that their president is constitutionally eligible to serve as Commander-in-Chief and thereby may lawfully direct servicemembers into harm's way. I will be proud to deploy to Afghanistan to further serve my country and my fellow soldiers, but I should do so only with the knowledge that this important requirement of our Constitution is respected and obeyed. Those in uniform who continue to risk their lives and give the ultimate sacrifice to the service of our country deserve to know that they do so upholding their vows to the oath of office and to the Constitution.

Until an original birth certificate is brought forward that will validate the Commander-in-Chief's constitutional eligibility and put to rest the reasonable questions surrounding it, I cannot in good conscience obey any of my military orders. Unless it is established (sufficient proof that should be easily within the president's power to provide) that he is constitutionally eligible to serve as president and Commander-in-Chief, I and all other military officers are at risk of following illegal orders.  

There is no legitimate privacy right to information necessary to prove that President Obama is legally eligible to serve as Commander-in-Chief. 

I remain at risk of arrest and court-martial, but am mindful always that my oath of office is to the Constitution. It fills me with great sadness that on 31 March, I declined a direct order from my Medical Brigade Commander. This is a man I honor and wished to meet in order to thank him for his unquestionable valor and courage, and yet I could not obey his order. Now, he could order my arrest at any time.   

I hope that President Obama will demonstrate his respect for the U.S. Constitution and release his original birth certificate. My bags are packed, and I look forward to joining my fellow soldiers in Afghanistan, but I will deploy only with the knowledge that I am following legal orders under a lawful Commander-in-Chief. 

For those readers wanting to follow my ongoing story, the American Patriot Foundation has set up a legal defense fund to help me, and they tell me that they will be posting up-to-date information about my case. Their website is .

Dr. Terrence Lakin is an active duty Lieutenant Colonel who serves as Chief of Primary Care at the Pentagon's TRICARE health clinic; he has been selected for promotion to Colonel.

[AnalogReigns]

The legality of orders all depends on the a constitutional presidency. An officer (or enlisted) can choose to disobey orders they believe are unconstitional—PROVIDED, they are prepared to take the consequences—meaning that they can prove their case.

The LTC is not saying he is the (sole) constitutional judge, rather he is putting the issue (and himself and his career) up to the legal system—which is, constitutionally, the legal judge of constitutionality....if and when some judge there has the gonads to take responsibility.

Already a reserve officer did the same thing—refused orders claiming Obama is unconstitutionally qualified...and the Army backed down, and rescinded his orders—making the case moot. I’ve never EVER heard of that before, even in the Vietnam era, and it really makes one wonder.

Obama has spent something like 1.5 million dollars to prevent a $10 document from being revealed—and you think its much ado about nothing?

[Artemis Webb]

I never said it is “much ado about nothing”. Those are your words and are not mine or my sentiment.

[verity]

I condemn Obama and I condemn Lakin. I also condemn you for not having having an understanding of Duty, Honor, Country. Obviously, you have no one in your family who served in a military capacity.

[vaudine]

"about on a par with a none- too- bright high school student."

In actual fact, I once taught a high track of 8th graders who could think, articulate, and write circles around this perennial sophomore.

vaudine

[Kenny Bunk]

By his actions, the Colonel is actually requesting a Court Martial in order to establish whether or not his orders are legal for an American officer to obey.

The tactic is bold. However, I believe it offers the other team too many opportunities to skirt the main issue. E.G., the Colonel can simply be relieved of duty, putting paid to the whole affair. Many other, much more drastic steps can be taken against him, long before any Court Martial convenes. If and when it does, (a long shot) I am reasonably certain a request to the Attorney General of the State of Hawaii for the documentation will NOT be made.I.E., the case will be contested on very limited, strictly military terms.

This Obama has thrown us into a Constitutional Crisis, which I personally believe can only be resolved after he leaves office at the end of his term. We have lived through a skillfully managed anti-constitutional Coup which has been temporarily successful.

It is like finding a known but undisclosed defect in a house, after title has passed; a defect which should have been discovered and reported by your real estate agent before closing. Due Diligence on Obama was not performed. We can recover. But not as quickly as one might wish. I know many a good real estate case that is older than a four-year Presidential term.

[proud American in Canada]

One of the most impassioned speeches I have ever heard was from a Lieutenant Colonel who was redeploying from Iraq to his home station. I sat in awe as he explained that the US military is the only military in the world that swears an oath not to a person or country but an idea articulated in the document that is the US Constitution. They pledge their very lives to the defense of that idea.

Bttt! That must have been an amazing speech.

[dennisw]

Obama’s father being a Kenyan and British subject.

This should have been brought up before the election. His candidacy should have been challenged. There is not enough “natural born citizen” precedent for the Supreme Court to dethrone the sitting president 0bama. But I have no problem with anyone challenging 0bama’s eligibility on any basis and also demanding the full original birth certificate. I hope it pans out.

[Artemis Webb]

Too well thought out.
Too good of an analogy.
You’re obviously a troll. :)

[conservativegramma]

You support Obama by your actions, sorry, your lies won't fly and I told you I would continue to call you on it.

Prove you condemn Obama by writing to him personally and asking why he refuses to do the moral obligation to his troops by proving his eligibility.

I have more understanding of duty, honor, and country than you do. I refuse to usurp the constitution. You'll do whatever it takes to commit to your liberal agenda - the constitution be da****.

And again you're wrong by suggesting I've never had family who served in any military capacity. You seem to have a penchant for being wrong 99.9% of the time.

Let me disabuse you of that notion. My own father was a U.S. Marine who supports Lt. Col. Lakin and has said were he still active duty he would join his case. My Uncle was a U.S. Marine who served on the Tinian Islands in W.W. 2 loading the Enola Gay with 'the bomb'. Were he still alive I can assure you he would agree with my father.

I have ancestors who have fought in every single war this nation has engaged in since the French and Indian war in the 18th century and I have no less than a dozen ancestors who founded this nation by fighting in the Revolutionary War against tyranny from Valley Forge to the Battle of Charleston. A tyranny not even as severe as what we are now enduring under Obama I might add. So again, don't go where you know absolutely nothing.

If you truly knew about military duty you would know that it is the duty and right of every officer who has questions about the legality of superior orders to use the courtroom for redress if necessary.

And yes I still condemn you for harping about duty, honor, and country while supporting the treasonous activities of an illegitimate CIC.

[verity]

How are things at Code Pink?

[conservativegramma]

You should know.

[verity]

I'll return later to continue insulting you. LMAO.

In the interim, you are free to annoy other people.

[panthermom]

I don’t. Natural born citizen.........2 parents, citizens, born in the United States of America.

[panthermom]

And when it comes out that he is NOT NBC.....every Soldier, Marine and Airman, can and would be brought up on charges in an international court. Every death of a terrorists from Jan.2010 is murder.

[conservativegramma]

That’s fine. Continue to get your jollies mocking patriotic Americans, your day is coming.

[conservativegramma]

Excellent point. This is precisely why every Soldier, Marine, Airman, and officer should be joining Lt. Col. Lakin’s case!

[panthermom]

Well I have family that has served, is currently serving and a son that is leaving on April 26th for Fort Benning, Infantry. I have told him, your oath is to the Constitution, just like his relatives have that have and are serving told him! In fact they tried to talk him out of joining while Obama is President, however, it is something he has always wanted.....so we will live with it!

Have you had a relative deploy under Obama? I have and it is a sick feeling.

[rxsid]

How can a USURPER command our armed forces?
How can a USURPER sign any treaties with foreign governments?
How can a USURPER sign anything into law, let alone the health care monstrosity?

HOW CAN A NATURAL BORN CITIZEN'S STATUS BE "GOVERNED" BY GREAT BRITAIN?

 

“When Barack Obama Jr. was born on Aug. 4,1961, in Honolulu, Kenya was a British colony, still part of the United Kingdom’s dwindling empire. As a Kenyan native, Barack Obama Sr. was a British subject whose citizenship status was governed by The British Nationality Act of 1948. That same act governed the status of Obama Sr.‘s children.

http://fightthesmears.com/articles/5/birthcertificate.html

Factcheck.org goes on to say this about Obama Sr., Jr. and the British Nationality Act of 1948:

In other words, at the time of his birth, Barack Obama Jr. was both a U.S. citizen (by virtue of being born in Hawaii) and a citizen of the United Kingdom and Colonies (or the UKC) by virtue of being born to a father who was a citizen of the UKC.

http://www.factcheck.org/askfactcheck/does_barack_obama_have_kenyan_citizenship.html

 

Even the modern day State Department rules discusses the problems associated with dual citizenship:

7 FAM 081: U.S. Policy on Dual Nationality:

(e)While recognizing the existence of dual nationality, the U.S. Government does not encourage it as a matter of policy because of the problems it may cause. Dual nationality may hamper efforts by the U.S. Government to provide diplomatic and consular protection to individuals overseas. When a U.S. citizen is in the other country of their dual nationality, that country has a predominant claim on the person.

...

the U.S. Supreme Court has stated that dual nationality is a "status long recognized in the law" and that "a person may have and exercise rights of nationality in two countries and be subject to the responsibilities of both." See Kawakita v. United States, 343 U.S. 717 (1952).

http://www.state.gov/documents/organization/86563.pdf

So, back to the question: "HOW CAN A NATURAL BORN CITIZEN'S STATUS BE "GOVERNED" BY GREAT BRITAIN?"
It can't. Of course not. Yet, right there, on his campaign web site F.T.S., it's stated that a foreign government "governed" Barry from birth and the reason it did, was that Barry inherited that foreign citizenship by way of his foreign national father (no matter where he was born), a fact backed up by Factcheck.org. Assuming, of course, that Sr. was his legal father at birth.
How, then, could he possibly be a "Natural Born Citizen" of the U.S.?
Barry Soetoro, the divided citizen at birth!

http://www.jeffersonsrebels.blogspot.com

 

Furthermore:  Hawaii's Territorial Law, Chapter 57 - "VITAL STATISTICS, I", shown beginning pg 23 of 29, (the law in effect in 1961) allowed baby's born anywhere in the world to be eligible to apply for a Hawaiian birth certificate based on the word of 1 relative.

Bottom line: Even IF (big IF) he was born in HI, he inherited his father's foreign citizenship as well, making him a US citizen by US law and the subject of the crown of her majesty the Queen of England by inheritance and England's law. He could not be considered a Natural Born Citizen as known by and as intended by the framers.

[conservativegramma]

Prayers up for your son mom! God bless.

[panthermom]

For the life of me I do not understand why it is sooooo hard to understand that NBC means 2 citizen parents=NBC!!!!