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.

[The Duke]

Most of the high profile jobs in the US require confirmation of a valid birth certificate. I can't imagine that the guy we're giving permission to send troops into harm's way wouldn't be required to meet this basic prerequisite.

It's not crap at all, not at all. It's just basic common sense to confirm that any elected representative is qualified to hold office, and so much more so the Prez of the US.

[panthermom]

He could not even pass a backround check to work in Law Enforcement!!

[conservativegramma]

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

I hear you. I've thought about this too. The only thing I can come up with is one word: Fear. Our country has never, ever gone through this type of constitutional crisis - not even during the Civil War.

There is fear of the chaos that will result, the potential racial wars, and on and on. For many its just easier to sweep everything under a rug and hope for removal in 2012.

What they don't seem to realize is that by not addressing this issue it only opens the floodgates to even more usurpations until eventually nothing remains of our Republic which is a far worse chaos than anything they can imagine if the usurper is exposed and removed now.

They who can give up essential liberty to obtain a little temporary safety, deserve neither liberty nor safety. - Benjamin Franklin

[panthermom]

I thank Lt. Col. Larkin for doing this, he has the back round and longevity within the military to understand what is going on.

My son, who I am not disregarding in anyway, just like many of his buddies, look at their military service differently, and truthfully, we should count our lucky stars that they do!! It is at this point in their lives that they do believe they are invincible, they have that wild streak in them, that the military will tame and put in perspective for them. And quite frankly......if you ask them, they want to kick some a$$! It is really that simple. People older will call them naive, and say be careful what you wish for but, in their young minds with that attitude they are doing their service for their country.

Yet every person who my son has come in contact with, strangers included who have served, have told him that at times it will seem like the worst job you have had but in reality it will be the best job you will ever have......

[Kenny Bunk]

Hi Dennis!

There is no way the SCOTUS can "dethrone" remove, or cause to be removed, the POTUS.

They can rule on the Writ of Quo Warranto, on appeal from either side. But no matter what their finding, only Congress can remove a sitting President, by Impeachment in the House, and Conviction in the Senate.

[Non-Sequitur]

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

And this is defined where in the Constitution or U.S. law?

[edge919]

The Supreme Court said the definition was extraconstitutional and cited a Vatellian definition, born in the country to citizens.

[panthermom]

Show me where the Supreme Court has ruled what a Natural Born Citizen is, not a citizen, I want Natural Born Citizen.....

John McCain was questioned about his citizenship because of his birth in the Panama Canal Zone, it was the Congress that ruled BECAUSE BOTH OF HIS PARENTS WERE CITIZENS that he could be declared a NBC...personally, I think they were wrong as well, while his parents were both Citizens, he was NOT born on the military base where his father was stationed but a private hospital.

Where did the term Natural Born Citizen come from? Vattel’s Law of Nations, the founders didn’t just make it up, they had a reference point for the term.

http://www.birthers.org/USC/Vattel.html

[dennisw]

Many thanks! I hope this spring you get eat your share of fiddle heads...delicious.

Anyways, the best way to trip up 0bama is for one or more State Attorneys General to demand proof of eligibility in 2012. If you want to run for President in our state you must prove eligibility

[conservativegramma]

Not only have there been numerous SCOTUS cases defining it using Vattel, it was defined as such in the Senate resolution regarding McCain, and it was defined as such by someone who should know - David Ramsey (a member of the same Continental Congress to whom we can credit the constitution) in 1789:

“[c]itizenship is the inheritance of the children of those who have taken part in the late revolution; but this is confined exclusively to the children of those who were themselves citizens….”....as a natural right, belongs to none but those who have been born of citizens since the 4th of July, 1776."

This isn't really rocket science. No offense, but I'm going to take the word of someone who was actually ALIVE when the Constitution was written and who knew personally those writing the Constitution to determine the correct definition. Anything less is nothing but hot air or a deliberate attempt to destroy our Republic.

[rxsid]

Me either.

[panthermom]

My bad, John McCain was born in a military installation.

[Non-Sequitur]

My bad, John McCain was born in a military installation.

So? The definition still has to be somewhere.

[Non-Sequitur]

The Supreme Court said the definition was extraconstitutional and cited a Vatellian definition, born in the country to citizens.

In which case?

[Non-Sequitur]

Show me where the Supreme Court has ruled what a Natural Born Citizen is, not a citizen, I want Natural Born Citizen.....

Let's try an easier question. The Constitution specifically mentions two and only two means of acquiring citizenship - natural-born and naturalized. Where is this third form of citizenship you claim exists defined?

John McCain was questioned about his citizenship because of his birth in the Panama Canal Zone, it was the Congress that ruled BECAUSE BOTH OF HIS PARENTS WERE CITIZENS that he could be declared a NBC...personally, I think they were wrong as well, while his parents were both Citizens, he was NOT born on the military base where his father was stationed but a private hospital.

So are you saying that if McCain had been elected then you would have the same doubts about his qualifications for the presidency as you have about Obama? Even though by law he is a natural-born citizen?

[mills044]

I am thunderstruck by the depth of your post. Thank you for your insight and brilliance.

Wow, just wow!

[verity]

"...however, it is something he has always wanted..."

It would appear to me that he understands the concept of Duty, Honor, Country. You should be very proud of him.

I have served on Active Duty from JFK to RR. I did not admire LBJ nor JC but I soldiered on. My son has been on AD since 1990 and has been subjected to WJC and now Obongo. But he has soldiered on.

Perhaps you can now understand why I cannot respect Lafkin.

[verity]

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

Are you suffering from dementia? My lack of respect for Lafkin can in no way be construed as support for Obama by a rational person. I can no longer assume you are rational and I am not going to waste my time on you. But, I do feel sorry for your husband.

[rxsid]

"Terry Lakin Letter to POTUS

March 30, 2010

The Honorable Barack Obama
President of the United States of America
1600 Pennsylvania Avenue NW
Washington, D.C. 20500

Dear Mr. President:

For more than seventeen years, I have had the privilege of serving my country as a member of the U.S. Armed Forces, including overseas assignments in imminent danger/combat areas in Bosnia and Afghanistan.

The United States is an example to the rest of the world of a stable, civilized democratic government where all men are created equal 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 militaries around the world. Every soldier learns what constitutes a lawful order and is encouraged to stand up and object to unlawful orders. My officer's oath of office requires that I swear to support and defend the Constitution of the United States.

I recently received deployment orders for a second deployment to Afghanistan. My orders included a requirement to bring copies of my birth certificate. I will 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, and standards for identification have become even stricter since the terrorist attacks on 9/11.

Since the fall of 2008, I have been troubled by reports that your original birth certificate remains concealed from public view along with many other records which, if released, would quickly end questions surrounding your place of birth and "natural born" status. Many people mistake 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 an original birth certificate on file which may or may not be sufficiently probative. An original birth certificate is the underlying document that presumably includes a hospital and attending physician's or midwife's name that should lay to rest the "natural born" dispute.

In 2008, after pressure from the news media, Senator 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 silent about your eligibility, despite statements from Kenyan citizens that you were born in Mombasa, including your paternal grandmother and the Ambassador from Kenya to the U.S. during a radio interview. Hawaiian state officials claim they cannot release an original birth certificate without your consent.

I have attempted through my chain of command for many months to get answers to the questions surrounding your eligibility. I also sought answers, unsuccessfully, through my Congressional delegation. You serve as my Commander-in-Chief. Given the fact that the certification that your campaign posted online was not a document that the Hawaiian Department of Homelands regarded as a sufficient substitute for the original birth certificate and given that it has been your personal decision that has prevented the Hawaiian Department of Health from releasing your original birth certificate or any Hawaiian hospital from releasing your records, the burden of proof must rest with you.

Please assure the American people that you are indeed constitutionally eligible to serve as Commander-in-Chief and thereby may lawfully direct service members into harm's way. I will be proud to deploy to Afghanistan to further serve my country and my fellow soldiers, but I should only do so with the knowledge that this important provision of our Constitution is respected and obeyed. The people that continue to risk their lives and give the ultimate sacrifice to the service of our country deserve to know they do so upholding their vows to the oath of office and the Constitution.

Unless it is established (by this sufficient proof that should be easily within your power to provide) that you are constitutionally eligible to serve as President and my Commander-in-Chief, I, and all other military officers may be following illegal orders. Therefore, sir, until an original birth certificate is brought forward that validates your eligibility and puts to rest the other reasonable questions surrounding your unproven eligibility; I cannot in good conscience obey ANY military orders.

Respectfully,

// Terry Lakin

Lieutenant Colonel Terrence Lakin, USA"

http://www.safeguardourconstitution.com/news/terry-lakins-letter-to-potus.html

[conservativegramma]

Nonsense. Your lack of respect for a courageous military officer certainly doesn’t show support for the U.S.A. or its constitution. Every single officer, soldier & sailor has the RIGHT to seek redress in the courts if he feels his orders are illegal orders. You don’t have to agree that Lakin’s actions are the best way, but if you can’t at least admire his bravery in his last ditch efforts to at least try and stop an illegal takeover of our government you’re a sorry excuse for an American.

Go right ahead feeling sorry for my husband, I feel sorry for your entire family living with someone who willingly trashes our constitution and our republic. Anyone who does not want to preserve our liberty is clearly suffering from a greater problem with dementia than I and for that matter far more irrational than you claim I am.

P.S. I received a freeper e-mail giving me a heads up not to engage you, that you are a ‘jerk’. You seem to have left a bit of an impression on others. LOL! :)