EXACTLY!!! I hope his attorney goes that route. Seems NO ONE is addressing that.
Nothing anyone does can make Obama a natural born citizen. No discovery is needed. The Constitution was never intended to have definitions for legal term, and has few. Our common law, according to Joseph Story, Alexander Hamilton, and many other founders and framers, comes largely from Vattel's law of Nations, our Nation's first law school text, at William and Mary in 1779, the curriculum designed by Thomas Jefferson.
Read in rsxid's thread in Free Republic about the meaning of natural born citizenship. Read The Venus, or Minor V. Happersett, or Wong Kim Ark, in which Minor is cited and quoted and Wong Kim, born on our soil of Chinese parents, is deemed a citizen, and not a natural born citizen.
Here is Chief Justice Morrison Waite from his decision in Minor v. Happersett.
"The Constitution does not, in words, say who shall be natural-born citizens. Resort must be had elsewhere to ascertain that. At common-law, with the nomenclature of which the framers of the Constitution were familiar, it was never doubted that all children born in a country of parents who were its citizens became themselves, upon their birth, citizens also. These were natives, or natural-born citizens, as distinguished from aliens or foreigners."
Our legislators let it happen, probably because McCain too was ineligible. It was tough, almost impossible, for Republicans to raise the Constitutional issue about a POW. But law is law. The Democrats were all over McCain's ineligibility, until they decided Obama was who they wanted, and knew they needed McCain running to shield Obama from questions about his British citizenship at birth. Had any Republican spoken up, Hillary would be the candidate. They no doubt would have raised the race issue, claiming that we only used the seldom used natural born citizen requirement on Obama because he is partly black. It was clever maneuvering, but Obama is still ineligible.
Every congressman is complicit in willfully ignoring the Constitution, Article II. Why willfully? We know from a very recently exposed memorandum from the Congressional Research Service sent to every Congressman in the Spring of 2009 that they all know there is an issue. They were provided with blatently incorrect legal analysis, but were informed that it was Congress which is responsible for vetting presidents. They vetted McCain, but not Obama. They were asked, many if not all Conressmen, to vet Obama. Commander Kerchner sent registered letters in the Summer of 2008. The wall was already up. That is one of the issues raised in the complaint now in the docket of the Supreme Court filed by Commander Kerchner and prepared by Mario Apuzzo. ( http://puzo1.blogspot.com )
Because it's ridiculous.