It does not appear that Roberts, Scalia, Thomas and Alito bought that argument.
The situation we are in right now is a direct and natural consequence of not enforcing other, more minor, laws. The first thing that comes to mind is immigration.
If the Arkansas? congressman is able to pass the natural born citizenship legislation, then obammy will be in trouble going forward.
It doesn’t matter who the father is....obama has a duty to represent himself accurately to voters.
Is it possible to sue the DNC? It seems they are the organization that ‘approved’ him as a candidate. If not sue michelle obama or anyone on his inner circle that knows. Make them cough up information.
Berg was right about one thing, if he was slandering or character defamation on obama then why didn’t he sue to make Berg go away?
You know what else from Switzerland inspired the Framers? Private gun ownership aka The Second Amednment. The Swiss had bows going back to William Tell.
“the Law of nations” has no standings in U.S. law, nor should it.
http://www.usconstitution.net/consttop_citi.html
Currently, Title 8 of the U.S. Code fills in those gaps. Section 1401 defines the following as people who are “citizens of the United States at birth:”
Anyone born inside the United States
Any Indian or Eskimo born in the United States, provided being a citizen of the U.S. does not impair the person’s status as a citizen of the tribe
Any one born outside the United States, both of whose parents are citizens of the U.S., as long as one parent has lived in the U.S.
Any one born outside the United States, if one parent is a citizen and lived in the U.S. for at least one year and the other parent is a U.S. national
Any one born in a U.S. possession, if one parent is a citizen and lived in the U.S. for at least one year
Any one found in the U.S. under the age of five, whose parentage cannot be determined, as long as proof of non-citizenship is not provided by age 21
Any one born outside the United States, if one parent is an alien and as long as the other parent is a citizen of the U.S. who lived in the U.S. for at least five years (with military and diplomatic service included in this time)
A final, historical condition: a person born before 5/24/1934 of an alien father and a U.S. citizen mother who has lived in the U.S.
Anyone falling into these categories is considered natural-born, and is eligible to run for President or Vice President. These provisions allow the children of military families to be considered natural-born, for example.
And you can bet the founders knew it too. Over and over we see examples where they relied on the important, contemporaneous works of the day, Adam Smith, John Locke, etc.
Vattels “Law of Nations” is THE treatise on international relations and obligations.
All of this is reasonable except this
I can not ever imagine the US Armed services Officer Core ever challenging the legitimacy of the US President as Commander In Chief.
Other than the President surrendering US Sovereignty to a foreign power it is inconceivable.
He can NOT POSSIBLY be a "natural born citizen" of the US because his father, Barack Hussein Obama Senior, was a Citizen of UK and/or Kenya.
His mother was a citizen. Nobody doubts that. Why doesn't that count?
Good grief. Drama ... catastrophe ... crisis ... national disaster ... birthers.
I wish this were true, but we all must reluctantly admit that political expediency now trumps constitutionality, and even legality.
For years politicians in border states have left the borders porous because to take any action in accordance with the constitution and the law of the land would cost them votes. Now we have a situation where the Supremes, who are supposedly immune from political considerations, will never uphold the constitution or the law because they are afraid of the race riots and/or open Islamic war that would follow a correct and proper decision.
If you actually believe that Obama was born in Kenya, all you need to do is file a suit against U.S. Department of State to release Obama’s DS-1350.
If Obama were born in Kenya, to an American mother, he would have a DS-1350.
Why not just get that document and prove to everyone that Obama was born in Kenya?
Allegiance is the key to being a natural born citizen not geographical proximity. Native born is not the same as Natural born but if you are native born your are natural born as well. McCain is not Native born but his Natural born because of the allegiance of his family as citizens. This is why this case was rejected and because Congress has the ultimate rule on eligibility. Unlike McCain Zero has not presented a BC to a court as far as we know and, hence, we do not know if he is Native born, Natural born or Kenyan born.
INDUBITABLY -- UNEQUIVOCALLY -- SO!!!
CASE CLOSED!!
STE=Q
When discussing this issue with a lib my stock question is “why won’t 0 just show the BC and settle this controversy once and for all”? I have yet to get a cogent answer.
In all seriousness, if I were to venture over to Kos or Huffy, how would they explain 0’s reluctance?
The resolution of all this seems so simple to me.
If this definition of Natural Born is true it is too bad that they did not know it before the election. We could have been spared the 7,000 Obamba was born in Kenya threads.
bttt
1. Here we are, the American public, crawling on our hands and knees begging the Supreme Court to please, please do something about this Obama eligibility mess, but the Supreme Court---for some unknown reason--- is completely, utterly silent on the issue, as if it didn't care what happened to the United States in the next four years during the first term of the mysterious ghost President Obama.
2. I mean, how hard is it for the Supreme Court to tell Obama to simply produce his long form Hawaii birth certificate---the one with the doctor and Hawaii birth hospital names on it---in order to prove that he is eligible to be president under the laws of the U.S. Constitution?
3. Doesn't the Supreme Court realize that when it looks around, it has no legal document in hand that proves that Obama was born in Hawaii?
4. Doesn't the Supreme Court realize that no state---outside of Hawaii---has ever seen Obama's long form birth certificate, the one with the doctor and Hawaii birth hospital names on it?
5. My God, Supreme Court. The least you could do is hear oral arguments as to why Obama is fighting so hard NOT to produce his Hawaii long form birth certificate---the one with doctor and Hawaii birth hospital names on it---in order to prove that he, Obama, is eligible to be president under the laws of the Constitution of the United States.
6. NOTE to the Supreme Court: Doesn't it bother you that not a single Hawaii hospital has come out publicly and announced that Obama was born there, if, as Obama claims, he was born in a hospital in Hawaii on Aug. 4, 1961?
"The natives, or natural-born citizens, are those born in the country, of parents who are citizens."
I think more precise would be:
The natives, or natural-born citizens, are those born IN -- OR OF -- the country, OF parent(S) who are citizens OF said country.
The intent is the 'natural born' citizen is NOT as likely to enjoy an allegiance to a foreign power as a naturalized citizen might.
The bottom line is the President is forbidden from having ANY sense of dual loyalty.
The concern of the framers was that a foreign power could come into the country and perhaps through intermarriage with a citizen, or even naturalization, install a President and thus rule by proxy.
There was even a concern when JFK ran of President that -- because he was Catholic -- he would be taking orders from the Vatican, in Rome.
… Of course JFK was fully qualified as a 'natural born' citizen, under the constitution.
The point is the President must not under ANY circumstances be in the pocket of a foreign power.
This is what makes Obama's strange and aberrant behavior in regard to his 'vital' documents -- including his vault birth certificate -- so alarming.
It's really a question of sovereignty.
Once the sovereignty of the country is lost, in what hands will the sovereignty (freedom) of 'the people' rest?
STE=Q
This might help...long but informative...see Argument section:
Smmary Of Arguments
December 10, 2008
Broe v. Reed
Washington State Supreme Court
Cause No. 8-2-473-8
[…]
Many of the cases challenging Sen. Obama’s citizenship status have been dismissed for “lack of standing.” Plaintiffs in Broe v. Reed claim standing pursuant to the authorization given them by the legislature of Washington in RCW 29A.68.020(2). This statute creates standing for Plaintiffs to challenge the election of a candidate who has been elected but was ineligible at the time of his election to run for the office.
[...]
Federal Law, Article II, Section I of the United States Constitution provides: No person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President; neither shall any Person be eligible to that Office who shall not have attained to the Age of thirty-five Years, and been fourteen Years a Resident within the United States.
[…]
ARGUMENTS
Barack Obama is ineligible for the office of the presidency because he is not a “natural born citizen” of the United States.
Article II, Section I of the United States Constitution provides:
No person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President; neither shall any Person be eligible to that Office who shall not have attained to the Age of thirty-five Years, and been fourteen Years a Resident within the United States. “Natural born citizen” means a person born in the United States to parents that were both citizens, and to children born out of the United States to parents that were both citizens, provided that no citizenship would be allowed for a person whose father was not a resident of the United States. Act to establish an uniform Rule of Naturalization, First Congress, Sess. II, Chapter 3, Section I, approved March 26, 1790, 1 Stat. 103.\
Compare with the Fourteenth Amendment: All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. “Natural born citizens” continues to mean a person born in the United States to parents that were both citizens, and arguably to people born outside of the United States to parents who were both citizens, provided that the father was a resident of the United States. The Amendment also provides that persons “naturalized” and subject to the jurisdiction thereof, are citizens [not “natural born citizens”].
THEREFORE, at the time of the Fourteenth Amendment, you were either a “natural born citizen” or, if you had citizenship, it was obtained through a process of naturalization, as established by federal Acts of Naturalization, Immigration and Nationality. A child born overseas, of an American citizen and a foreign national is not a “natural born citizen,” and the child’s citizenship can only be established by a process of naturalization.
A child born in the United States of an American citizen and a foreign national is also not a “natural born citizen” if the child obtained citizenship of another nation automatically at the time of his birth.
The British Nationality Act of 1948 (Part II, Section 5): “Subject to the provisions of this section, a person born after the commencement of this Act shall be a citizen of the United Kingdom and Colonies by descent [italics added] if his father is a citizen of the United Kingdom and Colonies at the time of the birth [italics added].” The legislative history of the phrase “and subject to the jurisdiction thereof” meant, according to the authors of the Fourteenth Amendment, exclusive jurisdiction. A subject of the British Crown, for instance, could claim that jurisdiction was proper only under the Crown.
Barack Obama has failed to establish that he is an American citizen. Barack Obama readily admits the following facts: 1. He was born in 1961. 2. His mother was an American citizen. 3. His father was a Kenyan citizen.
To establish American citizenship, Sen. Obama must prove one of two things:
1. He was born on American soil, and was not subject to any other jurisdiction;
2. He was naturalized pursuant to the immigration laws of the United States.
At the time of his birth, he was automatically a British citizen, pursuant to the The British Nationality Act of 1948 (Part II, Section 5). Consequently, the United States did not have exclusive jurisdiction, and he is disqualified from automatic citizenship under the Fourteenth Amendment. He has failed to demonstrate that he was actually born in Hawaii.
Barack Obama has submitted the following to establish his birth in Hawaii:
1. A Certification of Live Birth (not a Certificate of Live Birth) purportedly from the state of Hawaii;
2. The affidavit of an Hawaiian official who claims that he has seen a “birth certificate.”
While these may be legally sufficient to register a birth in Hawaii, neither is sufficient to establish that he was born on American soil.
Hawaii, under HRS 338-17.8 allows for the registration of births to parents who gave birth while living without the Territory or State of Hawaii [emphasis added] and who declare the Territory or State of Hawaii as their legal residence for at least one year immediately preceding the birth or adoption of such child.
Because HRS 338-17.8 exists, a Certification of Live Birth in the form provided by Barack Obama is insufficient to establish native birth. Instead, he must produce a Certificate of Live Birth, which sets forth his name, his mother’s name, his father’s name, the hospital where he was born, the attending physician, and which includes his mother’s signature, the attending physician’s signature, and the signature of another witness.
As a matter of law, there is no official Hawaiian “birth certificate” – there is only the Certification of Live Birth, and the Certificate of Live Birth.
As of the present moment, Barack Obama has not produced a single piece of evidence demonstrating that he was born on U.S. soil. Even his birth announcement in the Hawaiian press is inconclusive, given that he was born in August of 1961, and the article was published in August, 1962, and at that time, his father was already back in Kenya.
Corroborating evidence as to his birth and citizenship allegiances could be established by the production of his passport, and his college transcripts, none of which can be obtained because Barack Obama has hired several law firms to make sure that such records remained sealed.
In the meantime, informal polling of the hospitals in Hawaii have received responses from all of the hospitals in Honolulu reporting that they have no records for Stanley Ann Dunham, Barack’s mother, or Barack Hussein Obama. On the other side of the world, however, Barack’s paternal grandmother has stated that she was present at his birth in the Coastal Hospital of Mombasa, Kenya. The Kenyan Ambassador to the United States has said that a memorial is being placed at the site of Barack Obama’s birth in Mombasa, Kenya.
In addition, because Barack Obama was adopted by his mother’s second husband, Lolo Soetoro, he obtained Indonesian citizenship as well. Because of his multiple citizenships, Barack Obama does not have automatic citizenship under the Fourteenth Amendment to the U.S. Constitution. Barack Obama has never demonstrated that he was naturalized as an American citizen, which requires a residency period, a test, and an oath of allegiance.
Barack Obama is not qualified under 8 U.S.C. §1401(g). In 1986, Congress amended the statute, replacing the phrase “ten years, at least five” with “five years, at least two.” Pub. L. No. 99-653, § 12, 100 Stat. 3655 (1986), now codified at 8 U.S.C.§ 1401(g). The 1952 Immigration and Nationality Act also replaced the “residence” requirement, found in the earlier Nationality Act of 1940, with a requirement of “physical presence” for transmission of citizenship to a child born abroad. See Drozd, v. Immigration and Naturalization Service, 155 F.3d 871 at 87( 2nd Cir.1998) (citing to the Nationality Act of 1940, ch.876, § 201(g), 54 Stat. 1137, 1139). That change in language “compel[s] a strict adherence to the plain terms of the Act.” Id. Further, the change from “ten years, at least five” years to “five years at least two” applies only to those born after 1986. U.S. v. Flores-Villar, 497 F. Supp. 2d 1160, 1162-64 (S.D. Cal. 2007) aff’d, 536 F.3d 990 (9th Cir. 2008). The amendment had no retroactive application that would change the legal analysis for Senator Obama.
Barack Obama did not qualify for automatic citizenship under the INA of 1952. Barack’s mother gave birth at age 18. The INA of 1952 simply disqualified children that were born to mothers who were less than 19 because of the five years of continuous residency requirement after age 14. Because Sen. Obama has not established that he was born in the United States, he cannot claim automatic citizenship, and can only establish his citizenship by means of naturalization (process described above). There is no record of Barack ever naturalizing as an American citizen.
BARACK OBAMA HAS NEVER ESTABLISHED THAT HE IS AN AMERICAN CITIZEN. Barack Obama did not run under his legal name Barack Hussein Obama is not the legal name of the candidate, and Sen. Obama has failed to produce any evidence of a legal name change from Barry Soetoro to Barack Hussein Obama. Sometime in the 1960’s, Barack was adopted by Lolo Soetoro, and obtained the legal name Barry Soetoro and Indonesian citizenship. When a person is adopted, a new birth certificate issues in the name of the adopted father, establishing the legal name of the child in the name of the father, and establishing the citizenship of the child in the citizenship of the father. Barack Obama has never produced a single piece of evidence demonstrating a legal name change from his adopted name Barry Soetoro to his name at birth, Barack Hussein Obama. Obama is in direct violation of Washington statute RCW 29A.24.060(3), which provides that “no candidate may . . use a nickname designed intentionally to mislead voters.” Barack Obama’s candidacy is a violation of WAC 434-215-012, which requires that declarations of candidacy contain the following affirmation:
I declare that this information is, to the best of my knowledge, true. I also swear, or affirm, that I will support the Constitution and laws of the United States and the Constitution and laws of the State of Washington. Senator Obama either failed to sign such a document, or has misled the Secretary of State as to the affirmation in paragraph 2 of the required Declaration of Candidacy which declares that “and, at the time of filing this declaration, I am legally qualified to assume office if elected.”
A Natural Born Citizen is what Barack Hussein Obama ISN'T!
The first ILLEGITIMATE Black Illegal Alien Anchor Baby President.