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To: Bubba Ho-Tep
The law rules.

Not as far as you and your crowd are concerned, obviously.

"No person except a natural born Citizen...shall be eligible to the Office of President...."

1,055 posted on 10/08/2009 11:42:25 AM PDT by EternalVigilance (Darkness has no response to light, except to flee.)
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To: EternalVigilance
The Constitution says that the President has to be a Natural Born Citizen. It doesn't say that he has to prove it to any specified person by any specified means. Until now, every President has merely said that he is a Natural Born Citizen, and no one demanded any particular documentation from them-- no one asked Jimmy Carter or Gerald Ford or Bill Clinton to show a birth certificate.

Given the lack of any law requiring that any form of proof be shown to anyone, and the lack of any precedent for the courts to get involved in the selection of the President, the courts have consistently held so far (and I expect them to continue to hold) that whether or not Obama is a natural born citizen is an issue that cannot be decided by the judicial branch but is rather committed to the Electoral College and to the Congress when they certify the electoral votes.

It would probably be a good idea for there to be legislation requiring that someone confirm a candidate's eligibility and specifying precisely what documentation is required. But, until such legislation is passed, my prediction, speaking as a lawyer with more than 30 years' experience litigating in federal courts, is that the courts are going to refuse to hear these cases. I say this not to defend Obama, but merely to point out the reality of the legal landscape that now exists.

1,077 posted on 10/08/2009 11:55:15 AM PDT by Lurking Libertarian (Non sub homine, sed sub Deo et lege)
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