Posted on 04/09/2010 4:27:11 PM PDT by EveningStar
It's guts ball time for an Army surgeon who has vowed not to deploy to Afghanistan with his unit unless President Obama provides evidence that he's a "natural born" citizen of the United States.
In response to previously published statements by Lt. Col. Terrence Lakin, the Army presented an official letter of counseling that directs him to report to Fort Campbell, Ky., on April 12 to begin deployment preparations with his unit.
(Excerpt) Read more at military.com ...
Lt Col Lakin may be mistaken in his belief that he will be able to subpoena Obama’s birth records to defend himself.
But I have difficulty understanding how any rational and intelligent person could possibly believe that Obama is constitutionally eligible to serve as President. He clearly is not. Apart from the likelihood that Barry was born in Mombasa, Kenya, his father at the time of his birth was quite certainly a citizen of the British Empire.
The only argument I can see that might possibly convince an honest judge is that Obama’s eligibility is a political matter to be decided only by Congress.
NBC is indeed a term not defined in the Constitution. Neither are: Militia, arms, people, welfare, commerce, defense, or State defined. For those we must look at the references which show the definitions of the day, ones to which the Founders had access, just as someone today might look in a Dictionary to find the definition of "is".
When one looks at the definition in Vattel's and regards that Obama was a British Subject due to his Father's citizenship status, even the claim of dual citizenship is not enough to pass muster as a Natural Born Citizen, without conflicting loyalties.
If Lakin gets no satisfaction in a military court, he certainly would have standing to bring a suit against Obama for wrongful dismissal.
That was a civilian judge, this would be a Court Martial, composed of a board of officers, none of which are likely to be lawyers, and most of which, given his command, may be doctors. Doctors are not overly happy about Obamacare, probably not even military ones.
A lot would depend on just who those officer are. Unlike a civilian jury, who must just sit there and listen to whatever the lawyers wish them to hear, the Court can ask questions, and require evidence or people to be produced.
So why do they, the courts, seem so darned reluctant to do that, one way or the other?
But it is a fact, a historical one, but just not a legal one, yet.
But I have difficulty understanding how any rational and intelligent person could possibly believe that Obama is constitutionally eligible to serve as President. He clearly is not. Apart from the likelihood that Barry was born in Mombasa, Kenya, his father at the time of his birth was quite certainly a citizen of the British Empire.
The only argument I can see that might possibly convince an honest judge is that Obamas eligibility is a political matter to be decided only by Congress.”
First off, I think there is almost no chance Obama was born in Kenya. The mere idea of a woman who had never been to Kenya in her life deciding, in late pregnancy, to complete a journey arduous by the logistics of plane travel at that time is pretty absurd. There is no meaningful evidence to support that proposition, simply the desire that it be true.
Second, why do you believe that having a foreign national father makes his non-NBC status obvious to any rational observer? An actual American Court in the state of Indiana stated last year that argument was incorrect. There is a clear legal and historical case for foreign national children born here being considered NBCs that has been noted at length in an actual Supreme Court decision (on another subject). The 14th Amendment provides a conceptual basis for recognizing no distinction between a child born here with two citizen parents and a child born here with one foreign national parent. Now that doesn't all have to mean that you are wrong, but it certainly means there is a rational basis for disagreement.
1 Certified copy of original birth certificate
2 Columbia University transcripts
3 Columbia thesis paper
4 Campaign donor analysis requested by 7 major watchdog groups
5 Harvard University transcripts
6 Illinois State Senate records
7 Illinois State Senate schedule
8 Law practice client list and billing records/summary
9 Locations and names of all half-siblings and step-mother
10 Medical records (only the one page summary released so far)
11 Occidental College Transcripts
12 Parents marriage Certificate
13 Record of baptism
14 Selective Service registration records
(Did Obama Actually Register for Selective Service?
This supposed revelation of 0's SS records has been debunked here and here.)
15 Schedules for trips outside of the United States before 2007
16 Passport records for all passports
17 Scholarly articles
18 SAT and LSAT test scores
19 Access to his grandmother in Kenya
20 List of all campaign workers that are lobbyists
21 Punahou grade school records
22 Noelani Kindergarten records are oddly missing from the the State of Hawaii Department of Education.
23 Page 11 of Stanley Ann Dunham's divorce decree.
24 Why isn't Barack Obama still a member of the Illinois bar and where are all of the relevant documents?
25 Why isn't Michelle Obama still a member of the Illinois bar, after only about four years of practice, and where are all of the relevant documents?
Anyone who cares about their country would be very concerned that a POTUS had hidden every scrap of information of his life that he possibly could.
No chance? None at all? It never happened? No way?
BBC via a Nairobi newspaper said Obama was born in Kenya:
What makes you think she started off in "late" pregnancy? She did not enroll for classes at U of Hawaii for the spring '61 semester. The marriage took place in February. She could have left anytime after that. August is a long time from February.
So why do they, the courts, seem so darned reluctant to do that, one way or the other?
But it is a fact, a historical one, but just not a legal one, yet.”
First, courts are not oracles. They're not like King Soloman, where you just show up with some issue for which you want a decision. The issue has to be framed in a legally actionable way. Every court to date has ruled the briefs presented are not, which would lead an impartial observer to conclude that maybe they know what they're talking about. However, one court in Indiana did directly address the question and stated that Obama was a NBC.
Second, it is likely the Supreme Court has passed on the opportunities presented to review this issue because they consider it settled. See the previously mentioned Indiana case, which quoted extensively from a Supreme Court decision that, while not explicitly making an NBC determination, stated a legal and historical basis for why any child born here would be a NBC.
Respectfully, that is your opinion. That is all it will be until a Court validates it. With sympathies for your frustration, I do not believe any Court will ever do so.
That stuff is so tired. Yes, some newspapers here and there have stated Obama was born in Kenya, most with retractions printed thereafter. A vastly greater number of searchable references identify his birthplace as Hawaii, without retraction, because the available evidence supports that premise.
Ummm... the undocumented alien in the oval office is a moonbat. I've never seen an issue so effective in getting people to reveal their real colors here on FR.
Of course, Lakin's whole point was to force a court martial. That, at last, will open the discovery process. You may also bet that this is, at this point, what the military wants - it is a straight way to get the alien menace out.
That we had a chief justice under FDR who tried to do what Obama has thus far managed to do, Charles Evens Hughes running against Woodrow Wilson, shows that chicanery at the highest levels is not unusual. Ironically, a future AG under FDR wrote the eloquent analysis supporting the ineligibility of Hughes. Then, Hughes wrote the decision in Perkin v. Elg which referred to Minor v. Happersett, confirming the Vattel definition - “born in the country of citizen parents.” Hughes, like Obama and Chester Arthur, had a British citizen for a father.
Is it all a game played by the elite? The Constitution keeps the serfs feeling secure enough to produce the wealth which a cabal oversees? The Constitution is being undermined, whether or not our legislature or our conservative media will even discuss the issue. The issue is weakening the influence our conservative voices have. Mark Levin endorses an AG for California who will challenge Orly Taitz, but doesn't have the courage to name her. We will see if this candidate will answer the simple question “What is the Constitutional definition of natural born citizen?” If he vacillates, we should pay no attention, in spite of all the resources he will no doubt garner.
A vastly greater number of searchable references identify his birthplace as Hawaii,
Oh, you mean the liberal clowns who run the media doing revisionist history.
Of course, Lakin’s whole point was to force a court martial. That, at last, will open the discovery process. You may also bet that this is, at this point, what the military wants - it is a straight way to get the alien menace out.”
Just a question. Will you rethink your premise once this prediction turns out to not be true, which is as close to guaranteed as human events can be?
I freely admit that I will reconsider my premise should your prediction pan out.
Was Obama sworn in by the Chief Justice? I believe so...
Has ANY case been found to have merit? I thought not...
The military is outside of politics. Let someone else fight it out. Until then, the military needs to assume someone who won the vote, the Electoral College, and is accepted by the Congress and the Supreme Court is, indeed, the lawful President.
There is nothing unlawful about a deployment order. Obey it, or be punished. Or put in your papers and retire ASAP, although he would have had to do that as soon as Obama was elected, since it takes 6 months to retire.
A vastly greater number of searchable references identify his birthplace as Hawaii,
Oh, you mean the liberal clowns who run the media doing revisionist history.”
So you admit you believe only those media sources which substantiate your personal world view? Facts are, therefore, ideological to you?
There isn’t a chance in hell that a court would throw out of office a man who won the popular & Electoral College votes. At most, it would be handed over to Congress for them to decide if he should be removed.
I agree, But I don't think it would ever get there, because, absent proof Obama was not born in the US, I think any court would declare him an NBC for the exact same reasons the Indiana court specified last year, with maybe a 14th Amendment argument tacked on.
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