Judges evade Obama birth-certificate query

WND ^ | July 25, 2010 | Bob Unruh

[RobinMasters]

Judges on the 3rd U.S. Circuit Court of Appeals suddenly have abandoned plans to assess damages against an attorney whose clients are challenging Barack Obama's eligibility to be president after he argued that if there was to be punishment, he would have the right to know whether the defendants could have mitigated their injury by publicly releasing Obama's birth documentation.

The decision came from Judge Dolores Sloviter in the Kerchner vs. Obama case handled by attorney Mario Apuzzo. The court had ordered Apuzzo to explain why defense costs shouldn't be assessed against him for the "frivolous" appeal.

However, her newest order denied Apuzzo's request to reconsider the case and stated "based on Mr. Apuzzo's explanation of his efforts to research the applicable law on standing, we hereby discharge the Order to Show Cause."

The case was filed against Obama, Congress and others just before Obama was sworn into office, arguing that Obama was a British subject and not a U.S. citizen.

[Maximum Leader]

There’s no requirement for US Soil (besides John McCain born in Panama, George Romney— Mitt’s dad— ran for President and he was born in Mexico to American parents). And the law imposes no requirement for two parents who are citizens. Even if the President was born in Kenya since father was a bigamist, he was born out of wedlock. There the President was a Natural born citizen because, per the code cited above, his mother was a US citizen who had lived for at least a year in the United States.

Unless you start making up your own version of the United States Code, you cannot find a statutory requirement for both parents of a President to be US citizens nor is there a requirement that his birth occur on US soil. Unless you can prove Obama, Sr. divorced his first wife (still alive when the President was born) before his marriage to the President’s mother, then even if the President was born overseas, he takes citizenship through his mother, period.

While you’re digging through Kenyan family law records, try to dig up a Kenyan birth certificate for the President while you’re at it. Hawaii is up 1-0 with its certificate of live birth. Right now, that’s the best evidence of the location of the President’s birth.

[Red Steel]

That’s not going to fly. Obama still received A British/Kenyan citizenship at birth from his father in wedlock or not, and if he was born in Kenya also by soil. A statute is not going to change those facts. And no US statute passed by Congress, which is another form of naturalization, can convey natural born citizenship onto a person.

[Maximum Leader]

It doesn’t mater what citizenship he received at birth. Woodrow Wilson was a British subject through his English mother, that didn’t take away his American citizenship, nor would Obama lose his citizenship by whatever citizenship he had because of his father.

And you actually have it backwards, the Supreme Court has ruled that no American can lose their citizenship unless they take concrete actions as an adult that must be done overseas*. No Act of Congress (or Kenyan Parliament) can change that. And since Obama had citizenship at birth, he’s a natural born citizen. A naturalized citizen is someone who applies for US citizenship, passes the background check and citizenship exam and takes a citizenship oath. Obama was never required to do that, nor is any other natural born citizen. In fact, I’d go so far as to speculate that because Courts treat adopted children in every respect like biological children (even typing in the adoptive parents name on a new birth certificate), its likely an adopted child of US citizen parents is a natural born citizen since they take US citizenship automatically as soon as the adoption is final (no naturalization process for them either).

Of course, that issue has never been tested in court, so who knows. As for Obama, whether born in Hawaii or Kenya, he’s a natural born citizen and though I didn’t vote for him, he is the President of the United States.

*To quote the State Department, “a person who is automatically granted another citizenship does not risk losing U.S. citizenship... Americans can renounce U.S. citizenship in the proper form at U.S. embassies and consulates abroad.”
http://travel.state.gov/travel/cis_pa_tw/cis/cis_1753.html

[Red Steel]

And you actually have it backwards, the Supreme Court has ruled that no American can lose their citizenship unless they take concrete actions as an adult that must be done overseas*.

I don't have it backward. I stated the facts. I didn't say Obama lost any US citizenship if he had one at birth in the first place. If he was born overseas, say in Kenya, and it was out of wedlock, that allowed citizenship to be passed onto him because of US law. It is a statute passed by Congress. Congress does not have the ability to instantly make natural born citizenship by law. Natural born citizenship, in simple terms, happens naturally where no laws are needed because their is no question of the allegiance or citizenship of the child. This isn't hard to understand, but it sure seems to be.

It doesn’t mater what citizenship he received at birth. Woodrow Wilson was a British subject through his English mother, that didn’t take away his American citizenship, nor would Obama lose his citizenship by whatever citizenship he had because of his father.

Wilson was not a British subject. Woodrow Wilson's mother and father were both US citizens when he was born (1856) inside the United States, therefore, he was a natural born citizen. He had two US parents. It doesn't matter if the mother was born in another country, it only matters that she was a US citizen. Wilson's mother received her US citizenship upon marriage because of an 1854 US statute.

[Maximum Leader]

Unless the Courts throw out a congressional statute on constitutional grounds, it IS the law, and Congress can give or withhold citizenship to whomever they wish, instantly or otherwise. By the plain language of the statute, Obama would receive citizenship through his mother. If that’s unconstitutional, the Supreme Court could have thrown the law out and they didn’t. “Natural born citizenship” doesn’t happen naturally like childbirth itself or a solar eclipse, its a legal term that Congress writes procedural laws to enact, if you don’t like them, write your congressman.

Since newborns make poor soldiers and inefficient spies, there’s no question about a child’s allegiance— if his mother holds a US passport, there’s no question about his citizenship, he gets a US passport. and he doesn’t have to wait till he can read and fill out a naturalization application to get it.

As for Wilson, he still could have taken British citizenship, since whether Britain (or Kenya) gives citizenship is based on their own laws, not US laws. And the US courts don’t care. Dual citizenship cannot remove a child’s instant, automatic US citizenship granted by statute.

[noinfringers]

I think I see your reasoning as to BHO being born out of wedlock because his father(no dispute) was a bigamist and as such there was no wedlock by USA law. With this condition why was it necessary for BHO’s mother and father to get a divorce in a Hawaiian court? Also I think that there are substantial arguments that the immigration code you cite does not give status as ‘ natural born citizen’ as contrasted by general citizenship cited.
These parts of our Constitution have particular meaning because my brother and I as vets of WWII (brother KIA) could not be POTUSA because parents were not citizens though I and my brother were born in the USA and very proud to have been.

[little jeremiah]

I’ve spent too much time reading the research of freepers who post quotes and sources and contemporaneous supportive context to place any credence whatsoever in your assertions (which are devoid of any such citations).

In fact, many of your assertions are completely wrong on their face. You are mixing up “citizen” and “natural born citizen” as they are not synonymous. I assume others have corrected you and I hope you pay attention, since your ignorance is lending support to the usurper.

[little jeremiah]

I’ve had a TV about 2 years my entire adult life.

News - internet.

Entertainment - walking outside with cats, playing guitar, reading books, etc etc etc

TV is allowing demons to get in your mind and destroy it.

[1234]

The father was known....

gotta examine BC for this.

[1234]

...Obama retook the oath on January 21st, with the correct words, but no Bible. That oath was valid because it matched the text in the Constitution.

PLS.: witnesses? video?

[bvw]

Immigration code? That’s not the law for “natural born citizen”, dear.

[philman_36]

Ask Donald Young.
That's going to be a little hard to do...
Choir conductor found murdered
And yet, before his death , Donald Young succeeded mightily. He was a choir conductor at Trinity United Church of Christ for many years.

[MamaTexan]

his father was already married to another woman, which meant his parents had a bigamous void marriage

His mother divorced his father despite the fact a charge of bigamy could have had the marriage annulled in Hawaii at any time since that state has no time limitations on annulment for bigamy.

Since his mother forced Bammy's parentage to be been entered as legal fact in a court of law in order to prevent him from being illegitimate, the Obama-is-American-because-his-daddy-was-a bigamist argument won't work.

[roaddog727]

Behaving just like every other member of the Judicial branch that has “dealt” with ZERO eligibility issue - run away and ignore the merit of the complaint.

[Uncle Chip]

Apuzzo said it is "self-evident" under the Constitution that "anyone aspiring to be president has to conclusively prove that he or she is eligible to hold that office. Part of that burden is conclusively showing that one is a 'natural born citizen.' Hence, the citizenship status of Obama is critical to the question of plaintiffs having standing, for it is that very statute which is the basis of their injury in fact."

"At this time he was still a private individual who had the burden of proving that he satisfied each and every element of Article II, Section 1, Clause 5. That plaintiffs filed their action at this time is important for it not only sets the time by which we are to judge when their standing attached to their action against Obama, Congress and the other defendants … but also to show that Obama has the burden of proof to show that he is a 'natural born citizen' and satisfied the other requirements of Article II," Apuzzo wrote earlier.

"At no time in these proceedings or in any other of the many cases that have been filed against him throughout the country has Obama produced a 1961 contemporaneous birth certificate from the state of Hawaii showing that he was born there. ... We must conclude for purposes of defendants' motion that since Obama is not a 14th Amendment 'Citizen of the United States' let alone an Article II 'natural born citizen,' he is not eligible to be president and commander in chief. Not being eligible to be president and commander in chief he is currently acting as such without constitutional authority. It is Obama's exercising the singular and great powers of the president and commander in chief without constitutional authority which is causing plaintiffs' injury in fact," he wrote.

Well said, Mario. This needs to be said again and again until the heads of the Obamabots who litter this forum and the countryside implode from their usual prefabrications and equivocations.

[Uncle Chip]

Where is the Bible??

And where are the witnesses???

[Uncle Chip]

3. President Barack Obama said Thursday that being American “is not a matter of blood or birth,” but by faith. Nowhere in the United States Constitution, Title 8 or the 14th Amendment are you a citizen of the United States by ‘faith’?

Yep --

[Menehune56]

if ever proved it will be worse than that— that means american soldiers died under a foreign illegal prez and a illegal war-(not to mention spending all of americas funds)- lots of peeps will have commited treason.. now that will be bad

The entire ruling class continue to pooh-pooh the eligibility issue so if something starts gaining serious traction, look for Obama to suddenly resign or otherwise be removed from office for health reasons. At that time our rulers will all join hands and agree to support Joe Biden in his difficult task of reuniting the country. The truth will probably never be admitted.

[LorenC]

You have a recording of this? Were the specified words spoken?

Yes and yes.

[lucysmom]

What is it about discovery that is so frightening to so many judges?

Judges have to play by established rules too. Its a rule of law thingie.

Perhaps in Orly's USSR judges could make up the rules as they went along, but we don't do that in the US.