Friday, August 22, 2008

Eligibility Goes Beyond Citizenship

by Jeff Schreiber
America's Right.com

I don't know if the allegations found in Philip Berg's civil action are true. I did not sever Barack Obama's umbilical cord, I do not know anyone who did, and therefore I cannot know for sure absent more than circumstantial evidence whether or not Stanley Ann Dunham opened wide and gave birth to the Illinois liberal in Kenya, in Hawaii, or elsewhere.

Perhaps we can look into the destination for mass shipments of gold, frankincense and myrrh in early August of 1961. Or perhaps we could just ask Keith Olbermann -- I'm sure he has a framed photograph of the blessed event.

What I do know is that, when the United States Constitution was penned mere steps from where Berg's lawsuit was filed yesterday afternoon, those imperfect but brilliant gentlemen who wrote the fifth clause of Article II, Section 1 established the trio of specific eligibility requirements--citizenship, age and residency--in hopes of increasing the probability that the elected officials who were to assume the presidency in years to come would be of sound mind, of good judgment, and in possession of a soul rooted in an undying love for America.

It was important to those courageous men that the future leaders of their fledgling nation understand what it means to be an American. Every clause in that document is there for a reason, each a lesson learned from fresh wounds of tyranny gone but not forgotten, and the framers made a point to require that, at the very least, a potential president must have been a citizen of the United States "at the time of the Adoption of this Constitution." Unfettered, undivided devotion and loyalty to America was of the utmost concern; simply put, only those who fought and bled for Her independence, or at the very least understood the meaning behind, need for and potential of this great experiment could be trusted with its charge.

Regardless of whether Barack Obama was born in a hospital in Honolulu or a hut in Kenya, the real question brought forth by Philip Berg's civil action, to me, is not one of constitutional eligibility but rather of moral and intellectual and even ideological qualification.

Barack Obama's actions show a penchant for blaming America first and placing Her needs second. His associations show that no unimaginably awful deed goes unrewarded, that the want for friendship, appeasement and superficial detente overshadows the need for a firm grasp on reality and unapologetic employment of common sense. His aspirations make us believe that we can live our lives blameless for societal and economic ills, and that centuries-old blood feuds can be solved with a handshake and conversation over coffee and a chilled plate of arugula.

John McCain, wrong on so many issues, was 100 percent right on Wednesday when he stated that he never questioned Obama's patriotism, only his judgment. At a time when the United States faces unprecedented threats from every angle, within and without, at a time when Congressional malfeasance--or, in the case of Pelosi's House and the energy crisis, nonfeasance--could have disastrous effects for decades to come, sound judgment is of the utmost importance.

For our founding fathers, unflinching patriotism, unassailable public virtue and unflappable judgment were inherent among those who helped to establish the United States of America, whether on the battlefield in Trenton or in Congress in Philadelphia, as those who were citizens "at the time of the Adoption of this Constitution" knew why they were there, what America was about, and why She was so desperately needed.

Regardless of whether he was born in Kenya or in Hawaii, regardless of whether his birth certificate is his half-sister's or his own, or whether he went by the name of Barack Obama or Barry Soetoro, this self-proclaimed "Citizen of the World" has much to learn about what it truly means to be an American.




RELATED ITEMS:

The America's Right story which started it all: Obama Sued in Philadelphia Federal Court on Grounds he is Constitutionally Ineligible for the Presidency

America's Right interview: A Conversation with Philip Berg, Esq.

America's Right commentary: Is this For Real, and Why Hasn't the Mainstream Media Covered it Yet?

See periodic updates at America's Right.com (Click HERE)



27 comments:

Anonymous,  August 22, 2008 2:35 AM  

Jeff, if "sound judgment is of the utmost importance" then why elect Bush for two terms? He bled America dry by invading Iraq based on lies.

Also please note "sound judgment" is not a constitutional issue and the court should throw out the suit if it hinges on sound judgement alone, as it is frivolous.

McCain was born in the Panama. Why is this not an issue?

American Daughter August 22, 2008 5:26 AM  

This is a perfectly written article, and every word resonates with my family traditions. My ancestor fought in the Revolution, and generation after generation those ideals were passed from mothers to daughters in our family. The feelings are still as fresh as when my 6-times-great grandfather took his gun off the bracket over the fireplace and went to muster.

"Get off my Lawns" McCain,  August 22, 2008 5:48 AM  

Hmmm... the author presents the oft-repeated speculations, allegations, and even hints of libel commonly leveled against Obama, in hopes of painting an old, forgetful, mean, and warlike - besides deep-down-stupid - McCain as a candidate suitable for more than puppy euthanasion technician.

This article represents the highest in "Ghayness" and an overall style of "Whank".

karen August 22, 2008 8:24 AM  

jeff..this article comes across as an act of desperation . a desperate attempt~

Anonymous,  August 22, 2008 9:00 AM  

What a pathetic and desperate attempt to keep this man from the Presidency. You need a life.

Anonymous,  August 22, 2008 9:35 AM  

Oh gee lets see. Obama has been going around the world with a valid passport. I wonder what you need to get one of those? Oh yes that is right a birth certificate. You blockheads will believe any lunatic assertion no matter how far fetched. I know why don’t we sue Obama to get him to give a sample of his DNA to prove he is in fact human and not a reptile-human hybrid

Anonymous,  August 22, 2008 10:11 AM  

He's only ineligible if you redefine ineligibility to suit your own purposes. You cited the constitution and then created a non-constitutional definition. LAME.

Anonymous,  August 22, 2008 10:12 AM  

Answering the comment made earlier about McCain not being born in the USA. Let it be known that his father was on Active duty for the US Military when he was born which makes him a 100% American citizen

not a dem anymore August 22, 2008 11:02 AM  

I don't know if it is true or not but Fact Check had new pictures of his COB yesterday claiming it is real again....strange he has this right after he comes back from his trip to Hawaii.

I hope this law suit does some good, Obama has no idea how America feels, what we believe,...he does have so much to learn about our country.

Scott August 22, 2008 11:31 AM  

Jeff,

Nice compilation of words. It's always interesting when one uses the revolution to stir the patriotic pot.

I know it really warms the hearts of all those silly Native Americans who still think those old white guys in your picture were illegal aliens, (see the Iroquois Confederacy & the Five Civilized Nations).

As noted by another poster, Annenberg's FactCheck.com dispelled this ridiculous rumor yesterday.

You might want to do a little back-story analysis before climbing into dirty pool water yourself.

Papa Ray August 22, 2008 12:18 PM  

Most of you can't see the forest for the trees.

It makes no difference if Obama (or Soetoro) is a legal resident of the United States or was legally born in the U.S.

What makes the difference is what happened between his birth and now.

But even if everything is ok, and the Jooes and the religious right won't have their way in determining or spoiling Obama (The ONE) legal right to run for the office of the President of the United States...

The facts show that Obama is not a "Real" American as defined by over half of this country-The United States.

Also the fact that Obama is trying his best to keep his past a secret and that he won't /isn't helping his poor half-brother or the school that he promised to help, but has since ignored or forgotten.

Or the fact, that he is tring to cover up or exempt all the lies that he has been caught in the last three years.

But, does it really make any kind of real difference?

Not really, because over half of the American public only takes their sound and visual clues from the major tv channels, and they are all for Obama "The One".

They don't even try to hide it.

So much for the intentions of our Founding Fathers.

Papa Ray
West Texas
USA

AmericanMe,  August 22, 2008 2:08 PM  

Papa Ray,

My sentiments exactly

My objections to, and lack of trust in, Obama are rooted in what he stands for; spurious arguments regarding his citizenship are counter-productive and distractive. Obama has proven time and again he is not a champion of America or her citizens, and for that reason alone is not qualified to be president. I have no doubt, again based on his past actions and stated goals, he would fail even more miserably than Bush to defend and protect [our country] from all enemies, both foreign and domestic. He, and McCain, are the worst possible candidates for the highest office in the land; neither should be nominated or elected. Unfortunately, most of "we the sheeple" only believe what they are told to believe by the main stream media and the disciples/minions of anti-American organizations such as the Ford Foundation.

Wake up America, do not vote for either party, vote for a true constitutional independent such as Dr. Alan Keyes or Dr. Ron Paul- write one in if necessary, but stop believing the lies of the corporate and special interest-owned main stream media........

AmericanMe

Anonymous,  August 22, 2008 2:15 PM  

Most of the posts on this topic reveal that America is experiencing a perfect storm of ignorance, apathy, and propaganda.

I don't want to hear a single Americunt complaining after the upcoming "election"...you'll get exactly what you so richly deserve.

Anonymous,  August 22, 2008 2:30 PM  

You are ridiculous!!! And a SAD, sadist. Get a life will you.

April Clark August 22, 2008 2:43 PM  

Jeff - we can only pray that there continue to be more of "us" than of "them." Well said, my friend. Keep the faith, and don't let the morons get you down!

Anonymous,  August 22, 2008 3:41 PM  

You don't need to be a "Natural BORN Citizen" to get a passport!! You only need to be naturalized and that is far from be a citizen by birth.

Anonymous,  August 22, 2008 4:57 PM  

Are you people insane!? What politican does not try to keep hidden as much as he possibly can from the general public? Answer...all of them. Whether Obama was born here or not, he obviously has been granted the benefit of the doubt; but, more importantly, he has lived his life as an American. What's more, he has lived his life as an African-American. You can bet that he understands what it is to struggle; what it is to be excluded; what it takes to overcome the kinds of obstacles that the vast majority of the working-class in this nation have experienced. Granted, he has probably had to compromise his principles, hide embarrassing errors in judgement, and cozy up to characters of an ilk that made him puke; but, again, what politician hasn't?

The man is blessed with a special skill. Whether you choose to acknowledge that fact or not, it is, nonetheless, true. Our country is in dire need of a "game-changer" of biblical proportion. He may or may not be that one that comes along once or twice in several generations, and turns out to be just another run-of-the-mill politician, but even that will be better than what we have now and what we will have in a John McCain administration. Ask yourselves why millions and millions of people are flocking to this man. I have asked myself and I have no answer. Maybe there's something there. Maybe we need to take this chance.

Donald R. May August 22, 2008 5:43 PM  

Another great analysis. You are on target and to the point. Thank you.

I plan to quote your posting tonight.

I just found your blog last night and hope to give you a lot of publicity. You write well

With best wishes,

Donald R. May
"Mr. Conservative"
http://blogs.lubbockonline.com/conservative
2008 Americans for Prosperity "Blogger of the Year" Award

Markham August 22, 2008 7:41 PM  

I am a party to a similar suit against John McCain.

On the assumption that McCain's parents' quickie Mexican marriage stands up, then Citizen McCain is a citizen.

If the Constitution makes you a citizen, you are natural born. If Congress does you are a naturalized citizen, not natural born.

John McCain was born in Colon, not in the Canal Zone as he alleges, nor in the hospital constructed 5 years after his birth. He was naturalized by am act of Congress in 1937 a little less than a year after his birth.

Citizen McCain is (given the stated assumption) a naturalized citizen, just like rest of us, except he can't be President.

Now to Obama.

Politically speaking, even potential dual or triple citizenship in Kenya and Indonesia means that he should renounce the possibility.

Constitutionally and probably by US statute, if he actually enjoys Kenyan or Indonesian citizenship, then he must renounce it or them, since in that case he could not take the oath of office.

He can possibly be a Kenyan citizen on two counts in addition to being born there because of his father's relation to Kenya.

It wasn't the Kennedy's who funded his education, it was the Kenyan government. There is a great possibility that such students were named government representatives. This status may entitle their issue to Kenyan citizenship.

Also there is a chance that Obama has a Kenyan title of nobility because of his father's lineage. Any such status would entitle him to citizenship--or one would suppose so! The fact is that this issue of noble issue has not been sufficiently adjudicated according to the State Department Manual and they are shopping for a lawsuit that would settle the matter! LOL

But wait! That's not all. No US official according to the Constitution can be granted (or one supposes enjoy a grant) of a title of nobility. That should include the President I would imagine!

As a party to one suit blocking a possible noncitizen and a certain non-natural born one from being placed on the ballot for President, i would be honored to join in a similar suit to block Obama's placement on it.

P.S. Has anyone considered the effect of this suit on Obama's Senatorial position? A non-citizen can't be a Senator. That would mean Keyes, the candidate of America's Independent Party would be owed at a minimum back pay and possibly the seat to which his election would entitle him. Just wondering.

Contact me at 707-359-4884 or email me at mark@masterplanner.com

Markham Robinson, Vice Chairman of America's Independent Party and Chairman-elect of the American Independent Party of California

Adrian August 22, 2008 11:19 PM  

The fact that Obama has a passport doesn't mean it was legally obtained. Obama lies when he says he was never Muslim even though there is tangible proof that he was registered in an Indonesian school as a Muslim. He was raised as a Muslim in a home surrounded by devout Muslims.

Was that a COLB he submited? The one already determined to be a fake? Then why was it necessary for Obama to provide ANOTHER COLB, this time it's one just as questionable as the previous.

And, why hasn't Obama's "new" COLB not been placed on the Internet for all to view? Is this the reason Obama "vacationed" in Hawaii?

Was it Barack Obama the one that filed an application with the Illinois State Bar, under penalty of perjury, stating that he had not used any other names; despite the fact that he was registered often as Barry Soetoro in schools?

It's time the federal government get involved on the part of the American public and look into the facts presented.

Obama, by his own admission, traveled with a friend to Pakistan at a time when he could not have used an American passport. It's easy enough for the FBI or CIA to investigate and locate other passports -- Kenya and/or Indonesia.

Those that say, "Get a life," have no idea what the implications are of Obama's failure to lay to rest these issues. Obama should either qualify himself to the satisfaction of the Court or remove himself from the Democrat campaign.

Gorby,  August 23, 2008 1:37 AM  

Marvelous.

Two candidates for President and both are being sued over claims they are not natural citizens.

There are certainly enough tin-foil hats to go around these days.

"I know it's true because I read it on the internets."

General Jack D. Ripper,  August 23, 2008 2:57 AM  

McCain says he doesn't question Obama's patriotism, but that he does question his judgment.
Likewise, I do not question McCain's patriotism, but I strongly question his judgment in many ways.
I just read this commentary by very conservative Pat Buchanan: http://www.worldnetdaily.com/index.php?pageId=73068
People question Obama's associations with Ayers, Wright, Father Pfleger, Rizko, etc.....but have they questioned McCain's actual hiring and taking advice from Randy Scheunemann??? Scheunemann, turns out, is a Neocon and member of the PNAC (Project for a New American Century). Dick Cheney is/was a member of that group. PNAC, including Scheunemann, pushed for invading Iraq years before Bush actually did. PNAC wants to rule the world by U.S. military strength....read their web site....this is no exaggeration.
And John McCain has hired and is taking advice from this war monger???? Conservative Pat Buchanan all by accused Scheunemann of treason.
If McCain wins the race and hasn't dumped Scheunemann by then, it's very possible Scheunemann could become say the National Security Advisor....something that surely would doom this country.
I have always said that I respect John McCain, but I also have always said that he has "war in his blood." Buchanan's article confirms this.....I strong question McCain's judgment hiring a Neocon, and it scares the hell out of me.

CoCo Joe,  August 23, 2008 7:44 PM  

No opinion matters in this debate. There is a CONSTITUTIONAL Requirement. He meets it or he doesn't. Those that would throw out the requirement to allow a non-citizen to serve as POTUS do not understand what it is to be American.

Anonymous,  August 26, 2008 12:18 AM  

Obama doesn't even statue the flag of the United States of America and you want this man to be your next president, something is very wrong here, even his wife has said how proud for the first time. First time, oh come people, it's truly a scam on us all.

The Candid Blogger September 4, 2008 9:03 AM  

Obama not only salutes the flag of the US, but he leads the Senate in the Pledge of Allegiance. As to this garbage about his birth certificate, he was born in Hawaii:

http://www.factcheck.org/elections-2008/born_in_the_usa.html

There was even a birth announcement published in the Honolulu Advertiser on 8/13/61. Is anyone nuts enough to believe that Obama's grandparents may have planted the announcement just in case their grandson needed to prove his U.S. citizenship in order to run for president someday? Please put on your high-quality tinfoil hat. The evidence is clear: Barack Obama was born in the U.S.A.

You Obama haters are so desperate and fearful of having an African American candidate that your desperation knows no bounds. You don't confront him on the issues because the Republicans are responsible for the war and the economy. Pathetic!

Anonymous,  September 10, 2008 3:15 PM  

Last time I checked a blog is neither a court of law, legally binding, and only tangentially related to constitutional rights. A lawsuit filed in a court of law is what we adults call reality. Trolls will therein be found in contempt. Objections can be sustained. Behavior has to be regulated to render a decision intelligently, logically and legally argued.

Trolls really compalin when their narrative falls apart and their Hero loses his super powers. Fortunately elections are not part of Warcraft, twitter, google, or a television disreality show. Baracks legal status has been raised in a legal forum. It has status - legal status. For some it is cold water. For others it is sauce for the goose.

Anonymous,  September 11, 2008 2:35 AM  

As a side-note to others who have posted before me: I consider both of these presidential candidates to be "100% Americans" but that is not the same thing as being a "natural-born citizen" as required by the language of the Constitution of the united States of America.
Birth to one or more U.S. Citizen parents serving on a U.S. military base, by itself, does not make one a "natural-born citizen" of the U.S.

"Naturalized citizen" - YES, CERTAINLY
"Natural-Born citizen" - NOT NECESSARILY

The two types of citizenship are fully co-equal in terms of liberties, protections, entitlements; and in almost every way are practically indistinguishable, except for the enumerated qualifications to serve in these two unique executive offices. If you've never thought about why we should want this in our Constitution, go read it and think hard about it. The multitude of reasons will dawn on you, eventually. As a hint: it has a little to do with national loyalty and avoiding corruption, but much more to do with immunity from coercion and collusion (from within, as much as from without).
It is one of the smartest under-appreciated protections woven into our Constitution, and tugging it loose leads to a quick unraveling of the rest of it.

The Berg complaint seems to proceed along many lines, suggesting several routes to disqualify the candidate.

Either he was, or was not born in Hawaii (or some other U.S. state or incorporated territory, and also subject to the Constitution).

If not, then foreign birth to a U.S. Citizen may have conferred "naturalized citizenship" (the type given by statute, the only kind Congress may constitutionally confer), but not "natural-born citizenship" (the type not conferred by Congress, but by the facts of birth at a time and within a lawfully recognized border of a state, or incorporated territory of the U.S. and subject to the Constitution).

Congress cannot constitutionally confer by any statute the status of "natural-born citizen" (which is why, IMHO, in 1795 they corrected their mistake of the Naturalization Act of 1790. They dropped the words "natural-born" in the 1795 Act because Congress only has constitutional authority to pass laws of Naturalization.

Any citizenship status conferred by any act of Congress after 1795 is of "Naturalized" character, not "Natural-Born" character. The Act of 1790 declared certain citizens born abroad to be considered "natural-born citizens"; but this likely would not have stood on firm constitutional grounds. By 1795, the law was "corrected" to confer citizenship, but not "natural-born" citizenship. (someone, please correct me if I am wrong).

Further, Congress has no power to revoke or alienate "natural-born" citizenship. Persons of any age may self-elect (intentionally, or otherwise) to renounce their own "natural-born" citizenship. And under some circumstances, minors in the custody of a U.S. Citizen parent may lose their citizenship (perhaps even "natural-born" citizenship) through the actions of their parent. The law also provides means for such a minor to reacquire their claim of citizenship if certain oaths and records are filed upon reaching the age of majority.

This is the latent threat of this lawsuit, in my reading of it. The allegations construct a potential set of facts that would purport to show that the candidate's U.S. citizenship was forfeit by his mother's actions between the time of his birth and age 10 years.
If that were found to be true, the argument for disqualification becomes somewhat stronger. Even if citizenship were reacquired at the age of majority, it would be as prescribed by statute, and thus "Naturalized" citizenship. (However, my understanding of reacquiring citizenship is admittedly very weak at this moment. Perhaps the reacquisition is not degraded)

THE ULTIMATE DETERMINANT IN THE STRUGGLE GOING ON FOR THE WORLD
WILL NOT BE BOMBS AND ROCKETS BUT A TEST OF WILLS AND IDEAS -- A TRIAL OF SPIRITUAL RESOLVE:

THE VALUES WE HOLD,
THE BELIEFS WE CHERISH,
AND THE IDEALS TO WHICH WE ARE DEDICATED.


RONALD REAGAN
(1911 - 2004)

  © Blogger templates The Professional Template by Ourblogtemplates.com 2008

Back to TOP