2010-11-27

Did You Know?

citizen, natural born - According to Article II, Section I of the Constitution, the only kind of citizen who may be President. The Supreme Court has never had to interpret the constitutional provision that "no person except a natural born citizen" can be President. So there is no ruling on whether a naturalized citizen or someone born of American parents living abroad is eligible.


Source - American Government & Politics, Harper Collins Dictionary - Jay M. Shafritz-1993

If you click the title of this post, you will be taken to an article found on WND or World Net Daily that discusses a lawsuit Kerchner vs. Obama. The Supreme Court is going to decide whether or not they will hear arguments for this case. The jest of it will be the Supreme Court having to interpret what the founding fathers meant when they said only natural born citizens can become president.

This goes beyond the whole argument of Obama being "born in Kenya." No, this has to do with him being a child of a parent that was not a US citizen. His father, Barack Obama, Sr., was a Luo from Nyang’oma Kogelo, Nyanza Province, Kenya.

Unlike other eligibility cases that have reached the Supreme Court, Kerchner vs. Obama focuses on the "Vattel theory," which argues that the writers of the Constitution believed the term "natural-born citizen" to mean a person born in the United States to parents who were both American citizens. 
"If one court had guts enough to deal with this and allow discovery, Obama would be out of office," Berg told WND. "We would ask for a lift of Obama's ban on all of his documents. The last official report said Obama has spent $1.6 million in legal fees [keeping his papers secret], and the total is probably over $2 million now. You don't spend that kind of money unless there's something to hide, and I believe the reason he's hiding this is because he was not born in the United States."
According to my own reading on this subject, I have found from various sources the founding father's developed the term natural born citizen from the writings of French writer Emer de Vattel, in a book called, "The Law of Nations."

 The Law of Nations says this, about citizenship:

The citizens are the members of the civil society; bound to this society by certain duties, and subject to its authority, they equally participate in its advantages. The natives, or natural-born citizens, are those born in the country, of parents who are citizens. As the society cannot exist and perpetuate itself otherwise than by the children of the citizens, those children naturally follow the condition of their fathers, and succeed to all their rights. The society is supposed to desire this, in consequence of what it owes to its own preservation; and it is presumed, as matter of course, that each citizen, on entering into society, reserves to his children the right of becoming members of it. The country of the fathers is therefore that of the children; and these become true citizens merely by their tacit consent. We shall soon see whether, on their coming to the years of discretion, they may renounce their right, and what they owe to the society in which they were born. I say, that, in order to be of the country, it is necessary that a person be born of a father who is a citizen; for, if he is born there of a foreigner, it will be only the place of his birth, and not his country.

Also, from what I am reading, Obama would technically have a dual citizenship with Kenya and the U.S.

I have not jumped on the "birther" wagon this entire time. I've been pretty neutral on my opinion of this issue because, up until hearing about this particular case, it seemed like a lot of "he said, she said." However, from this angle, concerning whether he is a natural born citizen, it certainly paints this issue in a different light.

Another problem that I am having is with Obama spending so much money keeping his records away from the public. According to everything we know, the man didn't get D's at college, like John Kerry did (not that it matters, let's face it, many people couldn't get D's at an Ivy League school!), he should have no issues with releasing his school information.

“When Barack Obama Jr. was born on Aug. 4,1961, in Honolulu, Kenya was a British colony, still part of the United Kingdom’s dwindling empire. As a Kenyan native, Barack Obama Sr. was a British subject whose citizenship status was governed by The British Nationality Act of 1948. That same act governed the status of Obama Sr.‘s children.

Since Sen. Obama has neither renounced his U.S. citizenship nor sworn an oath of allegiance to Kenya, his Kenyan citizenship automatically expired on Aug. 4,1982.”

My theory here is that Obama got into school, claiming he was from Kenya. He probably received some type of affirmative action assistance for tuition. Now, years later, he's running for president and people want to know where his records are. Every president has released their records.

Regarding this case however, even if it's fact that he was born in Hawaii,  we know his father was not born here. Will the Supreme Court move forward to make a decision and interpret exactly what "natural born citizen" means --exactly what the founding father's meant by that? I think they most certainly should.

If the court decides not to hear the arguments, this issue will not go away. I propose that action will carry on and continue. Could he not be prosecuted for fraud of some sort? Even going beyond serving for his term? That, I do not know for sure but, it seems to correspond with other aspects of the law. Meaning, if I commit a crime, I can still be prosecuted for it later on, provided it's within the statue of limitations. Since this particular issue has never come up before, I doubt there are any limitations that have been defined. Obama would essentially have to receive a pardon. Yes? No?

If you would like to read more about this, click here. This page gives some more information concerning this issue.


What are your thoughts on this? What if he did have to be removed from office? What will the repercussions of that action become? Will Obama be held up as the ultimate victim of the right's intolerance? Or, will people ultimately understand the importance of upholding the law of the Constitution?

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