Posted on 06/27/2009 6:13:50 AM PDT by Polarik
With the birth certificate, and if his parents were married and if he was born outside the US, then he was not a citizn at birth at all, let alone a natural born one.
Under US law at the time, if his parents were not married, then he was a US citizen at birth. It's only if they were married, and their divorce papers say they were, and he was born outside the US, Kenya or Canada it doesn't matter, then he was not a citizen at birth at all, and would only be a citizen now if he was later naturalized. But if he was naturalized, or not a citizen, then he's not eligible.
US citizen, if born in Hawaii, but still not a “Natural-born” citizen.
If born in Kenya, then No, he would not be a US citizen at birth.
If they were married, then he’s not a “natural-born citizen” due to dual citizenship.
Either way you slice it, he still comes up empty.
But, the place of birth is irrelevant to the felony document fraud.
Not if the document is a forgery and/or altered.
Anyone who says, “I’ll do it.”
Well, maybe. Citizen for sure, under the law at the time, (and today as well if had been born under current law). But, Natural Born Citizen within the meaning and intent of the Art. II clause in the Constitution?
Congress can define who is eligible to be naturalized, as that is the only power over citizenship granted to them, they cannot redefine "natural born citizen", for purposes of the Constitution, anymore than they can define "speech", "religion", or "arms".
No, we need not, and should not. Congres has no power to define Constitutional terms. They mean what they meant when the document was written.
But logically anyone whose citizenship rests on a law passed by Congress, except insofar as that law is duplicative of the definition at the time the Constitution was written, cannot be "natural born", because Congress only has the power to "Establish an Uniform Rule of Naturalization".
We can't have Congress redefining the terms in the Constitution, unless that document explicitly gives them the power to do so, otherwise much mischief could they make.
When a cold wind blows from the depths of Hell.
Or possibly when the vault is blown open by a North Korean Nuke.
So why did they get divorced?
Indeed. But is Fraud a high crime or misdomeaner. Clearly if he was a Republican, it would rise to that level. But he's a 'Rat, with the 'Rats in control of Congress. He'd never even be impeached, let alone convicted and removed.
If born in Kenya, then No, he would not be a US citizen at birth.
If born outside the US, to an unwed mother, then under the law, he'd be a citizen at birth. The residence requirement for a US parent only applies to married parents. For bastards, the mother only need be a citizen of the US. But that's for "citizen at birth. Not necessarily "natural born".
But he didn't forge the CoLB out of embarassment that his parents were not married. Heck that would have given him more street cred in some circles, and more sympathy in others. It's only worth the effort, and the risk, if a real CoLB, or the Long Form Certificate of Live Birth indicates an ineligibility. IMHO only of course.
Looking at all the possibilities of a definition leaves us with the gut feeling that this guy ain't. But he's got a legal team for every angle, and his PR campaign is trailing smoke like a line of WWII destroyers, so our shooting is very difficult, and the lawsuit torpedoes we have launched at the SOB have so far been legally way off target.
IMHO, as I have expressed to the occasional derision of us Freepers, we have to back-track and create the state laws that will demand documentary evidence of eligibility. Then at least someone will have the "standing" to sue.
In the meantime, we've got a clear case of forgery on our hands,too, but are having a hard time even getting that to court.
The left has a fervent belief in the Hegelian Dialectic as improved by one K. Marx. "Created Chaos," is an ideal they seek so that they, the creators, are the only ones who can bring a resolution forward. This is driving everyone crazy, because that is exactly what it is intended to do while Obama and his cronies abuse the power given to them in the last election, whether they stood for election fraudulently, or not.
I agree that needs to be done, either at the state or federal level. Both would be best. Belt and suspenders sort of deal.
But meanwhile, we are stuck with an ineligible occupant, a usurper, who has changed so much in only five months, that I fear after 48 months will have done so much damage, that there would be little to no hope of recovery by normal "legal" means.
Which is exactly what I said would happen if the dual citizenship issue is pursued to its logical conclusion, with Obama breaking the news that his parents were not married, and therefore, tossing in the crapper, the automatic citizenship arguments for both countries!
We just cannot prove if this guy is ineligible or not. There certainly is a very rational basis to think that he is. However, we definitely do know that forgery has taken place; that a fraud has been perpetrated.
At the risk of boring you guys to death, I repeat that our opinions, theories, and unearthed facts on this sordid and dangerous affair need coordination from on high ... a leader. How about Ambassador Bolton?
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