I read Prof Rice’s essay the other day, and it does bring ‘outside the box’ thought to this ongoing debate. If only there were enough members of the House with the courage to suggest, much less undertake, such an investigation.
Granted that my knowledge is limited, the one problem I see is that, while Congress can and should investigate, they can’t interpret the language of the Constitution. They can’t interpret the phrase “Natural Born citizen” as understood and intended by the Framers That interpretation is, as I understand it, reserved to the Supreme Court.
So, let’s say (fantasize) that Congress conducted an investigation, and Obama turned over his long form birth certificate. Let’s say it proved that he was born in HI on Aug. 4, 1961, and that BHO, Sr. was his father. That would show only that he was a US citizen at birth. It would not address whether, because his father was not then nor ever a U.S. citizen, that made him a “Natural Born citizen,”
What’s interesting is that Obama served in the Senate at the time that body investigated the ‘natural born’ status of McCain, but never requested, and no one else suggested so far as I know, that a similar investigation for him.
There are investigations that can/do take place NO ONE but the few members who are investigating know about it...of course, the SOTH would authorize it. There are special rooms just made for these types of secret investigations...once the evidence of him being an illegal alien using an alias...next step either impeachment begins or he resigns when shown the evidence...those are the steps...I can always dream...
The whole point of the Senate resolution was to make the entire focus of eligibility on the place of birth as if that's the only factor that's important. It worked. The resolution came within a month after the factlack dot org photos were created ... which also the same time the Hollander case was filed against McCain. The timing was no coincidence.
You may have a good point. Of course, it may be more the case that Congress, with its many practiced attorneys and former judges, simply wished to avoid political risk and, stepping aside from their oath to defend the Constitution, did not interpret the Constitution in this instance.
Some on these pages were astonished at the outcome of the 2009 12th A. Joint Session. Many more recognized the need for a prompt eligibility investigation by a Congressional committee.
What happened during the Session is now water under the bridge, but for lessons learned value it is at the heart of the eligibility fiasco. The Session is the Constitutional "day of reckoning" for any alleged flaws and defects in the most recent presidential election - it is the day the Congress is required pursuant to 3USC15 to certify to the nation the validity of the election!
In addition to determining whether the President elect was born within the U.S. during the session (a “game over” finding), the Congress could have easily applied for an opinion from the USSC as to the applicability of the two parent citizen aspect of NBC.
As mentioned on another thread, the Congress was unable to screw up the political courage to inquire as to his eligibility. This notwithstanding the substantial national outcry based on well-founded questions and doubts brought to its attention.
The way it evolved, Congress may as well have set up an open bar on the floor during the Session; on our tab, of course.
Please excuse me for any confusion re U.S. birthplace: a “game over” finding if not.