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Alan Keyes Loses Lawsuit on Presidential Qualifications

Published on October 29, 2009, by in General.

On October 29, U.S. District Court Judge David O. Carter dismissed Barnett v Obama, the case that had been filed on January 20, 2009, alleging that President Barack Obama does not meet the constitutional qualifications to be President. The decision is 30 pages and can be seen here.

Judge Carter ruled that the non-candidate plaintiffs, which included various military personnel and a few state legislators, do not have standing. He was hesitant to rule that Alan Keyes lacks standing, because Keyes did run against Obama in the presidential election of November 2008. On the other hand, the judge emphasized that Keyes’ showing was so weak, that he could not possibly have been elected; he was only on the ballot in three states. The decision says, “It does seem highly unlikely that the replacement of President Obama with another Democratic nominee such as Hillary Clinton would have resulted in a victory for Plaintiffs Keyes, Drake of the American Independent Party.” But, the decision says, “The Court is troubled by the idea that a third party candidate would not have standing to challenge a major party candidate’s qualifications.”

The decision then decides not to decide the question of whether Keyes had standing, and instead rules that even if Keyes does have standing, his suit must fail because it was not filed until after Obama was sworn into office (the judge notes that the case was filed at 3:26 pm Pacific time, January 20, 2009). The decision then says that the power to remove a sitting president from office resides with Congress, not the Judicial Branch. The decision says, “There may very well be a legitimate role for the judiciary to interpret whether the natural born citizen requirement has been satisfied in the case of a presidential candidate who has not already won the election and taken office. However, on the day that President Obama took the presidential oath and was sworn in, he became President of the United States.”

45 Responses

  1. Marianne

    So now we will have another dead president or Ursurper.
    He is British He does not qualify. Who is behind this and what is to be gained except to make America a dead country. There are enough of us to start the revolution and it may very well start soon. But other law suits are coming by powerful attorneys, the DOJ knows this.
    I am sick at my stomach that this Arab and his fat black wife are contaminating the highest office of America and the White House. The only person who held the White House worse than Obama is Carter. God help us.

  2. What about Bergs cases. He actually the more credible arguments such as Barry Sotero was an Indonesian citizen and never became a US citizen after that and never legally changed his name back to Barrack Obama.

  3. Richard

    But none of Phil Berg’s plaintiffs have standing.

  4. smrstrauss

    Re: “He actually the more credible arguments such as Barry Sotero was an Indonesian citizen and never became a US citizen after that and never legally changed his name back to Barrack Obama.”

    Obama was never an Indonesian citizen, as both Indonesia and the US State Department have said. (http://www.scribd.com/full/17508463?access_key=key-1vg7c228ugapeqcnkki6)

    And Obama never legally changed his name, so he didn’t have to change it back.

  5. Bernard

    Barack Obama is actually an illegal alien. By that I mean that he traveled here through a rift in the time-space continuum from a planet known as “Soshalista” in the Galaxy “Lib.”

    He came here quite old, owing to his time traveling. 439,450 Earth years old, in fact. However, the beings of his home world world actually age in the reverse direction as we, so by the time he ran for president he was ONLY 34 YEARS OLD IN EARTH years, so he was INELIGIBLE to become president according to the U.S. Constitution.

    So…why did he come here in the first place? To spread socialism, interbreed Democrats with Libertarians, and impose a system of child upbringing which requires forced viewing of NBA basketball. This is all fact. You can look it up here…

    and here…

    and here too…

    However, he knew that there was going to be a problem with his place of birth. So, he placed himself into a specially designed intergalactic anterior thrombolusic molecular transformator and through a series of extraordinary changes which turned him into a first a cow, then a Dilasian space evacuator, then the ears of Ross Perot, and then a DVD player, he finally became an Ethiopian baby living in Hawaii. In that state of being he hired a professional forger to create a phony birth certificate (short form of course).

    I believe he used Dutch Kroners to pay for it.

    He then hired a “fat black woman” (see Marianne above) above to be his wife, or possibly enslaved her.

    Striek the “possibly.” I’m sure he did enslave her.

    Only then did he decide to actually transport himself to Ethiopia to establish further doubt about his citizenship and then came back here to become president, or worse.

    It’s also a matter of record that he practices voodoo, brushes his teeth side to side instead of up and down, and had a gay affair with Alan Keyes. However, when he dumped Keyes for being a fatuous, self-absorbed anus blossum (also a matter of record…you don’t need citations for that) Alan got very pissed off and then all the lawsuit stuff started to happen.

    Oh yeah – and he let his fat black slav…er, wife wear SHORTS to the Grand Canyon on vacation.

    I for one can’t wait for this administration to be over so we can start concentrating again on the things that are really important in this country – like illegal wiretapping of US citizens, torture, illegal wars, serial lying and…above all…keeping homosexuals from getting married, God help us. We need a leader like “W” who can set examples for us. Little things. Like locking himself up in a room with a beagle and snorting lines of coke while watching wild card football games on TV.

    The kinds of conservative values Alan Keyes stands for.

    Oh yeah – and the US Constitution!!!

  6. Demo Rep

    The MORON judge could NOT detect that the Congress ONLY has judicial power in —

    (1) judging the elections for members of the Congress,
    (2) in the impeachment process.

    Everything else is Article III, Sec. 2 — JUDICIAL power cases arising under the Constitution, laws and treaties of the U.S.A.

    Sorry — the 12th Amdt is ONLY about counting gerrymander Electoral College votes — NOT about judging the qualifications of any Prez candidate.

    On to the hopefully less stupid U.S.A. Court of Appeals ???

    Did the 19 Apr 1775 folks in Lexington and Concord, Mass have *standing* to take on the EVIL King George III regime — i.e. to counter-attack the EVIL Brit Army units attacking at Lexington and Concord — and ROUT them back to Boston, Mass in sunrise to sunset fighting ???

    See the monument at Old North Bridge at Concord and even see the 2nd Amdt — the paper monument to 19 Apr 1775.

  7. Mark Seidenberg

    Barack Obama was born on Mombasa Island in the India Ocean of the Coast of Kenya. At the time of
    Obama birth Mombasa Island was a British Protectorate as part of 11,000 Pound lease to the UK dating back to the year 1895. Obama like both
    is father and grandfather was a Subject of the Sultan of Zanzibar because his grandfather was naturailized in the year circa 1919 and that subject status extended to his grandson under the
    terms of the Zanzabar Nationality Decree.

  8. Gerald Sanders

    I really wish Obama was a non-US born Muslim.

    Unfortunately, he is just another moronic American (like yourself).

  9. Jerry

    Marianne-Thank you for exposing the true face of what the birthers are really all about…

  10. natural born citizen party

    USDC-DC Judge Leon has the last case “standing” in the proper jurisdiction for quo warranto challenge.

    The US District Court for the District of Columbia has the case 08-2234 Strunk v US DOS et al. Originally a simple FOIA case for travel records of Stanley Dunham and other dead relatives of non-nbc tourist. Case was amended to include quo warranto removal from office for ineligibility.

  11. smrstrauss

    Re: “Barack Obama was born on Mombasa Island in the India Ocean of the Coast of Kenya.”

    Sure sure.

    This is what the National Review says of that myth. “The theory that Obama was born in Kenya, that he was smuggled into the U.S., and that his parents somehow hoodwinked Hawaiian authorities into falsely certifying his birth in Oahu, is crazy stuff.”

    http://article.nationalreview.com/?q=ZmJhMzlmZWFhOTQ3YjUxMDE2YWY4ZDMzZjZlYTVmZmU=&w=MA

  12. Credit must be given to Alan Keyes for provoking Obama to say in a campaign debate for his Illinois U.S. Senate seat in regard to Keyes comment that he was not a actual citizen that it didn’t matter since he was campaigning to be U.S. Senator and not the President. Irrespective of this Alan Keyes has morphed into a utterly to-the-bone corrupt liar as documented at TheCorruptionOfAlanKeyes.blogspot.com. His lawsuit was not to stop Obama but was instead a public relations stunt to cover up for his corruption as documented by the site. While the right hand draws your attention the left hand is picking your pocket. The site also documents the personal corruption of Mark Seidenberg of comment #7 above.

    Don Grundmann Vice-Chairman American Independent Party, California branch of the Constitution Party

  13. Alan Keyes is the Bizarro to Obama’s Superman…

  14. ETJB

    Nice to see a third party candidate showing far more interest in stroking his own personality and ego rather then, say working on, dare we say it, fairer ballot access laws, instant runoff voting?

    This is why election law reforms are so difficult to get anywhere. People like Keyes and Nader are far more interested in stroking their large, hard…egos rather then anything else.

  15. Attorney

    The Obama/Holder/DOJ loons posting in defense of Obama on every website that speaks against the administration are PAID WITH OUR TAX DOLLARS to blog, search “The Obama Justice Department’s Secret Blogging Team… Is it Illegal?” and see for yourself! Also search “TRACY RUSSO, DOJ BLOGGERS” and learn how “BIG” (ACTUALLY MASSIVE!) TRACY RUSSO and the DOJ are ILLEGALLY wasting OUR TAX DOLLARS TO SUPPORT THE TOTALLY EVIL MARXIST, GLOBALIST POLICIES of CONSTITUTIONALLY ILLEGAL OBAMA! OBAMA HAS ALMOST NO “GRASSROOTS SUPPORT”, THE FALSE IMPRESSION HE DOES IS BEING FOSTERED and FED BY THE DOJ PAID BLOGGING TEAM! HOW LOW WILL WE ALLOW OBAMA/HOLDER/DOJ TO STOOP BEFORE THE UPSTANDING CITIZENS of THIS NATION ARISE AND FIGHT?! THE OBAMA ADMINISTRATION IS A TOTAL DISGRACE FROM TOP TO BOTTOM!

  16. Attorney

    Here is the accepted and long standing LAW regarding “natural born Citizen”, read and UNDERSTAND BEFORE YOU BLINDLY IGNORANT OBAMA LOVERS MAKE EVEN BIGGER FOOLS of YOURSELVES : E. de Vattel, The Law of Nations, bk 1, c. 19, sec. 212 (1758) (1759 first English translation); The Venus, 12 U.S. (8 Cranch) 253, 289 (1814) (Marshall, C.J., concurring) (cites Vattel’s definition of natural born citizens); Shanks v. Dupont, 28 U.S. 242, 245 (1830) (same definition without citing Vattel); Minor v. Happersett, 88 U.S. 162, 167-68 (1875) (same definition without citing Vattel); Ex parte Reynolds, 1879, 5 Dill., 394, 402 (same definition and cites Vattel); United States v. Ward, 42 F.320 (C.C.S.D.Cal. 1890) (same definition and cites Vattel); U.S. v. Wong Kim Ark, 169 U.S. 649 (1898) (only declared under the Fourteenth Amendment a child born on U.S. soil to foreign parents and subject to the jurisdiction of the United States a “citizen of the United States” and not an Article II “natural born Citizen” and Fuller, C.J, dissenting confirming Vattel’s definition of a “natural born Citizen” ); Keith v. U.S., 8 Okla. 446; 58 P. 507 (Okla. 1899) (common law rule that the offspring of free persons followed the condition of the father was applied to determine the citizenship status of a child); Rep. John Bingham (in the House on March 9, 1866, in commenting on the Civil Rights Act of 1866 which was the precursor to the Fourteenth Amendment: “[I] find no fault with the introductory clause, which is simply declaratory of what is written in the Constitution, that every human being born within the jurisdiction of the United States of parents not owing allegiance to any foreign sovereignty is, in the language of your Constitution itself, a natural born citizen. . . . ” Cong. Globe, 39th, 1st Session, 1291 (1866)); Sen Jacob Howard (the framer who co-wrote the Fourteenth Amendment citizenship clause stating in 1866 that the citizenship clause of the Fourteenth Amendment excluded persons born in the United States who were foreigners, aliens, or who belonged to the families of ambassadors or foreign ministers. Congressional Globe, 39th Congress, 1st Session, May 30, 1866, p.2895, 2nd col.)) We requested that the Court enforce the United States Constitution, the supreme law of the land, and, given that Obama was not born in the country to a mother and father who were themselves United States citizens at his birth, not allow Obama to amend the Constitution by usurpation. U.S. Const. art. VI, cl. 2; George Washington, Farewell Address, 1796.

  17. train111

    You know this all gets pretty darned annoying after a while. We had 8 years of George W. Bush and we all had to listen to every half-cracked left-wing conspuiracy theory about him. Now we have Obama and were stuck for 4 or 8 years of listening to every half-baked right-wing conspiracy theory about him.
    Can’t we actually have an election and people get on with their lives. People win and people lose elections. I have yet to see anybody try to stay in office longer than the constitution mandates.
    It’s all so tiring.

    train111

  18. train111

    Oh and by the way–I live in Illinois. I’ve heard enough out of crackpot Keyes for a lifetime. he needs to take his big ego and money making also-ran multiple candidacy schtick and get lost.

    Train111

  19. Jerry

    #18- Well said!!!

    The norm now seems to be that you fight every election in court from election day to the end of the term. The only folks who win are the lawyers (yet again). Elections should be about the lawyers shutting up and allowing the people to speak. And in this case Obama’s opponents had 2 years from when he announced to investigate and raise any issues they wanted to. The people (70 million of them) have spoken.

    Chester Arthur was born in 1829 and his father became a US citizen in 1843. Despite that, he served his undistinguished 4 years in the White House, retired and died shortly afterwards. And guess what? The Republic survived.

    One final observation. On the internet, the value of a post is inversely related to the number of all-cap words and the number of times Hitler is mentioned.

  20. Alan Tibbs

    You birthers are all a bunch of FUCKING LOSERS!

  21. smrstrauss

    Re: “Here is the accepted and long standing LAW regarding “natural born Citizen”, read and UNDERSTAND BEFORE YOU BLINDLY IGNORANT OBAMA LOVERS”

    Vattel said a lot of things that the Constitution did not adopt. For example he recommended that each country establish a state religion and force people to join it or to allow them to leave the country. Amusingly, one thing that Vattel did not recommend is that the leaders of a country be citizens, much less citizens with two citizen parents. Vattel gives several examples of countries picking their leaders from the nobility of other countries, and he never says that doing that was a bad thing.

    So, it is necessary to see whether the framers of the Constitution followed Vattel, or whether they followed the definition of Natural Born that was common in the US colonies and early states and in the English common law, which was merely citizenship due to birth in the country regardless of the number of parents who were citizens.

    In one of the cases you cite, Wong Kim Ark (very important because it was later than the other cases cited and hence overrules them), the court stated:

    “It thus clearly appears that, by the law of England for the last three centuries, beginning before the settlement of this country and continuing to the present day, aliens, while residing in the dominions possessed by the Crown of England, were within the allegiance, the obedience, the faith or loyalty, the protection, the power, the jurisdiction of the English Sovereign, and therefore every child born in England of alien parents was a natural-born subject unless the child of an ambassador or other diplomatic agent of a foreign State or of an alien enemy in hostile occupation of the place where the child was born.

    III. The same rule was in force in all the English Colonies upon this continent down to the time of the Declaration of Independence, and in the United States afterwards, and continued to prevail under the Constitution as originally established.”

    This is a clear explanation of the original concept of Natural Born. All who were born in Britian and the US colonies (except for the children of diplomats) were Natural Born. The case goes on to say that there were no exceptions. Even when the parents were merely visiting, the children were Natural Born if they were born in the country.

    I’ve done further research and found that at the time of the writing of the Constitution the phrase “native born” was not used. The term for “born in the country” was simply Natural Born, and we all know this instinctively since the word Naturalize comes from Natural Born.

    The meaning of Natural Born in the Constitution comes from this very common use in the colonies and early states. Natural Born means “born in the country.” It does not mean “born in the country with two citizen parents.”

  22. Rightlean

    So simple. It’s not about removing a sitting president. It’s about confirming that he should have ran.

  23. Attorney

    Obama stinks, he has yet to prove ANYTHING regarding his background. Obama’s first official act was to sign “Executive Order Number 13489 (21JAN09), which sealed ALL his records, public AND private. So much for his instantly broken campaign promise of “transparency”! If Obama is hiding PLENTY from the people of the USA and we have an ABSOLUTE RIGHT to know OUR EMPLOYEE’S FULL BACKGROUND! For proof the DOJ is hiring bloggers to give the totally false impression Obama has “grassroots support”, search “Anonymous DOJ Blogger Campaign Attacks Media and Critics”, then follow up with additional searches using the info in the article.

  24. Michael Seebeck

    smrstrauss @22:

    Your information is in agreement with my own research on McCain.

    So it comes back to the question of producing the LFBC to prove natural born status.

    Newspaper clippings of birth announcements don’t mean a damned thing. When my son was born, a birth announcement appeared in the paper in my hometown in Indiana. Except he was born in Colorado where we were living at the time.

    As far as the judge, like the others, he wimped out and refused to follow the law, as Demo Rep correctly points out @6. Like the other judges, he hid behind a bogus standing excuse. Any and every American citizen who is affected by any Executive Order or Congressional Legislation he signs has standing to challenge his qualifications to do such, and because he is living on the taxpayer’s dime, everyone else has standing, too!

  25. Attorney

    There are five Citizenship terms mentioned in the Constitution. (A) “Citizen”, (B) Citizen of the United States at time of Adoption of this Constitution” aka “the Grandfather Clause”, (C) “Born Citizen of the United States”, (D) “Naturalized Citizen”, (E) “Natural Born Citizen”. Only ONE of the Citizen classifications mentioned is eligible to become president (unless someone is over 250 years of age), that being “natural born Citizen”. Obama absolutely does NOT qualify and all the baseless attempted deceptions and very feeble attempts at misdirection should be ignored.

  26. Attorney

    As our employee, Obama owes a duty to every Citizen of this nation to release all his records to the public. As most are aware, Obama’s first official act was to sign “Executive Order Number 13489″ (21JAN09), thereby sealing all his records, public and private. So much for his instantly broken campaign promise of “transparency”. Why would anyone with nothing to hide take such radical action? Any reasonable person should rightly assume Obama is hiding plenty of background dirt from those whom he claims to represent. Obama needs to come clean, or pack his bags, or both. There is nothing people hate more than an obvious liar and con-man who doesn’t have the guts to come clean. The Citizens of this nation are fed-up. It took over two years to investigate and get to the bottom of the “Watergate conspiracy”, the larger and already better known Obama deception has only been going on for a little over a year. We shall endure and prevail, so help me God.

  27. Demo Rep

    Natural born = at birth allegiance to a NATION-STATE regime — where ever a person is physically born (in the Nation-State involved, on the high seas or in a foreign nation) — based on the NATION-STATE status of the parents — somewhat primitive / feudal stuff from the Dark Age after the fall of the Roman Empire.

    Not exactly rocket science.

    Special 4 July 1776 — Adult British subjects (and their children) become citizens of the 13 States in the U.S.A. (if loyal to the DOI).

    All sorts of State test loyalty oaths required by adults in the States in 1776-1783.

    Fail the test oath = go to jail or get driven out of the State or even get hung as being a British spy during the 1776-1783 W-A-R — with very limited taking of prisoners — especially in the southern States.

    Brits were deemed ENEMY nation invaders — as if an army of German nazis had invaded the U.S.A. during World War II in 1941-1945.

    Various State bills/acts of attainer for high profile British loyalists — many in colonial British offices — esp. ex-Brit colonial Governors (most of whom got the Hell out of the U.S.A. and went to Great Britain or Canada).

    I.E. loyalty stuff was a matter of life or death in the American Revolution.

    The question is whether Obama is even a citizen of the U.S.A. due to his father being a citizen/subject of the British Empire on the day that Obama was born — where ever Obama was physically born.

    http://en.wikipedia.org/wiki/Barack_Obama

    ————-

    May 30, 1866, Congressional Globe, 39th Congress, 1st Session, P. 2890, col 2. Senator Howard. ***

    [First sentence of later 14th Amdt, Sec. 1 — regardess of anything before 1866-1868]

    This amendment which I have offered is simply
    declaratory of what I regard as the law of the
    land already, that every person born within the
    limits of the United States, and subject to their
    jurisdiction, is by virtue of natural law and
    national law a citizen of the United States.
    This will not, of course, include persons born
    in the United States who are foreigners, aliens,
    who belong to the families of embassadors or
    foreign ministers accredited to the Govern-
    of the United States, but will include
    every other class of persons.

    [NOTE the ***will NOT** ]

    Written to make ex-slaves become citizens of U.S.A. and the States — due to the party hack Supremes stuff in Dred Scott v. Sandford 1857.

    Who was the first ILLEGAL alien to enter the U.S.A. on or after 4 July 1776 — and even have 1 or more kids born physically in the U.S.A. ???

    Sorry – TOTAL male dominance in 1866-1868.

    Each Prez was required by the 1787 Federal Convention to be a natural born citizen to reduce the chances that he/she would have ANY loyalty to a foreign nation-state regime — and of course each Prez being the C-I-C of the U.S.A. military.

    How many days was Obama in the U.S.A. from age 0 to age 18 ???

    ——
    Courts — as usual brain dead on the subject — due to a lack of pre-school legal research by armies of LAZY lawyers ??? Duh.

  28. smrstrauss

    Re: “So it comes back to the question of producing the LFBC to prove natural born status.”

    Obama has shown and posted the OFFICIAL birth certificate of Hawaii, and it is the only one that Hawaii sends out. It no longer sends out copies of the original. (http://www.starbulletin.com/columnists/kokualine/20090606_kokua_line.html)

    This means two things (1) the document that Obama has shown is legally sufficient to prove birth in Hawaii, and (2) because most likely Obama lost the original birth certificate sent to his parents (as many of us do), the document that he has shown is all that he CAN show since Hawaii does not send out copies of the original.

    However, the official birth certificate is sufficient, and the facts on it were confirmed by the two officials in Hawaii.

  29. smrstrauss

    Re: “Obama’s first official act was to sign “Executive Order Number 13489″ (21JAN09), thereby sealing all his records, public and private.”

    You guys are really crazy. Obama’s first executive order was to make it harder for presidents to seal their records, and it applied to the presidential records of former presidents. It applied ONLY to federal records, not private records or state records.

    The birth certificate records in Hawaii are not sealed; they are private.

  30. smrstrauss

    Re: ‘Only ONE of the Citizen classifications mentioned is eligible to become president (unless someone is over 250 years of age), that being “natural born Citizen”.

    Since Natural Born simply means “born in the USA,” he qualifies.

    Yale Law review wrote:

    “It is well settled that “native-born” citizens, those born in the United States, qualify as natural born.”

    Senator Lindsey Graham (R-SC), said:

    “Every child born in the United States is a natural-born United States citizen except for the children of diplomats.” (December 11, 2008 letter to constituent)

    Senator Orrin G. Hatch (R-UT), said:

    “What is a natural born citizen? Clearly, someone born within the United States or one of its territories is a natural born citizen.” (Senate Judiciary Committee hearing hearing on OCTOBER 5, 2004)

    My research into many articles and books written at the time of the Constitution shows that Natural Born was the term that was used in those days instead of Native Born, which was never used that I can find, and Natural Born simply meant born in the country. Natural Born citizen meant a citizen due to birth in the country.

  31. smrstrauss

    Re: ‘Natural born = at birth allegiance to a NATION-STATE regime.”

    Under our law, if a person is born in the United States, she or he owes allegiance to the United States.

    Madison wrote:

    “It is an established maxim, that birth is a criterion of allegiance. Birth, however, derives its force sometimes from place, and sometimes from parentage; but, in general, place is the most certain criterion; it is what applies in the United States.”

    What establishes allegiance? Some countries say parentage, but in the United States, what establishes allegiance? The place of birth.

    That is why a person who fought against the US in a war, such as WWII, would be considered a traitor if he was born in the United States even if he was a dual national. Dual nationality has no effect. If a person was born in the USA and fought against it, she or he is a traitor.

    Similarly, dual nationality has no effect on Natural Born status. If someone is born in the USA, she or he owes complete allegiance to the USA under our law. However, that is not what makes someone Natural Born. It is being Natural Born that generates US allegiance.

    In its original definition being Natural Born just means born in the country. Like Ohio-born means born in Ohio.

  32. smrstrauss

    Re: “natural born citizen to reduce the chances that he/she would have ANY loyalty to a foreign nation-state regime.”

    Absolutely. The requirement that someone be a citizen removes foreigners, and the requirement that someone be Natural Born removes naturalized citizens. But there is nothing that bars the children of foreigners from being president, so long as they are Natural Born, meaning born in America.

    As the Madison quote above shows, the writers of the Constitution believed that someone who was born in this country owes allegiance to this country. This applies to the children of parents of all countries, British, French, German, Chinese, Etc.

  33. Demo Rep

    Enemy regimes invade and occupy U.S.A. areas — see the U.S.A. colonies and parts of then Alaska Territory in the Pacific Ocean during World War II taken over by the Japanese Empire (who then bring along with their foreign sex slave women — from Korea or China).

    Pirates and slave traders have their foreign sex slaves (from Africa or South America) with them and get ship-wrecked in the U.S.A.

    The females give birth in the U.S.A. areas.

    Are the children magically *natural-born* citizens of the U.S.A. ???

    Sorry – NO allegiance to the U.S.A. regime by the fathers and/or mothers.

    What about Senator Howard’s comment ???

    For the many clueless —

    Natural born = nation-state allegiance at birth (based on nation-state allegiance of parents — or perhaps just the father — sorry — total male dominance since the Stone Age.)

    Naturalization = change in nation-state allegiance after birth

    1787 Const Art. I, Sec. 8, Cl. 4 The Congress shall have power *** To establish an uniform Rule of Naturalization, and uniform Laws on the subject of Bankruptcies throughout the United States;

    Such uniform Rule of Naturalization language replaced the naturalization laws of the 13 States in 1776-1789 — especially after the 1783 U.S.A. – British Peace Treaty.

    See the U.S.A. 1790 Naturalization law.

    Difficult only for the many constitutional law MORONS on this list — and of course, the many, many, many MORON lawyers and party hack judges in the U.S.A.

  34. obamacornlies

    Was January 20th, the first swear in, or the second? I remember the first one wasn’t legit or something and they had to redo it a day or two later…Doesn’t that make a difference?

  35. Jerry

    From The Michigan Law Review (2008)
    by Gabriel J. Chin, Chester H. Smith Professor of Law, Professor of Public Administration and Policy,
    University of Arizona

    “Those born in the United
    States are uncontroversially natural born citizens.”

    From a Senate hearing October 5, 2004

    Statement of Senator Orrin G. Hatch-
    “What is a natural born citizen? Clearly, someone born in the United States or one of its territories is a natural born citizen.”

    Statement of Senator Don Nickels-
    “It is clear that a child born within the physical borders of the United States and subject to the jurisdiction of the United States is eligible to run for President.”

    Clear, clear, uncontroversial. Nuff said.

    These birther arguments are simply a waste of time by people who have no lives. I’m sure they will continue making these pointless arguments well into Obama’s second term. They will have no more effect then they have so far. The world has moved on to actual discussion of issues rather than a rehashing of the 2008 election, just as baseball has moved on to play the 2009 World Series, rather than attempting to replay 2008.

  36. Demo Rep

    What about Senator Howard’s 1866 comment — the person who WROTE the first sentence of 14th Amdt, Sec. 1 ???

    Various other 1866 Senators agreed with Senator Howard.

    Various Democrats tried to say something about American Indian tribal members in 1866.

    Response from Republican Senators — Indians are internal foreign persons not *totally* subject to the jurisdiction of the U.S.A. regime.

    ALL American Indians were NOT naturalized by an Act of the Congress until about 1923.

    Of course in this nonstop New Age of party hack extremist leftwing / rightwing expedient politics it is inconceivable in party hack so-called brains that a top party hack just might NOT be legally QUALIFIEd to hold a public office.

    Sorry – even an election does NOT make an UNQUALIFIED person suddenly a QUALIFIED person to hold a public office.

    On to the appellate courts — where brain power is a bit more than in the lower brain dead party hack courts.

  37. smrstrauss

    Re: “What about Senator Howard?”

    The quotation you show does not refer to Natural Born. The words Natural Born do not appear in it at all.

    He said: This amendment which I have offered is simply
    declaratory of what I regard as the law of the
    land already, that every person born within the
    limits of the United States, and subject to their
    jurisdiction, is by virtue of natural law and
    national law a citizen of the United States.
    This will not, of course, include persons born
    in the United States who are foreigners, aliens,
    who belong to the families of embassadors or
    foreign ministers accredited to the Govern-
    of the United States, but will include
    every other class of persons.

    Moreover, it is apparently garbled. It says that every person born in the USA is a citizen. But then it says that this does not include foreigners. Yet he could not mean that the children of foreigners are excluded from being citizens if they are born in the USA.

    It is true that the children of diplomats are excluded from being citizens, but not the children of foreigners.

    More important, this is the view of ONE person. The decision in the Kim Wong Ark case reflected the view of six justices in a six-to-two ruling, by far the majority. And it said that all children born in the USA are Natural Born.

    Here is what it said:

    “It thus clearly appears that, by the law of England for the last three centuries, beginning before the settlement of this country and continuing to the present day, aliens, while residing in the dominions possessed by the Crown of England, were within the allegiance, the obedience, the faith or loyalty, the protection, the power, the jurisdiction of the English Sovereign, and therefore every child born in England of alien parents was a natural-born subject unless the child of an ambassador or other diplomatic agent of a foreign State or of an alien enemy in hostile occupation of the place where the child was born.

    III. The same rule was in force in all the English Colonies upon this continent down to the time of the Declaration of Independence, and in the United States afterwards, and continued to prevail under the Constitution as originally established.”

    NOTE that it said EVERY child born in England of alien parents was Natural Born (except for the children of diplomats). Note that it said that this rule continued in the Colonies and in the United States.

    It says that every child born in the USA is Natural Born. What does Natural Born mean? The original meaning is simply “born in the USA.” To this we added some special situations, such as a child born abroad of two US parents, but we never eliminated the original definition which was simply born in the USA.

  38. Quincy

    Re: “We shall endure and prevail, so help me God.” (#27)

    “The definition of insanity is doing the same thing over and over again and expecting different results”. –Albert Einstein

    This a waste of your own time as much as anybody’s, Orly. Hopefully you’ll realize that sooner rather than later.

  39. Forget all the reasons and argumments why he’s not legit, and all myopic, cynical, derogetory rebuttals, one very simple question remains for ANYONE to provide a reasonable and intelligent answer: Why would a sitting President continue to refuse to produce the single requested document that everyone is asking for as proof of citizenship and legitimacy to hold office, continue to spends several hundreds of thousands of his own money defending filed claims, and continue to ensure every acedemic document, from grade school through college, remains locked away from inquisitive eyes? Simple question…and many are waiting for what should be a very simple answer.

  40. Lawyer

    The Obama/Holder/DOJ loons posting in defense of Obama on every website that speaks against the administration are PAID WITH OUR TAX DOLLARS to blog, search “The Obama Justice Department’s Secret Blogging Team… Is it Illegal?” and see for yourself! Also search “TRACY RUSSO, DOJ BLOGGERS” and learn how “BIG” (ACTUALLY MASSIVE!) TRACY RUSSO and the DOJ are ILLEGALLY wasting OUR TAX DOLLARS TO SUPPORT THE TOTALLY EVIL MARXIST, GLOBALIST POLICIES of CONSTITUTIONALLY ILLEGAL OBAMA! OBAMA HAS ALMOST NO “GRASSROOTS SUPPORT”, THE FALSE IMPRESSION HE DOES IS BEING FOSTERED and FED BY THE DOJ PAID BLOGGING TEAM! HOW LOW WILL WE ALLOW OBAMA/HOLDER/DOJ TO STOOP BEFORE THE UPSTANDING CITIZENS of THIS NATION ARISE AND FIGHT?! THE OBAMA ADMINISTRATION IS A TOTAL DISGRACE FROM TOP TO BOTTOM!

  41. Lawyer

    How many of Obama’s queer boyfriends have “visited him” in the White House???

  42. Mountain Jack

    The wingnut assertion that Obama was born in Kenya is hilarious. His mama was never in Kenya — ever. Who say so? The Kenyan govt.

    In a report on August 3, 2009, The Washington Independent quoted a Kenyan Embassy official:

    Jon Chessoni, a first secretary at the Kenyan Embassy in Washington, can’t understand why his office gets so many baseless questions about whether Barack Obama was born in Kenya.

    “It’s madness,” said Chessoni on Monday. “His father, in 1961, would not even have been in Kenya. When this matter first came up, the Kenyan government did its research and confirmed that these are all baseless claims.”…

    Chessoni didn’t understand what Taitz was talking about or what her discovery (the gift of an “anonymous source” who’s “afraid for his life”) was supposed to prove. He showed the image [fake Kenyan birth certificate] to other embassy employees, who rolled their eyes….

  43. Paul Simpson

    As to why Obama does not provide a long form, it is no longer a legal form of birth ID in Hawaii. Since 2000, when Hawaii went paperless with the approval of the US Govt, the Certification of Live Birth is the ONLY form of legal identification in Hawaii.

    As to your chances of overturning the Hawaiian certification:

    The State of Hawaii has issued a Birth Certificate that meets all of the requirements of CFR 22.51.42. That Birth Certificate is certified by the State of Hawaii, and is considered proven by the Laws of the United States. It will be up to anyone who challenges its authenticity to prove, by a preponderance of the evidence, that the Birth Certificate is actually invalid. The Certification of Live Birth provided by Obama is LEGAL under Federal law for passports, drivers licenses, running for office, etc.

    There is a very high standard of proof that must be met in order to override the Constitutional ‘Full Faith and Credit’ standard granted to the State of Hawaii in this matter. That standard of proof would require that the complainant show proof that there was an actual fraud committed by the State of Hawaii in the certification of that Birth Certificate, or that the certificate itself was fraudulent. Either way, the burden of proof rests with the complainant. Merely making accusations that this may have happened is not sufficient.

    This would be true even if a foreign power were to present a Birth Certificate that was claimed to show birth in another country. Under the standard of ‘Full Faith and Credit’ that is specifically provided for in the Constitution, the public records of the State of Hawaii would take precedence over the public records of any foreign power. In order to meet the required burden of proof, the foreign record would not only have to be proven as true, but also the State of Hawaii’s record would have to be proven separately as false.

    GAME OVER.

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