AMENDING THE NATURAL BORN CITIZEN REQUIREMENT: GLOBALIZATION AS THE IMPETUS AND THE OBSTACLE

KENYA AA

By Bob Unruh
© 2008 WorldNetDaily

An associate lawyer in a Chicago-based firm whose partner served on a finance committee for then-Sen. Barack Obama has advocated for the elimination of the U.S. Constitution’s requirement that a president be a “natural-born” citizen, calling the requirement “stupid” and asserting it discriminates, is outdated and undemocratic.

The paper was written in 2006 by Sarah Herlihy, just two years after Obama had won a landslide election in Illinois to the U.S. Senate. Herlihy is listed as an associate at the Chicago firm of Kirkland & Ellis. A partner in the same firm, Bruce I. Ettelson, cites his membership on the finance committees for both  Obama and Sen. Richard Durbin on the corporate website.

The article by Herlihy is available online under law review articles from Kent University.

The issue is the subject of nearly two dozen court cases in recent weeks, including at least two that have gone to the U.S. Supreme Court.

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Barack Obama and Kenyan Prime Minister Raila Odinga

Barack Obama and Kenyan Prime Minister Raila Odinga

There have been accusations that Obama was born in Kenya, not Hawaii as his campaign has stated. His paternal grandmother has stated she was in attendance at his birth in Mombasa. While Hawaii officials say they have seen his birth certificate, they have declined to release information from it.

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SARAH P. HERLIHY

INTRODUCTION

The natural born citizen requirement in Article II of the United States Constitution has been called the “stupidest provision” in the Constitution,1
undecidedly un-American,”2 “blatantly discriminatory,”3 and the “Consti-tution’s worst provision.”4 Since Arnold Schwarzenegger’s victory in the California gubernatorial recall election of 2003, commentators and policy-makers have once again started to discuss whether Article II of the United States Constitution should be amended to render naturalized citizens eligi-
for the presidency.5 Article II, Section 1, Clause 5 of the Constitution defines the eligibility requirements for an individual to become president. Article II provides:
No Person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President; neither shall any Person be eligible to that Of-fice who shall not have attained to the Age of thirty five Years, and been fourteen Years a Resident within the United States.6
Although these sixty-two words are far from extraordinary, the natural born citizen provision is controversial because it prevents over 12.8 million Americans from being eligible for the presidency.7 In addition to Governor

This is very lengthy – read it HERE

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