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that a president be a “natural-born” citizen, calling the requirement “stupid” and asserting it discriminates, is outdated and undemocratic.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.

Top grade Kenya AA Coffee Roasted to Order – BUY IT HERE

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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Obama Refuses to Answer Birth Certificate Lawsuit. How can this be – Isn’t this AMERICA??

Friday, October 24, 2008 4:16 PM

By: Kenneth R. Timmerman

A Pennsylvania lawsuit alleging that Barack Obama is not a “natural-born citizen” of the United States took an unusual twist this week, after a federally mandated deadline requiring Obama’s lawyers to produce a “vault” copy of his birth certificate expired with no response from Obama or his lawyers.

The lawsuit, filed by former Pennsylvania Deputy Attorney General Philip J. Berg — a self-avowed supporter of Hillary Clinton — alleges that Barack Obama was born in Kenya and is thus “ineligible” to run for president of the United States. It demands that Obama’s lawyers produce a copy of his original birth certificate to prove that he is a natural-born U.S. citizen.

Berg’s suit and allegations have set off a wave of Internet buzz and rumors, though Obama could easily have put the matter to rest by providing the federal court with the basic documentation proving he is eligible to take the oath of a president. But Obama has apparently decided to deny the court and the public that documentation.

The Constitution provides that any U.S. citizen is eligible to become president if the person is 35 years of age or older and is a natural-born citizen; that is, born in the territorial United States.

By failing to respond to the Request for Admissions and Request for the Production of Documents within 30 days, Obama has “admitted” that he was born in Kenya, Berg stated this week in new court filings.

Berg released a long list of “admissions” he submitted to Obama’s lawyers on Sept. 15, and asked that they produce documents relating to Obama’s place of birth and citizenship.

Instead of responding, lawyers for Obama and the DNC asked the court to dismiss the case. But Judge R. Barclay Surrick of the Eastern District of Pennsylvania has issued no ruling in the case that would have given Obama’s lawyers more time.

“There are lots of legal ways to stonewall,” a well-placed Republican attorney told Newsmax, who was not authorized to comment officially on the case. “But failing to respond is not one of them.”

“The first thing they teach you in law school,” he added, “is don’t put a complaint like this in a drawer. That’s how a nuisance case can become a problem.”

The 30-day deadline for defendants to comply with a discovery request is set forth in the Federal Rules of Civil Procedures.

“It all comes down to the fact that there’s nothing from the other side,” Berg said after he filed a motion on Thursday for summary judgment.

“The admissions are there. By not filing the answers or objections, the defense has admitted everything. [Obama] admits he was born in Kenya. He admits he was adopted in Indonesia. He admits that the documentation posted online is a phony. And he admits that he is constitutionally ineligible to serve as president of the United States.”

Grandma’s DEATHLY ILL… so in 3 days Im gonna rush to her side.. Huh??

interesting  http://mediamatters.org/items/200810230020?f=h_top

Rush, Michael Savage, and more question the urgency with 10 days to go, let alone 3 days after an announcement

http://www.michaelsavage.com

The Constitution of the United States of America: Article II sec 1

[Paragraph 5:] 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 Office who shall not have attained to the Age of thirty five Years, and been fourteen Years a Resident within the United States.

even though Barack was certainly born in Hawai’i when Obama was possibly adopted by Lolo Soetoro around age six that meant that Barack’s name was changed to Barry Soetoro and he may have become an Indonesian citizen as a child. This also means that the birth certificate posted on Fight The Smears would have been sealed per adoption laws in Hawai’i and a new record created listing Lolo Soetoro as the father. This documentation has never been shown. As with Kenya, Indonesia did not allow dual-citizenship at that time.

You make the call America, is Barack Obama eligible under the Constitution if he was born in Hawai’i but was an Indonesian citizen at any time past the age of 18?

This link to What’s your evidence? is a detailed legal rejection of the Philip Berg lawsuit. In the comment thread below is additional information.

Sincerely,

Bitter Hinterlands

Possibly related posts: (automatically generated)

Obama Born in Kenya? (New Information) [Update x2]

Lot’s of reading here folks..

October 11, 2008 by texasdarlin

Coast Provincial General Hospital, Mombasa, Kenya

Update 2, 10/12/08 10:40 AM ET:  Since originally posting this story Saturday,  Atty. Philip Berg’s office informed us that they cannot discuss this matter due to pending litigation, which is understandable.  They also informed us that Berg is NOT collaborating with Ed Hale, moderator of a site, “Hillary Clinton Supporters for John McCain” and host of a radio show.  We have had no direct contact with Ed Hale, and have no idea whether he’s truthful or not.   Whether or not the “tip” we received is accurate, only time will tell.  At this time, we have no further independent verification. However, the reason we published this story and the reason we will keep the story on this blog is that the language in Berg’s filing — which is a matter of public record — is specific about the Kenyan birth place, and we assume that the claim is based on something besides wishful thinking.

Update 1, 10/11/08: Please note that the information about the Kenyan BC is based on a tip that has not yet been verified. The information about the lawsuit is confirmed, and was taken from the court record.


Judah Benjamin’s analysis follows the Foreword.

TD Foreword:  Those who have followed this blog know that our working assumption has been that Barack Obama was born in Hawaii.  We have asserted that Obama’s legal name and citizenship changed when he was adopted by Lolo Soetoro, and that the birth certificate image published on Obama’s campaign website does not reflect current records. You can read the previous articles referenced at the end of this post to catch up on our analysis.

We now wonder if our assumption about Obama’s birth place was wrong.

I have received an unverified tip that certified copies of a Kenyan Birth Certificate (BC) for Obama were sent from Kenya, and have been received by three separate individuals. I am told that these documents are certified, with an embossed seal, and display the name of the hospital where Obama was born, as well as witness signatures.

Reportedly this BC reflects information filed Oct. 9 by Philip Berg. See item #18 on this docket, page 10, the relevant language of which, underlined in red, is captured here in a screen shot:

It reads:

…Obama was born at Coast Hospital in Mombasa, Kenya located in Coast Province…

We do not currently have any additional confirmation of this new information. If it is an accurate tip, the implications are disastrous for Senator Obama and his backers. For that analysis, we proceed to Judah Benjamin…


Barack Hussein Obama II

By Judah Benjamin, Guest Author

It has been asserted by a number of sources, including Andy Martin, that Barack Hussein Obama was born in Mombasa, Kenya and not in Hawaii. Philip Berg’s Latest Motion to the Court is more explicit since it gives an exact Place of Birth. I must assume that Berg did not simply pluck the Location out of thin air, Mombasa has more than one Hospital, though Coast Provincial General was the best in 1961.

British Birth Certificates have a Standard Format which has been more or less the same since 1837 and they can only be challenged in a British Court. Kenyan Law is explicit and can only be challenged in a Kenyan Court. Indonesian Law is explicit and can only be challenged in an Indonesian Court. Be clear, if Obama was born in Kenya this is not simply a matter for the US Courts, or US Law.

If he was born in Kenya, and his parents were Legally Married [which on the Preponderance of Evidence they were, his father’s first “Marriage” being a Tribal, or Village, Marriage, which was not Legally Recognized] due to the age of his mother he would NOT have been a US Citizen. The Immigration and Nationality Act 1952, 8 U.S.C. 1401. Sec. 301 (g) [Effective November 14, 1986] does not apply, nor does Title III, Immigration and Nationality Act Section 309. [8 U.S.C. 1409].

Unless he has taken the Oath of Allegiance as a Naturalized Citizen since he was 18 years old, and if he was born in Mombasa, Kenya, Barack Hussein Obama II would not be a US Citizen, period. The issue of whether or not he was Natural Born under Article II of the Constitution of the United States would cease to matter and he would need to be Deported as an Illegal Alien.

Impeachment as a Senator would seem not to be necessary since he would never Legally have been one, but Diane Feinstein and the members of the Senate Ethics and Rules Committee would be liable to Impeachment. So would their opposite numbers in the Illinois Senate and the appropriate officials of the Illinois State Supreme Court and Bar, so far as I can see.

If Senator Barack Hussein Obama II was born in The Coast Provincial General Hospital at Mombasa in Kenya at 7.24 PM on August 4th 1961, or at any other time, he is not a Natural Born Citizen of these United States and he never was. Philip J Berg, Esq, is correct, under the Nationality Act of 1940, as Revised June 1952 and in accord with United States of America vs Cervantes-Nava 281 F 3d 501 (2002) and Drozd vs INS, 155 F 3d 81, 85-88 (2d Circuit 1998) Senator Barack Hussein Obama II would not ever have been a Legal US Citizen at all, unless he was Naturalized.

If he was born in The Coast Provincial General Hospital at Mombasa in Kenya any Certificate, or Certification of Live Birth, issued for him by the State of Hawaii is a Fraudulent and Illegal Document. At Birth he would have been a UK and Colonies Citizen and in accord with the Kenyan Constitution he would have become a Kenyan Citizen in December 1963. He would not have been a US Citizen.

Alternatively, his UK and Colonies Birth Certificate issued in Mombasa in August 1961 could be a Fraudulent and Illegal Document. The two BCs would need to be compared. By this I mean the Original Vault Copy of the Hawaiian Birth Certificate and not the Amended, Post Adoption, Copy, Legally available to the Senator, assuming he was, as indicated by the Preponderance of Evidence, Adopted by Lolo Soetoro. This case might also need to go through the UK and Kenyan Courts and becomes a Matter of International Law and Controversy.

If Barack Hussein Obama II was born at The Coast Provincial General Hospital at Mombasa in Kenya at 7:24 PM on August 4th 1961, or at any other time, it is certain that he is not Eligible to hold the Offices of POTUS or VPOTUS and highly probable that he is not Legally entitled to hold the Office of Senator either and that he was not Eligible to be an Illinois State Senator.

In that event the Senate Ethics and Rules Committee, Chair Diane Feinstein, have a problem because they are responsible for the Certification of a Candidate’s Compliance with Constitutional Requirements, a job they would have conspicuously failed to do. Should he be Elected the poisoned Chalice would pass to Nancy Pelosi because as Speaker of the House she, and the House, have the Responsibility to ensure that the President Elect can Effectively be Sworn In and Legally Assume the Office and Duties of the President.

Be very clear here, if Barack Hussein Obama II was born at The Coast Provincial General Hospital at Mombasa in Kenya at 7:24 PM on August 4th 1961, or at any other time, Diane Feinstein’s Committee have already failed in their Duty, as has every Secretary of State in the Union.

Let me repeat myself, if Barack Hussein Obama II was born in The Coast Provincial General Hospital at Mombasa in Kenya at 7:24 PM on August 4th 1961, or at any other time, he is not a Natural Born Citizen of these United States and he never was, he is not even a Citizen by Birth. I had assumed ab initio that Obama was born in Hawaii and that his Hawaiian Paperwork was basically “on the up and up”, I could not conceive that a lie of this magnitude was possible, I thought that the INS would have caught on long since. If he is a US Citizen under these circumstances his Oath of Allegiance must be on Record somewhere. If it isn’t he is not a US Citizen.

Hawaii may Legally be able to Issue a Birth Certificate under these circumstances, according to their own Code, but it would breach of International and Federal Law if they have. It would breach Hawaiian Law if the Place of Birth is spurious.

“[§338-17.8] Certificates for children born out of State. (a) Upon application of an adult or the legal parents of a minor child, the director of health shall issue a birth certificate for such adult or minor, provided that proof has been submitted to the director of health that the legal parents of such individual while living without the Territory or State of Hawaii had declared the Territory or State of Hawaii as their legal residence for at least one year immediately preceding the birth or adoption of such child.

(b) Proof of legal residency shall be submitted to the director of health in any manner that the director shall deem appropriate. The director of health may also adopt any rules pursuant to chapter 91 that he or she may deem necessary or proper to prevent fraudulent applications for birth certificates and to require any further information or proof of events necessary for completion of a birth certificate.”

So by that section he could get a certificate claiming Hawaiian birth even if he was physically born outside the US but the Place of Birth would need to be correctly recorded.

Understand, the Hawaiian Authorities may be able to Issue a Hawaiian Birth Certificate under these circumstances but they cannot make you a US Citizen. A child born in Kenya to and underage US Female and a UK and Colonies Citizen in 1961 was not born a US Citizen under any US Federal Law, under British Law, or International Law. The only way such an Individual could be a US Citizen in terms of the XIVth Amendment, or any Statute, or Code of US Federal Law is by Naturalization.

Under Common Law no Person can Testify as to their own Place of Birth, this is established Law upheld by stare decisis. Therefore it would be possible, even given the he was born in Kenya, for Obama to claim that he believed a Hawaiian Birth Certificate made him a US Citizen under the XIVth Amendment and that therefore he was acting in Good Faith running for an Office which he was Constitutionally Incapable of Holding. Unfortunately for him, his actions in regard to the Admission of his UK & Colonies and Kenyan Citizenships and his Indonesian Citizenship by Adoption, his frequent apparent Breaches of the Logan Act, his probable breaches of the Hobbs Act, the Hatch Act, USC Title 18 Part One Chapter 63 § 1346 and the RICO Statute make this Defense wholly Untenable, especially when one considers the fact that he holds a JD from Harvard Law. One may throw in the Misprision Statute for good measure. It is difficult to find any action or statement of Obama’s since 1992 that could be used to suggest Good Faith could be used as a Defense in this Case. I am not saying that Obama is Guilty of any of these Felonies or High Misdemeanors, only that his actions and pronouncements are such as to lead to a reasonable suspicion that he may be.

Under INA §349 “2. taking an oath or making an affirmation or other formal declaration of allegiance to a foreign state or a political subdivision thereof after having attained the age of eighteen years.” This is an “Expatriating Clause”, if you hold Dual Citizenship and do this you void your US Citizenship. Well Obama campaigned actively for Odinga in Kenya and apparently also took some kind of Luo Tribal Loyalty Oath. He may also have joined Odinga’s party. Of course his Dual Nationality lapsed in 1982 but INA §349 could, perhaps, still apply here, if he was born in Mombasa. It might even be concluded that Obama was providing grounds to restore his Kenyan Citizenship by Prime Ministerial Decree, which is Legal under the Kenyan Constitution. That would certainly look Expatriating to me, but I do not know how a Court would react.

There is indirect reason to believe that this may be true. “2d Session S. RES. 511: Recognizing that John Sidney McCain, III, is a natural born citizen.: In the Senate of the United States.” was Sponsored by Senator McCaskill and co-sponsored by Senators Leahy, Obama, Coburn, Clinton and Webb. Why? Why were Democratic Senators trying to pass a Resolution making Senator McCain undoubtedly Legally Eligible when this issue had already been cleared up in 2000 and again in 2004? And why did Senators McCaskill and Obama reportedly insert the following Clause?

“Whereas previous presidential candidates were born outside of the United States of America and were understood to be eligible to be President;”

This Clause has no particular relevance to McCain and the following Clause, which it is reported McCaskill and Obama attempted to REMOVE shows that:

“; and Whereas John Sidney McCain, III, was born to American citizens on an American military base in the Panama Canal Zone in 1936:”

It seems clear that McCaskill and Obama were attempting to create a blanket Resolution covering ALL Foreign Born candidates. Why do that if not to benefit a Foreign Born Democratic Candidate, who did not have a US Military background?

McCain did not need this resolution, Richardson did not need this Resolution, so far as I can see nobody needed this Resolution unless somebody in the race was born outside the USA and was “Covering his/her Ass” and the only individual in the race that that could apply to was Senator Obama! This in turn would show that the Senator is a liar who has been peddling untruths about his birth for at least 16 years!

Likewise it would explain why Michelle Obama tried trawling the “very single mother” canard. Were he illegitimate there is precedent and Statute that says if his parents were unmarried at the time of his birth he would have become a Citizen of the USA at Birth under Title III of the Immigration and Nationality Act Section 309. [8 U.S.C. 1409]. However, as Miller v Albright, 523 US 420 (1998) demonstrates there is, and was, a split in the Supreme Court as to whether this Law is in fact Constitutional under the XIVth Amendment. A new case might change the precedent. For now it stands.

I do not insist that any of this is true and to me it makes little difference if it is, I hold him Ineligible anyway and have seen no solid Legal Rebuttal of my view from any source, but if he was born in Kenya he has, and can have, no defense of any description and any Document he has from Hawaii is Fraudulent on several levels. To hold the Office of POTUS one must be a Natural Born United States Citizen, if he was born in Mombasa Obama probably isn’t even a United States Citizen much less Natural Born. He would be guilty of Fraud and a list of other offenses and any and all persons who had aided him would be guilty of Misprision, in all probability.


SEE PREVIOUS ARTICLES at TD BLOG:

Obama is Indonesian, UPDATE

Obama is Indonesian by TexasDarlin (9/30/08)

*Breaking* Obama Admits Dual Citizenship by Judah Benjamin (9/25/08)

The Trojan Candidate by Dr. Kate (9/21/08)

Photo Documents Barry Soetoro: Indonesian Citizen, Muslim Religion by TexasDarlin (8/13/08)

Kenyan Citizenship Report Debunked by TexasDarlin (8/13/08)

Obama’s Dual Citizenship Disaster by TexasDarlin (8/10/08)

The Paper Trail: Obama’s Indonesian Background by Judah Benjamin (7/29/08)

Divided Loyalties: Obama’s Citizenship Problem, Part 2 by Judah Benjamin (7/25/08)

Divided Loyalties: Obama’s Citizenship Problem, Part 1 by Judah Benjamin

October 11, 2008 by texasdarlin

Obama’s Kenyan links exposed! Investigation hits headlines as author detained

2008 WorldNetDaily

Democratic presidential nominee Sen. Barack Obama’s participation in Kenya’s political battles grabbed headlines when author and WND senior staff reporter Jerome Corsi was detained by soldiers and prevented from reporting his findings to media at a news conference in Nairobi. 

Now “The Obama Nation,” the book that contains a large part of Corsi’s investigation into Obama’s work with opposition leader Raila Odinga in Kenya, has skyrocketed up the Top 10 list of best-sellers at Shop.WND.com.

The New York Times No. 1 best-seller outlines Obama’s extensive connections with Islam and radical politics, his continuing links inside Kenya and what may have been a political strategy discussion about Odinga’s campaign that resulted in post-election violence against that nation’s Christian community.

Corsi, who also co-wrote the No. 1 New York Times bestselling “Unfit for Command” and is a senior staff reporter for WND, writes about the “extreme leftism” that an Obama presidency would feature.

By tracing Obama’s career and influences from his early years in Hawaii and Indonesia, the beginnings of his political career in Chicago, his voting record in the Illinois Legislature, his religious training, his religious conversion through his recent involvement in Kenyan politics, his political advisers and fund-raising associates and his meteoric campaign for president, Corsi shows that an Obama presidency would, in his words, be “a repeat of the failed extremist politics that have characterized and plagued Democratic Party politics since the late 1960s.”

Corsi, who has fallen ill following his detention in Kenya, was confronted by armed soldiers and immigration authorities just as he was planning a news conference in Kenya to release more results from his investigation of Obama and Odinga.

The situation developed last Tuesday as Corsi was to discuss Obama’s ties to Kenya as well as Odinga, who has claimed he is Obama’s first cousin. It was a series of “protests” following Odinga’s 2007 election defeat in that nation’s presidential election that produced enough violence to damage or destroy hundreds of Christian churches and kill an estimated 1,000 people.

Corsi was taken under guard to an immigration office

and held without food for most of the day until his scheduled flight out of Nairobi was being prepared, and he then was taken to the airport.

A Kenyan resident later told Corsi bribes totaling thousands of dollars were paid to facilitate his departure, at which point Kenyan authorities made sure he understood he was not welcome.

“Don’t ever come back. See you in hell,” Corsi reported an unidentified official told him as the author left.

READ THE REST HERE