What is a Natural Born Citizen?
Three requisites, all of which must concur, for Natural Born Citizenship eligible for President of the U.S.:
1. Father must be US Citizen (either Naturalized or Natural Born)
and
2. Mother must be US Citizen (either Naturalized or Natural Born)
and
3. Must be born in US soil
Note: In Statutory Construction, the meaning of the term has to be interpreted according to the usage of the day it was used. At the time when the U.S. Constitution was drafted, everybody knew what is meant by the term “Natural Born Citizen” and they didn’t have to define it in the Constitution itself because the latter is not a dictionary but a contract with the people. Such Contract is enforceable by any citizen bound by it, and therefore any citizen has full legal standing to question the eligibility of the candidate for the President of the U.S.
The Law of Nations has been international law, which as documented by Emmerich de Vatel (1758) states, in Chapter XIX, paragraph 212 (note the reference to plural citizens):
"The natives, or natural-born citizens, are those born in the country, of parents who are citizens. As the society cannot exist and perpetuate itself otherwise than by the children of the citizens, those children naturally follow the condition of their fathers, and succeed to all their rights."
John A. Bingham (the chief framer of the related 14th Amendment of the Constitution): "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."
http://sites.google.com/site/obamabirth
What do
Barack Obama,
the first African-American President of the United States,
and
Sun Yat-Sen,
the first President of the Republic of China
have in common?
Yes, they were both born in Hawaii, or so they claim.
Click on this link to see Sun Yat-sen’s “Certificate of Hawaiian Birth” despite having been born in Guangdong, China.
All the more to suspect that Obama was born in Kenya yet obtained the same infamous “Certification” in Hawaii.
What a coincidence!
http://sites.google.com/site/obamabirth/
http://sites.google.com/site/obamabirth/Home/obama-short-form-birth-certificate
BARACK OBAMA’S
Question 1:
Before I start reading this lengthy FAQ is there a brute force resolution, a Gordian knot solution to this so-called Barack Obama birth certificate controversy? Why all the fuss about his birth?
Answer:
1. Yes, there is a brute resolution.
2. This can be resolved in ten minutes if Barack Obama authorizes the release of a copy of his so-called LONG FORM (or “vault”) Certificate of Live Birth, that original document that shows where he was born, in what hospital, time and date, the attending doctor, name of parents, whose signatures appear in the document etc..
3. This is called LONG-FORM COLB for the purposes of this FAQ.
4. In all the countries in the world, it is this LONG FORM birth certificate that is the “best evidence” and the “conclusive proof” of birth.
5. In other words, the normal birth certificate that anybody presents when applying to school, for a passport, or for a school age group baseball league.
6. So far Obama has shown only the SHORT FORM (which is only an abstract and contains minimal information), which is a computer-generated “secondary” evidence that is derived out of the original source document. The legal probative value of this Short-Form is practically nil in the courts of law when the information on this document is challenged legally and the challenger demands the “best evidence” which is the LONG FORM. Of course, the original source document, the “primary evidence” document, is the LONG FORM COLB. See Wigmore’s definitive textbook on Evidence.
7. It is this refusal by Barack that is the source of this controversy. Obama must show his proof of eligibility but he doesn't have to present to every citizen in the US his own copy, if he is concerned about this privacy. At least he needs to show it, in closed door proceedings, to a competent court or authority who can legally confirm that he has legally complied with the legally required Natural Born Citizenship.
8. What’s complicating the issue is that even Barack’s Kenyan grandmother has admitting in a taped interview with an Anabaptist bishop that she witnessed the birth of Barack in Kenya, specifically in Mombasa, an island only 14 square km in size.
9. Finally, since Barack Obama was a British subject or citizen at birth, this fact alone makes Barack a non-natural born citizen, according to the constitutional experts citing law and jurisprudence.
10. Obama doesn't have to present to every citizen in the US his own copy. He only needs to show it, in closed door proceedings, to a competent court or authority who can legally confirm that he has legally complied with the legally required Natural Born Citizenship.
11. What would have happened in the old days of the United States if President George Washington were succeeded along the presidential line by a hypothetical son of Major-General William Howe who commanded the British forces in the Battle of Bunker Hill and a hypothetical American citizen mother? After the hundreds of thousands of lives lost in the American Revolution, do you think that the American constitution would have considered that hypothetical son a Natural Born citizen? This is a good way to portray Barack Obama II’s citizenship being born to a British father and an American mother, regardless of whether he was born in Hawaii or Kenya.
12. Until this practice was stopped in 1972, a person born outside of Hawaii could obtain a “Certificate of Hawaiian Birth”. This could have happened to Obama as well. Example is the great Chinese hero, Dr. Sun Yat-Sen who is the “Father of Modern China.” A website dedicated to him shows a copy of this Certificate of Hawaiian Birth despite having been born in China!! See Sun Yat-Sen’s Certificate here:
http://sites.google.com/site/obamabirth/Home/obama-short-form-birth-certificate
13. Because of the absence of Obama’s Long-Form or Vault Birth Certificate only the courts can ascertain the citizenship of Obama.
14. Scenario One: Barack was born in Kenya to a US citizen mother who was less than 19 years old and a father who was not a US citizen.
Status: Then Obama is NOT even a U.S. citizen at all, according to the law existing in 1961 his year of birth. (see full discussion below)
15. Scenario Two: Barack was born in Hawaii but his father was British anyway.
Status: Then Barack is a Citizen but NOT a Natural Born Citizen as defined by the US Constitution, law, and jurisprudence. (see full discussion below.)
16. This is a legitimate legal issue that needs to be settled once and for all by the Supreme Court of the United States (SCOTUS). But instead of a trial on the merits, the courts have raised technical issues of proper standing of the plaintiffs. For the lawyers out there, be aware that so far there has been no trial on the merits regarding Obama’s citizenship. If a citizen has no standing to protect the Constitution, then who has?
Question 2:
Barack Obama is on the ballot of every state. Certainly, this means that he filed his candidacy and made allegations in his candidacy in all these states that he is a natural born citizen. And certainly, the government agencies involved did not merely take him at his word but required his proof of natural born citizenship. Certainly, all these applications in each state have attachments proving the same. How old is he? Is he at least 35? Was he born of US parents on US soil? All these information are understood to have been given to all the government agencies who accepted his candidacy. So how come citizens are challenging Barack’s qualifications? Isn’t this the job of the government agencies to challenge the allegations of all candidates?
Answer:
This can only happen in the movies.
Incredibly, the answer is that all government officials and agencies have been gullible enough to accept everything written by any candidate without requiring proof.
Even a person like Roger Calero who is obviously, in plain sight, is not Natural Born (he was born in Nicaragua) managed to get his name on the ballots of five states. Incredible!
And now, that many citizens have been challenging Obama to prove his natural born citizenship, the government officials refused to do so on their own initiative, and even made representations in the court cases that they are not supposed to do it.
(The officials do not want to admit that they did not do their jobs of verifying Obama’s claim that he is a Natural Born Citizen! They could be in jail for malfeasance, misfeasance, or nonfeasance.)
This is a huge embarrassment for the most powerful nation in the world. That we are victims of a failure of the entire government machinery to verify statements made by candidates.
It’s a case of “somebody should have checked whether Obama’s claim to natural born citizenship is true but look, it’s not me who should be doing it” syndrome.
An election for President and Commander in Chief of the Military must strive to be above reproach. Our public institutions must give the public confidence that a presidential candidate has complied with the election process that is prescribed by our Constitution and laws. It is only after a presidential candidate satisfies the rules of such a process that he/she can expect members of the public, regardless of their party affiliations, to give him/her the respect that the Office of President so much deserves.
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