Saturday, April 16, 2011
by: Mario Apuzzo, Esq.April 16, 2011
I recently reported that Arizona has become the first state in the nation to pass a vetting and eligibility bill covering all federal and state candidates for public office, including those vying for the office of President. The bill now goes to Governor Jan Brewer for her signature. If she does not sign it, the bill will also become law. The only way the bill will not become law is if she vetoes it. She has until Thursday to act.
The April 16 edition of The Arizona Republic has a series of articles regarding the Arizona eligibility bill. The lead article on the front page is entitled, “Arizona’s ‘Birther’ Bill Faces Legal Challenges.” In the article, Professor Paul Bender, an Arizona State University constitutional law professor, is quoted as saying the bill is unconstitutional because: "You can't have 50 states using 50 different standards to determine whether the presidential standards are met." Read more: http://www.azcentral.com/arizonarepublic/news/articles/2011/04/16/20110416arizona-birther-bill-legal-challenges.html#ixzz1Jjh3cUKL
I do not agree with Professor Bender. I have covered this issue in my article entitled, The States Have the Constitutional Power to Pass Legislation Prescribing Presidential Ballot Access Requirements Including Determining Whether a Candidate Meets the Eligibility Requirements of Article II, Section 1, Clause 5, which can be read at: http://puzo1.blogspot.com/2011/03/states-have-constitutional-power-to.html. Arizona is not adding any additional standard to the Constitutional presidential eligibility requirement. Rather, it is only enforcing the ones that are already spelled out in Article II, Section 1, Clause 5, i.e., a “natural born Citizen,” 35 years old, and a resident for 14 years. That a candidate presents proof of place and date of birth in order to satisfy the “natural born Citizen” and 35-years-old age requirements is not only reasonable but also necessary and proper. Such a requirement does not change the constitutional standard. In fact, Arizona could also ask for information on the citizenship of the candidate’s parents. Apart that a “natural born Citizen” is a child born in the country to U.S. citizen parents, let us not forget that one of the reasons the U.S. Senate voted in Senate Resolution 511 that John McCain was a “natural born Citizen” is because he was born to U.S. citizen parents.
So let us review the position of Obama's enablers regarding addressing Obama's eligibility to be President:
They tell us that the courts have no jurisdiction over the matter.
They tell us that no one among the people, including candidates, has standing to bring any case in court to protect themselves regarding whether their President and Commander in Chief, who has a constitutional duty to protect their lives, liberty, and property, is a “natural born Citizen.”
They concede that a person must be a “natural born Citizen” in order to be eligible to be President, but then add that Obama has a right to privacy over his birth certificate. It just so conveniently happens that this so-called right to privacy prevents the people from learning whether he really is a “natural born Citizen.”
Congress tells us that the courts have resolved the problem, even though no court has ever ruled on the merits of the question but rather dismissed most of the eligibility law suits because of standing.
The courts tell us that they have no jurisdiction and that Congress should have resolve the problem and in default thereof the people have to resolve the constitutional question of whether Obama is an Article II “natural born Citizen” in the voting booth.
Dr. Chiyome Fukino, the former Director of the Hawaii Department of Health, has recently told us after almost three years that she has seen in the past Obama's real birth certificate. She recently told us exactly where it is located in the Hawaii Department of Health offices. Even though Dr. Fukino knows that the real birth certificate is “located in a bound volume in a file cabinet on the first floor of the state Department of Health,” and despite being the Governor of the State of Hawaii, Abercrombie could not find it when recently he went looking for it. Even Tim Adams, former Hawaii election clerk, said that during the 2008 election campaign, no one could find Obama’s real birth certificate. Hence, no current Hawaii official has seen the real birth certificate and only one person in the whole world has done so in the past. For more comment on Dr. Fukino, see my article entitled, An Analysis of the Current Revelations of Hawaii’s Dr. Chiyome Fukino to NBC News Regarding Obama’s Place of Birth, at http://puzo1.blogspot.com/2011/04/analysis-of-current-revelations-of.html.
Hawaii tells us that no one can get a copy of Obama’s real birth certificate, including Obama himself. The reason they give is that Hawaii simply does not provide such copies anymore.
Obama, our Commander in Chief of the Military, would rather send one of his highly decorated military officers, LTC Terry Lakin, who acted out of duty to the Constitution, to federal prison and cause him to lose military career, pay, and pension rather than show his real birth certificate.
And let us not forget our illustrious media which has been telling us that Obama has long since released to the world his birth certificate even though Governor Abercrombie and the 2008 election officials could not find it and Dr. Fukino is the only person in the world who allegedly saw Obama’s real birth certificate.
Even though the Constitution clearly states that a presidential candidate must be a “natural born Citizen” in order to be eligible to be President, lawmakers in several states have not been able to pass simple, common sense legislation that requires that candidates show proof of citizenship.
Now some states like Arizona, which have decided to take the common sense challenge, are attempting to address this issue and constitutional law Professor Bender tells us that what it is attempting to do is unconstitutional because it has added to the constitutional eligibility requirements by having the nerve to ask for proof that the presidential candidate is a “natural born Citizen,” 35 years old, and a 14-year resident of the U.S., which we all know are constitutional eligibility requirements spelled out in Article II, Section 1, Clause 5 of that very same Constitution.
And if you should complain about any of this, you are a racist.
We can thank Obama for making the United States and our leaders the laughing stock of the world.
Mario Apuzzo, Esq.
April 16, 2011
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Mario Apuzzo, Esq.
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