BORN IN THE USA?
just 1 vote from governor
Oklahoma lawmakers chasing
Arizona to be 1st with requirement
Posted: April 13, 2011
8:28 pm Eastern
By Bob Unruh
Obama on the campaign trail
A regional tea party leader who met recently with possible GOP 2012 presidential contender Donald Trump to discuss Barack Obama's eligibility says states need to do something soon to begin closing the gap exposed in 2008 when Obama was elected and took office without documenting his qualifications under the Constitution's requirement presidents be a "natural born citizen."
And Kelly Townsend of Phoenix Tea Party just might be getting her wish, if a couple more votes fall into place and the governors involved are agreeable.
That's because two bills pending in state legislatures to require state vetting of candidates not only remain alive but are advancing.
Senate Bill 91 in Oklahoma has been approved in the Senate and is out of committee in the state House, leaving only a couple of votes before the representatives before it could be turned over to the governor.
Not complicated, it requires that all candidates ? not just those for president ? shall "provide proof of identity and eligibility to hold the office."
It provides that the secretary of state write up rules to specify the documentation that will be required and that such documents will be made available for public inspection.
In Arizona, a similar plan advanced out of the state Senate and faces only a single concurrence vote in the state House before it could go to Gov. Jan Brewer.
It requires similar documentation, but also includes a provision that identifying documents for a presidential candidate could be the same ones as those used to acquire a top security clearance in the federal government.
Townsend told WND that the gap is that there is no procedure or standard for making certain that the candidates for president, in fact, meet the demands of the U.S. Constitution, to be age 35, a resident in the U.S. for 14 years and a "natural born citizen."
The questions have arisen over Obama because while he has talked about his birth in Hawaii, he's offered no documentation but a "Certification of Live Birth" online image of a document that during the time of Obama's birth was available to any child whose parents would state he or she was born in Hawaii, whether true or not.
Townsend said she and several others met recently with Trump, who has been raising the issue of Obama's eligibility to stratospheric heights in nearly every interview he conducts, but there were no immediate plans made as he has not yet formally announced a candidacy.
She said the Arizona delegation was able to discuss with Trump the proposed law there, and she believes Arizona's lead on the controversy is very important. And she suggested that the issue will continue until it is resolved, and halfway answers probably aren't going to suffice.
The New York Times has contended that Hawaii has "confirmed" that the online document is authentic, however no state official has publicly verified it is Obama's Certification of Live Birth. They have said they have Obama's records, but they haven't detailed what information they include.
WND has reported on the state-level efforts to ensure that candidates for the Oval Office meet the requirements established in the U.S. Constitution.
The plans also appeared this year in New Hampshire, Montana, Iowa, Maine, Tennessee, Connecticut, Georgia, Indiana, Missouri, Nebraska and Texas. Some efforts are conclusively out of the running, and in some states plans already are being made for next year, which still would give states time to impose a requirement for the 2012 election. .
New Hampshire last year adopted HB1245, but it requires only a statement under penalty of perjury that a candidate meets the qualification requirements of the U.S. Constitution, which is similar to what the political parties already state regarding their candidates.
At the time the Constitution was written, many analysts suggest, a natural-born citizen was considered to be a citizen born of two citizen parents. If that indeed is correct, Obama never would have been qualified to be president, as he himself has confirmed his father was a Kenyan subject to the jurisdiction of the United Kingdom, making Obama a dual citizen with Kenyan and American parentage at his birth.
Other definitions regard a natural-born citizen to be a person born of citizen parents inside the nation.
There have been dozens of lawsuits and challenges over the fact that Obama's natural-born citizen status never has been documented. The controversy stems from the Constitution, Article 2, Section 1, which states, "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."
The challenges to Obama's eligibility allege he does not qualify because he was not born in Hawaii in 1961 as he claims, or that he fails to qualify because he was a dual citizen, through his father, of the U.S. and the United Kingdom's Kenyan territory when he was born and the framers of the Constitution specifically excluded dual citizens from eligibility.
There are several cases still pending before the courts over Obama's eligibility. Those cases, however, almost all have been facing hurdles created by the courts' interpretation of "standing," meaning someone who is being or could be harmed by the situation. The courts have decided almost unanimously that an individual taxpayer faces no damages different from other taxpayers, therefore doesn't have standing. Judges even have ruled that other presidential candidates are in that position.
The result is that none of the court cases to date has reached the level of discovery, through which Obama's birth documentation could be brought into court.
Obama even continued to withhold the information during a court-martial of a military doctor, Lt. Col. Terrence Lakin, who challenged his deployment orders on the grounds Obama may not be a legitimate president. Lakin was convicted and sent to prison.
A year ago, polls indicated that roughly half of American voters were aware of a dispute over Obama's eligibility. Recent polls, however, by organizations including CNN, show that roughly six in 10 American voters hold serious doubts that Obama is eligible under the Constitution's demands.
Orly Taitz, the California lawyer who has worked on a number of the highest-profile legal challenges to Obama, was encouraging residents of other states to get to work.
"We need eligibility bills filed in each and every state of the union ... as it shows the regime that we are still the nation of law and the Constitution, that the Constitution matters and state representatives and senators are ready to fight for the rule of law. During the last election there were some 700 more Republican state assemblyman elected all over the country, as the nation is not willing to tolerate this assault on our rights and our Constitution any further," she said.
There also was, during the last Congress, Rep. Bill Posey's bill at the federal level.
Posey's H.R. 1503 stated:
"To amend the Federal Election Campaign Act of 1971 to require the principal campaign committee of a candidate for election to the office of President to include with the committee's statement of organization a copy of the candidate's birth certificate, together with such other documentation as may be necessary to establish that the candidate meets the qualifications for eligibility to the Office of President under the Constitution."
The bill also provided:
"Congress finds that under ? the Constitution of the United States, in order to be eligible to serve as President, an individual must be a natural born citizen of the United States who has attained the age of 35 years and has been a resident within the United States for at least 14 years."
It had more than a dozen sponsors, and while it died at the end of the last Congress, there are hopes the GOP majority in the House again will move such a plan forward.
There also is a petition, already signed by tens of thousands, to state lawmakers asking them to make sure the next president of the United States qualifies under the Constitution's eligibility requirements.
"What we need are hundreds of thousands of Americans endorsing this strategy on the petition ? encouraging more action by state officials before the 2012 election. Imagine if just one or two states adopt such measures before 2012. Obama will be forced to comply with those state regulations or forgo any effort to get on the ballot for re-election. Can Obama run and win without getting on all 50 state ballots? I don't think so," said Joseph Farah, CEO of WND, who is behind the idea of the petition.
For nearly two years, Farah has been one of the few national figures who has steadfastly pushed the issue of eligibility, despite ridicule, name-calling and ostracism at the hands of most of his colleagues. To date, in addition to the earlier petition, he has:
Farah says all those campaigns are continuing.
"Obama may be able to continue showing contempt for the Constitution and the rule of law for the next two years, as he has demonstrated his willingness to do in his first year in office," he wrote in a column. "However, a day of reckoning is coming. Even if only one significant state, with a sizable Electoral College count, decides a candidate for election or re-election has failed to prove his or her eligibility, that makes it nearly impossible for the candidate to win. It doesn't take all 50 states complying with the law to be effective."
If you are a member of the media and would like to interview Joseph Farah about this campaign, e-mail WND.