Viernes, 26 de marzo de 2010

Who is Barack Obama?


by Kathleen Gotto

IsObama a natural born American citizen if he was born with Britishcitizenship?

(Mar. 26, 2010) — It is astoundingthat more than a year into Obama’s presidency such a question is stillwithout an answer. The specific issue that has been largely kept underwraps by the mainstream media concerns the question, “Is Barack Obamaconstitutionally qualified to serve as our president?” In other words,irrespective of the fact that Obama is thedefacto U.S.president, the question still looms large whether or not he is a dejure or legalpresident. Such determination can be resolved only by the courts andmay ultimately have to be resolved by the U.S. Supreme Court.

The Constitution of the UnitedStates, Article II, Section 1, Clause 5, states the requirements for aperson to be eligible for the office of President:
“No Person except a naturalborn Citizen [emphasis added], or aCitizen of the United States, at the time of the Adoption of thisConstitution, shall be eligible to the Office of President; neithershall any Person be eligible to that Office who shall not have attainedto the Age of thirty five Years, and been fourteen Years a Residentwithin the United States.”
We can reasonably assume that BarackObama meets the last two constitutional requirements. It is beyonddispute that he is a resident of the U.S. He lives here and isobviously over thirty-five years old. Beyond that, Americans have noassurance he is even a U.S. 14th Amendment citizen, letalone a naturalborn Citizen. TheConstitution itself does not define the term “natural born citizen”;however, from various legal blogs which have argued this issueextensively over the internet, the consensus appears to be that ourfounding fathers relied heavily upon renowned Swiss jurist, Emmerich DeVattel, and specifically his book, TheLaw of Nations or the Principles of Natural Law (1758) for theirunderstanding of a NBC being a child born of two citizen parents.

Theirreliance on De Vattel is not surprising since his book was publishedduring the time our founding fathers were grappling with the issues ofsovereignty, law, rights and obligations for the new republic. Whilethere are various ways for one to attain citizenship in the UnitedStates, the president of this country “shall” be a naturalborn citizen. If one somehow attains the presidency but isineligible to do so under the Constitution, he is in fact as Dr. EdwinVieira so starkly stated, a usurper.

On October 29, 2008, Dr. Vieirawrote an 
article, “Obama Must Stand Up Now or StepDown” which is a very powerful essay on the constitutional crisis thatAmerica will face if a man not constitutionally qualified is elected.But America was seduced by vapid promises of hope and change andinvited the Trojan horse inside the gates. Dr. Vieira will likely proveto have been prescient in his stark warning to America.

So, is Barack Obama a usurper? You bethe judge. Until we can find a competent and courageous judge who wouldbe willing to suffer the wrath of Obama’s thugs to finally adjudicatethis issue and allow for full discovery, we will not know for sure.Obama was not vetted by the media, the Democrat party, or anyone else.There had to have been either a dismissal of any questions surroundinghis eligibility or a concerted effort to cover up Obama’sconstitutional problem to obtain the support and nomination of theDemocrat Party. With all the obfuscation, stonewalling, and attacksmade against Obama’s detractors, it certainly appears that leaders inthe Democrat Party were aware of Obama’s little problem. It will takecourt-ordered, full discovery to do the job that should have been doneby proper vetting. And it will likely take the U.S. Supreme Court toissue a definition of what a natural born Citizen is before this issueis finally resolved.

Numerous lawsuits have been filed onObama’s eligibility in the courts at both the state and federal levels.While there are cases still pending, most have been dismissed primarilyon the grounds that the litigant has no “standing.” The judges haveincredibly ruled that the litigants didn’t have standing because theywere injured no more than the rest of the citizenry. Hello! What kindof tortured logic or legal justification is that upon which to issue adecision with such momentous importance for a nation?

Attorneys Leo Donofrio andMario Apuzzo have done an outstanding job in explaining whatconstitutes a natural born Citizen. While Donofrio’s blog has beentemporarily suspended on the NBC issue as he prepares litigation onbehalf of Chrysler dealers and the loss of their livelihood at the handof the federal government, Apuzzo’s Kerchner v. Obama case is stillgoing through the courts. In his legal analyses, legal briefs, and hisarticles, all of which are posted on his 
website,  Apuzzo has done anexcellent job in educating the public on the issues. The summation ofhis arguments, concluding that a natural born citizen must be the childof two U.S. citizens, comports with De Vattel and the conclusionreached by Donofrio and other attorneys who either have had or stillhave pending lawsuits on this matter.

What is curious about the NBCissue is that Barack Obama had already acceded the fact of his bornallegiance to the British crown and citizenship of that country throughhis father. He openly acknowledged his British citizenship in hismemoir, Dreamsfrom My Father:

WhenBarack Obama Jr. was born on Aug. 4, 1961 (where he was born has never beenverified) Kenya was a British colony, still part of the UnitedKingdom’s dwindling empire. As a Kenyan native, Barack Obama Sr. was aBritish subject whose citizenship status was governed by The British NationalityAct of 1948. That same act governed the statusof Obama Sr.’s children:
British Nationality Act of 1948(Part II, Section 5): Subjectto the provisions of this section, a person born after the commencementof this Act shall be a citizen of the United Kingdom and Colonies bydescent if his father is a citizen of the United Kingdom and Coloniesat the time of the birth.
In other words, at the time of hisbirth, Barack Obama Jr. was both a U.S. citizen (assuming his mothermet the citizenship age requirement at the time to pass her citizenshipon to her son) and a citizen of the United Kingdom and Colonies by virtue of beingborn to a father who was a citizen of the UK. The status of his birth,therefore, begs the question: how can a man born subject to the Britishcrown through his father be a natural born American citizen?

As already stated, prior to the 2008election, Obama eligibility lawsuits were entered and dismissed on lackof standing grounds. Lawsuits continued to be filed even after theelection with the same results. Unfortunately, the constitutionalrequirement to be a NBC got buried under the brouhaha surroundingObama’s birth certificate. The copy that had been posted on theinternet has been denounced as a fake. Indeed, if it had been genuine,it would have been made readily available for forensic examinationmonths ago. That never happened.

Even the state of Hawaii becameinvolved in the birth certificate issue. Dr. Chiyome Fukino, HawaiiState Health Department Director, issued her second statement onObama’s birth status on July 27, 2009, hoping to stem the tide ofrequests to her office for releasable information under Hawaii’sUniform Information Practices Act (Modified) and stated:

“I, Dr.Chiyome Fukino, Director of the Hawaii StateDepartment of Health, have seen the original vital records maintainedon file by the Hawaii State Department of Health verifying BarrackHussein Obama was born in Hawaii and is a natural-born American citizen.
I have nothing further to addto this statement or my original statement issued in October 2008 overeight months ago,” Fukino said, in hopes of ending the controversysurrounding Obama’s citizenship.
It is interesting to note that nojudge has yet adjudicated the definition of NBC, but a bureaucrat inHawaii has declared Barack Obama to be a “natural-born Americancitizen.” On what basis does Fukino make her astounding statement?Obviously just because she said so. Fukino is no attorney, let alone ajudge, so whether her vital statistics department actually has anative-born Hawaiian birth certificate or an original certificate oflive birth from a foreign country on file for Obama is immaterial.Whether Obama was born in Hawaii or elsewhere in the States is not thequestion that needs to be adjudicated in a court of law. The onlyquestion that needs to be answered is whether he is a natural borncitizen and thus meets the first eligibility requirement under theConstitution to serve as president. Again, the haunting questionremains: how can a man born subject to the British crown and havingallegiance thereto be a natural born American citizen?

There are other allegations thatswirl around Barack Obama that will likely be made public beyond theinternet once this issue is taken up by the courts. Those allegationsare serious. But for now, the only question that we need to haveanswered to avoid a constitutional crisis and to avert the destructionof our republic is whether or not Barack Obama is a natural borncitizen. My money says he is not.

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Publicado por Corazon7 @ 11:31
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