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- Date: Wed, 28 Jul 2010 13:23:15 -0700 (PDT)
http://www.wnd.com/index.php?fa=PAGE.view&pageId=184453
Hawaiian birth? Still ineligible
Best-selling book cites Founders, numerous Supreme Court rulings
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Posted: July 27, 2010
8:56 pm Eastern
© 2010 WorldNetDaily
President Obama may not fit the constitutional eligibility requirement
that stipulates only "natural born" citizens can serve as U.S.
president, conclude the authors of a recently released book.
An investigation by the authors found that according to correspondence
from the original framers of the Constitution as well as multiple
Supreme Court rulings and the legal writings that helped establish the
principles of the Constitution, Obama is not eligible to serve as
president since his father was not a U.S. citizen.
With nearly 900 endnotes, the book, "The Manchurian President: Barack
Obama's ties to communists, socialists and other anti-American
extremists," was written by WND senior reporter Aaron Klein and
researcher Brenda J. Elliott.
The authors concluded Obama may not be eligible regardless of his
place of birth. The book recommends further legislative and judicial
debate.
Here's the rundown on Obama's ties to "communists, socalists and other
anti-American extremists – all in "The Manchurian President."
"It is undisputed that Obama's father was not a U.S. citizen," wrote
Klein, "a fact that should have led to congressional debate about
whether Obama is eligible under the United States Constitution to
serve as president."
(Story continues below)
Obama was born Aug. 4, 1961, to Stanley Ann Dunham and Barack Obama
Sr. Dunham was an American of predominantly English descent from
Wichita, Kan., and was 18 years old at the time of Obama's birth.
Obama Sr. was a member of the Luo tribe from Nyang'oma Kogelo, Nyanza
Province, Kenya, which at the time was still a British colony.
Article 2, Section 1, Clause 5 of the U.S. Constitution stipulates
presidential eligibility, requiring the nation's elected chief to be a
"natural born citizen."
The clause 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; 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."
The Fourteenth Amendment to the Constitution specifically defines
"citizen" but not "natural born citizen"
A "citizen" is defined as: "All persons born or naturalized in the
United States, and subject to the jurisdiction thereof, are Citizens
of the United States and of the State wherein they reside."
However, no definition of "natural born citizen" – which is only used
in the presidential requirement clause – was provided anywhere in the
Constitution, and to this day the precise meaning of the term is still
being debated.
There are no records of any definitive discussion on the matter during
the Constitutional Convention. That – coupled with the absence of
definitive Supreme Court rulings and a wide array of opinions
throughout the centuries – has only further confused the question of
what "natural born" actually means.
Still, the authors found that according to the framers of the
Constitution as well as Supreme Court rulings, Obama does not fit the
eligibility requirements.
'Natural born' defined
The first U.S. Congress passed a law that began to define "natural
born." The Naturalization Act of 1790 rejected the condition of being
born on U.S. soil and referred only to parentage: "The children of
citizens of the United States, that may be born beyond sea, or out of
the limits of the United States," the Act states, "shall be considered
as natural born citizens: Provided, that the right of citizenship
shall not descend to persons whose fathers have never been resident in
the United States.
Five years later, however, Congress repealed the act.
"Still, it was clear that the intention of the Constitution's 'natural
born citizen' qualification was to ensure the country would not be led
by an individual with dual loyalties," wrote Klein in "The Manchurian
President."
On July 25, 1787, John Jay, one of the three authors of the Federalist
Papers, wrote to George Washington, who was at the time presiding over
the Constitutional Convention in Philadelphia.
Jay discussed the dual loyalty concern, writing: "Permit me to hint,
whether it would be wise and seasonable to provide a strong check to
the admission of Foreigners into the administration of our national
Government; and to declare expressly that the Commander in Chief of
the American army shall not be given to nor devolve on, any but a
natural born Citizen."
Jay, however, also did not define "natural born."
Representative John Bingham of Ohio, a principal framer of the
Fourteenth Amendment, offered some definition for presidential
qualifications in a discussion in the House on March 9, 1866: "[I]
find no fault with the introductory clause [S 61 Bill], which is
simply declaratory of what is written in the Constitution, that 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."
"So according to Bingham, as well, Obama would not be eligible to
serve as president," wrote Klein.
To try to understand what the Founding Fathers meant by "natural
born," the authors wrote in "The Manchurian President" that some have
turned to prominent legal tomes of the day.
The Law of Nations, a 1758 work by Swiss legal philosopher Emmerich de
Vattel, was read by many of the American Founders and informed their
understanding of the principles of law, which became established in
the Constitution of 1787.
De Vattel writes in Book 1, Chapter 19, of his treatise, "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. … In order to be of the country, it is necessary that a
person be born of a father who is a citizen; for, if he is born there
of a foreigner, it will be only the place of his birth, and not his
country.
"So by de Vattel's standards, Obama arguably would not be eligible to
serve as president," wrote Klein.
Supreme Court casts doubt
Numerous Supreme Court decisions have yielded conflicting views of
citizenship and what it means to be a "natural born citizen." In Dred
Scott v. Sandford, in 1857, for example, the court ruled that
citizenship is acquired by place of birth, not through blood or
lineage.
But much of that decision – which had notoriously excluded slaves, and
their descendants, from possessing constitutional rights – was
overturned in 1868.
Another case, Minor v. Happersett, in 1874, mentions the "natural
born" issue.
"At common law, with the nomenclature of which the framers of the
constitution were familiar," the decision states, "it was never
doubted that all children born in a country, of parents [plural] who
were its citizens [plural], became themselves, upon their birth,
citizens also. These were natives or natural-born citizens, as
distinguished from aliens or foreigners. Some authorities go further,
and include as citizens children born within the jurisdiction, without
reference to the citizenship of their parents. As to this class there
have been doubts, but never as to the first. For the purposes of this
case, it is not necessary to solve these doubts. It is sufficient, for
everything we have now to consider, that all children, born of citizen
parents within the jurisdiction, are themselves citizens.
Writes Klein: "According to this definition, and scores of other
Supreme Court rulings, Obama may not be eligible to serve as
president."
The authors conclude that a "reading of readily available legal
resources regarding the definition of 'natural born citizen" clearly
indicates a series of legitimate questions about Barack Obama's
eligibility for the presidency, given that Obama's father was not an
American citizen."
"The resources warrant further debate," wrote Klein.
"The Manchurian President" points out despite these glaring
eligibility issues, the legislative and judicial bodies of the U.S.
government have held no formal discussions, nor did they conduct a
single formal investigation into whether Obama is eligible to serve
under the Fourteenth Amendment.
Congress did, however, question the "natural born" qualifications of
Obama's 2008 presidential opponent, Republican Sen. John McCain.
The scion of distinguished U.S. naval officers, McCain was born to two
American parents in the Panama Canal Zone. On April 30, 2008, the U.S.
Senate sought to answer the question by passing a nonbinding
resolution, which states, "Whereas John Sidney McCain, III, was born
to American citizens on an American military base in the Panama Canal
Zone in 1936: Now, therefore, be it resolved, that John Sidney McCain,
III, is a 'natural born citizen' under Article II, Section 1, of the
Constitution of the United States."
Obama called 'Manchurian President'
Meanwhile, "The Manchurian President" bills itself as the most
exhaustive investigation ever performed into Obama and his radical
background and ties.
Among the many finds of "The Manchurian President":
A coalition of extremists, including a founder of William Ayers'
Weather Underground domestic-terrorist organization, helped craft
Obama's "stimulus" bill;
Obama's health-care policy, masked by moderate populist rhetoric, was
pushed along and partially crafted by extremists, some of whom reveal
in their own words that their principal aim is to achieve corporate
socialist goals and a vast increase in government powers;
Extremists are among Obama's "czars" and other top advisers. New
information links top advisers Axelrod and Valerie Jarrett to
communist activists. The book uncovers correspondence in which a
communist confesses to mentoring and educating Axelrod and helping the
top Obama aide to secure his first job. Obama then later worked with
the same communist, the book finds;
Copious research reveals more about Obama's deep ties to Ayers,
uncovering for the first time where and how Obama first met Ayers –
and it is much earlier than previously believed;
Important aspects of Obama's carefully covered-up college years, with
new details of his student career at Occidental College and later at
Columbia University, are revealed;
Obama's early years, including his previously overlooked early
childhood ties to a radical, far-left church, are documented;
Obama's associations with the Nation of Islam, Black Liberation
Theology and black political extremists are also revealed, with
extensive new information on the subjects;
Obama's deep ties to ACORN, which are much more extensive than
previously documented elsewhere, are covered. The book also crucially
describes how a socialist-led, ACORN-affiliated union helped
facilitate Obama's political career and now exerts major influence in
the White House.
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