When I started this Blog I had no intention of interjecting politics (although some would claim that patriotic musings are political in themselves) and that is still my intent. However, after reading David Horowitz's opinion piece in TownHall.com entitled Obama Derangement Syndrome: Conservatives Need to Shut Up About the Birth Certificate, I felt the need to respond. As someone who loves this country, my love doesn't exist just because America exists, it arises out of a deep affection from the very document that created our Republic: The U.S. Constitution. This profound document underpins all that is great about this country. With that, I'll explain what I believe is going on here.
I have only followed the Obama birth certificate issue peripherally and have not independently verified any facts or allegations. However, it is my understanding that there are a number of people who have filed suit in Federal Court to block the inauguration of Barack Obama as President of the United States on the basis that he is not a natural born U.S. citizen. Allegedly, Mr. Obama's mother gave birth in Mombasa, Kenya and she and his father immediately flew to Hawaii to register the birth. Mr. Obama's mother was a U.S. citizen and his father was not. So, what's the issue? Well, apparently, back in 1961 in order for a child born to a U.S. citizen and an alien to be a natural born citizen of the United States, the U.S. citizen parent must have been a citizen who had lived in the U.S. for at least five years after their 14th birthday. Mr. Obama's mother was 17 years old at the time of his birth, which doesn't meet the five year requirement. As a result, the plaintiffs allege that Mr. Obama is not a natural born citizen of the United States and, thus, cannot serve as President of the United States.
Why does this matter? Article II, Section I of the U.S. Constitution 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;....”
Folks, this very well may just be a desperate attack from a fringe element of the right wing who is looking to get back at the Democrats for their sore loser attempt to declare George W. Bush's election in 2000 as illegitimate; however, this is a Constitutional issue that must not be ignored. It's also an issue that could easily and quickly go away if Mr. Obama and his attorneys wanted it to. Filing motions to dismiss and refusing to release a certified copy of his Hawaiian birth certificate is fueling the fire of the conspiracy theorists' claims. This is a no brainer. If Mr. Obama and his attorneys know without a shadow of doubt that he is a citizen, then let the court case proceed and present definitive evidence to the court of the same. Then file a motion for summary judgment. Violà! Case closed. Each and every day his attorneys use typical lawyer tactics to delay or dismiss the lawsuits, it looks like there is something to hide and the conspiracy will get stronger.
Now, I suppose this is a minute chance that Mr. Obama was born in Kenya. There is an affidavit of a witness claiming his grandmother said as much. I doubt that it's true, but if it is, then the Constitution precludes him from serving as our President. It seems to me that this is clearly an issue of fact which is appropriate for the court to decide.
So, I disagree with Mr. Horowitz that conservatives should shut up about this issue. Instead, Mr. Obama and his attorneys should present incontrovertible evidence of his citizenship and be done with it. Then let's move on. We have some serious issues to deal with in this country and fueling a legitimacy argument will not help us move forward, only hold us back.
Tuesday, December 9, 2008
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Is the Constitution unenforceable?
Over a dozen lawsuits have been filed most of which are hinged on forcing the President Elect to show his “Vault Birth Certificate” (not the COLB). So far, the lower courts ruled that none of the plaintiffs, as US citizens, have “standing” to enforce the Constitution, as they can not prove “irreparable harm”. State officials take the stance that checking eligibility for presidency is not their duty. One Elector made a public statement to the effect that the current administration had ample opportunity, so he is counting on them to check the eligibility of the President Elect. In the meantime, the White House would not touch the issue with a ten-foot pole. The mainstream media largely avoids the topic or dismissing it as fanciful conspiracy theory, instead of questioning why the President Elect spent hundreds of thousands on legal fees to keep it secret. Even most conservative talk show hosts, with few exceptions, avoid the issue or touch it on surface only. There is silence from the GOP as well.
The Supreme Court shows total disinterest treating the issue, as not worthy of their noble attention. Consequently, the Constitution is unenforceable. Citizens have no “standing” and those who have “standing” don’t care.
In many states one must show a valid birth certificate for fishing or driver’s license, or for receiving social security benefits, but a simple statement of eligibility by the candidate is sufficient to be president, similarly to a “no-doc real estate loan”.
Suggestion: As US citizens have no “standing” because they can not prove harm sufficiently, let’s ask one of the Guantanamo Bay prisoners to file a lawsuit. The courts have been enthusiastically granting these foreign dudes “standing” at US courts, as if they were citizens. A good attorney could claim that the President Elect appears to be less determined to dismantle GITMO than promised in his campaign, thereby causing irreparable harm to the terrorist. No doubt the court will order the “Vault Birth Certificate” promptly.
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