[Apologetics] Is Obama Constitutionally Qualified to Be President?
Stephen Korsman
skorsman at theotokos.co.za
Tue Dec 2 20:15:05 EST 2008
Hi
Thanks ... that clears it up. For me, anyway. What the truth is will likely always be uncertain, but it's probably something that will be decided by whether or not he becomes president, rather than deciding whether or not he becomes president, i.e. setting a precident, even if it's not formally codifed. If he becomes president, which is most likely, nobody will, in 10 years time, overturn any treaties or laws or judicial appointments he made (unless the USA changes radically.)
It's not like Clinton's impeachment which was a real possibility at some point.
At least that's how I now understand it.
God bless,
Stephen
----- Original Message -----
From: Stuart D. Gathman
To: Stephen Korsman
Cc: Apologetics Group
Sent: Wednesday, December 03, 2008 12:23 AM
Subject: Re: [Apologetics] Is Obama Constitutionally Qualified to Be President?
On Tue, 2 Dec 2008, Stephen Korsman wrote:
> To what extent is this a real problem? To what extent should us
> non-Americans consider this sort of thing to be real news, or extreme fringe
> activity that comes from conspiracy theorists who wear tin foil beanies?
It's a very real issue, but much more complicated that rightwing nuts make out.
> o You have posted on the Internet an unsigned, forged and thoroughly
> discredited, computer-generated birth form created in 2007, a form that
> lacks vital information found on any original, hand signed Certificate of
> Live Birth, such as hospital address, signature of attending physician and
> age of mother.
There was a fake photoshopped "certificate" posted from Sep 07 to Sep 08. In
Oct 08, when all the blogs were abuzz with discussion about the fake image,
and even the Marxists were beginning to doubt, they added a real image of a
Certificate of Live Birth. This seems to have been a calculated attempt to
make conservatives look like idiots to their fan base. I have a copy of
the fake image if you are interested.
> o Hawaii Dept of Health will not confirm your assertion that you were born
> in Hawaii.
The Certificate of Live Birth means that a live newborn was presented, not
that the infant was actually born in the hospital. It could have been
born in the car on the way, or as alleged in the case of Obama, in Kenya a
few days earlier, due to the airline not allowing mothers about to give birth
to board.
> o Legal affidavits state you were born in Kenya.
Statements from witnesses in Kenya.
> o Your grandmother is recorded on tape saying she attended your birth in
> Kenya.
Ditto.
> o U.S. Law in effect in 1961 denied U.S. citizenship to any child born in
> Kenya if the father was Kenyan and the mother was not yet 19 years of age.
Ask a lawyer.
> o In 1965, your mother legally relinquished whatever Kenyan or U.S.
> citizenship she and you had by marrying an Indonesian and becoming a
> naturalized Indonesian citizen.
True, but since Obama was a minor, he could have renewed his Natural
Born Citizen status (if any) after age 18 and before age 21. He has
not presented evidence of having done so, and is documented as having
travelled on an Indonesian passport at age 20.
The Constitution requires the president to be a "natural born citizen",
but does not define the term - leaving the definition to the states.
Slave states, for instance, did not consider you a natural born citizen
regardless of where you were born if your skin color was black.
The 14th ammendment (the anti-slavery one) gives congress the power to define
"natural born citizen" (taking that away from the states). The definition
changes every so often, and they are all convoluted, so a real lawyer is needed
to decipher borderline cases like Obama and McCain. Several previous
presidents had questionable qualifications, and lawsuits challenging
qualification of candidates have been brought before. None have ever
succeeded.
McCain *did* present certified copies of all his documents prior to accepting
the candidacy (he was born on a military base in Panama to two US citizens,
which by unanimous declaration of the lawyers in the US Senate was "natural
born" according to Federal law at the time). Hilary and the other candidates
are also legal. Obama has never submitted proof of qualification. Lawsuits
have been brought from Hilary supporters and Republicans in 31 states beginning
in Sep 07. Most have been dismissed due to "lack of standing" of the
plaintiffs. Those bringing the suits are getting riled up wondering who *does*
have standing to bring such a suit?
The SCOTUS will "consider" the problem before the Electoral College meets.
This means a private meeting to discuss the merits of the case. I consider
it unlikely that they will rule against Obama or even take the case
because of the "racism" charge the MSM has been pushing. There would
be rioting like in the 60s.
Much of the documentation can be found online for the Berg lawsuit (a
Hilary supporter) brought in Pennsylvania in August 2008, just before the
primary. (Dismissed for "lack of standing".)
--
Stuart D. Gathman <stuart at bmsi.com>
Business Management Systems Inc. Phone: 703 591-0911 Fax: 703 591-6154
"Confutatis maledictis, flammis acribus addictis" - background song for
a Microsoft sponsored "Where do you want to go from here?" commercial.
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