Obama Citizenship and the Constitution

Posted by johnhouk on Dec 03, 2008
 John R. Houk
© December 3, 2008

Blogger profile “Ted” has been posting numerous Comments on the Blogger version of SlantRight.com promoting an examination of President Elect Obama’s authenticity of citizenship. Normally I would be angry with “Ted” because all his Comments are completely off topic from the original post.

And yet the whole Constitutional issue of BHO’s citizenship is a fascinating constitutional dilemma that could twist and tangle constitutional law in America if a line of reasoning is pursued according to the wishes of the persistent anti-Obama Conservatives.

There are more of Ted’s Comments but here is the last one:

To say that American main stream media has failed to report what is "the story of the century" is an UNDERSTATEMENT. Their cover-up is treasonous. In the event the Supreme Court ultimately determines that Obama cannot be President -- not qualifying as an Article II "natural born citizen" -- the msm will be the blame for any civil unrest by failing to prepare the American public.

Watch this -- http://www.youtube.com/watch?v=IQnL2IwyUAs


I have tried to respond to Ted on each of his Comments with a slight rebuke added to the mix for not Commenting on topic; however this time around I found my response to be long enough that I should post the Comment itself. And so I have done so below.

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Ted it is only because I find the citizenship issue of Barack Hussein Obama to be fascinating that I do not delete these numerous off post comments.

In the spirit of the dialog you are attempting at Slant Right I have to disagree with the YouTube video you linked to.

The Constitutional issue of the definition of a "natural born citizen" is way more muddied than it is clear.

The easiest determination is a birth on American soil (hello illegal immigrants).

After that clarity begins to fog up because the Constitution itself does not define WHAT a "natural born" citizen is. Congress has via statute has been updating that definition for decades, in particular what constitutes a "natural born citizen" born outside of American soil.

I believe the latest statute allows for one natural born citizen - the male - to be a parent when the child is born outside the USA.

Is the statute Constitutional in light of the Civil Rights Act of 1964 which is often now linked to the 14th Amendment to equalize the legal standing of females to males.

Although the original intent of the 1964 Civil Rights Act was race equality and employment rights; women have successfully adjudicated cases for equal rights. This is why critics have effectively staved off passage of the Equal Rights Amendment which is a mere three States short of passage.

Thus SCOTUS could either rule in favor of Obama citing equal rights of a woman to a man thus enabling a female natural born citizen to also be a parent to cause a birth outside the USA to be a natural born American; OR SCOTUS could merely instruct Congress to clarify the natural born citizen statutes thus far. That would mean a Dem Party dominated Congress would ensure Barack Hussein Obama's natural born status.

On the other hand it would reveal BHO as less than an honest person if indeed he was born in Kenya (as he denies). The voters would know they were duped and would have to consider what other lies BHO may have told.

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Apart from Ted’s efforts David Horowitz who I look up to as one of the heroes of exposing the global Islamic agenda, is actually lambasting anti-Obama Conservatives for trying to bring Obama’s citizenship issue front and center. I cross posted his take along with my Comment HERE.

I pointed out that I agreed to two of three of Horowitz’s objections for raising an issue (Go to the post to see the two). The Horowitz objection dealt with constitutional law versus the will of the people via a democratically ran election that made Obama President Elect.

In short Horowitz implied the U.S. Constitution should be rendered irrelevant when the will of the people have spoken and elected Barack Hussein Obama as President of the United States of America.

As I intimated to Ted even if SCOTUS actually goes through with a hearing after a review (I doubt that will happen), SCOTUS should examine the issue and send clarification to Congress in which decisions are made. Obviously that will slow down the American Electoral process because if Congress does not quickly SCOTUS may suspend the January 20, 2009 Inauguration until Congress clarifies what a Natural Born citizen with clear specificity.

This is where the Constitutional crisis emerges for such a situation or ruling has never been enforced in American history. Nonetheless if SCOTUS does its job of interpreting rather than legislating and Congress does its job of legislating then the Constitutional crisis will come and go with laws becoming specific and SCOTUS keeping the Constitution the best rule of law piece of paper on earth.

And since the Dems currently have a majority in Congress and in January an even greater majority in Congress, we should know that the statute would be written to favor BHO’s natural born citizen status and the eventual Inauguration of Barack Hussein Obama as President of the United States.

A more likely scenario though is that SCOTUS will announce December 5th they won’t even hear the case leaving everything in limbo and still Barack Hussein Obama Inaugurated as President of the United States of America.

Just for clarity’s sake I would like to say again that I am not a BHO fan, I voted McCain/Palin. Now is the time to get over the GOP loss and build for future elections and praying that President Elect Obama makes decisions that are good for America regardless of ideology.

But we have to keep it CONSTITUTIONAL and NOT extra-Constitutional as David Horowitz implies.

Horowitz has been taking some Conservative heat for his position and as of this post has written a December 2nd and a December 3rd defense of his stand.

JRH 12/3/08
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