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OBAMA'S CITIZENSHIP CASE REACHES THE U. S. SUPREME COURT

This came to me from a friend. I updated it to reflect edits made in PAN-2.  Be sure to pay attention to the last paragraph of this post.

The group "Americans for Freedom of Information" released copies of President Obama's college transcripts from Occidental College on March 2, 2012.   That action is certain to fuel the debate over Obama’s eligibility to be President of the United States.

The transcript school indicates that Obama, under the name Barry Soetoro, received financial aid as a foreign student from Indonesia as an undergraduate.

 Occidental College released the transcript to comply with a court order in a suit brought by the group in the Superior Court of California.  The transcript shows that Obama, under the name Barry Soetoro, applied for financial aid and was awarded a fellowship for foreign students from the Fulbright Foundation Scholarship Program.  A student must claim foreign citizenship to qualify for the scholarship.

This document would seem to provide the smoking gun that many of Obama's detractors have been seeking.  This document, evidence that he was first born in Kenya, and no record he ever applied for US citizenship, casts grounds for a legal challenge.

The news created a firestorm at the White House.  The released document casts increasing doubt about Obama's legitimacy and qualification to serve as President of the United States.  An article titled, "Obama Eligibility Questioned," leads some to speculate that the story may overshadow economic issues on Obama's first official visit to the U.K.

In a related matter, under growing pressure from several groups, Justice Antonin Scalia announced Tuesday, March 6, that the Supreme Court agreed to hear arguments concerning Obama's legal eligibility to serve as President in a case brought  by Leo Donofrio of New Jersey . This lawsuit claims that Obama's dual citizenship disqualifies him from serving as President.  Donofrio's case is just one of 18 suits brought by citizens demanding proof of Obama's citizenship or qualification to serve as President.

Gary Kreep of the United States Justice Foundation released the results of their investigation of Obama's campaign spending.  This study estimates that Obama has spent upwards of $900,000 in campaign funds with eleven law firms in 12 states for legal resources to block disclosure of any of his personal records.  Mr. Kreep indicated that the investigation is still ongoing.  The final report will be provided to the U.S. Attorney general, Eric Holder.

Mr. Holder has refused to comment on the matter...

Analysis

I corresponded with two Constitutional lawyers about this matter in an honest effort to get my facts straight.  Here is what I think they shared with me about the issue at hand.

The US Constitution states that the President of the United States must be a “natural born” citizen of the United States.  The only exceptions are the founders.  Unfortunately, the Constitution failed to define “natural born.”  The document implies that a “natural born” citizen requires a higher standard of eligibility than a citizen eligible for any other constitutional elected office, such as a justice, senator or member of Congress.

The matter seems to be settled with a case brought before the Court in 1815.  Bottom line, both biological parents must be U.S. citizens at the time of a citizen’s birth to be “natural born.”

If one follows this logic, it does not matter WHERE a citizen is born.  Some people hold the opinion that a person must also be born within the United States or one of its territories to be “natural born.”  Another suit challenged Senator McCain’s eligibility to be on the Presidential ballot because he was born outside the United States.  The ruling sidestepped the issue by proclaiming that McCain was born on a US military base.  Those facilities, along with US Consulates, are a territory of the USA.

The primary threats to Obama’s eligibility stem from the following evidence.

  1. Obama’s biological father was never a US citizen.  Additionally, Obama’s biological father’s biological parents were never US citizens.  Therefore, Obama’s biological father was not a dual citizen.  Obama failed the test for “natural born” eligibility because only his mother was a US citizen at the time of his birth.
  2. Obama renounced his citizenship when he traveled to Pakistan using a foreign passport at a time when the US denied travel to Pakistan to citizens carrying a US passport.  Obama would have confirmed his foreign citizenship if or when he applied for and received a Fulbright scholarship to a US College or University.

Distractions (also grounds for legal mischief)

A convicted felon is not eligible to vote or hold any elected public office.  If Obama accepted the Fulbright scholarship under false pretenses, that is felony fraud.  If Obama falsified his long-form birth certificate and spent upwards to $900,000 in legal fees in 11 States to destroy or falsify legal documents with intent to hide his deception about his eligibility, that also is a felony.  If Obama falsified Social Security information by hijacking a dead person’s SS #, that also is a felony.  However, Obama has not been tried and convicted of any of these alleged felonies, so they have no bearing on the case.

Obama was adopted by his Indonesian stepfather, who legally adopted him and renamed him Barry Soetoro.  Technically, Obama would now have dual citizenship with Indonesia, and the option to become a British subject from his biological father’s Kenyan citizenship.  At the time of Obama’s birth, Kenya was a protectorate of the British Commonwealth.  People with dual citizenship must declare their allegiance on or before their 21st birthday to retain their US citizenship.   However, Obama did not have to be born in Kenya to receive dual subject/citizenship.  He received the option to become a British subject through his biological father.  Even if he was born in the lap of Abraham Lincoln's statue in the Lincoln Memorial, he still would not be "natural born."

Obama was raised by his grandmother, a native of Hawaii.   At that time, Hawaii was a territory, but not a State.  Legal residents of Hawaii became citizens when Hawaii became a US Territory.  Did Obama move to Hawaii before his 21st birthday?  Did his grandmother legally adopt him?  If so, did this adoption event occur before Obama applied for the Fulbright scholarship?

I sure am glad I am not a Justice of the US Supreme Court.

This original piece was originally an April Fool joke launched over the Internet in 2009.  According to snopes, it is pure fiction.  However, my analysis above is factual.  Two Constitutional lawyers agree with my analysis.  The Fulbright Scholarship might also be fiction.

Views: 1869

Tags: Obama, born, citizenship, court, economy, jobs, natural, stimulus, supreme

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