Is Barack Obama a US citizen? Yes.: The Swamp
The Swamp
Chicago Tribune
Posted June 12, 2008 2:59 PM
The Swamp

By John Crewdson

Just when you thought it was safe to turn on the TV......

It took some weeks to settle the ultimately irrelevant and immaterial question of whether Arizona Sen. John McCain, the presumptive Republican presidential nominee, was eligible to become president. Irrelevant and immaterial because, should McCain win the election, can you imagine the courts invalidating his triumph by declaring him constitutionally ineligible to hold the office to which he had just been elected? Been down that road, as I recall.

Nevertheless, senators from both parties (Patrick Leahy and Tom Coburn) and constitutional scholars of the left and right (Lawrence Tribe and Theodore Olsen) examined the law and the facts and announced that McCain, who was born to American parents in a U.S. naval hospital in the U.S.-administered Panama Canal Zone, met the Second Amendment's requirement that a president must be a "natural-born citizen."

The Constitution doesn't define "natural-born citizen;" as generations of jurists have pointed out, much of that document's brilliance lies in its ambiguity. But a little research showed that the question had actually been asked and answered way back in 1790, when the very first Congress passed a statute declaring that "the children of citizens of the United States, that may be borne beyond sea, or out of the limits of the United States, shall be considered as natural-born citizens of the United States." The Senate unanimously passed a resolution recognizing that "John Sidney McCain III is a natural-born citizen." On to more important things.

Or so we thought.

Now making the Internet rounds is a posting questioning whether McCain's presumptive Democratic opponent, Illinois Sen. Barack Obama is a natural-born citizen and therefore constitutionally qualified to be president. I suppose it was only a matter of time.

Anyway, this particular post, whose authorship is unclear, suggests that Obama is "not legally a U.S. natural-born citizen under to the law on the books at the time of his birth...". According to the poster, if only one parent was a U.S. citizen at the time of birth, the citizen-parent "must have resided in the United States for at least ten years, at least five of which had to be after the age of 16." Obama's father, of course, was not an American citizen, having been born in Kenya. That leaves his mother, who was a natural-born citizen, but who was only 18 when Obama was born, on August 4, 1961. In the poster's opinion, Obama fails the constitutional test because his citizen-mother had not resided in the U.S. for five years after the age of 16--not old enough, at the time of Obama's birth, "to qualify her son for automatic U.S. citizenship."

Now pay strict attention, because I'm only going to explain this once: Is Barack Obama a natural-born citizen of the United States and therefore eligible to become president? The answer is yes, according to Ron Gotcher, a noted California immigration lawyer and The Swamp's resident expert on presidential eligibility.

"The poster's confusion," Gotcher writes, "is over the concepts of jus sanguinis and jus soli." Under jus sanguinis, a person's citizenship is transmitted "by the blood" - by inheritance from his or her parents or grandparents. In the United States, we recognize citizenship through parentage in a number of cases.

But it is not necessary to look to the statutes that deal with citizenship through jus sanguinis, since Senator Obama's citizenship derives from jus soli - citizenship through place of birth.

According to Gotcher, "The Fourteenth Amendment commands that "[a]ll 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."

"This was clarified by the Civil Rights Act of April 9, 1866, which provided that 'All persons born in the United States and not subject to any foreign power are declared to be citizens of the United States.'"

"Senator Obama was born in the State of Hawaii two years after it became a state on Aug.21, 1959 As such, he acquired United States citizenship automatically at birth. While it is not necessary to go into all of the other legal errors contained in the posting (and there are many), the simple fact is that, with rare exceptions (children of diplomats), everyone born in the United States is a citizen of the United States at birth."

But what about the age of Obama's mother? Remember jus soli--citizenship through place of birth? (c'mon--there IS going to be a quiz). In that case--which happens to be Obama's case--the age of the parents has nothing to do with anything. Under jus soli even the children of illegal aliens are U.S. citizens at birth--just ask the pregnant women from Mexico near the end of their third trimester who try to sneak across the border in hopes their child will be born in a San Diego hospital and leave with a U.S. birth certificate clutched in his or her tiny hand.

Except for the children of diplomats, every child born in the U.S. is a natural-born U.S. citizen, period. The parents could be citizens themselves, could be from France, could be Coneheads. Nothing else matters. Only if the child is born OUTSIDE the United States to one citizen-parent does the issue of the parents' age, citizenship, or whatever, come into play.

"All that matters is that the child is born here, " Gotcher says. "This is the reason that you are hearing so much fuss in Congress about changing the law that grants 'birthright citizenship.'" But even such a law, however unlikely to pass, would not be retroactive. If Barack Obama wins the presidential election he can begin choosing the furniture for the Oval Office without watching for immigration agents over his shoulder.

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Comments

I'm curious to see what hate-filled nonsense will be forthcoming by those on the Far Left with this Swamp item.

Posted by: Green Trees | June 12, 2008 2:48 PM


Yes and I'm curious to see what hate-filled nonsense will be forthcoming by those on the far right (you) with this Swamp item....


5...4...3...2...1..Ding Ding Ding!!!


Let the hate begin, Wingers!


You have got to be kidding me. Is there anythig that opposing parties won't try?

Now we know why the Obama campaign started a website to combat the rumors, falsehoods, innuendos and such. They are dealing with people who hate, plain and simple. No other reason to explain it.


This is only the beginning of what will probably be the nastiest presidential election ever.


Is Barack a US Citizen-?

Yes- so far...

But he is the Change candidate - so stay tuned.


John E., sorry to disappoint you, but I've never questioned Obama's citizenship. I think all of this is rather silly, to be honest, especially so when the Left was trying to say McCain was not a natural-born citizen. Since his dad was a member of the military and overseas serving this country, he was/is a natural-born citizen. That would be the case even if McCain's dad was an astronaut and John McCain was born on the moon.
It was silly for the Left to contend otherwise. Any child whose parent is a member of the U.S. military and born overseas is a citizen of the U.S.
There was more confusion about Obama's citizenship because his father was not a U.S. citizen, but I do think all of this stuff is quite silly, though nowhere near as silly as you.


Mr Gotcher has his chronology wrong. The Civil Rights Act of 1866 came into law _before_ the Fourteenth Amendment, which was not ratified until 1868. Part of the motivation behind the Fourteenth Amendment was to ensure that the Civil Rights Act could not be struck down as unconstitutional.

http://en.wikipedia.org/wiki/Fourteenth_Amendment_to_the_United_States_Constitution

http://en.wikisource.org/wiki/Civil_Rights_Act_of_1866


Er...you meant second article, right?


Clarification, the section of the Constitution concerning Presidential eligibility is Article II, not the Second Amendment.


It was silly for the Left to contend otherwise. Any child whose parent is a member of the U.S. military and born overseas is a citizen of the U.S.
There was more confusion about Obama's citizenship because his father was not a U.S. citizen, but I do think all of this stuff is quite silly, though nowhere near as silly as you.

Posted by: Green Trees | June 12, 2008 4:25 PM


I don't see anyone on here saying that about John McBush, do you?


Nice try, moron...


Nice try, moron...
Posted by: John E | June 12, 2008 5:42 PM
Ever heard the old adage about people who live in glass houses, moron?
That's rich. You're the Swamp's original Village Idiot; you've probably never had an original thought in your entire life; you get all of your information about the world from YouTube; you seldom comprehend other people's comments and yet throw artless insults at them anyway...
And you are calling somebody else a moron?
Loser.


Welcome to the smear/fear campaign of the Ridiculous Republicans and their Lying Machine !!! Get used to it America, it is a bankrupt Party that has a candidate that doesn't know what to do, or what he is doing or saying. It is sad to see such a great Party reduced to character assassination, not only of the opposing candidate, but of his wife, as well. They have no shame, look what they did to former Senator Max Cleland, painting a casualty of the Vietnam war, unpatriotic !! That is just the tip of their despicable iceberg and they have the gall to wrap themselves in the American flag !! What a gang of phony patriots !! Watch for the Ridiculous Republicans and their Lying Machine at a theater near you !!
SUPPORT OUR TROOPS, BRING THEM HOME, ALIVE AND WHOLE. NOW.


Such nice talk coming from John E:
Nice try, moron...

Posted by: John E | June 12, 2008 5:42 PM

I'm wondering how that line fits in with the Swamp's rule of over-the-top personal attacks not getting posted?

I won't go down that path with you John E., but in the past I have seen your buds do just that in questioning McCain's citizenship.


McCain's a natural born citizen. Obama's a natural born citizen. Can we get on to the issues, please?


They must be bringing this up because he's so 'exotic'.

The GOP is so afraid of Obama and know they have such a weak candidate, they are going to put up anything even resembling a story to cast a doubt on his candidacy.

Pathetic.


I'm wondering how that line fits in with the Swamp's rule of over-the-top personal attacks not getting posted?

Posted by: Green Trees | June 12, 2008 7:34 PM

Your whining betrays you, Jeff.


And you are calling somebody else a moron?
Loser.

Posted by: MJ | June 12, 2008 7:10 PM


Mostly Junk,
Wow, I'm impressed, you're actually attacking me using your real postname as opposed to the 100's of other times that you chickened out and used an alias postname to attack me with.....moron.



I'm wondering how that line fits in with the Swamp's rule of over-the-top personal attacks not getting posted?

Posted by: Green Trees | June 12, 2008 7:34 PM

Your whining betrays you, Jeff.

Posted by: Vicki Iseman | June 12, 2008 9:53 PM

Vicki, if that is who you are. Sorry, but no Jeff here. Regardless, just pointing out that there is no reason to call folks names. How about debating the issues like civil people, IF you folks on the Left are capable of doing that. So far, I have not seen much since I joined this little party a couple of weeks ago that indicates you folks are smart enough to debate issues. Give it a try, though.


From something I heard, and thus my question on this, is that Obama supposedly was not born in Hawaii as stated but somewhere else. If that is true, because of his parentage, that would put his citizenship to question.


This is all silly. People on both side need to get real.

It is "OBAMA II VS McCAIN III"

Now is this the first time a "II" vs "III"

Now "Obama II" was named after his Father. Who was his father named after.

VJ Machiavelli
http://www.vjmachiavelli.blogspot.com


Don Fitzgerald your rants are blusters. The GOP is not bankrupt but you want to stop people from talking about the issues. Barry and Michele are central to who is the candidate who are they what does this say about them.
You liberal socialists want to stop us from getting to Obamas character and his associations which are hardly stellar.
Michelle made herself an issue by saying she was never proud of Amercia till now. What kind of First Lady would she be with the issues brought to the fore by Rev Wright and Father Pfleger and 20 years of rascist preaching that would offend any white person who listened. We do not need to be censored by politically correct nabobs like you Don Fitzgerald. It is Obama who said his grandmother was a typical white person. It is Obama the elitist who accused us of being bitter people clinging to our God and our guns.He's made his own issues! jerry White, Springfield, IL


I could not leave the country with out a official hospital birth Certificate.

Obama is running for the president.

where is his original hospital birth
certificate ????


Hate to break it to you Obama fans, but that "birth certificate" has clearly been tampered with, or newly created. It lists Obama's Fathers race as: African.

African is not a "race". Africa is a continent populated by people of many races.

The official US designation of Obama's father's race in 1961 would have been: Negro

I double-checked this with a black friend of mine who was born in Hawaii in 64. His parents race is listed as: Negro

This classification was not changed on the US Census until 1980.

Wonder what the Obama campaign is trying to hide?


This controversy was leaked and started by democrats working in Hillaries camp. So why did Obama compound it with this photoshop?


So if he wasn't born in Hawaii but instead was born in Kenya then he would still be a citizen of the US but would NOT be eligible to be President.


--"Hate to break it to you Obama fans, but that "birth certificate" has clearly been tampered with, or newly created. It lists Obama's Fathers race as: African.

African is not a "race". Africa is a continent populated by people of many races.

The official US designation of Obama's father's race in 1961 would have been: Negro

I double-checked this with a black friend of mine who was born in Hawaii in 64. His parents race is listed as: Negro

This classification was not changed on the US Census until 1980.

Wonder what the Obama campaign is trying to hide?

Posted by: doobie | June 15, 2008 1:44 AM"--

Actually, you are able to get a new copy of your "original" birth cirtificate. All one needs do is contact the local Department of Statistics in the state that one was born. These are also updated in the case of adoption, or the like.

Why do most people on this site feel the need to attack instead of discuss? It's unnecessary.


@Green Trees, actually in order for a US citizen to run for President, he or she has to be born on US soil, so if McCain was born on the mooon he would not be elligble for the Presidency.

As for the whole questioning of Obama's citizenship, that's just sad and a weak attempt by the far right to yet again smear his name. For shame.


doobie! You may very well be on to something. If true, that there was tampering with some certificate that has been produced, it would be right along the lines of what that nice fellow did, the one who helped Dan Rather out of a job at CBS with his faulty forged National Guard documents about preferential treatment given to George Bush way back when. I will allow however that perhaps Obama's mother had some input into the field for "race" and stated "African" out of ignorance that would make Obama's white grandmother cringe. :) I mean it wasn't like they had categories to choose from in a pull-down menu, or a Scantron bubble, right? So I will grant that. But what I have read lately though (if you dig conspiracy theories) is that apart from what others have suggested about Obama having been born someplace else (like an Indonesian madrasa or something), Obama was born at another time....like more than two years before his certificate states. Do the math and you will see why the Hillary lawyers have been up all night every night for 6 months straight tweeking on espresso looking for a way to bring this forward without leaving fingerprints. muahahaha


Hate to say it, but we're being "duped" again! This has been set up a long time ago. There's no difference between parties. There will be NO change, just more of the same and the end is near. This is all they give us to vote for? The Constitution is all but gone unless we wake up! Have they said anything in the last year and a half about the real issues? Not that I've heard, and we're going further and further into the hole. No one offered is qualified for this position. Someone show me how any of these candidates are qualified! What have they ever done? I'm not buying the B.S. any longer. Talk is cheap! It takes money to buy food and we're rapidly running out of it!


Citizenship as to McCain and Obama. Concept is to prevent undue governance in the office of the president by foreign powers. Thus on birth and by birth or natural and naturalized citizen sort out the right to be president. Obama appears to have a by birth or naturalized citizenship as will as being a Kenyan citizen. Senator OK. President not OK. McCain appears to have an on birth or natural citizenship. Senator OK. President Ok.


The birth certificate, as posted, is real. Anyone who troubled to fake it would fake it properly. Instead, it contains a typical human error (birth certificates are composed by humans) of calling "African" a race. Such documents are filled with errors.


I see you edit any rational thoughts. Must be democrat.


If O BOMBER is elected WE SHOULD ALL GET FREE EDUCATION, HOUSING,FOOD, HEALTH CARE AND 200K MAYBE 300K INCOME PER YEAR. NO ONE HAS TO WORK. WHO WILL PICK UP THE TAB? UNCLE--JUST KEEP THOSE PRINTING PRESSES ROLLING.


The other salient aspect is that Obama already is ineligible with or without the birth certificate. His mother was only 18 at the time. The requirement for native American birth is that the mother must reside in the USA 10 years, 5 of which must be after the age of 16. So 16 + 5 =21. She was 3 years shy of eligibility and Obama is NOT native born in compliance.
I read a few comments on other forums belittling the importance of the birth certificate and Obama’s suspected failure to register for the draft. Here’s the draft registration requirement.
• Selective Service Registration: Defense Authorization Act established Title 5, U.S. Code, Section 3328
The law says that all men living in the United States who are ages 18 through 25 must register, except those who are in valid non-immigrant status (e.g., students, visitors, and people who have been permitted to come to the US for limited periods of time, etc.). The Selective Service interprets this to mean that undocumented men must register. Failing to register is a federal crime, with a penalty of up to five years in prison or a $250,000 fine or both.
http://www.patriotscorner.com/forums/viewtopic.php?t=7455


According to the state of Hawaii Dept. of Health, a copy of a birth certificate, or certificate of live birth, will always have the signature of the state registrar stamped on it. Email them, they'll tell you. Ko's/BO campaign may have gotten their hands on a real form, but no one from the D.O.H. will ever own up to sending that filled-out copy to them.
If folks like Crewdson had any sack, they'd get to the bottom of it. He's probably a citizen. The real question is, what's on the actual birth certificate (long form) that he doesn't want the public seeing?


No surprise at this non-issue. It's only more Smoke & Mirrors from the Ministry of Truth.


He may be a citizen but still not qualifed for presidency under the rules. The rules for citizenship and presidency are different and you are confusing the two in the article.


This Website is blatently LIBERAL... why bother ?

Liberals CANNOT be intellectually honest. I have met and talked to many. They are the same, the end always justifies the means.

How can you trust a party that will not even bother to protect an unborn child ???

WAKE UP AMERICA !


to me any person like they say OBama who will not salute our flag or likes our National Athem say the song is too violent has no right to be President of the United States on one of these sites it shows Obama saying if our song was I like to teach the world to sing he might go along with that i can just see our four father now rolling in their graves i say our saying should be like in texas Dont mess with Texas THE UNITED STATE should say DONT' MESS WITH US any person who does not beleave in saluteing the FLAG or will fight for the United Staes has no right to be in this COUNTRY


Well, I am speechless. No really, it took me a couple of seconds of staring blankly into space to be able to write this (true, I should have written that I was speechless).
Perhaps it is because I am not a US citizen (though that definition seems fuzzy), perhaps it is because I feel any political candidate should be chosen (or not) on the basis of his or her ideas for a nation, perhaps it is only because I use spell check (and try to put dots in appropriate places in a sentence) , but I have honestly never been this puzzled after reading a blog and the numerous comments it got.
Is this really a lively topic during the US presidential campaign? And if it is, should it not have been one about a year ago? Besides the main topic, it seems funny, living in Europe, that US citizens (to avoid using the term Americans, which seems to piss off Canadians) divide their political candidates between left and right. Basically U.S. left seems to be our centre-right…
At any rate, I hope in the end your campaign will focus on constructive ideas and policies and not only “a contest of who knows best what people want to hear”....and certainly not about, well, you know, other stuff....


It is ludicrous that this forum has been conjured up into another one of those phony, pro-Obama rallies. Any politician who isn't original enough to come up with his own material and uses a visit to Germany as a method of campaigning, so much that he cannot take time off to visit our wounded soldiers, is a wolf in sheep's clothing; a back-stabber to our military men and women, as well as to all patriotic U.S. citizens. He badmouths us to the Germans and the French. What the heck is he doing over there? "I am a GLOBAL candidate" -- oh, really now? I guess little by little, we are seeing Obama's true colors. By stating that, he is clearly not a U.S. presidential candidate. Explain THAT one, buddy....and while you are at it, Obama, keep putting your foot in your mouth, because it's helping McCain out, everytime you appease those who are on the other side.


McCain's a natural born citizen. Obama's a natural born citizen. Can we get on to the issues, please?

Posted by: Steve34 | June 12, 2008 8:50 PM


Thank you, Steve. My sentiments, exactly.


Literally, Obama is not eligible for the presidency, if all the details of the information provided by the Constitution, Obama's birth certificate and other federal documentation are taken into consideration.

The fact that the blogger negligently avoided to elaborate on the mother's age, is indeed an issue. Could that possibly be why Obama was more-than-willing to throw his mother and grandmother under the bus, while justifying everything that his buddies: Ayers, Rezko and Wright have said and done?


1. John McCain is a "native born" citizen on two counts:
-
(1) born to two U.S. citizens
(2) born in the U.S. (Panama Canal Zone)
-
2. Barack Obama is a "native born" citizen on two counts:
-
(1) mother was a U.S. Citizen
(2) born in the U.S. (Hawaii)
-
The more interesting issue is B.O.'s Kenyan citizenship which was also acquired at birth (Father was a Kenyan citzen) and has never been renounced.


Conner Mcleod, first of all, McCain was born on U.S. soil. He was born in the Canal Zone at a time when the US had sovereignty over the zone. Second, anyone born anywhere in the world whose parents are US citizens can claim birth citizenship so long as the parents have had a residence in the US prior to the birth of the child. That's a brief summary of a number of provisions of section 1401 of Title 8 of the US code. Read the law.


Obama is actually a muslim white lesbian from planet Venus. He cannot possible have citizenship anywher on this planet. In fact, he doesn't even exist here; he is just a figment of our imaginations.

McCain is actually Rosa Parks in disguise. Its a conspiracy for ethonal / Li-ION battery supremecy.


The biggest questions seem to be, has he been a dual citizen? I think Article II forbids this due to questionable loyalties. Barack may have been or may still be a "dual citizen" in possibly 2 other countries and there may be actions on his part which confirm his knowledge and acceptance of his dual citizenship status. If so, he would not be qualified as POTUS. Please ask you specialist to check further.


"Now pay strict attention, because I'm only going to explain this once: Is Barack Obama a natural-born citizen of the United States and therefore eligible to become president? The answer is yes . . ."
[
Nice try John, but you blew it!
[
http://www.obamacrimes.com/


What Swamp and many commenters here fail to observe is that there is both verbal and documentary evidence of BHO's birth in Mombasa, Kenya, while there is no record of his birth in Hawaii, aside from the document that was filed there by a family member shortly after his birth date. The document that has been published is an ABSTRACT only. It is not a copy of the original document of registry, and only shows a few bits of essential information copied by a state employee from the original document of registry. If the original document has a FRAUDULENT birth date, then the date on the abstract is also fraudulent, even though the paper itself is genuine. As there is apparently no record of the birth at any local clinic or hospital on Oahu Island, the information can be rightly questioned. Under State of Hawaii access rules, BHO may personally request and receive a copy of the original registration archived there and publish it in support of his birth claim. That he has not done so only creates additional suspicion about the veracity of that claim. Hope that this clarifies the situation a little.

Bill Burk
technical writer and genealogist without part affiliation


The presidential candidacy requirements are pretty straightforward, age and citizenship. Don't the American people have the right to see the original documents that show that both of these candidates meet the minimum requirements, or does the mandate of 'change' relegate the basic requirements to a formality? I'd really like an answer to this.


This really is a non-issue, but obviously, Republicans want to do anything to smear Obama, just as the Democrats want to do anything to smear McCain.

Many Rebublicans will obviously read something claiming Obama isn't a citizen and believe it because it's in print on the internet. It's funny how ignorant people can really be.

I have a Republican co-worker who received an email from a friend of his today with the claim Obama isn't a citizen, and now he's all over that bandwagon without doing a bit of research. It's in the email, so it must be true, right? He thinks so. He didn't Google it, he didn't go to any news source or anything else. He just read the email, which wasn't very long, and contained no real evidence, and spouted off to the office that Obama isn't a citizen.

I have no problem with people of different minds than me. That's what makes this country great. But to believe every little bit of crap that comes out of both parties without spending some time doing your own research is just crazy.

Matthew (July 23rd post) from Europe...I think what you said was right on!


Just a few minutes research is all it took...but the people who don't want to believe it never will...Move on to your next smear..

Pictures of the actual document WITH raised seal, signature, etc. Oh, and the link below also has an image from a Hawaiian newspaper announcing his birth in Hawaii!

http://www.factcheck.org/elections-2008/born_in_the_usa.html


Here's the rub....Obama was NOT born in Hawaii....he was actually born in Kenya,(that's in Africa for those of you who flunked world geography) and then went to Hawaii and got a certificate of live birth which is NOT the same document as a birth certificate. This is already an issue in a court of law and has been declared by a judge to be a matter that needs to be looked at further. Don't drink the "change" kool-aid just yet folks....there's more coming!!!


This argument may or may not be good. many constitutional scholars feel that the amendment you state, does not apply to illegal aliens or barak obama. they feel that the amendment was only for former slaves. we are the only country on earth who has this moronic rule. i'm very sure that the congress in 1866 did'nt intend to give citizenship this way.


Check this out:
http://www.obamacrimes.com/ Looks like there may be more coming on this!


In 1884, the meaning was tested as to whether it meant that anyone born in the United States would be a citizen regardless of the parents' nationality, in the case of Elk v. Wilkins where the parents were Native American. The Supreme Court held that the children of Native Americans were not citizens despite the fact that they were born in the United States.

In 1898, the meaning was tested again in the case of United States v. Wong Kim Ark regarding children of Chinese citizens born in United States. The court ruled that the children were U.S. citizens.[3]


I just had a premonition of a terrorist (Like Bin Laden) giggling while reading this on his laptop while they hold his umbrella satellite dish.

The people who want to kill us all would wait 50 years to have a son/daughter born with constitutional rights to run for our presidency.

In my opinion, if your grandparents are not born in the US, then you shall not be a candidate for ANY office.

Of course I do believe there should be a cut-off point but let's be real. George Washington's ancestry would possibly lead back to England or ...who knows?

Back when the constitution was written, you couldn't be in (let's say) Dallas Texas on one day while carrying an unborn child, and two weeks later be at the South Pole giving birth. It is quite possible now-adays and while I am not being critically accurate, I do think that the constitution was not written with such possibilities in mind.

I do, however believe there should be a certain number of generations of your descending fathers who should be the fruit of this country in order to be a candidate.

That is my opinion. None of it is to be made relevant to this certain situation, but again: If it were John McCain with Obama's heritage facing the Clinton Machine, would these same questions come to mind?


The lawyer who filed the suit about Obama's citizenship is a friend of the CLINTONS. You can not say the "far right" or Senator McCain had anything to do with this. The fact that the filing has been hush, hush in the media says a great deal about the left bias in the media. Just go to an internet site and look at who he is proposing for Obama's cabinet - light weights all and probably baloney. We will probably see Jackson, Sharpton and Wright sitting at the table. This country can not afford an Obama as president. The terrorists will set up shop in Washington!!

However, before all is said and done, we may see Hillary at the head of the democrat ticket. Heaven help us all!!!


Remember that some rumors, even outrageous ones, sometimes have actual fact behind them. If you read the lawsuit that was filed on Friday regarding Obama's citizenship and his 2nd name and passport from another country, etc. these are legitimate questions we should have answered. Facts, not emotion, should rule this election. Just because someone says they are for change, doesn't mean they really are. Sometimes it's ego and the hunger for power. We are making a very important choice that will probably totally change the course of America, and maybe even the world. In all fairness, I don't think either candidtate will be "8 nmore years of the same".


Suit has been filed in Federal court by Phillip K. Burg, a friend, confidant, fund raiser, and friend of Hillary Clinton charging Barak Hussein Obama, AKA Barry Soetoro, AKA Barry Obama, AKA Barry Dunham with fraudulently running for President of the United States. The suit states:

Obama lost his U.S. citizenship when his mother married an Indonesian citizen and relocated herself and Obama to Indonesia wherein Obama's mother naturalized in Indonesia and Obama followed her naturalization, as he was a minor and in the custody of his mother. Obama failed to take the oath of allegiance when he turned eighteen (18) years to regain his United States Citizenship status.

Berg vs. Obama, Civil Action No. 08-cv-4083. Filed 09/04/08


The only problem is that Obama has not given proof that he was born in Hawaii. There is speculation that he was actually born in Kenya. So, to end this little bump in the constitutional road, Obama merely needs to produce valid documentation showing that he was indeed born in Hawaii.


Obama was born in Kenya not in Hawaii, his mother quickly brought his birth cirtificate back to Hawaii and registered there. OPPS!! That and the fact his mother was 18 not 21 at his birth does not make him a natural-born citizen and therefore disqualifies him from being eligible to be President.


It's a bit weak to pin this to a Republican smear campaign when the court case was filed by a longstanding Democrat.


Jack Jenkins:
The problem is that Obama and the DNC refuse to provide those documents, and those showing he regained his citizenship after the Indonesia bit, instead they have resorted to delaying tactics. This case would be closed in a heartbeat if the documents were presented to the court, so why haven't they done so?


ugh..

Well I for one DO believe Obama is elligible for the presidency, if not for the sole reason that this is just now becoming an issue.

HOWEVER, the article does not even address the real issue which lies not with WHERE he was born, but where he has lived. The stated argument (with little evidence) is that when Obama went to Indonesia he attended school, which was apparently only allowed by citizens of Indonesia. This would mean that at some point he would have had to have been an Indonesian citizen and NOT a US citizen because they do not recognize dual citizenship... or so the story goes.

I really wish someone with the expertise would address this issue OR (and certainly even better) Obama would put this to bed finally by opening up the necessary documents.

I'm honestly sick of hearing about this issue when it seems it could easily be put to bed.

What say you?


Well theres one thing that I have a question about, Obamas Grandmother states that he was born in Kenya, and he has yet to produce a propery birth certificate, and he went to school in Indonesia during a time that the only time you could go to school is to be a citizen of Indonesia because they were not offering duel citizen ship at the time. Its all confusing I'm waiting for the court hearings if they ever occur.


Boy the dems are really pulling out all the stops for this guy to be elected. They demanded John McCain's right away and he produced it. Now, where is Obama's? He can't produce it that's why.


Mr. Obama,
You are applying for the job of President of the United States. We the people are the BOSS. We the people demand to see your birth certificate. It's just that simple. You have NOT produced a birth certificate, you have produced a Certification of Live Birth, which is not the same.
http://www.americanthinker.com/2008/10/this_could_be_the_game_changer.html


I found this the legal case in pending in court: http://news.justia.com/cases/featured/Pennsylvania/paedce/2:2008cv04083/281573/
It took me two minutes of a google search. Given that we still follow the law of the land, I assume that the courts will rule on the case. What kind of lazy journalism is the SWAMP? To my knowledge Mickey Mouse has not yet elected Barack the Messiah.


I really wish Obama would just cough up his birth certificate and clear this debate up. Why is he dragging his feet on the issue?


What is Obama hiding? Why doesn't he just open up his birth, school and other official records in the US, Kenya, Indonesia and wherever else he's alleged to have been a citizen. Why is he stalling in court and not producing evidence of ongoing American citizenship? At this point, it looks like he's hiding something. For the good of the country, he needs to clear this up... so that we can know that millions of votes are being cast of a natural born American citizen, not a Kenyan or Indonesian citizen.


Who cares if he is a US kid. The US will soon be more like the EU.


Obama can't produce what does not exist. If he had any real poof of his citizenship he would have immediately produces it. Just like McCain did. That is why he is not producing the official records to prove his citizenship. All we got is a lousy certificate of live birth that anyone could print on their home computer. Should we trust someone so patiently dishonest and deceptive with the Presidency?


Being birthed in the United States only recently has been recognized by statute as granting citizenship if parent is a non-citizen. Recently being the last 20 years - google "Anchor Baby" for more on this. You'd want a professor of Constitutional Law or a SupremeCourt Justice to comment any further without the "fuming" of partisans going on here


Obama is a fraud. He knows that he is not a U.S. citizen. He was born in Kenya and later became an Indonesian citizen. He and his team of lawyers are trying everything to keep his birth and citizen records sealed. He has never taken a oath to become a U.S. citizen or denounce his Indonesian citizenship. Obama and the DNC should both be prosecuted for shoving this fraud of a candidate down our throats. Shame on you Democrats.


I am not saying he is or is not - BUT he is being SUED to produce the documents and there have been attempts to block these cases... why is that? it would be so easy to get the entire subject dismissed just by PROVING his citizenship. McCain was asked the same about his citizenship, and just released all the documents. ...there are just way to many unanswered questions regarding this and other topics and thier relasionship with Obama...


Well it is game over as Obama was born in Hawaii 2 years after Hawaii obtained statehood, with reference to the good explanation in the above article and the following factcheck...

http://www.factcheck.org/elections-2008/born_in_the_usa.html

Now pay strict attention, because I'm only going to explain this once: Is Barack Obama a natural-born citizen of the United States and therefore eligible to become president? The answer is yes, according to Ron Gotcher, a noted California immigration lawyer and The Swamp's resident expert on presidential eligibility.

"The poster's confusion," Gotcher writes, "is over the concepts of jus sanguinis and jus soli." Under jus sanguinis, a person's citizenship is transmitted "by the blood" - by inheritance from his or her parents or grandparents. In the United States, we recognize citizenship through parentage in a number of cases.

But it is not necessary to look to the statutes that deal with citizenship through jus sanguinis, since Senator Obama's citizenship derives from jus soli - citizenship through place of birth.

...Legitimate via jus soli.

Also the wed or unwed status of the mother has no bearing on US citizenship.

As for the Berg claims on possibly a ship birth - rubbish - other parts of the 14th Amendment cover these issues even in the unlikely event that this occurred. The timescales of the birth heavily negate this possibility.

Note that Obama cannot hold dual nationality with Indonesia due to his age at the time, his Hawaii birth, only being in Indonesia 4 years not 5 years, and jus sanguinis being the - ONLY - governing principle for INDONESIAN adoption and nationality at the time.

As Obama is not eligible for jus sanguinis in INDONESIAN law then or now - so he CANNOT BE a Dual US/Indon citizen - previously or NOW.

Actually if an Indonesian was challenge Obama in an Indonesian court they might actually get somewhere from a Juris standpoint. As his being registered as Barry Soetoro at the age of 4 or so is not uncommon and would be tolerated in the lax indonesian society up until a point where he got in someone's way politically, just like what is happening here....

The more relevant aspect of concern in Indonesian eyes would be the muslim definition of Haraam - forbidden - as relates to the status of Obama's mother and this would be from their standpoint more of a concern rather than the pros and cons of a young childs birth. So it just shows how different countries evaluate circumstances differently....

Now given that Kenyan did not exist until two years after Obama's birth he CANNOT be a Kenyan national either. Though Obama could - but never did - obtain a dual nationality as a British citizen right up to August 1981. Note that several previous Presidents have been eligible for dual nationality with Britain due to the British nationality of their mothers via juris sanguine, but that is another matter for both debate and reasearch....

In summary if you look at the situation from factual birth information - namely being born in Hawaii at the said date, Obama never eligible for dual citizenship - possibly apart from Britain - due to restrictions elsewhere per juris sanguine, then this issue is a dead issue.

Berg's frivolous attempts at intervention in a legitimate candidates attempts to be elected president of the USA could ultimately prove very costly to him, as there are torts as state and federal level that could be used against him in this regard.


http://www.factcheck.org/elections-2008/born_in_the_usa.html
He has already produced a BC which has been confirmed to be real.
Also remember this is the same wacko who filed a lawsuit against bush and cheney alledging they were responsible for 9/11.


On Oct 21 and Oct 22 Berg filed a motion for expedited rulings on his motion to find his request for some 30 admissions be deemed true, due to Obama’s failure to file any responses or denials.

Berg also filed a request for an expedited hearing and ruling on his motion for summary judgement, therefore winning on all of his allegations and claims.

Obama’s 11th hour response was to file a motion to dismiss the case which he can’t possibly win in view of triable issues timely filed and served. Obama is trying to stall resolving the admissions (including that Obama was born in Kenya and was adopted by his Indonesian step father and has not applied to re-gain his US citizenship, if he had it at birth.

In the alternative, if his motions aren’t granted,
Berg requests the court for an order for Obama
to produce an authentic long form “vaulted” birth certificate within three days.

That would be upon his return from Hawaii,
if granted by the court.

Berg has turned up the heat on Obama’s rhetoric
and presents substantial evidence to support his claims. He reasons that all claims would be rendered moot if Obama would simply produce
his proper birth certificate and citizenship records.

Your comment is awaiting moderation.

LEAVE A COMMENT


You are kidding me. Obama is definitely a U.S. citizen. Who cares if his father isn't? As far as I am concerned, even if your parents aren't citizens of the United States, if you are born there, you are a citizen in my eyes. And no one else seems to care if his mother was only 18 when he was born. If Obama can make a difference in the country, elect him!


Dear Obamabots,

OBAMA IS NOT A US CITIZEN! Obama was born in Kenya, as confirmed by numerous relatives, which disqualifies him from being president (US Const. Article 2). His mother was not allowed to fly back to Hawaii to give birth because pregnant women could not fly. She flew back afterwards to get a notification of birth, which does not count as a birth certificate. Also, he is still technically an Indonesian citizen, adopted by stepfather Lolo Soetoro. Obama even renewed his citizenship there while traveling to Pakistan with his terrorist buddies.

The lawsuit can be found here:
http://dockets.justia.com/docket/court-paedce/case_no-2:2008cv04083/case_id-281573/

This is real and instead of Obama just producing a birth certificate, he is FIGHTING THE CASE! Enough said.
DON'T FALL FOR THE SCAM CALLED OBAMA!
This would be the biggest fraud of all time - and I'm glad I could clear this up for EVERYONE in this message board.


You only answered half the question.
Google "Phillip Berg Lawsuit Obama" and then go back and re-write an article that answers the question asked, not the one you want to answer.
Thanks.
Berg isn't a 'right winger', he's a lifelong committed Democrat who has been extremely active in the party.
He's doing this because he believes in the constitution.
Why hasn't Obama released his birth certificate, health records, and school records?
Because they are damning to him and his campaign and will result in proof that he is ineligible for office.
Investigative journalism isn't about answering half a question. Dig deeper and try again.
By law, the DNC and Obama's refusal to comply with the suit's 30 day window for response means he is, by statute, not contradicting the allegations. That means he's guilty.
Fraud.
Jail time.
That's the change we need.


Even if he were born on the moon, Obama would be a citizen because his MOTHER was a citizen.

And if what you and Mr. Berg allege is true, then the State of Hawaii, the State of Illinois, the Illinois Bar Association, the Illinois Secretary of State, and the Attorneys General of Hawaii, Illinois and the United States would all be guilty of a federal offense.

This is complete nonsense, and a waste of the courts time. My money is on the judge throwing it out of court.


Everyone, please email the DOJ requesting to see the data that verifies that both candidates meet the requirements for eligibility to run for the president of the U.S.A. Email: AskDOJ@usdoj.gov


One thing you people who are angry at McCain about this for need to realize is that he is not personally behind this allegation. The main person behind this is a lawyer by the name of Phillip Burg, a Democrat and Hillary Clinton Supporter. So be mad at the Backstabber, not the War Hero.


I am an independent voter and will remain that way. I constantly question information, the source, and the motive. I'm glad that because of this election more people are doing their own research. The reason I am following this issue is…

If we elect BO and he has not proven to us that he meets the criteria in our own constitution then his presidential authority may be questioned by leaders around the world. That is the issue. We all need him to settle these questions and release his information for our country's future.

This is the first time I have ever posted a comment to anything. If you respond after reading this please recommend other blog sites.


Do we want a president who in the beginning of the campaign would turn away from the flag. There is to much sorrow in this country. The one thing we have is that we are U.S. citizens and can stand proud for our flag. Vote for John McCain and Sarah Palin. They love the United States of America and are for the people.


Being born in Kenya, doesn't make you a "natural born citizen".

This will go to the supreme court.

File a complaint with the FEDERAL AGENCY who’s jurisdiction this should fall under.

Federal Election Commission.

http://www.fec.gov/pages/brochures/complain.shtml


Being born in Kenya, doesn't make you a "natural born citizen"; at best it makes you a "Naturalized" Citizen.... NOT Qualifying you for the highest office of the land.
This will go to the supreme court.
File a complaint with the FEDERAL AGENCY who’s jurisdiction this should fall under.
Federal Election Commission.
http://www.fec.gov/pages/brochures/complain.shtml


I just have to say American citizens would be better off without parties. It divides people straight away. Instead of asking what a person thinks on political topics. We ask where their loyalties lay. George Washington had his faults, but he did try to get rid of the parties back in the early days of this country. Now Obama is the one I'll be voting for come november 4th, I'm young and believe I can benefit more from him then McCain. There it is on the table. Jumped around a little bit sorry for that, but think about how the US would be if parties were taken away. If anyone can point out a positive reason for them let me know really I'd like some insight. Peace for now and god bless all of you.


why would anybody with any brains even think about voting for Barry ? If you don't like McCain then there are several other choices and you can always write in for someone. The guy is a socialist he hangs with Marxists and has never run anything but his mouth. I don't think he is Qualified to be dogcatcher at least Palin has run the largist state in the nation.


I'ts not Obama I am worried about. its the idiots like barney frank, Pelosi and Harry Reid just waiting to pass laws that are going to bring down this country. with a all Democratic congress & senate they are just dying to begin the downfall of the USA. God Save our country


I've studied this issue for months, I've dismissed it, revisited it, dismissed it again, and as an independant concluded that Obama might be a good corrective swing in our current politic. However, it's really too bad, but I can not support him while there are outstanding, unaddressed, unanswered questions. COB evidence on the Obama site has changed (different photo angles don't hide this fact if you look closely), too many conflicting stories about place of birth, to many unreleased documents, the list goes on. I must remain critical in analysis and I must not abandon evidence. There is just too much that is not forthcoming. If he would clear up these questions, I'd vote for him. But I cannot as it now stands.


I am a former Special Agent with the department of defense and I've always been interested in finding the "facts", and especially so when taking a good look at Presidential candidates. Both left and right media sources have stumbled over their own tongues during this year's race from what I've seen. Personally, I see McCain as a time, and war proven patriot, who's ancestors have all been buried in American soil. I'm truly not convinced Obama is a patriot and there are still unanswered questions as to whether or not Obama's birth certificate in Hawaii was a forgery and that he may have indeed been born in an African hospital. Also, I'm a golfer and a capitalist. Study up......


The issue is not whether he is a citizen or not. It is whether or not he is natural-born citizen. My nieces are citizens even though they were born in Austrailia because their father, my brother was born in America to parents who were both born in America. Obama dioes not pass the litmus test for being a natural born citizen even though he is naturalized citizen the same as my nieces.