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Congress Should Not Confirm Barack Obama As President, For He Is Not an Article II “Natural Born Citizen”
Natural Born Citizen - A Place to Ask Questions and Get the Right Answers
Mario Apuzzo, Esq.
12/30/2012
Excerpt:
The issue of Obama’s eligibility to be President has always been whether he is an Article II “natural born Citizen.” And that issue has always been about answering two questions: (1) whether he was born in the United States and (2) whether at the time of his birth in the United States he was born to United States citizen parents, for a “natural born Citizen” is defined as a child born in a country to parents who were citizens of that country. See Mario Apuzzo, The Two Constitutional Obstacles Obama Has to Overcome to be President, at http://puzo1.blogspot.com/2008/12/tw...obama-has.html (published on December 20, 2008).
Obama eligibility supporters like to focus on the first question, place of birth, for it lends to so much controversy, speculation, and confusion. The place of birth question raises concerns about whether Obama’s birth certificate, social security number, and draft registration card are false. Of course, for any of that to be true would necessitate conspiracy among many individuals employed by various state and federal government agencies. The charges of conspiracy gives Obama's supporters great opportunity to ridicule and mock concerned American citizens who--given that Obama has never released his original birth certificate to any controlling government authority, Obama still refuses to give his consent to release to the public his birth, education, travel, and work records, and some have uncovered unconfirmed information suggesting that Obama was born in Kenya--are still searching for a conclusive answer to the question of whether Obama was born in the United States. These Obama supporters bask in the ease by which they are able to attack those who, without any government or law enforcement assistance, are still investigating Obama’s place of birth with little resources available to them. These Obama eligibility supporters also like to make everyone think that the place of birth issue seals a victory for Obama and them. But such a statement is false.
These Obama eligibility supporters have not been able to adequately cast off either by way of any current well-researched and reasoned court decision or otherwise the other requirement for being a “natural born Citizen,” i.e., that the child must be born to parents who were citizens of the country when the child was born. As we can see below, there is a great amount of historical, U.S. Supreme Court, and Congressional sources that confirms this additional requirement which neither a handful of lower law and administrative courts--which have ruled that they have no jurisdiction or plaintiffs have no standing, but yet have still decided the merits of the question of whether Obama is a “natural born Citizen”--nor these Obama eligibility supporters have been able to adequately address.
What does all this mean for Congress which on January 4, 2013 will be counting the Electoral College votes and deciding whether President Elect Barack Obama is constitutionally qualified to be President? Under Article I, II, and III, the legislative, executive, and judicial branches of government are each given specific and exclusive powers. This is our separation of powers feature of our tripartite form of government. Under this doctrine, powers given to one branch are not to be exercised by any other. Under this scheme and specifically under Article III, the power to interpret the constitution is given solely to the judiciary. The Constitution does not textually commit the resolution of the question of what is a “natural born Citizen” to any specific branch of government other than the judicial branch. The question is no different from the question faced countless times by our nation’s federal and state courts when deciding what the applicable eligibility requirements for any given elected office are. Hence, the constitutional question of the meaning of a “natural born Citizen” is left to the judicial branch to resolve.
.........................................
View the complete article at:
http://puzo1.blogspot.com/2012/12/co...rm-barack.html
Natural Born Citizen - A Place to Ask Questions and Get the Right Answers
Mario Apuzzo, Esq.
12/30/2012
Excerpt:
The issue of Obama’s eligibility to be President has always been whether he is an Article II “natural born Citizen.” And that issue has always been about answering two questions: (1) whether he was born in the United States and (2) whether at the time of his birth in the United States he was born to United States citizen parents, for a “natural born Citizen” is defined as a child born in a country to parents who were citizens of that country. See Mario Apuzzo, The Two Constitutional Obstacles Obama Has to Overcome to be President, at http://puzo1.blogspot.com/2008/12/tw...obama-has.html (published on December 20, 2008).
Obama eligibility supporters like to focus on the first question, place of birth, for it lends to so much controversy, speculation, and confusion. The place of birth question raises concerns about whether Obama’s birth certificate, social security number, and draft registration card are false. Of course, for any of that to be true would necessitate conspiracy among many individuals employed by various state and federal government agencies. The charges of conspiracy gives Obama's supporters great opportunity to ridicule and mock concerned American citizens who--given that Obama has never released his original birth certificate to any controlling government authority, Obama still refuses to give his consent to release to the public his birth, education, travel, and work records, and some have uncovered unconfirmed information suggesting that Obama was born in Kenya--are still searching for a conclusive answer to the question of whether Obama was born in the United States. These Obama supporters bask in the ease by which they are able to attack those who, without any government or law enforcement assistance, are still investigating Obama’s place of birth with little resources available to them. These Obama eligibility supporters also like to make everyone think that the place of birth issue seals a victory for Obama and them. But such a statement is false.
These Obama eligibility supporters have not been able to adequately cast off either by way of any current well-researched and reasoned court decision or otherwise the other requirement for being a “natural born Citizen,” i.e., that the child must be born to parents who were citizens of the country when the child was born. As we can see below, there is a great amount of historical, U.S. Supreme Court, and Congressional sources that confirms this additional requirement which neither a handful of lower law and administrative courts--which have ruled that they have no jurisdiction or plaintiffs have no standing, but yet have still decided the merits of the question of whether Obama is a “natural born Citizen”--nor these Obama eligibility supporters have been able to adequately address.
What does all this mean for Congress which on January 4, 2013 will be counting the Electoral College votes and deciding whether President Elect Barack Obama is constitutionally qualified to be President? Under Article I, II, and III, the legislative, executive, and judicial branches of government are each given specific and exclusive powers. This is our separation of powers feature of our tripartite form of government. Under this doctrine, powers given to one branch are not to be exercised by any other. Under this scheme and specifically under Article III, the power to interpret the constitution is given solely to the judiciary. The Constitution does not textually commit the resolution of the question of what is a “natural born Citizen” to any specific branch of government other than the judicial branch. The question is no different from the question faced countless times by our nation’s federal and state courts when deciding what the applicable eligibility requirements for any given elected office are. Hence, the constitutional question of the meaning of a “natural born Citizen” is left to the judicial branch to resolve.
.........................................
View the complete article at:
http://puzo1.blogspot.com/2012/12/co...rm-barack.html