Birth Certificate Issue Refuses To Go Away

'Tribune' Ad Creates Stir: Birth Certificate Issue Refuses To Go Away
By John P. Connolly, The Bulletin

Despite the lack of media coverage and the derision of President-elect Barack Obama's supporters, a newspaper ad signaled that the controversy surrounding Mr. Obama's citizenship is not going away.

The We The People Foundation, an organization designed to increase understanding of the Constitution, took out two full-page ads in the Chicago Tribune calling on Mr. Obama to release his proof of natural birth and U.S. citizenship.

"Representing thousands of responsible American citizens who have also taken an oath to defend the Constitution of the United States of America, I am duty bound to call on you to remedy an apparent violation of the Constitution," read the open letter from Robert L. Schulz, the chairman of We The People.

Questions about Mr. Obama's citizenship, and by extension, his eligibility to be president, have focused around Mr. Obama's unwillingness to release his original birth certificate. The lack of evidence in the controversy was cited by the letter as the root of concern from citizens over the fate of the presidency.

"In consideration of the escalating constitutional crisis brought on by the total lack of evidence needed to conclusively establish your eligibility, I am compelled to serve you with this First Amendment Petition for a redress of this violation of the Constitution," stated the ad. "With all due respect, I ask that you immediately direct the appropriate Hawaiian officials to allow access to the vault copy of your birth certificate by our forensic scientists on Friday, Saturday and Sunday, Dec. 5, 6 and 7, 2008."

The ads were met with derision by the Chicago Sun-Times columnist Mary Mitchell, who cited a document put on the Internet by the Obama campaign in the summer as proof for why Mr. Obama is a natural born U.S. citizen.

The document that was put on Mr. Obama's "Fight the Smears" Web site was not a birth certificate, but a birth certification, which is a computer generated print-off of information taken from a normal birth certificate. Further, critics assert that there is evidence that puts the low-quality scan in question.

A meeting of Supreme Court justices will decide on Dec. 5 whether or not to hear one of multiple cases over the release of Mr. Obama's birth certificate. The lawsuit filed by Leo C. Donofrio against the Secretary of State of New Jersey is scheduled for a meeting of the justices, and should four of them vote in favor of the case, hearings would be scheduled. Mr. Donofrio also wants a similar case from a Connecticut court heard by the Supreme Court at the same time.

Mr. Donofrio applied to the Supreme Court after the Supreme Court of New Jersey dismissed his case. His first application was to Justice David Souter, who denied the application. Mr. Donofrio then applied to Justice Clarence Thomas, who scheduled Friday's meeting.
According to the U.S. Constitution, "no person except a natural born citizen, or a citizen of the United States, at the time of the adoption of this Constitution, shall be eligible to the office of president."

In Pennsylvania, attorney Philip J. Berg filed a suit against Mr. Obama and the Democratic National Committee in August, in the hopes that Mr. Obama would produce his original birth certificate. Mr. Berg says he believes Mr. Obama was born in Kenya.

The case was thrown out of the Third Circuit Court in November because the judge ruled Mr. Berg had no standing to enforce the presidential requirements of the Constitution. Mr. Berg has since filed a writ requesting the Supreme Court hear his case, and Mr. Obama waived his right to respond to the writ. The Court has not yet decided whether or not it will hear Mr. Berg's case.

John P. Connolly can be reached at jconnolly@thebulletin.us