By Dr. Kate, an Exclusive for the TD Blog
TD Foreword: Dr. Kate shared with me this letter that she recently sent to Chief Justice John G. Roberts of the U.S. Supreme Court, and I asked her if I could publish it. Regular readers know that I am not optimistic that the Court will have the courage to get involved in clarifying Article II’s natural-born citizen clause in the context of Obama’s eligibility, although I believe that they should. However, I will continue to publish intelligent commentaries on the question of Obama’s eligibility, and Dr. Kate is one of the wisest contributors on the subject I’ve come across. She, as well as Judah Benjamin, will always have a home here on this blog so long as it exists.
I want to thank Dr. Kate for her patriotism, perseverance, and time-consuming research.
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© 2008 DrKate
Honorable Chief Justice John G. Roberts
Supreme Court of the United States
Subject: Constitutional Eligibility Requirements for President of the United States
Dear Chief Justice Roberts:
Respectfully, I am writing to you as one of several million concerned Americans who are now aware of the questions surrounding Barack Obama’s eligibility under Article II of the United States Constitution to serve as President of the United States (POTUS).
I am not writing to advocate for any of the cases now or potentially before this Honorable Court. However, I am writing to respectfully ask that the Supreme Court, in its deliberations in the substantive components of any of these cases, provide clarifying language for the American public as to the meaning of the Article II ‘natural born citizen’ requirement to the selection of a President of the United States. Until this language is clarified, anyone could be President of the United States by falsely representing their eligibility. The Court’s silence on this issue, in my humble opinion, would be more damaging to Americans than making a clear statement, even if the cases are dismissed.
My reasoning follows herein.
Mr. Obama’s own words confuse.
For at least two years, Barack Obama has asserted on his campaign website that he is “a ‘native born’ U.S. citizen under the 14th amendment.” It does notsay that he is a ‘natural born’ citizen as defined under Article II of the Constitution. While Mr. Obama does not explicitly say so, he is equating his citizenship under the 14th Amendment with the ‘natural born’ citizen requirement of Article II. Under this assertion, any naturalized or American citizen, or dual citizen, could become President of the United States.
Respectfully, if Article II and the 14th Amendment convey the same entitlement to the Presidency, Governor Arnold Schwarzenegger, a naturalized citizen born in Austria, would have been President long ago. Yet when the Governor is asked about his run for the Presidency, he always replies that it would be ‘necessary to amend the Constitution’.
I have attached a copy of a certified document for the state of Arizona that was obtained through requests under the Public Records Act of each state. Mr. Obama was required to submit this document to place his name on the state’s Presidential ballot. As the document shows, Senator Obama swears that he is a “‘natural born citizen’ of the U.S. and meets all the Constitutional eligibility requirements under Article II of the U.S. Constitution.”
Which is controlling for the POTUS: Article II or the 14th Amendment?
Millions of Americans have this question
All American Citizens are Aware of the Special
Requirement for POTUS
Like many American citizens, I grew up knowing about the special limitation placed on the position of the President: the ‘natural born’ requirement. As I learned, the ‘natural born’ component is not entirely about geography, it is also about citizenship at birth. At age 18, I remember my American mother breathing a sigh of relief as I swore allegiance to the United States, because I was born to her and a foreign national outside the United States. I have known all my life that I could not be the President unless the Constitution was amended. It was a result of the citizenship of my father and my birth outside of the United States.
As much as my personal story reflects that of millions, many are similarly aware that Congress can amend the Constitution to alter these special requirements through ratification by ¾ of the states. To my knowledge, two recent attempts change the eligibility requirements of the Presidency through Amendment were introduced in Congress in 2000 and 2003 but have not moved farther than introduction and discussion. Senate Resolution 511 (April 2008) attempted to include ‘foreign born’ U.S. citizens as eligible for the Presidency.
Americans are aware of the special limitation placed on the office of the President, and we also understand that to change that kind of limitation, in this country we use an orderly process called ‘amending the constitution’. Has the process outlined in Article V of the Constitution been replaced by ‘the popular vote’?
Did Americans make an Informed choice?
By assumingthat Mr. Obama had been properly vetted by the Democratic Party, federal officials, and by the Secretaries of State, did the American people make an uninformed decision about his nomination and election? When questions arose about his eligibility last June, his critics were called ‘racists’ and were accused of “questioning Mr. Obama’s patriotism.” The media paid absolutely no attention to these basic eligibility questions.
Mr. Obama has failed to provide information for public scrutiny that every single American has to provide for a job, application to school, military service, or government employment every single day in this country. Why does this request land on this Honorable Court’s steps instead of its easy early resolution?
If it is revealed either now or later that he is not eligible to serve as President, would not the outrage of millions of people be expected, having been defrauded of their ability to vote for an eligible candidate and nearly one billion dollars?
The entire outcome of the election could have been different.
Respectfully, millions of Americans and many around the world are now aware of this issue, and we are wondering if our Constitution still exists. Hence I return to the need for this Honorable Court’s language, guidance, and wisdom in whatever its decision is on the substantive issues for any of the eligibility cases.
Chaos and Unrest Possible Without Comment
The failure of the parties, the government, the media, and the election process to properly vet Mr. Obama currently places our country in the precarious position of not knowing who Mr. Obama really is. Is Mr. Obama a ‘native’ born citizen, a ‘natural born’ citizen, or a ‘naturalized American citizen’ or ‘dual citizen’ under the 14th Amendment?
Does it matter to the office of the Presidency?
Your Honor, I offer respectfully that it is my fear that any ruling without comment on the substantive issues brought before the Court will likely lead to permanent unrest, as a major Constitutional question will not have been resolved or clarified for millions of Americans who are aware of this issue.
A lack of clarity and guidance will undermine our faith in our government, its Chief Executive, and the integrity of our electoral process. I fear we will be divided as a Nation precisely at the moment when we need to be united in the face of many obstacles and threats ahead.
However this Honorable Court rules on any of these cases, please do not leave Americans with silence. Our Constitution seems to be hanging by a thread.
I respectfully thank you for your time and consideration, and wish the Court strength and courage in its deliberations.
Sincerely,
[name withheld by TD]
http://texasdarlin.wordpress.com/2008/12/18/do-not-leave-americans-with-silence/
8 hours ago
2 comments:
DONOFRIO/WROTNOWSKI IS NOT DEAD — IT IS AIRTIGHT – THE SUPREMES KNOW IT BUT ARE AFRAID TO ACT — SO THE EXECUTIVE AND/OR THE PEOPLE WILL DO SO — EASY WAY TO MAKE SURE OBAMA NEVER GETS INAUGURATED — HERE’S HOW (READ CAREFULLY):–
Since the Supreme Court has now prevented itself from acknowledging the question of whether Barack H. Obama is or is not an Article II “natural born citizen” based on the Kenyan/British citizenship of Barack Obama’s father at the time of his birth (irrespective of whether Barack Obama is deemed a “citizen” born in Hawaii or otherwise) as a prerequisite to qualifying to serve as President of the United States under the Constitution — the Court having done so at least three times and counting, first before the Nov 4 general election and twice before the Dec 15 vote of the College of Electors — it would seem appropriate, if not necessary, for all Executive Branch departments and agencies to secure advance formal advice from the United States Department of Justice Office of Legal Counsel as to how to respond to expected inquiries from federal employees who are pledged to “support and defend the Constitution of the United States” as to whether they are governed by laws, regulations, orders and directives issued under Mr. Obama during such periods that said employees, by the weight of existing legal authority and prior to a decision by the Supreme Court, believe in good faith that Mr. Obama is not an Article II “natural born citizen”.
The great thing about a ghost candidate who has sealed all his
records is that there will be no end to the sudden surprises. He
rose to power in Chicago without a peep about corruption. All his
friends are crooks, Marxists, or terrorists. Behind his many
closet doors are skeletons knocking and brown smelly stuff is seeping out at the bottom and staining the carpet.
I suspect that we will hear many future incredulous and impossible claims from Mr. Obama. Claiming to have never heard any vitriol in 20 years of hearing Jeremiah Wright preach has only been trumped by his claiming to have never spoken to the governor of Illinois about his own Senate seat.
His messianic bubble is stretching and may possibly survive to the inauguration.
The federal government has become huge by shredding the Constitution. Congress, Bush, and Obama are equally criminal in disrespecting limited government that exists to protect our rights and freedom.
I welcome anything that exposes the fallacy and evil of the incestuous two party monopoly. The Republicans and the Democrats are like two inbred hillbilly brothers and the government is their cousin they keep locked in the woodshed to have their way with whenever they want.
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