OBAMA: Do not leave Americans in silence - Letter to SCOTUS

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/