Tuesday, November 04, 2008

Would Obama victory provoke constitutional crisis? By CKA in Red State USA

Source: http://theamericansentinel.com/2008/10/29/is-obama-intentionally-precipitating-a-constitutional-crisis/

October 29, 2008

By refusing to produce his birth certificate, Barack Obama pushes America closer to constitutional crisis, if elected. If his real nationality was uncovered later and he was not a natural-born citizen, what would happen? Would chaos or civil strife follow?  


Sound farfetched? Maybe not. 


The Constitution–the same one that Obama says is fundamentally flawed; the same one whose First and Second Amendments apparently offend him–says in Article II, Section I: “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 . . .”


So if a non-citizen should get elected and take the oath of office, this would create crisis not seen before. This potentiality of a non-citizen, specifically Obama if he is not a natural-born citizen, becoming president has bothered me for months. How badly would that damage our country and our very foundation?


I just found what appears to be the most compelling presentation I’ve found about the extent of a potential constitutional crisis, should potential non-citizen Obama be elected.


In this Oct. 29 must-read Web piece, “Obama Must Stand Up Now or Step Down,” by Edwin Viera Jr., Ph.D., J.D., constitutional attorney Viera suggests that if Obama takes the presidential oath of office–knowing he’s not a natural-born citizen, if that’s the case–he perjures or falsely swears. If so, then everything he does thereafter as “usurper” of Office of the President will be criminal, Viera asserts.


Other issues Viera, who has presented four cases before the U.S. Supreme Court and won three of them, raises?


The list is long, but basically indicates that everything Obama would do officially would be invalid.


Perhaps the most immediately troubling issue to me is Viera’s contention that Congress could not impeach Obama, because he was never legitimately president.


Instead, some individual, possibly having to use physical force, would have to arrest him, the attorney says. And that, Viera suggests, could lead to armed conflicts in the public and the government. Another name for this? Civil war.


Besides such potential nightmare, though, what Viera also presents speaks, in my opinion, to the very heart of what long-term public and constitutional disaster non-citizen Obama could create.


Consequences? Actions by the three branches of government taken during pretender Obama’s tenure might be overturned when a legitimate president was identified, Viera speculates. ”Breathtaking” domestic and international chaos would ensue, he theorizes.


All that Viera has discussed bears immediate reading, consideration and action.


To me, there must be clear, credible answers about Obama’s citizenship before the election.


And it’s now not just that Obama must be defeated, it’s that he must be pressured by someone in his camp, someone having a last vestige of integrity and character and honesty–and patriotism–to reveal his real nationality. Now.


Or pressure must come from some legitimate officer of some court. Somewhere.


Regardless who or what makes the demand, do or compel whatever needs to be done to find out if, indeed, Barack Obama is actually eligible to be president if, God forbid, he is elected.


But if that does occur and he is not a natural-born citizen, when that truth surfaces–and it will surface–then Obama’s real and lasting damage will occur.


And then he who once ran as the great unifier, but who continues to reveal himself as a racial and cultural arsonist and one who appears to dismiss any constitutional restraint, will have gained infamy that not even his smooth-talking tongue can undo.


He or someone in his camp still has the chance to be a real patriot. Obama can and must come clean. Now. And then do the appropriate right thing. Immediately.

2 comments:

smrstrauss said...

Re Obama being born in Kenya:

Baloney!

If Obama had been born in Kenya, there would be a record of his mother arriving in Kenya in the archives of the Kenya government.

The critics of Obama, who allege that he was born in Kenya, have not shown anything like this. All they would have to do is to go to those files in Kenya and show that Obama’s mother had been in Kenya in 1961.

I listened to the tape and it is not clear that Obama's grandmother understood the question. The translator (who is also apparently a relative) says repeatedly that Obama was born in Hawaii.

The officials in Hawaii say he was born in Hawaii.

The certificate of live birth has been accepted as legal proof of Obama's birth in Hawaii by a court in Virginia. (Yesterday. See: http://www.freerepublic.com/focus/f-news/2123806/posts)

So, unless you (meaning the side that thinks Obama is not a natural born citizen) can PROVE that Obama was born in Kenya, this is an absurd claim.

After Berg, several other cases against Obama on the natural born citizen issue were brought in other states.

While most of them just did what the Berg case did, which was to rule that Berg had no standing to sue, some of the others looked at the “evidence” - and concluded that the stuff was absurd.

In Ohio, for example the judge (magistrate) said:

“(Neal) presented no witnesses but himself. From that testimony, it is abundantly clear that the allegations in [Neal]’s complaint concerning “questions” about Senator Obama’s status as a “natural born citizen” are derived from Internet sources, the accuracy of which has not been demonstrated to either Defendant Brunner or this Magistrate … Given the paucity of evidence… this Magistrate cannot conclude that Defendant Brunner has abused her discretion in failing to launch an investigation into Senator Obama’s qualifications to hold the office of President of the United States. ” See:
http://www.oxfordpress.com/hp/content/oh/story/news/local/2008/10/31/ws103108obamasuit.html

In Virginia, which was just ruled on yesterday, the judge went further and said that the certificate of live birth was good proof that Obama was born in Hawaii, and there was NO proof presented that he was born anywhere else.

Here is a report from a web posting that is not official, of course, but it seems accurate mainly because the fellow who posted it was AGAINST Obama. He is disappointed, but accepts the ruling. You can find this post at : (
http://www.freerepublic.com/focus/f-news/2123806/posts)

(Note that sometimes the author correctly puts COLB correctly and sometimes he types it as CLOB, but he means certificate of live birth throughout.)

Quotes:

The Court made the following findings:

1. The Certification of Live Birth presented to the court is unquestionably authentic.

The court noted that the certification had a raised seal from the state of Hawaii, had a stamp bearing the signature of the registrar of vital statistics. The court found “wholly unpersuasive” any of the internet claims that the birth certificate was altered in any way. Furthermore, the document itself was accompanied by an affidavit from the State Health Director (of Hawaii) verifying that the document is an authentic certification of live birth. The court held that there could be no doubt that the document was authentic unless one believed that the state of Hawaii’s health department were in on an elaborate and complex conspiracy – and that there is not a shred of evidence that this is the case.

2. The Certification of Live Birth establishes that Mr. Obama is a natural born citizen.

The affidavit of the State Health Director states that the information on the CLOB is identical to the information on the “vault” copy of the birth certificate, and that both documents establish that Mr. Obama was born in Honolulu. The Court noted that the CLOB is valid for all citizenship purposes. The court noted our argument that the COLB is not valid for determining citizenship, but referred us to Hawaiian law that states otherwise. “There is no difference between a certificate and a certification of live birth in the eyes of the state. For instance, either can be used to confirm U.S. citizenship to obtain a passport or state ID.” The court found that Hawaiian law makes the COLB valid for all purposes with the exception of determining native Hawaiian heritage for certain state and federal benefits. The court held that if Mr. Obama were born elsewhere and the birth registered in Hawaii, the “place of birth” line on the COLB would reflect that fact. The court stated that there could be no doubt that Mr. Obama was born in Hawaii and that any argument to the contrary was fanciful and relied on completely unsubstantiated internet rumors.

3. For that reason, 8 U.S.C. §1401(g), which at the relevant time provided as follows:

“The following shall be nationals and citizens of the United States at birth: ***(g) a person born outside the geographical limits of the United States and its outlying possessions of parents one of whom is an alien, and the other a citizen of the United States who, prior to the birth of such person, was physically present in the United States or its outlying possessions for a period or periods totaling not less than ten years, at least five of which were after attaining the age of fourteen years:…..
is irrelevant to this matter, as Mr. Obama was conclusively born in Hawaii.

4. Mr. Obama did hold dual citizenship in the U.S. and Kenya until he became an adult. When Barack Obama Jr. was born Kenya was a British colony. As a Kenyan native, Barack Obama Sr. was a British subject whose citizenship status was governed by The British Nationality Act of 1948. That same act governed the status of Obama Sr.’s children: “British Nationality Act of 1948 (Part II, Section 5): Subject to the provisions of this section, a person born after the commencement of this Act shall be a citizen of the United Kingdom and Colonies by descent if his father is a citizen of the United Kingdom and Colonies at the time of the birth.” In other words, at the time of his birth, Barack Obama Jr. was both a U.S. citizen (by virtue of being born in Hawaii) and a citizen of the United Kingdom by virtue of being born to a father who was a citizen of the UK. Obama’s UK citizenship became an Kenyan citizenship on Dec. 12, 1963, when Kenya formally gained its independence from the United Kingdom. The court noted that Chapter VI, Section 87 of the Kenyan Constitution specifies that:

1. Every person who, having been born in Kenya, is on 11th December, 1963 a citizen of the United Kingdom and Colonies or a British protected person shall become a citizen of Kenya on 12th December, 1963…

2. Every person who, having been born outside Kenya, is on 11th December, 1963 a citizen of the United Kingdom and Colonies or a British protected person shall, if his father becomes, or would but for his death have become, a citizen of Kenya by virtue of subsection (1), become a citizen of Kenya on 12th December, 1963.
Thus the court held that as a citizen of the UK who was born in Kenya, Obama’s father automatically received Kenyan citizenship via subsection (1). So given that Obama qualified for citizen of the UK status at birth and given that Obama’s father became a Kenyan citizen via subsection (1), thus Obama did in fact have Kenyan citizenship in 1963.

However, the court further held that the Kenyan Constitution prohibits dual citizenship for adults. Kenya recognizes dual citizenship for children, but Kenya’s Constitution specifies that at age 21, Kenyan citizens who possesses citizenship in more than one country automatically lose their Kenyan citizenship unless they formally renounce any non-Kenyan citizenship and swear an oath of allegiance to Kenya. The court held that there was no evidence that Mr. Obama has ever renounced his U.S. citizenship or sworn an oath of allegiance to Kenya, his Kenyan citizenship automatically expired on Aug. 4, 1982.

The court held that there was no legal requirement that Mr. Obama renounce his Kenyan citizenship or affirm his U.S. citizenship in order to maintain his status as a natural born citizen.

5. Mr. Obama did not lose his U.S. Citizenship based on the acts of his parents, including adoption by an Indonesian citizen. The Court held that no action taken by the parents of an American child can strip that child of his citizenship. The court cited to the 1952 Immigration & Nationality Act, Title III, Chapter 3, Sections 349 and 355, which was in effect in the late 1960s when Obama went to Indonesia, and which stated that a minor does not lose his US citizenship upon the naturalization of his parents or any other actions of his parents, so long as the minor returns to the US and establishes permanent US residency before the age of 21. Thus the adoption of Obama did not serve to strip him of his U.S. citizenship. The fact that Indonesian law does not allow dual citizenship is irrelevant, as U.S. law controls. Furthermore, the Court held that traveling on a foreign passport does not strip an American of his citizenship. The Court noted first that there was no evidence that Mr. Obama traveled on an Indonesian passport (Mr. Berg and others we reached out to for evidence never provided any evidence of this claim or any other of the claims we could have used some proof of.) Nonetheless, the court held that such travel does not divest an American of his citizenship.

The Court makes other holdings and findings that I won’t bother you with here. Needless to say, the decision is wholly against us. The court finds the claims against Mr. Obama’s citizenship “wholly unpersuasive and bordering on the frivolous, especially in light of the complete absence of any first-hand evidence on any critical issue” and further classifies it as “conspiracy theory of the lowest sort, fueled by nothing than internet rumor and those who truly want to believe egging each other on.”

I like the part about “conspiracy theory of the lowest sort.”

Joyce Kavitsky said...

smrstrauss, for somebody so up on the subject, you still fail to show the original Hawaiian birth certificate mentioned in this article http://phillipsphiles.blogspot.com/2008/11/hawaiian-officials-admit-withholding.html that is in the Hawaii Health Department. What hospital was Obama supposedly born at in Hawaii. His two half-sisters claim two different hospitals on the islands. Obama was born in Kenya, say his as above mentioned paternal grandmother in Kenya as well as two siblings who witnessed the birth. This case was followed in this page. Search "birth certificate" or "Berg" and see for yourself. It is relevant, not just to Mr. Berg - it is a constitutional breech that affects every American who particiated in yesterdays election who voted unknowingly for a foreign-born candidate.