Georgia citizens today delivered sworn testimony to a court that Barack Obama is slam-dunk disqualified from having his name on the 2012 presidential ballot in the state, because his father never was a U.S. citizen, which prevents him from qualifying as a “natural-born citizen” as the U.S. Constitution requires for a president.
The historic hearing was the first time that a court has accepted arguments on the merits of the controversy over Obama’s status. His critics say he never met the constitutional requirements to occupy the Oval Office, and the states and Congress failed in their obligations to make sure only a qualified president is inaugurated. His supporters, meanwhile, argue he won the 2008 election and therefore was “vetted” by America.
(In other words they are saying he slipped by illegally, so now that he's in he should be able to stay)
The hearing was before Judge Michael Malihi of the Georgia state Office of State Administrative Hearings. In Georgia, a state law requires “every candidate for federal” office who is certified by the state executive committees of a political party or who files a notice of candidacy “shall meet the constitutional and statutory qualifications for holding the office being sought.”
State law also grants the secretary of state and any “elector who is eligible to vote for a candidate” in the state the authority to raise a challenge to a candidate’s qualifications, the judge determined.
Citizens bringing the complaints include David Farrar, Leah Lax, Thomas Malaren and Laurie Roth, represented by California attorney Orly Taitz, who has handled numerous cases concerning Obama’s eligibility; David Weldon represented by attorney Van R. Irion of Liberty Legal Foundation; and Carl Swensson and Kevin Richard Powell, represented by J. Mark Hatfield. Cody Judy is raising a challenge because he also wants to be on the ballot.
Several of the attorneys introduced passages from Obama’s own writings that Barack Obama Sr. was his father. They then introduced evidence that the man never was a U.S. citizen, that he was a citizen of Kenya at the time of junior’s birth and was therefore a subject of the United Kingdom.
His father’s citizenship, they said, precludes him from serving as president, since the Founders required that officer to be a “natural-born citizen,” not just a “citizen.”
The term is not defined in the Constitution, but evidence introduced included a passage from a 1975 Supreme Court opinion that states:”The Constitution does not in words say who shall be natural-born citizens. Resort must be had elsewhere to ascertain that. At common law, with the nomenclature of which the framers of the Constitution were familiar, it was never doubted that all children born in a country of parents who were its citizens became themselves, upon their birth, citizens also. These were natives or natural-born citizens, as distinguished from aliens or foreigners.”
Weldon explained in his presentation that the 14th Amendment granting citizenship did not redefine Article 2, Section 1 of the U.S. Constitution, which includes the requirement for a president to be a “natural-born citizen.”
The attorney argued also that another later court case referenced citizenship in the dicta, not the central holding in the case, and thus was not controlling.
Many of Irion’s arguments were echoed by Hatfield, a strategy that at least one constitutional expert, Herb Titus, said was sound.
Titus taught constitutional law, common law, and other subjects for nearly 30 years at five different American Bar Association-approved law schools. From 1986 to 1993, he served as the founding dean of the College of Law and Government in Regent University in Virginia Beach, Va. Prior to his academic career, he served as a trial attorney and a special assistant United States attorney with the United States Department of Justice in Washington, D.C., and Kansas City, Mo.
He told WND the fact that Obama’s father was a Kenyan citizen should be sufficient.
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Lou Buren of TWAU BLOG: Of course you probably won't see this ground breaking news on the mainstream liberal media outlets. But you can see it here on our web site, or at WND.com
We can only hope that the other states have a judge as professional and commonsensical as this Georgia judge. So apparently Obama is banned from being on the Georgia ballot. Cool!