Obama Eligibility Case Considered by Supreme Court

By Douglas V. Gibbs

When Obama's birth certificate became the talk in some circles, I considered the possibility that the birth certificate was not valid. I did not believe he was necessarily born in Kenya, but I found it curious that Barack Obama was doing all he could to seal records, and how his team was making sure that the long form version of his birth certificate from Hawaii was not being made available. And if Obama was truly born in Hawaii as he stated, I wondered what the big deal was about his birth certificate. If he was born in Hawaii, then why not show us the document? Was there something else he could be hiding? Did the line that reads "Father's Name" embarrass him or something?

Even though I did not necessarily fully accept the possibility that Barack Obama was not born in the United States, I did question his eligibility anyway. By Obama's own admission, his father was not an America citizen at the time of Barack's birth. Since the Founding Fathers, derived many of their legal definitions from Vattel's Law of Nations, and that document indicates that in order for a person to be a natural born citizen their parents must also be citizens at the time of the child's birth, it seemed reasonable to assume that based on Constitutional grounds, Barack Obama was not eligible to be the President of the United States because his father was not a citizen at the time of his birth.

All of the cases brought against Obama's eligibility for President of the United States has keyed in on the birth certificate. However, now there is a case the United States Supreme Court is considering taking that challenges Obama's eligibility based on the definition of "Natural Born Citizen," using his father's failure to be an American citizen as the disqualifying factor.

The case is Kerchner v. Obama, and the team bringing the lawsuit have shown standing, and that they have a valid argument regarding Obama's eligibility. If after conferring on the case, the Supreme Court determines that the merits of the case should be heard, it will make this case truly unprecedented. If the Supreme Court decides to grant the "writ of certiorari," the case may be directed to a federal trial court in New Jersey to hear the merits of the case, or the United States Supreme Court may choose to hear the merits itself. The court's decision on the writ could be announced as early as Wednesday.

One of the lawyers bringing the case said it is "undisputed fact" that Obama's father was a British subject. The Law of Nations is clear that both parents must be American citizens at the time of birth for the person to be a natural born citizen. But even more important is that if the Supreme Court decides there should be a hearing on the merits of the case, it will mean that in discovery all of Obama's records must be made available, including his long form birth certificate. If, as birthers expect, it is proven that Obama was not born in the United States, it would show that he is not only not a natural-born citizen, but also that Barack is an undocumented alien that has never been naturalized, nor given even resident status. Therefore, not only would his presidency be invalid, but he would also need to be deported (if not imprisoned for being criminally fraudulent first).

Another attorney who has brought Obama eligibility cases to the Supreme Court, Philip Berg, agrees that discovery would sink Obama's presidency.

"The Supreme Court has never decided to hear the merits of an eligibility case," Berg added. "If the Supreme Court would decide to hear a case, Obama would be out of office instantly. If Congress decided to hear a case, Obama would be out of office."

The "Vattel theory," which asserts that the term "natural born citizen" as used in the Constitution was defined by French writer Emer de Vattel in his work, "The Law of Nations," was widely known and respected by the founding fathers, and the definition in that work defines the term 'natural born citizen' to mean an individual born of two citizens. This is important because it guards against the possibility of divided loyalties, and as Commander in Chief, a President's loyalty must be solely with the United States of America.

-- Political Pistachio conservative News and Commentary

U.S. Supreme Court confers on Obama eligibility - World Net Daily