According to Article II, Section 2, Clause 5 of the Constitution of the United States:
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; neither shall any Person be eligible to that Office who shall not have attained to the Age of thirty-five Years, and been fourteen Years a Resident within the United States.
Pursuant to the requirement set forth above,one would have thought it would be incumbent upon the election officials or the Secretary of State in each of the 50 states to verify the eligibility of Barack Obama for President. Apparently not.
Not one election official or Secretary of State verified his natural-born citizen eligibility.
Legal actions were brought by U.S. Citizens in both state and federal courts seeking to address this matter. Most of those cases have been dismissed without even being heard by the courts. Those cases are listed below.
This week, Senator Mel Martinez of Florida had the audacity to say that Voters made Obama eligible, as if to say the Constitution didn't matter! (Story Here)
Also this week, Senator Jon Kyl of Arizona made the absurd declaration that Snopes.com had settled this issue even though the alleged Certificate of Live Birth for Obama posted on Snopes has been exposed as a forgery by a forensic expert! (Story Here)
Then, yesterday, another federal Judge put the icing on this cake by throwing out a lawsuit on this issue because the question surrounding Obama's eligibility "was raised, vetted, blogged, texted, twittered, and otherwise massaged. . . . ." So if it's been Twittered, it must be OK? Is THAT what a federal Judge just ruled???? Yes. (Read it here)
This is bullshit.
Some have said that while the Constitution provides a requirement for a President to be a natural born citizen, it offers no enforcement mechanism for the issue. That is incorrect. There are two separate and distinct sections of the Constitution that designate who gets to enforce it.
Pursuant to the Tenth Amendment to the Constitution for the United States of American,
"The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people."
As such, the enforcement of Article II, Section 2, Clause 5 falls to either the States or to the people.
The states have failed or refused to enforce the issue so now what? The Ninth Amendment!
The 9th Amendment states:
"The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people."
Hence, WE THE PEOPLE have the legal right to enforce Article II, Section 2, Clause 5. Now, it is time for us to do so.
By this communication, I hereby request the Unorganized Militia in each of the 50 states prepare to be called into service.
If all peaceful means to redress this issue become exhausted - and it appears that will happen soon - we may need the militias to settle the issue.
---------------- Partial list of legal cases brought regarding the Obama eligibility issue:
- New Jersey attorney Mario Apuzzo has filed a case on behalf of Charles Kerchner and others alleging Congress didn't properly ascertain that Obama is qualified to hold the office of president.
- Pennsylvania Democrat Philip Berg has three cases pending, including Berg vs. Obama in the 3rd U.S. Circuit Court of Appeals, a separate Berg vs. Obama which is under seal at the U.S. District Court level and Hollister vs. Soetoro a/k/a Obama, (now dismissed) brought on behalf of a retired military member who could be facing recall to active duty by Obama.
- Leo Donofrio of New Jersey filed a lawsuit claiming Obama's dual citizenship disqualified him from serving as president. His case was considered in conference by the U.S. Supreme Court but denied a full hearing.
- Cort Wrotnowski filed suit against Connecticut's secretary of state, making a similar argument to Donofrio. His case was considered in conference by the U.S. Supreme Court, but was denied a full hearing.
- Former presidential candidate Alan Keyes headlines a list of people filing a suit in California, in a case handled by the United States Justice Foundation, that asks the secretary of state to refuse to allow the state's 55 Electoral College votes to be cast in the 2008 presidential election until Obama verifies his eligibility to hold the office. The case is pending, and lawyers are seeking the public's support.
- Chicago attorney Andy Martin sought legal action requiring Hawaii Gov. Linda Lingle to release Obama's vital statistics record. The case was dismissed by Hawaii Circuit Court Judge Bert Ayabe.
- Lt. Col. Donald Sullivan sought a temporary restraining order to stop the Electoral College vote in North Carolina until Barack Obama's eligibility could be confirmed, alleging doubt about Obama's citizenship. His case was denied.
- In Ohio, David M. Neal sued to force the secretary of state to request documents from the Federal Elections Commission, the Democratic National Committee, the Ohio Democratic Party and Obama to show the presidential candidate was born in Hawaii. The case was denied.
- Also in Ohio, there was the Greenberg v. Brunner case which ended when the judge threatened to assess all case costs against the plaintiff.
- In Washington state, Steven Marquis sued the secretary of state seeking a determination on Obama's citizenship. The case was denied.
- In Georgia, Rev. Tom Terry asked the state Supreme Court to authenticate Obama's birth certificate. His request for an injunction against Georgia's secretary of state was denied by Georgia Superior Court Judge Jerry W. Baxter.
- California attorney Orly Taitz has brought a case, Lightfoot vs. Bowen, on behalf of Gail Lightfoot, the vice presidential candidate on the ballot with Ron Paul, four electors and two registered voters.
In addition, other cases cited on the RightSideofLife blog as raising questions about Obama's eligibility include:
- In Texas, Darrel Hunter vs. Obama later was dismissed.
- In Ohio, Gordon Stamper vs. U.S. later was dismissed.
- In Texas, Brockhausen vs. Andrade.
- In Washington, L. Charles Cohen vs. Obama.
- In Hawaii, Keyes vs. Lingle, dismissed.