What to Tell the Birthers Bashers by Mario Apuzzo

Note: This essay appeared yesterday (July 31, 2009) on Attorney Mario Apuzzo’s blog. Apuzzo represents Charles Kerchner and others in a suit filed Jan 20, 2009 against Barack Obama and the Congress; see Kerchner et al v Obama & Congress et al

You are poorly informed on the constitutional issue involved with Obama’s eligibility to be President. The primary issue is whether Obama is an Article II “natural born Citizen,” not whether he was born in the U.S. When drafting the eligibility requirements for the President, the Founding Fathers distinguished between “Citizen” and “natural born Citizen” in Article II, sec. 1, cl. 5 and in Articles I, III, and IV of the Constitution. Per the Founders, while Senators and Representatives can be just “citizens,” after 1789 the President must be a “natural born Citizen.” The Founders wanted to assure that the Office of President and Commander in Chief of the Military, a non-collegial and unique and powerful civil and military position, was free of all foreign influence and that its holder have sole and absolute allegiance, loyalty, and attachment to the U.S. The “natural born Citizen” clause was the best way for them to assure this….(read the rest)

Answering the Birther Bashers

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6 Responses to “What to Tell the Birthers Bashers by Mario Apuzzo”

  1. Peter G Says:

    So in other words, the lawyer bringing this lawsuit is NOT claiming that Obama is not a U.S. citizen but rather is not a “natural born citizen.” What definition does Attorney Appuzzo use for this peculiar term? Why, how interesting…it’s a definition taken from a book on the law of nations written by an Austrian diplomat who died more than two decades before the U.S. Constitution was written. Why doesn’t he acknowledge this fact in this article? Perhaps because it would expose the ridiculous nature of his enterprise, trying to convince us that the question of who is qualified to be president of the U.S. Constitution depends not upon the Constitution itself but upon “common law.” I put this in the same category as the characters who try to convince you that because of “common law” you don’t have to pay taxes to the federal government.

  2. jo chgo Says:

    Peter G:
    Have you ever read the Constitution?

    Apparently you never studied it, or you would be familiar with this passage:

    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.

    Do you know the requirements for being POTUS?

    They are: age 35, residence 14 years in US and a “natural born citizen” so that there would be no allegiance to any other nation. Instead, Obama had citizenship in Britain, Kenya, and Indonesia.

    He never was qualified to be POTUS!

  3. Peter G Says:

    LOL dissent among the wingnuts. You all foam at the mouth because a black man is president but you can’t decide on which legal-sounding excuse to base your bigotry.

  4. steadyjohn Says:

    Peter G: It’s you statists “foaming at the mouth”, scared shiteless that your man may be brought down; not for being black, rather for being a total fraud. Besides, he’s only “halfblack”.

    Here’s the greeting the Obots will be sending on August 4th:

  5. world Says:

    OBAMA/BARRY SOETORO is INELIGIBLE because he was a British Citizen at birth. This is already an established FACT. Obama held Kenyan Citizenship from birth to the age of 21. Obama was ineligible to run for President the second he was born, regardless of where he was born because his father was British. The framers of Constitution of the United States did NOT want somebody with dual citizenship to be President, unless they were alive during the signing of the Constitution. This is clear constitutional interpretation. Obama was NOT alive then.
    -Article II, Section 1 of the U.S. Constitution reads: “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.-
    _________
    Obama is not constitutionally the “Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States, when called into the actual Service of the United States” (see Article II, Section 2, Clause 1). He is entitled to no obedience whatsoever from anyone in those forces. Indeed, for officers or men to follow any of his purported “orders” will constitute a serious breach of military discipline-and in extreme circumstances perhaps even “war crimes.” In addition, no one in any civilian agency in the Executive Branch of the General Government will be required to put into effect any of Obama’s purported “proclamations,” “executive orders,” or “directives.”
    -according to constitutional scholar Dr. Edwin Vieira: “if Obama dares to take the Presidential Oath or Affirmation of office, knowing that he is not a natural born Citizen, he will commit the crime of perjury or false swearing (see Article II, Section 1, Clause 7). For, being ineligible for the Office of President, he cannot faithfully execute the Office of President of the United States, or even execute it at all, to any degree.. taking the Oath or Affirmation? will be a violation thereof!”
    http://www.newswithviews.com/Vieira/edwinA.htm http://www.newswithviews.com/Vieira/edwin84.htm

    WE THE PEOPLE OF THE UNITED STATES DEMAND TO REMOVE Barack Hussein Obama/Barry Soetoro

    ______I DID NOT VOTE FOR OBAMA, BECAUSE I KNOW HE IS NOT A “Natural born citizenship”_______

    BARRY SOETORO is the name on Obama’s birth certificate. This appears to be the reason Obama has refused to release his birth certificate (the way John McCain already has done).GOP operatives in Hawaii have Obama’s actual birth certificate, and Barry Soetoro is who he really is.Obama was adopted by his stepfather, taking Soetoro’s last name, and Barry as his first name. A new birth certificate in Hawaii was issued at the time of the adoption — and this jives with what Indonesia’s school system has already said about Obama: that he attended both a Catholic and a muslim school as “Barry Soetoro”, not as Barack Obama. It seems at age 20 “Obama” also had an Indonesian passport, which he used to travel to Pakistan with a longtime close personal male friend.
    BHO was born at The Coast Provincial General Hospital in Mombasa, Kenya, located in Coast Province, at 7:24 p.m. on August 4th, 1961.
    After Obama was born his mum flew to HAWAII to register Obama’s birth in Hawaii.
    THERE IS NO HOSPITAL HISTORY IN HAWAII TELLING OBAMA WAS BORN THERE!!

  6. world Says:

    http://www.eboards4all.com/575231/

    OBAMA/BARRY SOETORO is INELIGIBLE because he was a British Citizen at birth. This is already an established FACT. Obama held Kenyan Citizenship from birth to the age of 21. Obama was ineligible to run for President the second he was born, regardless of where he was born because his father was British. The framers of Constitution of the United States did NOT want somebody with dual citizenship to be President, unless they were alive during the signing of the Constitution. This is clear constitutional interpretation. Obama was NOT alive then.
    -Article II, Section 1 of the U.S. Constitution reads: “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.-
    _________
    Obama is not constitutionally the “Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States, when called into the actual Service of the United States” (see Article II, Section 2, Clause 1). He is entitled to no obedience whatsoever from anyone in those forces. Indeed, for officers or men to follow any of his purported “orders” will constitute a serious breach of military discipline-and in extreme circumstances perhaps even “war crimes.” In addition, no one in any civilian agency in the Executive Branch of the General Government will be required to put into effect any of Obama’s purported “proclamations,” “executive orders,” or “directives.”
    -according to constitutional scholar Dr. Edwin Vieira: “if Obama dares to take the Presidential Oath or Affirmation of office, knowing that he is not a natural born Citizen, he will commit the crime of perjury or false swearing (see Article II, Section 1, Clause 7). For, being ineligible for the Office of President, he cannot faithfully execute the Office of President of the United States, or even execute it at all, to any degree.. taking the Oath or Affirmation? will be a violation thereof!”
    http://www.newswithviews.com/Vieira/edwinA.htm http://www.newswithviews.com/Vieira/edwin84.htm

    WE THE PEOPLE OF THE UNITED STATES DEMAND TO REMOVE Barack Hussein Obama/Barry Soetoro

    ______I DID NOT VOTE FOR OBAMA, BECAUSE I KNOW HE IS NOT A “Natural born citizenship”_______

    BARRY SOETORO is the name on Obama’s birth certificate. This appears to be the reason Obama has refused to release his birth certificate (the way John McCain already has done).GOP operatives in Hawaii have Obama’s actual birth certificate, and Barry Soetoro is who he really is.Obama was adopted by his stepfather, taking Soetoro’s last name, and Barry as his first name. A new birth certificate in Hawaii was issued at the time of the adoption — and this jives with what Indonesia’s school system has already said about Obama: that he attended both a Catholic and a muslim school as “Barry Soetoro”, not as Barack Obama. It seems at age 20 “Obama” also had an Indonesian passport, which he used to travel to Pakistan with a longtime close personal male friend.
    BHO was born at The Coast Provincial General Hospital in Mombasa, Kenya, located in Coast Province, at 7:24 p.m. on August 4th, 1961.
    After Obama was born his mum flew to HAWAII to register Obama’s birth in Hawaii.
    THERE IS NO HOSPITAL HISTORY IN HAWAII TELLING OBAMA WAS BORN THERE!!

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