Thursday, 26 January 2012

If you can't beat Obama subpoena him

Yeah the weirdest story of the week in the Presidential race comes from Georgia, home state of Newt Gingrich.. It is there that Californian attorney and "birther" Orly Taitz has managed to get one justice to actually look at her one of her various lawsuits trying to ban Obama from the State Primary on 9th March. Others have failed.

The court hearing is scheduled for today and Georgia Deputy Chief Justice Michael Malihi has subpoenaed the President to appear before him today n the grounds that his filings to Georgia's secretary of state fail to show why his attendance would be "unreasonable or oppressive," or why his testimony would be "irrelevant, immaterial or cumulative."

I'm sure one of the documents that were passed on to Georgia was the following, issued by the State of Hawaii on 8 August 1961.

Of course the guy who he beat in 2008 was John McCain, born 29th August 1936 at Coco Solo Naval Air Station in the Panama Canal Zone.

One wonders what would have happened had his non-American parent not been black and African.

The presumptive Democratic nominee for President is actively campaigning today, but no in the State of Georgia.

Looking at the text of the 14th Amendment it is clear that he qualifies, through section one from the place of his birth. His mother being a natural born American from the State of Kansas he was not the child of an illegal immigrant. His mother and her parents are American. He was raised by them.

14th Amendment to the US Constitution (adopted 9 July 1868)
Section 1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.Section 2. Representatives shall be apportioned among the several States according to their respective numbers, counting the whole number of persons in each State, excluding Indians not taxed. But when the right to vote at any election for the choice of electors for President and Vice President of the United States, Representatives in Congress, the Executive and Judicial officers of a State, or the members of the Legislature thereof, is denied to any of the male inhabitants of such State, being twenty-one years of age, and citizens of the United States, or in any way abridged, except for participation in rebellion, or other crime, the basis of representation therein shall be reduced in the proportion which the number of such male citizens shall bear to the whole number of male citizens twenty-one years of age in such State.
Section 3. No person shall be a Senator or Representative in Congress, or elector of President and Vice President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may, by a vote of two-thirds of each House, remove such disability.
Section 4. The validity of the public debt of the United States, authorized by law, including debts incurred for payment of pensions and bounties for services in suppressing insurrection or rebellion, shall not be questioned. But neither the United States nor any State shall assume or pay any debt or obligation incurred in aid of insurrection or rebellion against the United States, or any claim for the loss or emancipation of any slave; but all such debts, obligations and claims shall be held illegal and void.
Section 5. The Congress shall have power to enforce, by appropriate legislation, the provisions of this article.
Even if both his parents had not been native born American's the fact that he was would make Barack Obama a Natual Born Citizen. This was tested in the Supreme Court in 1898 by by Wong Kim Ark who was born in San Francisco to Chinese parents. This ruled that Wong was a natural born citizen of the USA.

The birthers really do not have a legal leg to stand on in this case are are merely showing prejudice as well as being sore losers. But of course not being native born, McCain did qualify to run for President even though he wasn't born in the US because his parents were American. Strangely the birthers never challenged McCain's eligibility to run or serve as President.

Update: Reading the reports of what happened in court today it appears that the main thrust of the plaintiff's cliams are that because Obama's father is saying because he was not an American citizen, neither is the President. If that is the main thrust it is unconstitutional and should not be admissible in court, see the above.

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