SITREP Obama Citizenship Dec 5 ‘08 – US Supreme Court Considers the Case [UPDATE]

By DemocracyRules

From the wires:

Washington, Dec.5 : The United States Supreme Court met today to decide whether or not they will hear the case about Obama’s eligibility to be President.

Recently, Justice Clarence Thomas picked up the petition to hear New Jersey attorney Leo Donofrio's lawsuit after Justice David H. Souter denied it.  Justice Thomas referred it to the full Supreme Court, which decided to distribute the case for a judges' conference, set for today. 

Most submissions to the Supreme Court don’t even make it this far.  But it will stop here unless four of the court's nine judges accept the case to be heard.  They probably decided about it today, but their decision is not expected to be released until Monday at the earliest.

Donofrio’s main argument is that if the Framers just wanted the President to be born to US soil, they would have said so.  The Constitution would say, “the President shall be native born.” 

But the Framers wanted the President to have no divided allegiance.  We know that because they exchanged letters about it.  And the English common law of the time defined “natural born subject” as a person who was born to the soil, with no divided allegiance.   So when Article II, Section 1, says the President must be a “natural born citizen”, the meaning seems pretty clear.

Furthermore, Donofrio shows that the wording of that section makes no sense unless “natural born citizen” means a person who is born to the soil, with no divided allegiance.

Therefore, since Obama’s father was a British subject from Kenya, Obama was a dual citizen from birth, and his allegiance is divided from birth.  So according to Donofrio, Obama is ineligible to be President.

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What next?

Article III of the U.S. Constitution specifies in Section I that “the judicial power of the United States, shall be vested in one supreme court”, and provides in Section II that "the judicial power shall extend to all cases, in law and equity arising under this constitution, the laws of the United States, and treaties made, or which shall be made under their authority…”

Thus, it seems that the Supreme Court does have the power to make a judgment regarding Obama’s eligibility.  If they want to.  If they don’t want to, then I guess we go to this:

10th Amendment: "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."

By now, the eligibility of Obama is clearly being considered by the people. This is not a rumor, a whisper campaign, or the dark innuendo of a tiny minority.  More than 1,000,000 letters have been sent on this matter.  Online MSM stories about the topic record thousands of comments, with many commenters showing more knowledge about the topic than the reporters.  These  numbers seem to be growing.

That is, the American people have already begun to decide for themselves whether or not Obama is eligible to be their President.

-- Pro Patria

Comments

[Tina]

I say let the Supreme Court rule and drop it. If they aren't qualified to hold the Country to the letter of the law regarding the Constitution, etc. who is? No, I don't think rules should be bent, let them do their job.

[Claudia]

I would simply say we have to follow this:
The condition of the founding fathers’ spirit and intention for America was eloquently stated by Samuel Adams:

"The liberties of our country, the freedom of our civil Constitution, are worth defending at all hazards; and it is our duty to defend them against all attacks. We have received them as a fair inheritance from our worthy ancestors: they purchased them for us with toil and danger and expense of treasure and blood, and transmitted them to us with care and diligence. It will bring an everlasting mark of infamy on the present generation, enlightened as it is, if we should suffer them to be wrested from us by violence without a struggle, or to be cheated out of them by the artifices of false and designing men."
Written and stated by Samuel Adams