A Second Letter to America
From Joe Six-Pack
UPDATE January 8th, 2008: Congress approved the electoral votes without a challenge. A third case, Orly Taitz, will be reviewed January 23rd at the supreme court.
To My Fellow Americans:
I wrote to you last October, trying to warn about the collapsed financial system, and trying to move you away from voting for John McCain or Barack Obama. I argued that neither candidate seemed aware of the financial collapse until roughly October 2008. Read my original letter for the full argument.
The situation has now changed. Barack Obama has been elected to the presidency by the popular vote, he did garner the required electoral votes, the electors voted, and we now await the congress to certify the vote. If congress does certify the electoral vote on January 8th, then Barack Obama will likely be our next president.
Unfortunately it is not that simple. A number of cases, some even reaching the Supreme Court have alleged that Barack Obama is not constitutionally eligible to hold the position of president. The contentions are that he does not meet the constitutional requirements for presidential elgibility due to his not being a "natural born citizen". Joe Six-Pack believes that there is enough question around the issue that the Supreme Court should review it. If the Supreme Court is able to show the arguments against his eligiblity are false, then so be it. So far the Supreme court has refued to hear the Donofrio case, and the Wrotnowski case. The Supreme Court gave no indication as to the merits, or lack thereof for the cases, but rather they chose not to hear it (without comment). Interestingly, the Supreme Court will review the Berg case on January 9th (one day after congressional certification), and January 16th. A brief review of some of the contentions (combined from all the cases):
1. It is alleged that since Barack Obama was born a dual citizen of the United States and the UK, he does not meet the extraordinary citizenship requirement of the the constitution to be classified as a "natural born citizen". Obama admits to his dual citizenship status.
Joe-Six-Pack comments: The plain meaning of the words "natural born citizen" are simply interpreted as a citizen who was born within the United States. The complication appears to be that nowhere does any explicit law define "natural born citizen". To the fathers of our country who wrote the constitution, the meaning likely came from Comon Law and/or The Law of Nations. These would indicate that a "natural born citizen" is a citizen born in the US to parents (and possibly at least a father) who are also citizens. I suspect the Supreme Court could use the 19th amendment (and other laws granting full rights to women) to interpret the Father being a citizen, to also pertain to the mother, based on legal status changes of women in the 20th century. On the other hand, the dual citizenship issue does not go away. It is contended that the fathers of the constitution intended that those born dual citizens not be allowed to be president.
2. It is alleged that Barack Obama was adopted by Lolo Soetoro in Indonesia (it is not clear how direct the proof is), that Barack's mother effectively surrendered her son's US citizenship. Barack Obama, it is contended, was a citizen of Indonesia. It is pointed out that Indonesian law in effect when Obama attended public school there did not permit non-citizens to attend public schools. There is also a contention that Barack Obama may have travelled to Pakistan on a foreign passport (likely Indonesian or UK); though no direct proof of this exists.
Joe-Six-Pack comments: This appears to be the most powerful issue. If Obama had given up his US citizenship (even as a minor, or against his later desire), He may been a natural born citizen, but now would have to be considered a naturalized citizen.
3. Some of the cases (i.e., Berg) contend that Obama was born in Kenya.
Joe-Six-Pack comments: This seems the least likely possibilty, but by not presenting his original Certification of Live Birth showing the hospital of birth, the doctor's name, withnesses, etc., the question remains open.
Initially, Joe Six-Pack thought, hey, this is just stubborn people and meanness. But upon further investigation, it is clear that there are valid questions. Also, the meanness question is partially reversed by the fact that some of those bringing the case are themselves Democrats, and the fact that the cases name not only Obama, but also John McCain (born in Panama). Also the Socialist Workers Party candidate Roger Calero (born in Nicaragua and a naturalized citizen) was named. It is also interesting that Calero was removed from the ballot in some states, but not others (I believe 5/10 where he qualified removed him). This indicates that a few Secretary's of State acted with due diligence in the case of Calero, but others did not. All in all, this is not an exercise in meanness, but rather a protection fo the constitution.
Joe Six-Pack urges you to contact your congressman and senators and ask them to raise the question on January 8th. Joe Six-pack would hope that at least Ron Paul will raise the question, but it is not clear at this point that he will. If he does not, Joe Six-Pack will probably not support him in the future.
Here is a link to the Donofrio case brief. Here is his supplemental brief. Here is the Wrotnowski brief. Note that Philip Berg is appearing before the Supreme Court on January 9th and 16th. Alan Keyes has a case before the California Supreme Court.
January 5, 2008
Amended January 6th- added links to case briefs.