Obama's Ineligibility Is Still The Elephant In The Room

There is an elephant in the room, and it is not the Republican Party. It is the failure of numerous U.S. citizens in positions of authority to properly vet the qualifications of Barack Hussein Obama and to share that knowledge with all U.S. citizens.

Since those in positions of authority have failed to do their duty, it is left to ordinary citizens to fill the void. Here is what this citizen has deduced from the available facts in making her own attempt to vet Barack Obama. First, I present my conclusion: In January 2008 Barack Hussein Obama II took an oath of office to uphold and defend the Constitution of the United States. For nearly four years he has been the principle violator of its provisions.

How so?

He is the only person on earth who currently has to fulfill the Constitutional requirement stated in Article II, Section 1:

"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."

This statement gives a very short list of the qualifications needed to hold the most powerful elected position in our nation, yet Barack Obama is unable to fulfill the first requirement: He is not a natural born citizen of the United States. Obama declares that his father was from Kenya, thus making him a dual British-U.S. citizen at birth. For over four years, Barack Obama has perpetrated a lie that he is legally eligible to campaign for, be elected to, and hold the office of President of the United States.

Why is Barack Obama ineligible to be President, and how did he still manage to be elected in 2008 and re-elected in 2012? The following summary of facts compiled by Paul Hollrah, a two-time member of the U.S. Electoral College, explains the matter. In his treatise "The Obama Eligibility Question," Hollrah informs us that "the 'natural born' question rests principally on the necessity of both parents being U.S. citizens." His conclusion is based on numerous statements related to the drafting of the Constitution's citizenship requirement in Article II, Section 1 and its subsequent interpretation throughout U.S. history, including as recently as the McCain-Obama election.

First, "the Founders relied heavily on the work of Swiss philosopher Emerich de Vattel" who "in his 1758 legal treatise, The Law of Nations... defines the term 'natural born Citizen' as follows: '...The natives, or natural-born citizens are born in the country, of parents who are citizens...The country of the fathers is therefore that of the children...' (emphasis added)."

Second, "In 1866, John A. Bingham, chief framer of the 14th Amendment, which granted citizenship to the freed slaves, wrote as follows: 'Every human being born within the United States of parents not owing allegiance to any foreign sovereignty (emphasis added) is, in the language of the Constitution itself, a natural born citizen.'"

Third, in the only defining precedent established by the U.S. Supreme Court (Minor v. Happersett, 88 U.S. 162 (1875) the Court concludes, “'At common-law, with the nomenclature of which the framers of the Constitution were familiar, it was never doubted that all children born in a country of parents who were its citizens became themselves, upon their birth, citizens also. These were natives, or natural-born citizens, as distinguished from aliens or foreigners.'”

Fourth, in 2008, former U.S. Solicitor General Theodore Olson (a conservative Republican) and Harvard Law professor Laurence H. Tribe (a liberal Democrat) were tasked with researching whether Senator John McCain (who was born in the Panama Canal Zone,) is a natural born citizen. "In a March 19, 2008 memorandum, Olson and Tribe concluded that, 'Based on original meaning of the Constitution, the Framers’ intentions, and subsequent legal and historical precedent, Sen. McCain’s birth, to parents who were U.S. citizens serving on a U.S. military base in the Panama Canal Zone in 1936, makes him a ‘natural born Citizen’ within the meaning of the Constitution.'"

Fifth, "...in an April 10, 2008 statement, Sen. Patrick Leahy (D-VT) chairman of the Senate Judiciary Committee, said, 'Based on the understanding of the pertinent sources of constitutional meaning, it is widely believed that if someone is born to American citizens anywhere in the world they are natural born citizens. Because he was born to American citizens, there is no doubt in my mind that Senator McCain is a natural born citizen (emphasis added)."

And finally, in April 20, 2008 a Senate resolution approved by a vote of 99-0 (Senator John McCain abstaining) declared: “'Whereas John Sidney McCain, III, was born to American citizens on an American military base in the Panama Canal Zone in 1936: Now, therefore, be it Resolved, That John Sidney McCain, III, is a ‘natural born citizen’ under Article II, Section 1, of the Constitution of the United States.' Senator Barack Obama (D-IL) voted in favor of the resolution."

Now that we know the meaning of "natural born citizen," let's get back to the question of Barack Obama's citizenship at birth. Assuming, from his own declaration and the long form birth certificate posted on the White House web site, that Barack Hussein Obama II was born to Barack Hussein Obama of Kenya, East Africa and Stanley Ann Dunham of Wichita, Kansas, Paul Hollrah's analysis clearly demonstrates that President Obama was a dual citizen at birth. Only one of his parents (his mother) was a U.S. citizen; his father was from Kenya (a British colony at the time) and a subject of Great Britain. The British Nationality Act of 1948, Part 2, Section 5(1) reads,

"Subject to the provisions of this section, a person born after the commencement of this Act shall be a citizen of the United Kingdom and Colonies by descent if his father is a citizen of the United Kingdom and Colonies at the time of the birth..."

Because Barack Hussein Obama was a citizen of Kenya, Barack Hussein Obama II was thereby born "a citizen of the United Kingdom and Colonies by descent" and was thus a dual citizen (British-U.S.) at birth. He is therefore not a "natural born citizen," because his parents (plural) were not both U.S. citizens.

The series of events in 2008 clearly indicate the Democratic Party was concerned with vetting the qualifications of John McCain. Why were they not equally diligent in researching the eligibility of Barack Obama? That question still remains to be answered. Hollrah's treatise points out that only one of the Democratic National Committee's 2008 certifications to the election boards of the various states (Hawaii's) affirmed that Barack Hussein Obama II met the constitutional requirements for the Office of President of the United States; the other forty-nine certifications read only that "...the following were duly nominated as candidates of said Party for President and Vice President of the United States..." (emphasis added). Let me repeat that: In 2008 the National Convention of the Democratic Party did not uniformly certify the legal eligibility of Barack Obama as a candidate for President! Yet his name appeared on the ballots of fifty states and the District of Columbia.

The Democratic Party thus failed to vet Obama as a candidate for office.

The Electoral College then failed to vet his qualifications as President-elect. Hollrah writes, "Between November 4, 2008, the date of the General Election, and December 15, 2008, the date on which the Electoral College met to cast their votes, most Democratic electors were made aware of serious questions relating to Obama’s eligibility. However, none of the Democratic electors raised a serious question about Obama’s eligibility prior to casting their electoral ballots… a violation of their oath of office and a complete and total subversion of the very purpose of the Electoral College." Federalist Papers #68, written by Alexander Hamilton in 1788, explains the role of the Electoral College in choosing a President. Hamilton explains that the Electoral College consists of representatives chosen by popular vote of the people who are entrusted to "vote for some fit person as President." Hamilton states that "the immediate election should be made by men most capable of analyzing the qualities adapted to the station" and this "small number of persons, selected by their fellow-citizens from the general mass, will be most likely to possess the information and discernment requisite to such complicated investigations." In other words, the Electoral College both vets (investigates the qualifications of) and chooses the President. The 2008 Electoral College failed in its responsibility to vet the Constitutional eligibility of Barack Obama.

There is one final opportunity for a President to be vetted before taking office. Hollrah informs us, "The third and final vetting opportunity occurs in early January following each election when the Congress meets in joint session to certify the votes of the Electoral College. As the final failsafe step in the electoral process, the members of Congress have the duty to insure themselves of the qualifications of the candidates selected by the Electoral College." The Congress failed to fulfill this duty when they voted to certify the 2008 Electoral College votes for Barack Obama.

Will the history of the 2008 election repeat itself?

Will the Democratic National Committee knowingly certify a candidate for office who is ineligible? (Hint: They already did.)

Will the Democratic Party electors of the Electoral College, scheduled to meet on December 17, 2012, cast their votes for Barack Hussein Obama II even though he is ineligible? Their response remains to be seen, but, according to Hollrah, their first duty is to uphold the Constitution.

Will the members of Congress certify the votes of the Electoral College, or will they fulfill their oath of office to "support and defend the Constitution of the United States against all enemies, foreign and domestic" and reject any Electoral College votes for Barack Obama?
I challenge the electors and Congressional representatives of each state to personally vet Barack Obama for eligibility under the Constitution, as I have done, and to cast their votes according to their findings. For the sake of all U.S. citizens, the vetting process should also be done publicly prior to the Electoral College meeting and joint session of Congress. Experts should be called to give testimony to prove or disprove Obama's eligibility for office so that the electors, Congress, and all citizens of the United States can make an informed decision about Barack Obama's Constitutional eligibility to take the oath of office in January 2013.

Three simple qualifications: natural born citizen, 35 years old, 14 years a resident of the United States. Does Barack Hussein Obama II meet all of them? The future of our constitutional republic depends on the answer to that question and how our representatives respond to the careful examination of all facts.

The challenge is on to remove the elephant from the room.

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About Evalyn Bennett
Evalyn Bennett is a Christian tea party patriot and secretary of the Lemhi County Tea Party in east-central Idaho. She earned a B.A. from Dartmouth College in 1983 and a M.S. Ed.in Counseling Psychology from the University of Kentucky in 1986. She has worked as a college career counselor and technical writer-editor, and home schooled her three children (two are now young adults). Evalyn resides with her husband and their teenage son on a small horse farm. She serves her rural community through volunteer work at church (playing the flute and teaching Bible studies), 4-H, and a therapeutic riding program.