Today on the Post It’s 2012 the following was posted as a comment by ljcarolyne:
One question a little off subject but very important to all here on Maggie’s Notebook:
Georgia citizens today delivered sworn testimony to a court that Barack Obama is slam-dunk disqualified from having his name on the 2012 presidential ballot in the state, because his father never was a U.S. Citizen, which prevents him from qualifying as a “natural-born citizen” as the U.S. Constitution requires for a president.
Can anyone answer the question of whether Obama is eligible to appeal? Or did he loose that right once he failed to appear and the court defaulted the court case? I would guess it depends on the laws in Georiga, and or if Obama a can request a contested hearing to determine if he committed an infraction. How could he say he did not show up because of his duty as president? With something like a national security issue, when he was on the tarmac in Las Vegas for his re-election campaign, when he was supposed to be in court!
An excellent question. First we must define what is a citizen and what is the difference between Naturalized, Native and Natural Born Citizen.
Naturalized Citizen: A person who immigrated to the United States legally, remained here working, living, paying taxes etc… for 5 years, didn’t commit a crime, took a citizenship test and passed, took an English proficiency test (and passed), and was sworn in as a citizen.
This is John Doel of Our Big Fat Short Underbelly being sworn in:
John was originally from New Zealand and is now a very proud citizen of the United States preparing to vote for the first time in an American election. John is a Naturalized Citizen.
Native Born Citizen: Is a person who was born in the United States but one or both of his or her parents were not citizens at the time of his or her birth. My grandparents were NOT citizens when my father was born (New York City, NY 1910) he was considered by the US government as a Native Born Citizen. He was considered a citizen but his parents weren’t citizens at the time of his birth. When my Aunt Marie was born, my grandparents were citizens and she was considered a
Natural Born Citizen: A person who was born in the United States and both of his or her parents are citizens. I am a Natural Born Citizen since both of my parents were citizens when I was born. Further, if a child is born to 2 American citizens (who had lived in the US for at least 14 years beforehand) and is born outside the US, he or she is considered a Natural Born Citizen.
Now for President Obama’s problem:
The Constitution is very explicit on this:
Article II – The Executive Branch Note
Section 1 – The President
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.
A Natural Born Citizen is written, Barack Obama is a Native born citizen. Legally he can argue that idea but he has lost all credibility with the Georgia court. He was issued a subpoena from a valid of US court, higher courts ruled that he cannot ignore the subpoena, and he did not show. He had no valid reason not to show, if he had been ill, death in the family, etc…he could have been excused. But by ignoring the subpoena he has in effect committed contempt of court. The judge in this case can issue a Bench Warrant for his arrest, and/or ignore all arguments from his attorneys, or both. I have no idea if a Bench Warrant has been issue, and I don’t believe he has legal representation in the court. Thus the Plaintiffs will win by default and the Judge will order the name of Barack Hussein Obama and Joseph Robinette Biden, Jr. off the ballot in the State of Georgia. If this happens, other states will follow suit.
If that happens you can bet that President Obama will have his attorneys file suit in Federal Court and appeal the decision. It will be interesting to watch this unfold. Especially if many other states follow suit.
The ramifications can be far-flung. Everything from treaties he has signed, laws he has signed, appointees to the courts, etc… could be removed from the records due to Obama being declared an invalid President.
Joe Biden would become the 45th President of the United State:
Article 2 – The Executive Branch
Section 1 – The President
In Case of the Removal of the President from Office, or of his Death, Resignation, or Inability to discharge the Powers and Duties of the said Office, the same shall devolve on the Vice President, and the Congress may by Law provide for the Case of Removal, Death, Resignation or Inability, both of the President and Vice President, declaring what Officer shall then act as President, and such Officer shall act accordingly, until the Disability be removed, or a President shall be elected.
Why didn’t he show up in court instead of shaking hands on the Tarmac in Las Vegas? You are talking about the most narcissistic President we have ever had. A man who believes the laws of the land do not apply to him. I do hope that judge issued a Bench Warrant for him. I’d love to see his face when they lead him away in handcuffs.