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Take the "Birther Bill" High Road

Following the lead of other states, Georgia aims to require presidential candidates to prove citizenship

 

There have been lawsuits, websites, blogs, news feeds, and countless tabloid articles all devoted to whether President Barak Obama is a “real” American. 

The baseless questions surrounding Obama’s citizenship have fueled conspiracy theories and dovetailed into cries that he practiced Islam.

Apparently, Obama’s substantive qualifications matter not. Constitutional qualifications – natural citizenship among them – make for better TV.  After all, the man is from that suspect state out in the middle of the Pacific.  So the debate that shadowed Obama through the 2008 campaign continues on and likely will roll into the 2012 election cycle.

In the United States, the presidency is a virtue of birthright; namely, you have to be born here or you cannot be president. A birth certificate (which the Obama camp released during the campaign) should end the controversy. But disappointment lives in houses built of “should.”

State legislatures around the country have introduced so-called “Birther Bills” that require presidential candidates to provide documentation that they are natural-born citizens. 

Absent proof, the candidate cannot appear on the ballot in that state.  This ballot restriction clearly embraces the conspiracy theory that Obama was born in foreign lands – Kenya, Indonesia, or [fill in the blank with a random nation here].

Georgia is the latest state to add a Birther Bill to its legislative session. Backed by 94 Georgia lawmakers, the bill requires candidates seeking national office (president and vice president) to prove their citizenship before passing “go” on the Georgia ballot.

Under House Bill 401, the Secretary of State must receive “adequate evidence of such person’s eligibility for election” in order to be ballot-eligible.

In most circumstances, the requirements imposed by such a law – if it becomes that – are an afterthought. Presumably, most individuals seeking the upper echelons of national office (a) know the constitutional qualifications; and (b) have valid evidence of their citizenship. Moreover, a constitutional challenge to a Birther law may yield little more than a judicial bench slap, if that. A court could also determine that the law is merely a reasonable burden for a candidate to bear.

But the necessity of a Birther Bill is another matter. In a political era crippled by partisanship, anxiety, and fear mongering, this action fuels the fires of public discontent with our government.  

These bills are not aimed at bringing transparency and credibility to our elections. 

These are aimed at one person – Barak Obama – something that state legislators (at least in Oklahoma and Texas) shamelessly acknowledge.

Others tout the bill as a guard against illegal immigration. Really?!

I’m just not sure that I buy the line that a Birther Bill will protect us from the migrant farm worker who puts food on our tables every week but has secret intentions of taking the presidency by fraud.   

So, I challenge our legislature to take the high road and not sink to the level of blog-inspired law. Save the conspiracy theories for bedtime stories. Or, let’s propose a bill to redesign paper money because the Freemasons embedded secret messages in it.

About this column: This column is about local issues of national importance and runs occassionally. Jessica Gabel is a law professor with Georgia State University and lives in the City of Decatur. Related Topics: Barack Obama, Jessica Gabel, Obama, and President Barack Obama
What do you think about Georgia's proposed "Birther" bill? Tell us in the comments.

DancingRabbit

5:20 pm on Saturday, March 5, 2011

What everyone fails to understand peregrine Obama does not qualify to be a citizen even if he was born in Hawaii.

He does not meet the subject to jurisdiction standards in the 14th Amendment. Nor does the peregrine President meet the citizenship standards found in the Supreme Court case Wong Kim Ark.

Peregrine Obama had an alien father who had no intention to remain in the United States and become a citizen. He was a transient alien student.

The Supreme Court told us in 1973 a President must not only be a citizen he must be a natural born Citizen.

The Supreme Court has told us a natural born citizen is born to citizen parents. The Court has never told us a NBC is born to an alien and a citizen.

Peregrine Obama as a President violates the Law of Nations, chapter 19, section 212: a natural born citizen is born to citizen parents. A country should desire this. A country cannot perpetuate itself unless its citizens are born from citizens.

The Supreme Court told us in 1974 the Law of Nations has been a part of our laws for 200 years.

Thomas Jefferson wrote we must refer to the Law of Nations in all matters.

In all matters. This includes natural born citizenship.

George Washington wrote: "prosecute all crimes against the Law of Nations".

It is time the news media, liberal law professors stop covering for this peregrine in the White House.

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DancingRabbit

5:56 pm on Saturday, March 5, 2011

The Supreme Court said natural born citizenship is defined outside the Constitution. They distinguished it as a separate class of citizenship than those who are born without regard to the citizenship of the parents. This means..it is not defined by statute or legal codes.

Justice Gray acknowledged natural born citizenship as a separate class of citizenship prior to his deliberation on the 14th Amendment. WKA was affirmed a citizen, not a natural born Citizen.

Birth in Hawaii is not sufficient to make Obama a natural born citizen as defined by the Supreme Court of the United States.

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DancingRabbit

6:01 pm on Saturday, March 5, 2011

Fact: No competent authority has ever declared Obama's jpg of an alleged birth document to be genuine or accurate.

Fact: No competent authority has ever declared Obama to be born in Hawaii on the basis of verifiable, legal documentation.

Fact: No competent authority has declared Obama to be a natural born citizen as defined by the Supreme Court of the United States.

Fact: Birth in Hawaii is not sufficient to make Obama a natural born citizen as defined by the Supreme Court of the United States.

Fact: The director of the DOH confirmed that Obama's original birth certificate is not sufficient to prove where Obama was born.

Fact: The HI DOH has refused to affirm that the cert. no. in the factlack dot org photos belongs to Obama, despite have legal authority to do so.

Fact: Obama has been reported as being born in two different hospitals and three different countries by otherwise reputable news sources.

Fact: Obama's own wife says another nation is her husband's home country, not the United States.

Fact: Obama's own website says he was governed by British law at birth.

Fact: The Supreme Court declared that the 14th amendment does not create citizenship for natural born citizens and that persons born in the country of citizens are excluded from the operation of the birth clause of the 14th amendment.

Fact: Obama is a listed as an Indonesian citizen on his 1968 school record.

Fact: No record exists to explain if and when Obama ever gained US citizenship.

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jagayan@netzero.com

8:32 am on Sunday, March 6, 2011

The only reason anyone would not want such a law is that they know Obama is actgually an Indonesian citizen, born in Kenya.
He has spent over 2 million dollars to not show his birth certificate when he could show it for $15. There is only one reason on earth anyone would do that.
Michelle is on Youtube admitting he was born in Kenya. His grandmother is on tape saying she was there in Kenya when he was born. The Kenyan ambassador was bragging about the shrine they are going to erect in Kenya where he was born.
Obama signed orders to seal all his college and medical records immediately after he was sworn in. The valedectorian at Columbia said no one ther remembers him there even though it was a small class and everyone remembered everyone.
In my opinion we have an illegal alien as president and when this is proven, everything he has signed will be voided(health care,2 supremes,500 executive orders,all voided).
Go Georgia!

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dangeo

2:22 pm on Sunday, March 6, 2011

Yeah we get it, he's "not like us". Instead of saying he's Kenyan or Indonesian, why not just come out and complain because he's black?

Come on, he had a white mother from Kansas, went to church his whole life, sends his kids to a Quaker school, and was a United States Senator from Illinois who was known for working with Republicans on foreign relations issues (back in the days when that kind of thing happened every now and then).

The birther argument has been dismissed by conservative judges around the country, and we have a lot more important things to argue about right now, like how to deal with the economic mess we're in. Not to mention that it's been debunked by Republicans state officials in Hawaii:

http://www.kitv.com/r/17860890/detail.html

http://www.usatoday.com/news/nation/2009-07-27-obama-hawaii_N.htm

If you insist on paranoia, I suppose you could say they were threatened or on mind-control drugs or something, but I find it highly unlikely that a Republican politician would swear that Obama's original HI birth certificate is valid, if it wasn't.

This proposed law is simply to score political points with the fringe right-wingers that dominate the Republican primaries in Georgia. It's embarrassing for anyone who reads.

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Parker Knows

4:36 pm on Tuesday, March 8, 2011

Yeah, he's "not like us". He was Kenyan at birth regardless of where he was born according to our Constitution Article II, Section I the italicized term "natural born citizen" ...a term never amended nor addressed for rewording in dealing with any other law on citizenship has always remained defined according to Vattel's definition in the Law of Nations as " "the land of the father's is the land of the child's... and for Obama that would be KENYA". He was Indonesian when his step-father adopted him. Why not just come our and complain because he's black? Well, because being black has absolutely nothing to do with the fact that those not closing their eyes to this bamboozling attempt by the Democratic party is only a Saul Alinsky smear tactic to squelch any opposition. Since 95% of all blacks could care less what the Constitution says because they voted for him because of his color not his qualifications.
It is not conspiracy that he does not meet the qualification to be President because of his father..It is a fact..a fact that should have a Congressional hearing and be ruled upon. To redefine "Natural Born Citizen" to mean something other than TWO citizen parents was attempted in Bill S.2128 in 2004 but the Bill failed to pass THEREFORE THE TERM AND ITS VATTEL'S DEFINITION STILL STANDS UNAMENDED...AND HE IS NOT ELIGIBLE. It is the father's homeland that determines a "natural born citizen" per the unamended wording of Art.II, Sec.I.

dangeo

12:10 am on Wednesday, March 9, 2011

Ok....so let's see...if your Nation is your father's Nation.....and your father's Nation was his father's Nation....where does it end? To follow your logic (if you'd call it that), the only citizens here are descendents of natives, most of whom were wiped out in the great genocide.

I am all for diversity of viewpoints - let's squabble and complain and rant and rave and disagree loudly!

But don't you tell me that I'm less of an American than you are - my grandfather put his life on the line defending this nation before he even stepped foot on its shores. You can play whatever word games you want, but an American is an American - and the blood spilled defending our freedom through the ages has been from black, white, yellow, red, and any other other color you can think of.

Anyone born here is an American - period.

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Renee DeGross Valdes

8:51 am on Wednesday, March 9, 2011

It's good that we have a debate going but let's watch our comments folks.

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Diane Loupe

8:57 am on Wednesday, March 9, 2011

These comments are just lplain wrong. In fact, Hawaiian officials HAVE certified Obama's birth certificate as authentic and judges have thrown out lawsuits.

http://www.msnbc.msn.com/id/32180625/ns/politics-white_house/
From the Associated Press

HONOLULU — State officials in Hawaii on Monday said they have once again checked and confirmed that President Barack Obama was born in Hawaii and is a natural-born American citizen, and therefore meets a key constitutional requirement for being president.

Health Director Dr. Chiyome Fukino said she hoped to end lingering rumors about Obama's birthplace. "I ... have seen the original vital records maintained on file by the Hawaii State Department of Health verifying Barack Hussein Obama was born in Hawaii and is a natural-born American citizen," she said in a brief statement. "I have nothing further to add to this statement or my original statement issued in October 2008 over eight months ago."

So-called "birthers" — who claim Obama is ineligible to be president because, they argue, he was actually born outside the United States — have grown more vocal recently on blogs and television news shows.

See:
http://www.snopes.com/politics/obama/citizen.asp

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Arthur Curtis

6:14 pm on Friday, October 19, 2012

It's quite late to post and I believe pursuing this matter is detrimental to conservatives but here are my thoughts on some of the comments.

"[Obama] went to church his whole life, sends his kids to a Quaker school"
He was raised a Muslim until he was around 10 years of age.

"Anyone born here is an American - period."
There is no actual law to that effect. The U.S. Supreme Court has not ruled on the matter and there are several other court cases, though quite old, that say otherwise.

"See: http://www.snopes.com/politics/obama/citizen.asp";

Snopes has become a site with an increasing tilt towards the left politically. They are not an objective source on the matter.

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