Obama Birth Certificate:
Who Determines Constitutional Eligibility?

Constitution of the USA

The 20th Amendment:
The Mechanism for Determining Presidential Eligibility

[A number of lawsuits have been filed over the birth certificate and citizenship of Barack Obama. Are the courts the right place to determine the answer? If not the courts, who, what or where? What’s the correct procedures? We asked What’s Your Evidence to get some some evidence on who or what determines Constitutional presidential eligibility.]

Questions, questions, questions.The birth certificate of Barack Obama: is he eligible to serve as president of the USA? Who or what determines the answer to that question?

The issues surrounding the birth certificate and Barack Obama’s citizenship questions continue. Some had speculated that these questions might go away after the election.

But they haven’t.

In fact, a number of lawsuits have been filed asking the courts to determine the eligibility of Barack Obama to serve as President. Are the courts the right place to be asking?

What procedures–if any–determine and ensure the eligibility of an incoming president?

Who’s in charge of determining eligibility of a presidential candidate?

For the folks in New Jersey, is it the NJ secretary of state, as posited by Leo C. Denofrio of Denofrio v. Wells?

Is it the Democratic Party, as put forth in Berg v. Obama? Is it Congress? Is it the Supreme Court?

We asked our favorite fact checker at What’s Your Evidence if she couldn’t find some information on the process–if there is a process–for determining exactly who is eligible for the office of President of the United States of America.

Here’s what she found out.

[Starts below.]

The Obama Birth Certificate Questions* Obama Birth Certificate Controversy: Who Verifies a Candidate is Legit?
* Obama Birth Certificate Forgery Story Heats up at World Net Daily
* Obama Birth Certificate, Citizenship: SCOTUS Conference Scheduled for Dec 5
* Obama Records: Obama Campaign Still Refuses to Release Medical, Other Records
* Obama College, Medical, Birth Records: Who is Barack Obama?
* Obama Birth Certificate Federal Lawsuit: Video Released On YouTube
* Obama Birth Certificate Federal Lawsuit: Updates, News and Reactions
* Obama Birth Certificate Federal Lawsuit: The Curious Behavior of the Obama Campaign
* Obama, Bill Ayers, and FactCheck.Org: All Have Ties To Annenberg Foundation

The folks arguing that a court should address this issue, are essentially arguing as follows:

“We DEMAND that you, the Courts

ignore the Constitutional limitations on your jurisdiction, and

ignore the Constitutional procedure for determining a President’s eligibility,

in order to

“protect the Constitution” (????) by ruling on whether the Constitutional requirement re: a President’s eligibility has been established.



First, like McCain before him – Obama asked the court to follow well-established Constitutional precedent generates suspicion and the belief that “he must be hiding something” only with people who do not understand fundamental aspects of basic legal procedure. Again, the irony. The foundation of the .. Berg et al argument, is:

“We DEMAND that you ignore the Constitutional limitation on your jurisdiction – i.e., the Constitutional requirement for standing

in order to rule on the Constitutional requirement for eligibility.”

This is, quite simply, an illogical argument.

To reiterate – McCain was sued at least twice earlier this year on eligibility grounds. (Hollander and Robinson) In both cases, his first responsive pleading was to allege lack of standing.

Was McCain hiding something? Was he hiding something in the case in which he did not produce his birth certificate? No.

He (or his lawyer) was following the most basic of legal procedures – based on the fundamental Constitutional principle that a person must have standing to sue on a Constitutional issue.

Second, the Berg Case (upon which most other cases are based to at least some extent) – did not involve a “simple and inexpensive request.” Indeed, Berg made crystal clear in multiple radio interviews that even if Obama produced the original birth certificate in court, with affidavit, he would not drop the case because there were so many other issues to be resolved (Indonesia, etc.).

(Now – I’ve heard, from multiple people who have bought into this rumor – that “well, might not resolve it for Berg, but would resolve it for me,” … who then go on to raise multiple additional questions showing that .. it would resolve, at most, say # 49 on their 50-item lists of questions. It is disingenuous at best.

Moreover, again, producing it in one case (with the required affidavit authenticating it) may well be relatively inexpensive, although not the $10 people generally mention. There is a cost to getting the affidavits – in drafting them (attorney time); in getting Hawaii official to sign (admin costs to be paid to state), etc.)

Third, to say that filing a standard 12(b)(6) motion re: standing takes “great effort,” is to misunderstand some basic legal procedures. Most firms have standard templates for this, and the motion is very simple (and inexpensive) to draft.

Moreover, because a standing argument is – by law, required to be raised as the first responsive pleading to a case, in order to preserve the defense, an attorney who failed to do that would be, essentially, committing malpractice. (Of course, if for some reason, the plaintiff wanted to be sued, that’d be another story – but that’s .. uhm .. highly unusual. Here, had Obama ignored the standing issue in order to produce the certificate, he would have had to then respond to every other of Berg’s multifarious allegations. (To reiterate – he could not “ignore” standing as to COLB, but assert it as to other claims – either standing exists – or it doesn’t.)

PART II: CONSTITUTIONAL ELECTION PROCEDUREContinue reading: Obama Birth Certificate: Who Determines Presidential Constitutional Eligibility?

by Mondo Frazier
Source: Obama Birth Certificate: Who Determines Presidential Constitutional Eligibility?

Mondoreb blogs at Death By 1000 Papercuts. Interested readers can e-mail him at
mondoreb@gmail.com. All DBKP stories are filed under Mondoreb at BNN.

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