Just the Facts, Ed

From HotAir, Illustration by Chris Muir of Day by Day.

This comic pair of images was posted within hours of President Obama quipping about his birth certificate being plastered to his head. (courtesy Sad Hill News)

Blogger of the year Ed Morrissey starts today’s “Obamateurism of the Day” with the following statement:

I’m actually sympathetic to Barack Obama when it comes to the Birthers. 

Let’s take a look at his reasons why, and compare that to just the facts

First, it is a fact that the Constitution specifies eligibility requirements for the President (and Vice-President) in Article II Section 1, and it specifies in Section 3 of the 20th Amendment that

Congress may by law provide for the case wherein neither a President elect nor a Vice President elect shall have qualified, declaring who shall then act as President, or the manner in which one who is to act shall be selected, and such person shall act accordingly until a President or Vice President shall have qualified.

Congress has a Constitutional duty to determine whether or not the President and Vice President have qualified to hold the office. 

I.E., the Legislative branch has a Constitutional duty and obligation to qualify the candidates/holders of the top two offices in the Executive branch.

It is a fact that Constitution requires that the President and Vice President be natural born citizens.

It is a fact that many of the founders read and referenced the works of Emmerich de Vattel.  It is a fact that Emmerich de Vattel’s work “THE LAW OF NATIONS OR PRINCIPLES OF THE LAW OF NATURE APPLIED TO THE CONDUCT AND AFFAIRS OF NATIONS AND SOVEREIGNS” was checked out from the New York Society Library by George Washington. It is a fact that that work says:

natural-born citizens, are those born in the country, of parents who are citizens

It is a fact that the “birth narrative” presented by Barack Hussein Obama does not meet this definition of “natural born citizen”.  Not because of birth location, but because his father was not a U.S. Citizen

It is a fact that section 1 of the 14th Amendment begins:

All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.

Birth on U.S. soil may make one a citizen of the United States, but it does not make one a natural born citizen unless their parents (both) were United States citizens at the time of the child’s birth. 

It is a fact that the 14th Amendment does not define “natural born citizen”.

It is a fact that two different U.S. Supreme Court decisions that came after the ratification of the 14th Amendment said that the Constitution does not define “natural born citizen”.  So for anyone to just assume that a person born a citizen under the 14th Amendment is automatically a “natural born citizen” is to willfully overlook the doubts that the Supreme Court itself acknowledged:

The Constitution does not, in words, say who shall be natural-born citizens. Resort must be had elsewhere to ascertain that. 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. Some authorities go further and include as citizens children born within the jurisdiction without reference to the citizenship of their parents. As to this class there have been doubts, but never as to the first. For the purposes of this case it is not necessary to solve these doubts.

-  Minor v. Happersett, 88 U.S. 162 (1874)

The Constitution, including the 14th Amendment, does NOT say who shall be natural born citizens.  The 14th Amendment does not contradict or change the definition of natural born citizen as defined by Natural Law and explained by Vattel.

The Congress debated whether or not John McCain should be considered a natural born citizen.  The congress should have had (but did not have) the same debate over whether Barack Hussein Obama should be considered a natural born citizen.  If they didn’t want to do so, they should have asked the Supreme Court to do so.  The Supreme Court has never ruled on/clarified the meaning of the the Constitutional phrase “natural born citizen”.  This is a legitimate question, and is not a “birther” issue, it’s a Constitutional issue.

But even if Ed thinks it’s just a “birther” issue, let’s look at what he believes, vs. the facts.

Ed says:

I’m actually sympathetic to Barack Obama when it comes to the Birthers. The President published a perfectly acceptable certification of live birth, with which any American can get a passport, a driver’s license, or any other kind of official documentation he or she needs, in response to an unrelated question during the 2008 campaign.

The fact is:

What Obama “published” was a URL with some .JPG images. That is NOT “a perfectly acceptable certification of live birth”. No American can use what Obama “published”, i.e. a URL, to get a passport, a driver’s license, or any other kind of official documentation. You must produce the hard copy document, not a URL, for inspection. The fact is that neither Barack Hussein Obama II nor Joseph Robinette Biden, Jr. have ever provided any hard copy document to members of Congress to inspect and perform their constitutional duty under Section 3 of the 20th Amendment.

Ed says:

Furthermore, the state of Hawaii has twice confirmed that Obama was born in Honolulu

The fact is:

The state of Hawaii has NEVER released a news release saying “Obama was born in Honolulu”. Dr. Fukino’s first news release did not even say “Obama was born in Hawaii”, although that didn’t stop the Associated Press and Governor Lingle from falsely claiming it did. CNN edited Governor Lingle’s words to conceal her lie and create their own lie. And Ed obviously believes the lie that claimed the first news release said things that it absolutely did not say.

Dr. Fukino did not release a news release saying “Obama was born in Hawaii” until AFTER THE U.S. HOUSE OF REPRESENTATIVES SAID SO FIRST!

Dr. Fukino has never verified that Obama’s “birth narrative” is true.

At different points in time, the media reported two different Honolulu hospitals as the location of Obama’s birth. They can’t both be true. Without documentary evidence, why should we blindly believe that either is true?

Ed says:

and contemporaneous birth announcements also provide confirmation.

The fact is:

The microfilm for the “contemporaneous birth announcements” appears to have been tampered with. And newspaper birth announcements are not acceptable documentation for an I-9 form, so why should we be asked to accept them for a President?

Ed says:

Whether one likes Obama or not, he was clearly born in the US and therefore eligible for office.

The fact is:

There have been no vital records released from the State of Hawaii for Barack Hussein Obama. And regardless of where Obama was born, the assumption that “born in the US and therefore eligible for office” completely overlooks the question of whether his alien father, who Obama admits passed British subjecthood on to him at birth, making Obama a natural born subject of Great Britain, makes him other than a natural born citizen of the United States and therefore ineligible to hold the office. Would our founders have wanted a natural born subject of Great Britain, born after the ratification of the Constitution, to be eligible to be Commander-in-Chief?

Ed says:

However, the birther contretemps suits Obama, because it allows the media to dismiss all of his critics by painting them with the Birther brush (which is why so many of us are frustrated and disgusted by the small coterie of people who continue to indulge it). Obama could put an end to it at any time by simply releasing his original birth certificate from Hawaii, which only he can authorize. Why doesn’t he do it? Because the Birther movement suits his purposes.

The fact is:

Obama himself said:

The only people who don’t want to disclose the truth are people with something to hide.

If we take him at his word, then the only reason he does not want to release his vital records from the State of Hawaii is because he has something to hide.

Obama has never released his vital records from the State of Hawaii to Congress. Congress has a Constitutional duty to ask for them and inspect them.

Ed says:

Er, he hasn’t spent any time with a birth certificate plastered to his forehead, and purposefully so. We understand why, and it makes some strategic sense in the most cynical manner possible. It allows Obama to nurture that microscopic collection of fools to distract attention from his own failures. But if one plays that game, then one gives up the right to whine about it later.

The fact is:

Obama hasn’t spent any time with his hard copy birth certificate plastered ANYWHERE. At a minimum, it should be sent under seal directly from the State of Hawaii to Congress.

Several links to back up the statements I made above can be found in the earlier post:

Obama’s Eligibility: It’s a Matter of Faith

UPDATE:

Ed says:

Update: As Twitter follower RobRob points out, this was also a non-sequitur response to a question about Obama’s faith. He’s trying a little too hard with the Birther dodge these days.

Ed is right about this being a “Birther dodge”, but there’s more here than Ed realizes. Ed may not realize that Barack Hussein Obama took Shahada. Barack knows what that means to the Muslim world, and he’s hoping that the Christian and Jewish world doesn’t figure it out.

Obama is trying to piggy-back off the success he has had in getting people like Ed Morrissey to laugh at “birthers”, and Obama is now trying to get those same people to laugh at those who point out that Obama, with his own mouth, voluntarily confessed the Islamic confession of faith, in Arabic. By doing so, he was telling the Muslim world that he is a Muslim, while he simultaneously tells the Christian world, “I am a Christian”. You can’t be both at the same time. And only one of the two religions condones lying.

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24 responses to “Just the Facts, Ed

  1. Excellent post! Applause, applause.

    You do realize, don’t you


    :) Hat tip to hole_n_one at Free Republic!

  2. Seriously, I think he put this out there to distract from the success of Glenn Beck’s rally. A half a million strong. Patriots who vehemently oppose the “fundamental transformation of America.” We DO need to restore honor because this man who pretends to lead us has none.

  3. He ignored Beck’s rally. To that I say, “Liar, liar, pants on fire!”

  4. In that video, Williams called Obama “an American-born Christian,” to which Obama only nodded.

    Why does he use “American-born” instead of “US-born”? Why did the HDoH say Obama is a “natural born American citizen?” America can be interpreted to include the entire western hemisphere. Canada, Mexico, Central America, South American. All technically “America”.

    Lot of eye-blinking going on there in that video. http://www.realclearpolitics.com/video/2010/08/30/obama_i_cant_spend_all_of_my_time_with_my_birth_certificate_plastered_on_my_forehead.html

    “Get beyond all this nonsense?” Uh, the requirements of the Constitution, which he is sworn to uphold, are anything BUT “nonsense.”

    Yes, Barack. “The facts are the facts.” But WTF ARE “the FACTS?” He never says.

  5. On Buying Gasoline (and jet fuel) :

    Debka:

    US to sell Israel massive military fuel stocks worth $2 bn
    DEBKAfile Exclusive Report August 28, 2010, 12:53 PM (GMT+02:00)
    Japanese tanker sabotaged in Hormuz in July

    On Aug. 6, the US Defense Security Cooperation Agency, DSCA, informed Congress of the sale to Israel of 60 million gallons of unleaded gasoline, 284 million gallons of JP-8 aviation jet fuel and 100 million gallons of diesel fuel at an estimated cost of two billion dollars. The date is significant, debkafile’s intelligence sources find. Ten days earlier, the Japanese tanker M.Star was attacked in Omani waters of the Strait of Hormuz with 200,000 tons of oil.
    Although American experts who examined the vessel, they never attributed the damage to sabotage by Iran or al Qaeda, despite the latter’s claim of responsibility on Aug. 4 While Washington did its best to sweep the incident under the rug, Saudi intelligence were worried enough about the threat inching dangerously close to the Gulf’s oil exporting lifeline to launch an independent investigation of the incident.
    Their investigators discovered it was staged by a Saudi terrorist who operates out of Iran under the orders of the Revolutionary Guards. To Riyadh, the episode looked like a blunt warning from Tehran to Washington and its allies about the consequences – not just of a direct strike against Iran’s nuclear facilities, but the possibility of sanctions upsetting the equilibrium of the Islamic regime.

    Blockage of the Strait of Hormuz would cut off Israel’s primary source of fuel. Therefore, our sources report, a series of accords, some of them secret, have been transacted to back up America’s standing commitment to keep Israel supplied with its energy needs in the event of armed conflict or crisis on world fuel markets.
    In its request to Congress to approve the sale, the DSCA noted:
    “The proposed sale of the JP-B aviation fuel will enable Israel to maintain the operational capability of its aircraft inventory. The unleaded gasoline and diesel fuel will be used for ground forces’ vehicles and other equipment used in keeping peace and security in the region. Israel will have no difficulty absorbing this additional fuel into its armed forces.”

    debkafile adds: Israel is therefore ready and able to absorb this huge injection of military-purpose fuels.
    Tehran published its response through an item on the Tabanak Website on Saturday, Aug. 28. It was headlined in large capitals: ISRAEL ORDERS MASSIVE MLITARY FUEL STOCKS FAR IN EXCESS OF THAT REQUIRED FOR NORMAL OPERATIONS. Our Iranian sources report that this site belongs to Mohsen Rezaei, ex-commander of the Revolutionary Guards and much respected in the highest Iranian military and intelligence circles.
    The Iranian site goes on to cite bloggers’ comments, the most quoted of which comes from an anonymous ex-US Air Force officer, who wrote on Aug. 27:
    “I explained, as I have in the past, how it would be necessary for the US to supply the massive amounts of fuel need for such a [-n Israeli] strike. If Israel were to strike Iran, Israel would only require the massive amounts of jet fuel and over a billion litres of jet fuel would be more that enough to do the job in practical terms.”

    According to debkafile’s military experts, the shelf life of JP-8 jet fuel is not long – no more than six to eight months.
    Also Saturday, the Kuwait Al-Rai claimed that Israel is making its last preparations for an attack on the Hizballah missile stores located in Syria close to the Lebanese border, for which an IDF armored division has been called up.

  6. Rosemary Woodhouse

    Guys, you know I appreciate ALL of you. But honestly, although I too believe we are nation that must abide by the rule of law, the cat is out of the bag. The ship has sailed, the barn door is open…in other words, the time for this conversation (and have it we did) was before the election. It is too late to flog this particular horse, although the cause is just.

    Now, going after all of his sealed records is another matter entirely (wink)

    • Rosemary,

      I respectfully disagree.

      I believe that Obama is ineligible for at least two, maybe even three, reasons:

      1) If his “birth narrative” is true, then he was born a U.S. citizen and a British subject and therefore not a “natural born U.S. citizen”.
      2) If his “birth narrative” is false, due to being born somewhere other than the U.S., then he was not even born a U.S. citizen.
      3) If his “birth narrative” is false, due to something other than his birth location (for example no father listed on the birth certificate, or a different father, or even just listed as a birth at home instead of a hospital birth), then he is guilty of FRAUD, even if he were born a “natural born U.S. citizen” to a different father.

      Here’s why I disagree with you, Rosemary. The ship has sailed, the horse is out of the barn, but it’s not too late to undue the damage.

      All it will take is a single Representative and a single Senator to stand up, support and defend the Constitution, and demand that the State of Hawaii release the vital records to them. The Constitution is the Supreme Law of the Land. Hawaiian law does not and can not trump the Constitution. Members of Congress have a Constitutional right and duty to qualify the President and Vice-President. Hawaii can not stand in their way of doing that. Hawaii can not claim that they don’t have a “tangible interest in the vital records”.

      I believe that once two brave Congress people stand up, there will be hell to pay. Obama will be revealed as either a usurper, or a fraud, or both. If he is a natural born citizen (born to a different father who was a U.S. Citizen), then he is a fraud who could be impeached. If he is a usurper, he could be immediately removed, and EVERY ACTION HE HAS ILLEGALLY DONE AS “PRESIDENT” WOULD BE VOIDED. Every nominee voided. Every bill voided. Every Executive order voided.

      This is a battle worth fighting. We need to focus on members of Congress, who all swore to support and defend the Constitution. Call them out on it. Demand that the POTUS and VPOTUS be “qualified” by Congress, per section 3 of the 20th Amendment. How do the members of Congress know that the POTUS and VPOTUS are “qualified” to hold the office? What physical documents have the members of Congress inspected? None.

      • Rosemary Woodhouse

        I understand all of this. And not to make light of it, we have been discussing it for -has it already been 2 years?! The fact of the matter is, none of the cases brought forth have been heard due to “lack of standing” on the plaintiff(s)’s part(s). And they won’t gain traction- especially with the MSM eschewing any discussion pertaining thereto unless it involves tarring and feathering a rather large (and growing) segment of the population, and appending the label they crafted as a taunt, “birther”.

        For argument’s sake, even if it DID gain traction, how long would it take to get to court? What will they do…subpoena all of the Electoral College? Congress? Secretaries of State? Listen to endless arguments from twits he intentionally appointed: Kagen and Sotomeyor for their ignorance and bias? There would be equivocation over “meaning” until BOs term expires. What we need to do is ensure this never happens again.

        In the meanwhile, there is a wealth of information in those sealed records that could have him “outta here” post haste! If this were not so, those records never would have been sealed in the first place. It’s only logical.

        p.s.: I agree with you about Congress people broaching the topic, but they are not ignorant about our collective wish. They have known the agenda for a year and a half. Perhaps AFTER the mid term elections, but I doubt it.

  7. Thank you RP for the clear concise refutation — well done! Now that you’ve schooled Mr. Ed, some of those leaving comments at American Thinker are schooling Mr. Dunn! Mr. Dunn is confused lol — he thinks the 14th amendment is “the natural-born citizenship clause!

    “… The question, of course, involves anchor babies (AKA “jackpot babies”), infants born to illegal immigrants in the certainty that, under the “natural-born citizenship” clause of the 14th Amendment, their status as American citizens, with all rights and privileges pertaining thereto, will enable their families, lo, even unto the third cousins, to maintain residence in the U.S. unmolested by immigration or other law enforcement….”

    http://americanthinker.com/2010/08/birthright_citizenship_and_the.html

  8. usapatriots-shout.blogspot.com | August 30, 2010 at 12:49 am |
    AGJ registers 31 Criminal Complaints to FBI !!!

    http://citizenwells.wordpress.com/2010/08/29/standing-in-court-dr-edwin-vieira-jr-berg-v-obama-us-constitution-obama-eligibility-natural-born-citizen/

  9. I have never commented here, but I do read you and have a question Have you ever read a blog called Butterdezillion.wordpress.com? That blog also has so much good information.
    Your blog is great.

  10. I disagree with your statement that Section 3 of the 20th Amendment can solve the problem. It cannot. Both Congress and the Supreme Court has become defendants in this case and they can no longer sit in judgement on this matter. It is a Constitutional dilemma. I do not believe there is a reliable remedy.

    • Edward, Redpill,

      I disagree with your statement that Section 3 of the 20th Amendment can solve the problem. It cannot. Both Congress and the Supreme Court has become defendants in this case and they can no longer sit in judgement on this matter. It is a Constitutional dilemma. I do not believe there is a reliable remedy.

      This statement is great food for thought. I think I must agree with Edward.

    • Rosemary Woodhouse

      I agree. And I reiterate, go after Executive Order 13489 under FOIA. Therein lies the remedy.

      • Rosemary,

        So I don’t have to look it up, and apparently you know, which one is Executive Order 13489?

        Edward, Welcome to our blog.
        How many Justices would have to recuse themselves if a case ever makes it to SCOTUS? Would it be because of a lack of impartiality? Prejudice? Bias? If we rid the court on just those 3 things, how many would be left? Can Supreme Court Justices be recused?

        Ali | August 31, 2010 at 3:03 am
        Interesting read…it is a listing of Obama and his administration’s criminal behavior in a letter to the FBI to investigate. There are about 65 pages of people who signed the letter.

  11. Rosemary Woodhouse

    Oops, I meant to reply under Edward’s post, but since Renee agrees…..

  12. There are regulations concerning the seal that should be on any COLB that was actually issued by the State of Hawaii:

    The Seal of the Hawaii Department of Health has been in effect since 1988 when it was made a part of the HDOH Title 11-1 administrative rules: “§11-1-2 Seal of the department of health. a) The official seal of the department of health shall be circular in shape, two and one-fourth inches in diameter. At the curve on the top portion there shall be the words “DEPARTMENT OF HEALTH” and at the curve on the bottom portion there shall be the words “STATE OF HAWAII .” At the curve on each side portion shall be a star. In the center of the seal shall be the Caduceus, a winged rod entwined with two serpents, which has long been recognized as a universal symbol of medicine. The Caduceus shall be encircled by an indentation, which shall separate it from the words “DEPARTMENT OF HEALTH” and “STATE OF HAWAII .”

    At long last, a copy of the Hawaii Department of Health seal has been disclosed by the department directly. And this seal is consistent with the description of the seal in the Title 11-1 Administrative rules.

    But guess what? The “seal” on the “COLB” that was produced at and by the Obama campaign headquarters in Chicago does NOT match the seal that was released directly from Hawaii, and the “Obama COLB seal” is NOT consistent with the description of the seal in the Title 11-1 Administrative rules.

    The pResident is a fraud and usurper.

    Unveiling the HDOH Seal

  13. The (in)eligibility issue made its way into to recent posts on The Blaze…

    The first, by way of the comment section:
    http://www.theblaze.com/stories/mythbuster-barack-obama-makes-discovery-channel-debut/

    The second directly:
    http://www.theblaze.com/stories/mlb-baseball-player-luke-scott-comes-out-as-a-birther/

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