Over at HotAir.com, Ed Morrissey posted the following at 1:00 pm on February 6, 2010 :
Farah claimed that the Tea Party movement was partially fueled on the notion that Barack Obama isn’t really a native-born citizen of the US. … Breitbart responded, “When has a president ever been asked to prove his citizenship?” But in fact, Obama did do just that when he released the Certification of Live Birth in June 2008, in response to an entirely different question. That may have been the first time a Presidential candidate has ever done so, and the COLB is a document that could get Obama a passport, a driver’s license, and a Social Security number. It’s all the legal proof required. If that wasn’t enough, Obama’s political opponents found contemporaneous records of his birth in the Honolulu Advertiser from August 1961.
Let’s break that down sentence by sentence and show where Ed Morrissey, who is very talented and usually nails things spot-on, this time gets several things wrong…
Farah claimed that the Tea Party movement was partially fueled on the notion that Barack Obama isn’t really a native-born citizen of the US.
Ed confuses “native-born citizen” for “nautral born citizen”. He assumes the terms are synonymous, but they are not. “Native-born” refers only to location of birth. “Natural born” refers to Natural law, and incorporates not only location of birth but also citizenship of parents. See: “born in the country, of parents who are citizens”
Ed Morrissey continues:
… Breitbart responded, “When has a president ever been asked to prove his citizenship?”
Firstly, anyone sworn to “support and defend the Constitution of the United States” has a sworn duty to support and defend the enforcement of the Presidential eligibility requirements found in Article II Section 1, as well as the clear mandate found in the 20th Amendment that qualification of the President and Vice-President must be performed:
…if the President elect shall have failed to qualify, then the Vice President elect shall act as President until a President shall have qualified; and the Congress may by law provide for the case wherein neither a President elect nor a Vice President elect shall have qualified…
How would it be possible to determine that the President had failed to qualify, unless the President was first forced to prove he qualified? The language is clear: “a President shall have qualified“.
Secondly, the rule of law requires compliance with not only the Constitution but also the Immigration Reform and Control Act that was signed into law by President Ronald Reagan on November 6, 1986. That law requires that:
All employees, citizens and noncitizens, hired after November 6, 1986 and working in the United States must complete a Form I-9, Employment Eligibility Verification.
Obama is not exempt from that law, and he is not above that law.
Ed Morrissey continues:
But in fact, Obama did do just that when he released the Certification of Live Birth in June 2008, in response to an entirely different question.
Wrong. Obama did not “release” his Certification of Live Birth. Obama did not authorize the State of Hawaii to release a certified copy of his Certification of Live Birth. What did Obama release in June 2008? A JPG file on a web site. If you were starting a new job, would you be able to use a URL to a JPG as a “Document that establishes Employment Authorization”?
You could not ask your employer or the government to just look at a URL in their web browser. You would be required to present an “Original or certified copy of birth certificate issued by a State, county, municipal authority, or territory of the United States bearing an official seal.”
When the release of the JPG didn’t stop the “Birthers”, Obama produced a hardcopy of the COLB at his campaign headquarters in Chicago… but only allowed a very small hand-picked audience to examine it. Not a single person in that audience was someone from Congress.
Members of Congress examined official certificates, sent under seal from the Secretary of State of each of the 50 states, of the electoral college vote. Yet those members of Congress never examined an official certificate, sent under seal from the State of Hawaii, to certify the birth of Barack Obama, (or sent under seal from the State of Pennsylvania to certifiy the birth of Joe Biden).
Instead, we were once again asked to go to a URL (Annenberg Political Fact Check) and look at JPG pictures of this supposedly genuine document. Something that would never be accepted as proof of eligibility to work at McDonalds is somehow accepted by Ed Morrissey as proof of eligibility to hold the office of President of the United States.
Ed Morrissey continues:
That may have been the first time a Presidential candidate has ever done so,
No, John McCain did so as well.
and the COLB is a document that could get Obama a passport, a driver’s license, and a Social Security number. It’s all the legal proof required.
An original or ceritified hard copy, bearing an official seal, is all the legal proof required. But that is not what Obama has presented to Congress or the public. To the public, he has presented JPG files, NOT “a document”. There is no reason that we should be asked to just accept the word of Obama, his campaign, or Annenberg Political Fact Check, which has been proven to have gotten the facts wrong on multiple occasions. (Leo Donofrio forced them to issue corrections no less than twice)
Ed Morrissey continues:
If that wasn’t enough, Obama’s political opponents found contemporaneous records of his birth in the Honolulu Advertiser from August 1961.
A newspaper birth announcement is not an acceptable document for an I-9 form. It has no legal weight. Multiple people have given their own personal testimonies of how newspaper birth announcements reported their birth as being in a certain state, when in fact they had been born elsewhere.
I’m not saying Obama was not born in Hawaii. What I am saying is that he has not provided certified documents to Congress and the general public to prove that the “birth narrative” he has told is authentic.
And I am saying that whether Obama’s “birth narrative” is authentic or not, he fails to qualify to hold the office of President!
Because if he has been untruthful about any detail of his “birth narrative”, then he is guilty of fraud, at a very minimum.
And if Obama’s “birth narrative” is exactly as it has been told, then he was born a subject of another country, due to the foreign subjecthood of his father, and he does not qualify as a “Natural born Citizen” of the United States.
It is difficult to understand how Ed Morrissey could think that this is not important. He generally supports and defends the Constitution and the rule of law, but not in this case. In this case, he seems content to trust JPG files posted by the Obama campaign, Fact Check, and newspaper announcements… none of which would satisfy even an I-9 form.