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For the first time in dozens of court cases challenging Barack Obama’s eligibility to be president, a judge has ruled that Obama must, in order to be a candidate on the Georgia ballot for president in 2012, meet the constitutional demands for candidates for the office.
A hearing has been scheduled later this month for evidence on the issue that has plagued Obama and his presidency since long before he took office. At issue is the constitutional requirement that a president be a “natural-born citizen.” Some allege he was not born in the U.S. as he has claimed and, therefore, is not eligible.
A hearing has been scheduled later this month for evidence on the issue that has plagued Obama and his presidency since long before he took office. At issue is the constitutional requirement that a president be a “natural-born citizen.” Some allege he was not born in the U.S. as he has claimed and, therefore, is not eligible.
“The lengths to which the defendant goes in order to avoid the one relevant fact is telling. The defendant asks this court to interpret Georgia election code in a way that leaves the code in conflict with itself, goes against the plain language of the law, leaves the law without meaning, and conflicts with common sense. He then cites freedom-to-associate precedent to support an assertion that has never been supported by such precedent, and which would nullify election codes in several states. All of these arguments are futile attempts to distract from the undeniable conclusion: Barack Obama is not constitutionally qualified to hold the office of president of the United States,” Irion wrote.
He continued, “It is true that some states lack election codes authorizing any state officials to screen candidate selections from political parties. In these states political parties have essentially unfettered authority to determine which candidates appear on ballots. However, these instances represent decisions of the states to not screen candidates. It is the states’ right to decide how to administer its elections. The fact that some states have decided to not protect their citizens from unqualified candidates does not mean that other states don’t have the right to screen candidates. It simply means that some states have left the screening to the political parties.
“Georgia has determined that it is in the best interest of its citizens to screen candidates prior to placement on the ballot.
“Because it is undisputed that Mr. Obama’s father was not a U.S. citizen, the defendant can never be a natural-born citizen, as that term was defined by the U.S. Supreme Court. Therefore, the defendant cannot meet the constitutional requirements to hold the office of president. See U.S. Const. Art. II Section 1.5 Georgia election code requires such a candidate to be stricken from any Georgia ballot.”
The U.S. Supreme Court opinion cited is Minor v. Happersett from 1875. It includes one of very few references in the nation’s archives that addresses the definition of “natural-born citizen,” a requirement imposed by the U.S. Constitution on only the U.S. president.
He continued, “It is true that some states lack election codes authorizing any state officials to screen candidate selections from political parties. In these states political parties have essentially unfettered authority to determine which candidates appear on ballots. However, these instances represent decisions of the states to not screen candidates. It is the states’ right to decide how to administer its elections. The fact that some states have decided to not protect their citizens from unqualified candidates does not mean that other states don’t have the right to screen candidates. It simply means that some states have left the screening to the political parties.
“Georgia has determined that it is in the best interest of its citizens to screen candidates prior to placement on the ballot.
“Because it is undisputed that Mr. Obama’s father was not a U.S. citizen, the defendant can never be a natural-born citizen, as that term was defined by the U.S. Supreme Court. Therefore, the defendant cannot meet the constitutional requirements to hold the office of president. See U.S. Const. Art. II Section 1.5 Georgia election code requires such a candidate to be stricken from any Georgia ballot.”
The U.S. Supreme Court opinion cited is Minor v. Happersett from 1875. It includes one of very few references in the nation’s archives that addresses the definition of “natural-born citizen,” a requirement imposed by the U.S. Constitution on only the U.S. president.
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.
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