Birth Certificate Issue–Assumption or Leap of Faith?

Before Barack Obama lunged onto the national scene, had you really sat around on your front porch with you wife or husband and pondered Article II, Section 1, Clause 5 of the US Constitution that states:

“No Person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President; neither shall any Person be eligible to that Office who shall not have attained to the Age of thirty five Years, and been fourteen Years a Resident within the United States.”

Probably not!  We pretty much took for granted that anyone who ran for the highest office in our great country would be thoroughly vetted, including a full document check for citizenship.  After all, we have had candidates who were in fact not born in the United States but were US citizens by virtue of their parent’s status.  These included, John McCain in 2000 and 2008 and then George Romney in 1968.  Both submitted long form birth certificates and in McCain’s case, military document showing his father’s temporary deployment in Panama.  Then along came Obama.  The “birthers” were up in arms about Obama not being a citizen and therefore was not eligible to become the President of the United States. 

The election came and went and Obama was inaugurated without supplying his long form birth certificate.  The only official document release apprears to be a Certificate of Live Birth which is issued in lieu of an actual long form birth certificate.  The CLB is generally accepted for most casual verifications of birth.  BUT, we are in fact talking about the President of the United States.  The most puzzling thing to me is why Obama has not flown to Hawaii, picked up his Long Form Birth Certificate, and have it certified.  Sounds simple enough to me a simple person.  Why he hasn’t is anyone’s guess and that is the problem.  In the absence of facts there will be rumors, conjecture, and conspiracy theories which is where we are today.

THEN ALONG CAME THE DONALD.  From mild rumblings over 3 years or so, Donald elevated the Citizenship issue to a whole new level.  Donald presses the question, “If Obama has a long form Birth Certificate, why doesn’t he just produce it once and for all?” 

But, the real, unanswered philosphical question that is not being discussed is, “What if we elected President “X” and later found that he did not meet the requirements defined in Article II, Section 1, Clause 5 of the US Constitution?  Assume that the elected President refused to step down as President when this became public, what would happen then? 

  • Does not Supreme Court have the power to force a President to leave office for violating Article II, Section 1, Clause 5 of the US Constitution?  NOPE!
  • The only Constitutional remedy for removing a sitting President, duly elected or not once he or she is sworn in, is through the Impeachment Process asa defined in Article 2, Section 4 of the US Constitution that reads:
    • “The President, Vice President and all civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other High crimes and Misdemeanors”.
    • The House of Representatives has the Sole Power to Vote on and Adopt Articles of Impeachment.  This is similar to an Indictment, it is not the actual power to remove persons from office.  Typical the Resolution to Impeach is then referred to the Senate Judiciary Committee for consideration.
    • The Senate has the Sole Power to Try the person that is the subject of the Articles of Impeachment.  Initially the founders allowed the entire Senate to “try” the case but in 1980 the Senate adopted the use of “Impeachment Trial Committees” pursuant to Senate Rule XII.  These committees presided over the evidentuary phase of the “trial”.  The committee would then submit their findings to the whole Senate for discussion and debate.  This process would seem to be an improvement over having 100 Senate Members acting as the tryers of fact as a body.
    • The Senate’s actions are limited to three possibilities and only three.
      • The person can be equitted and all charges dropped.
      • The person is found guilty and removed from office.
      • The person is found guilty, removed from office, and prohibited from ever holding a federal office again.

So, history lesson aside, rewind ourselves to today.  Assume President “X” is found to be not a citizen of the United States.  I really don’t believe the House of Representatives have the stomach to impeach the current President “X”.  Assume the republicans actually took their responsibilities seriously and set aside their own political future and impeached President “X”, do you really think the Democrat controlled Senate would vote to convict?  NOT a CHANCE! 

What IF?:

But, for the fun of it assume the Senate voted to remove President “X” from office.  Then would Biden become the President even though President “X” did not really have the right to run for the office much less be elected?  YEP, Biden would be the new President.  If Biden was not able to assume the office, maybe someone gave him an IQ test or took away his rail pass, then the Speaker of the House of Representatives, John Boehner would become President.

There are other questions to consider from a plurely philosphical point of view.

  • Are the Laws that were signed by President “X” actually valid?
  • Are the Executive Orders issued by President “X” actually valid?
  • Are appointments that were made by President “X” actually valid?

The answer is yes to all three plus any other official actions taken by President “X”.  The Constitution did not go into any real details surround the possibilility of having a President who was not actually qualified to be the President.  but, once duly sworn into office, the President is the President.  It is kind of like biting into an apple and finding one half of the worm!  It may be distasteful but as my Hispanic friends say, asi es la vida! 

So, even if the current President is not a citizen of the United States, he will probably remain the President until the 2012 elections.  PRESUMEABLY he would not be eligible to run in 2012 but nothing would surprise me at this point.  The only time the Left believes in the Constitution is when they can use it.  Otherwise they pretty much trample it in the dirt.

For the “Birthers” out there, don’t give up the passion you have but channel it to winning the next election.  For Donald, you at least had the guts to bring this issue up, and others in the public forum.  It is a valid question to ask and one that Obama could put to bed in a second by releasing his long form Birth Certificate.  This will probably happen when he lifs the drilling moratorium, approves land drilling in ANWR, starts promoting real energy independence, flushes the environmentalist down the proverbial toilet, and cuts spending to 2006 levels and apologizes to us for ruining this great nation.  There are winnable issues on our side, WE JUST NEED TO TAKE A LESSON FROM THE DONALD AND QUIT BEING SO DAMN POLITE AND PC AND ATTACK THE LEFT WHERE THEY LIVE.

The sad thing, but also the thing that gives me hope, is the fact that only the Women on the Right have the guts to take the fight to the Left rather than sit back and wring their hands worrying about how an issue will poll.  We should adopt the slogan, Women Are Right – WAR…We do need to learn to fight like girls!

RD Pierini

http://www.newsmax.com/InsideCover/Trump-Rove-Obama-donation/2011/04/21/id/393697

http://en.wikipedia.org/wiki/Article_Two_of_the_United_States_Constitution

http://en.wikipedia.org/wiki/Impeachment_in_the_United_States

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