Sunday, November 29, 2009

The Audacity of Some

Now comes Barrack H. Obama President of the United States of America and Commander in Chief of the United States Armed Forces. Does anyone see the audacity of this? Does anyone expect the United States Congress to represent “We the People”, and not their self-interests? Does anyone expect the Supreme Court of the United States of America to uphold and protect the United States Constitution? Does anyone expect the Chief Justice of the United States of America to uphold and protect the United States Constitution?

At this point the answer is NO! Since the nominating committees of all the parties who had candidates in the 2008 elections proclaimed their candidates for president there have been questions about eligibility of some of the candidates. In particular both major parties Democrat and Republican.

John McCain was the first; John was born in 1936 in Panama while his father was assigned to a United States Naval Base in that country. While McCain’s father was on assignment to that country John McCain was born. We will leave it there for now.

Barrack Obama was never questioned about his eligibility; we do not know where he was actually born. His records are sealed by his hand. Obama claims to have been born in 1961 in Hawaii. Hawaii had joined the confederation of the United States of America in 1959. However, until Obama produces his long form hospital birth certificate We the People will never know the truth. We will leave it there for now.

Our country, the United States of American, was born over 233 years ago as a Constitutional Republic; which means we are a nation of laws. This means the United States Constitution is the primary, or basic, law of the United States of America from which all other laws of the nation are derived.

That in mind, we can look to our Constitution for guiding principles that were set in place to protect We The People and our Constitutional Republic. First it established three important, but separate, branches of government; in so doing the founding fathers set in place a means for checks and balances on the three branches. It was the founding fathers’ intention that no one branch of government would be able to control the entire government with not accountability to We The People.

The Executive Branch of Government is the branch charged with carrying out the nations business as dictated by congress through their enacted legislation once signed into law by the President of the United States who has veto power over the legislation, therefore a check against congress. If the President vetoes the legislation then is does not become law, and is returned to the House of Representatives for further consideration. Once the vetoed legislation is returned to the House of Representatives they have two options; 1) rewrite the legislation, and go through the approval of process of both houses of congress; or 2) override the president’s veto by a vote of ¾ of the sitting House of Representatives; in which cases it becomes law over the president’s veto. This ensures that the President cannot arbitrarily veto the law when it is in the best interest of the nation and its people and congress is in concurrence.

The Legislative Branch of Government is the representative branch elected by We The People of the various states, and charged with the responsibilities given them by the Constitution, and no other; so in that regard the congressional houses of congress legislate the laws of the United States of America based on the authority given to it by our constitution. The congress is comprised of a House of Representatives and a Senate. Each state is allowed two Senators without regard to it’s population; the House of Representatives however, is allowed representatives based on the population of the various states, therefore the more populace states may have many seats while the less populace states may have only one seat which is mandated by our constitution for those states with very limited population such as North Dakota for example which has one representative.

The Judicial Branch of Government is charged with the responsibility of uphold in the laws of our constitution, and the laws enacted by congress so We The People are protected, and able to live our lives in accordance with the laws so enacted. In that duty the Supreme Court of the United States of American and The Chief Justice of the United States of American are responsible to us, We The People, to ensure the laws enacted by congress and signed into law by the president are in accordance with the Constitution of the United States of America. The Chief Justice and the Supreme Court do not make law only enforce the laws on the books, and contained in our Constitution. They review laws of congress to make certain that they are constitutional before enactment.

Now let’s look at our constitution; while we could spend hours going through each article of our constitution; remember, for those of us who were able to study our constitution, both in high school and college, it took up most of a semester. For now we will concentrate on Article II for purpose of this writing.

I have insert Article II below for reference as I take up the issue of this writing.

When John McCain and Barrack Obama were nominated to run for President of the United States of America the nominating conventions and the delegates thereto did not vet either of these candidates for the Office of President, and why do I say that? Either of these candidates were, in my opinion eligible to seek the office, because neither of them could meet the qualifications set out in Article II Section I Paragraph 5 of our constitution which requires they be Natural Born Citizens, and not just citizens of the United States.

John McCain was born in Panama to a mother and father who were US citizens; therefore he was a citizen of the United States by birth; however, he was born on foreign soil, and therefore was not a Natural Born Citizen. We know this for sure because he produced his long form birth certificate as proof.

Barrack Obama on the other hand was born in Hawaii, maybe, to a mother who was a US citizen under the age of 18 years, this will be important later, and a father who was from Kenya, a British Crown Colony of Africa. Since his father was a foreigner, living Hawaii while attending college there, he could only convey the citizenship to which he was subject, that of a Subject of the British Crown and later Kenya. Begin a Subject of the British Crown, once attained, is for life unless renounced. Being a Kenyan citizen at birth only lasts until the age of majority at which time that citizenship lapses unless formally reaffirmed by the individual.

So if we look at the dictates of Article II Section I Paragraph 5 we now need to determine what did the founding father mean when the inserted Natural Born Citizen when they wrote it into our constitution. We also must remember that the only way to change our constitution is through amendment thereto which needs to be ratified by 2/3 of the various states to become law’ a length and laborious process.

To do this we need for read the many letters, articles and documents called the Federalist Papers written by our founding fathers to provide the answer to this question.

One first needs to put themselves in the time period of the founding fathers, reflect on where they had been and where they were trying to go. The new nation had just fought a bitter and costly war of independence with the British Crown, to throw of the yoke of oppression, which they had suffered under for many years. This was a Monarchy administered by the single hand of the King of England with no meaningful representation of the Colonies. Therefore, the founding fathers did not want to repeat the past and looked beyond England for the answers to form a new government. Almost to a man, the founding fathers were intellectually astute, most spoke several languages, had served in some capacity aboard representing the Colonies prior to the revolution, and very religious, with exceptions. Franklin, having served in France was familiar with a book written by Vattel call the Law of Nations. Vattel was a philosopher, a legal scholar and lived in Switzerland. Being familiar with the works of Vattel Franklin wrote to a friend in France and asked for three copies of Vattel’s writings to help frame our new constitution. This is documented in his letters and the Federalist Papers and therefore of knowledge. Franklin, upon receiving these books kept one for him and left two for the founding fathers to use as their reference. John Jay the first Justice of the Supreme Court and legal source for the founding fathers also used Vattel’s works extensively. When we look at Vattel’s influence on the founding fathers in their deliberations we can understand why the setup our Constitutional Republic, and not a Democracy, or some other form of government; the founding fathers wanted a form of government that could survive, not last a few years and them become something else at the whim of a few.

So if we look at Vattel’s works and see his definition of citizen and natural born citizen we can see what the founding fathers intended without explanation in Article II Section I Paragraph 5.

Read carefully the following:

E. Vattel stated in 1758, as translated into English in 1797:

"The citizens are the members of the civil society: bound to this society by certain duties, and subject to its authority, they equally participate in its advantages. The natives, or natural-born citizens, are those born in the country, of parents who are citizens. As the society cannot exist and perpetuate itself otherwise than by the children of the citizens, those children naturally follow the condition of their fathers, and succeed to all their rights. The society is supposed to desire this, in consequence of what it owes to its own preservation; and it is presumed, as matter of course, that each citizen, on entering into society, reserves to his children the right of becoming members of it. The country of the fathers is therefore that of the children; and these become true citizens merely by their tacit consent. We shall soon see, whether, on their coming to the years of discretion, they may renounce their right, and what they owe to the society in which they were born. I say, that, in order to be of the country, it is necessary that a person be born of a father who is a citizen; for if he is born there of a foreigner, it will be only the place of his birth, and not his country."

E. Vattel, The Law of Nations, Sec. 212 Citizens and natives. In Footnote 1 at the end of Sec. 212, Vattel stated that “as a general rule” the child inherits his father’s citizenship, or his mother’s but only if she isn’t married.

After reading this, and carefully reflecting on the intent of this writing, one can reasonably come to the conclusion that a Natural Born Citizen is one born of mothers and fathers who are already US citizens and in the country of their citizenship.

Some would have you believe otherwise, that all that is required is US Citizenship. They are wrong.

The founding fathers, if you read Article II Section I Paragraph 5 carefully, did, when drafting our constitution, exempt themselves from this requirement because most at that time they could not meet the requirements as most were either born abroad of parents not citizens of the new country, or had been born in the country of non citizens parents, and therefore would not be eligible to serve as president. You will also notice they restricted the waiver to those present in the country at the adoption and ratification of our constitution, and not beyond that time period. The founding fathers wanted citizenship purity of anyone to serve as President and Commander in Chief to ensure no outside influence on that office and its duties to the nation. This again is well established in their writings and documents.

Now lets go back and look at McCain and Obama, and their run for the office.

McCain was born abroad, Panama, and even though born of two citizen parents was born abroad, and even though his parents were US citizens he was born on Panamanian soil and not sovereign US soil; therefore not eligible for the office of president. One could argue that if he had been born at the United States Embassy in Panama that he would have been a Natural Born Citizens since embassy property is sovereign US soil. However, if born on a United States Military Base in Panama, the base is not sovereign soil, but merely leased ground, and therefore still Panamanian soil. The United States Senate in their resolution declared McCain a Natural Born Citizen, and therefore eligible to run for president erred; first because the senate violated our constitution since the constitution does not give them that authority; second they were in effect legislating that which they are not empowered to legislate.

Now Obama, even though the Senate took it upon themselves to weigh in on McCain’s eligibility they completely ignored Obama. Why, only history will answer that question.

When we look at Obama’s eligibility I see vast gaps in his claim of citizenship, because number one he, by his own admission in his book and speeches, acknowledges he is a dual citizen because of his father. Second, there is much controversy about his Hawaiian birth; yet to be conclusively proved. Given these two facts, why was he declared eligible to run for the Office of President of the United States of America without conclusive proof of his eligibility? The answer, I believe, is the complicity of those who wanted anyone, regardless of eligibility, who could win over We The People and wanted change at any cost because of philosophical and political differences. The old axiom is “be careful of what you wish for you may end up fulfilling your wish but not like it”.

Barrack Obama, in my opinion, is not constitutionally eligible to be President of The United States of America simply because he is a dual citizen at best, if in fact he was born in Hawaii; and further not eligible because he cannot meet the requirements of Article II Section I Paragraph 5 thereof.

We have not even delved into his other issues, a possible Kenyan birth, an apparent adoption and his citizenship of Indonesia, his falsification of records (Illinois Bar License Application, Selective Service Records, Passport, College Records} none of which are available for public review since he has ensured to this date they are completely sealed, having spent over one million dollars to keep them from the light of day. Executive Privilege does not even factor into this secrecy since his personal records are not a matter of national security and were created long before he ever ran or was elected to the office. A reasonable person would believe Obama has much to hide; and absolutely nothing to gain by releasing the records, which would clear up this matter and establish his legitimacy for the office.

Who lose if he is declare ineligible for the office, for starters all of those in his cabinet, all of those on his white house staff; and all those behind his nomination and election who wanted our government changed.

We the People are currently the losers in this, since those who voted for an ineligible person to be president were either duped or blinded by the lack of facts. We have all been asleep for too long. We are waking now and as we wake a new dawning is coming starting in 2010 when the mid term elections are held. When you go to the polls remember the ones now sitting in congress, both houses, are complicit in the cover up of Obama’s eligibility, regardless of their reasons. They knew it and did nothing about it out of fear. They took the oath of office, and swore to protect and defend the constitution and immediately thereafter abdicated that oath for their own self-interests not the interested of the nation and We The People. It’s time to vote them out of office starting in 2010.

For reference: Blue for emphasis!

Article II

Section 1.

The executive Power shall be vested in a President of the United States of America. He shall hold his Office during the Term of four Years, and, together with the Vice President, chosen for the same Term, be elected, as follows:

Each State shall appoint, in such Manner as the Legislature thereof may direct, a Number of Electors, equal to the whole Number of Senators and Representatives to which the State may be entitled in the Congress: but no Senator or Representative, or Person holding an Office of Trust or Profit under the United States, shall be appointed an Elector.

The Electors shall meet in their respective States, and vote by Ballot for two Persons, of whom one at least shall not be an Inhabitant of the same State with themselves. And they shall make a List of all the Persons voted for, and of the Number of Votes for each; which List they shall sign and certify, and transmit sealed to the Seat of the Government of the United States, directed to the President of the Senate. The President of the Senate shall, in the Presence of the Senate and House of Representatives, open all the Certificates, and the Votes shall then be counted. The Person having the greatest Number of Votes shall be the President, if such Number be a Majority of the whole Number of Electors appointed; and if there be more than one who have such Majority, and have an equal Number of Votes, then the House of Representatives shall immediately chuse by Ballot one of them for President; and if no Person have a Majority, then from the five highest on the List the said House shall in like Manner chuse the President. But in chusing the President, the Votes shall be taken by States, the Representatives from each State having one Vote; a quorum for this Purpose shall consist of a Member or Members from two thirds of the States, and a Majority of all the States shall be necessary to a Choice. In every Case, after the Choice of the President, the Person having the greatest Number of Votes of the Electors shall be the Vice President. But if there should remain two or more who have equal Votes, the Senate shall chuse from them by Ballot the Vice President.

The Congress may determine the Time of chusing the Electors, and the Day on which they shall give their Votes; which Day shall be the same throughout the United 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.

In Case of the Removal of the President from Office, or of his Death, Resignation, or Inability to discharge the Powers and Duties of the said Office, the Same shall devolve on the Vice President, and the Congress may by Law provide for the Case of Removal, Death, Resignation or Inability, both of the President and Vice President, declaring what Officer shall then act as President, and such Officer shall act accordingly, until the Disability be removed, or a President shall be elected.

The President shall, at stated Times, receive for his Services, a Compensation, which shall neither be encreased nor diminished during the Period for which he shall have been elected, and he shall not receive within that Period any other Emolument from the United States, or any of them.

Before he enter on the Execution of his Office, he shall take the following Oath or Affirmation:--''I do solemnly swear (or affirm) that I will faithfully execute the Office of President of the United States, and will to the best of my Ability, preserve, protect and defend the Constitution of the United States.''

Section 2.

The President shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States, when called into the actual Service of the United States; he may require the Opinion, in writing, of the principal Officer in each of the executive Departments, upon any Subject relating to the Duties of their respective Offices, and he shall have Power to Grant Reprieves and Pardons for Offences against the United States, except in Cases of Impeachment.

He shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur; and he shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the supreme Court, and all other Officers of the United States, whose Appointments are not herein otherwise provided for, and which shall be established by Law: but the Congress may by Law vest the Appointment of such inferior Officers, as they think proper, in the President alone, in the Courts of Law, or in the Heads of Departments.

The President shall have Power to fill up all Vacancies that may happen during the Recess of the Senate, by granting Commissions which shall expire at the End of their next Session.

Section 3.

He shall from time to time give to the Congress Information on the State of the Union, and recommend to their Consideration such Measures as he shall judge necessary and expedient; he may, on extraordinary Occasions, convene both Houses, or either of them, and in Case of Disagreement between them, with Respect to the Time of Adjournment, he may adjourn them to such Time as he shall think proper; he shall receive Ambassadors and other public Ministers; he shall take Care that the Laws be faithfully executed, and shall Commission all the Officers of the United States.

Section 4.

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.