If a lawsuit occurred, would President Obama be required to prove birth>?
I don't believe in conspiracy theories, but it has been brought into question that Barack Obama was born in the US. If a lawsuit were to be filed, saying a law was unconstitutional and amongst the reasons given was that Barack Obama is not legally able to president or sign bills into law, by virtue of not having been born in the US, would he be required to produce a legal birth certificate for the court? If he could not or would not, would the law be declared unconstitutional. Would Barack Obama be removed from office, if he could not prove legality, or would he be held in contempt, and thereby be impeachable? I am sincerely seeking facts in this matter.
To be president: a person must have been born in the United States, as well as being at least 35 years of age.
Being a citizen is not sufficient. One must be natively born( i.e. in a state of the US at the time. )
- Whatever4Lv 71 decade agoFavorite Answer
Over 60 lawsuits have been filed about Obama's eligibility and all have been dismissed. The issue is one of "standing." A court can't hear a case unless the court is entitled to hear the case, that there's been or will be a specific injury, and that the court can fix the problem.
Courts have held that it's a "political question" -- a power specifically delegated to one branch in the Constitution. They followed the Constitution, and have said that only Congress has the power to remove a sitting president. In addition, only Congress and the Electoral College can "qualify" the President-elect -- none of the Electors and no Rep or Senator raised an objection. Thus Obama was seated and sworn-in as President. So any lawsuit alleging that Obama was ineligible gets dismissed -- the courts have no jurisdiction (Congress does) and the Courts can't provide a fix (only Congress can).
So a lawsuit could be filed saying a law was unconstitutional (or that a serviceman's orders were given by an illegal Commander-in-chief) because Obama was ineligible. The lawsuit wouldn't make it past the Motion To Dismiss stage, for the reasons above on Standing and Jurisdiction. If the MTD was denied and the case went forward, then the defense (Obama's lawyers from the Dept. of Justice) would stay proceedings and appeal the denial. The case would never get to the point of discovery, let alone trial.
In the unlikely event that a case DID get past the MTD, then Obama simply gets a new copy of the Hawaii Certificate of Live Birth (posted on Factcheck.org) along with an affidavit from the Hawaiian Department of Health (Vital Records) that says how it was generated and that it matches the records they have on file. The Judge then would say OK, looks good to me, case closed.
Getting Obama's name on the ballot is a different matter. Objections can be filed in many states challenging Obama's qualifications to be listed as a candidate. Perhaps the Court of Public Opinion would require Obama to provide further proof. But in any event, birth in Hawaii is sufficient. Any challenge would require better proof than the State of Hawaii as provided --not just rumors.
Natural/Native born citizen requires birth on US soil. Parental status doesn't matter. That's been the rule in this country from the founding. There are only two kinds of citizens: natural born, and naturalized. There is no third class of "born in this country but not a natural born citizen": that was fixed by the 14th Amendment (slaves and their descendants were born in the US but couldn't be citizens.)Source(s): Some great quotes about natural born definition in the US at: http://nativeborncitizen.wordpress.com/natural-bor... http://www.obamaconspiracy.org/2009/01/the-great-m...
- MarjorieLv 45 years ago
There are several problems with the law. First, it leaves out the VP. The VP has the same requirements, but doesn't have to prove them? Second, the bill says nothing about the definition of Natural Born Citizen. Would McCain have been accepted? Birthers (and no one else) can't agree on what defines a NBC. Third, does the 14 years a resident mean total or continuous? (Eisenhower and Hoover weren't continuous). Fourth, Obama would just show his COLB, and according to the Full Faith and Credit Clause of the Constitution, it would be accepted. That won't please the birthers. Fifth, it only applies to the election, but no one votes for the president in the election, they vote for electors. Only in the Primary do people vote directly for candidates. (THAT'S going to cause a crisis if applied at the last minute). Sixth, it only applies to the major party candidates. Not to Independents, or new parties, or write-ins. Seventh, how can states put on MORE restrictions than the Constitution requires? They can't. Silliness and stoopidity.
- 1 decade ago
Lawsuits have already been brought just do a search. Some of them by military personel. I do not know where he was born but I do think if he has a long form birth certificate he should have released it along with his other records, school records especially. The left screamed for months about Bushes military and school records. Obama should relese his. I question one other thing. Was his dad ever a citizen of this Country. If not then he does not meet the Constitutional requirment of a "natural born" citizen. To be a natural born citizen both parents must be citizens. Many people do not understand the difference between a citizen, and a natural born citizen. Check Vattels law of the nations for the definition of natural born citizen that our fore fathers used. Here is an article from a Kenyan news paper you may find interesting.
- 1 decade ago
First off, someone would have to present proof beyond a reasonable doubt that the current documentation is not correct, which is he has a birth certificate stating that he was born in Hawaii, which is one of the 50 States, thus making it a part of the US.
Right now, there has been speculation that he was not born in the US, and that his birth certificate is fake. I really don't know how anyone thought that this man had so much power that he was able to do all this manipulating of the system and of the nation's government to become President. JFK had more influence, and he wasn't able to do this.
It is a dead conspiracy, and unless someone can produce the "smoking gun", it will continue to be nothing more than a pipe dream of those that want him out of power.
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- 1 decade ago
Gotta go with Shelley, above.
If he was born in Hawaii (and it seems to have been established that he was), then he's a natural born citizen (under the concept of jus soli) regardless of the citizenship status of his parents. This is the basis of the uproar over "anchor babies" born to illegal immigrants who are permitted to stay in this country in many cases, because they are the parents of a natural born citizen.
If he was born anywhere other than in the United States, then he is still a citizen (under the concept of jus sanguinis) because his mother was a citizen of the United States (I don't know that anyone has questioned this fact).
Either one of these scenarios results in his being a citizen of the United States.
- Shelley LLv 61 decade ago
Why do people continue to ride this dead horse? Lawsuits HAVE been filed and they keep getting thrown out of court. And, let's remember - his MOTHER was a US citizen, which makes Obama a US citizen, regardless of where he was born.
- 1 decade ago
he should have proof of his birth certificate and if he is not a real citizen of the U.S. then he could not be president. otherwise Arnold should be up next. I myself think he is the president to please the african american community from katrina. it would not matter if 90% of americans voted for anyone else its what the electoral college votes that matters so in reality we do not choose the president. we are there to persuade them to vote for who we choose but they do not have to. next election they will have a mexican candidate who was a principal from a CA school with no political background.
- Anonymous1 decade ago
What I find amazing about this nonissue is the fact that a smattering of inbred republicacns still cling to the fact that the DNC, a number of politicians and a vast majority of Americans DON'T. HAVE. A. PROBLEM. WITH. OBAMA'S. BIRTH. CERTIFICATE.
- 1 decade ago
It has already occurred, and they didn't. Why? I think they were afraid of the politics.