Tuesday, December 16, 2008

Open Letter to U.S. Congress and U.S. Senate



December 13, 2008


Re: The Constitutional Eligibility of the President-elect


Is Barack Obama a Natural Born Citizen as defined by Article II, Section I, of the United States Constitution?


Every President born before the adoption of the Constitution was eligible because of the grandfather clause of Article II, Section I:


"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."


As long as the parents gave birth to the future President on US soil after they became citizens, then that person is a natural born citizen. Since none of the drafters of the Constitution were US born, the grandfather clause allowed for 'Citizens of the United States at the time of the Adoption of the Constitution' to become Presidents. After that no person except a natural born Citizen could become President of the United States.


Barack Obama had dual nationality at birth. The status of the candidate at the time of the election is not relevant to the provisions of the Constitution. What is relevant is his status “at birth.” If one is not “born” a natural born citizen, he can never become a natural born citizen.


Since Barack Obama's father was not a United States Citizen at the time of the President-elects birth, Barack Obama is not a natural born citizen.


The President-elect has maintained that he was born in the United States. Even this fact has yet to be proven conclusively. It has not been proven to date, because Obama has chosen to spend $500,000 in legal fees to avoid turning over a $20 "Certificate of Live Birth". One has to wonder what, if anything, he may be hiding. However this has nothing to do with the ‘Natural Born’ issue.


The real question is not whether Barack Obama was born in the United States, and thus a Citizen of the United States. The real question is does he qualify as a “Natural Born” US Citizen?


There are three types of US Citizens: Natural Born Citizen, Citizen by Birth, and Naturalized Citizen. Allow me to clarify:


Natural Born Citizens


A Natural Born Citizen is one who was born to parents who were both US Citizens, at the time of the birth, and who was also born on US soil. In support of this I will quote this passage from the book, “The Law of Nations” – Monsieur De Vattel. Our founding fathers most likely formed our Constitution from Vattel’s writings. The following was published in 1758.


§ 212. Citizens and natives.

· 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.


Citizens by Birth


· Example 1: If two illegal or non-US citizens come into the US and have a child, that child is born with dual citizenship: US and that of their parent’s country. The child in this case is considered a US Citizen but is not Natural Born due to being born with dual status.


· Example 2: If a child is born in the US to one US citizen parent, and one non-US citizen parent, that child is likewise born with dual citizenship: US by virtue of one parent, and with that of the other parent’s country. The child in this case may be considered a US Citizen, but is not Natural Born due to being born with dual status.


Naturalized Citizens


A Naturalized citizen is one who was not US born or who gave up their citizenship, but later became a US citizen through naturalization.

The Main Point

The main point is that since Barack Obama was a British citizen - at birth - a fact he admits is true, then he cannot be a “natural born citizen”. The word “born” has meaning. It deals with the status of a presidential candidate “at birth”.


Where did Obama make this admission? On his fightthesmears.com website for one (attachment 1), which references the admission on the factcheck.org website (attachment 2).


Barack Obama had dual nationality at birth. The status of the candidate at the time of the election is not relevant to the provisions of the Constitution. What is relevant is his status “at birth.” If one is not “born” a natural born citizen, he can never become a natural born citizen.


Since Barack Obama's father was not a United States Citizen at the time of the President-elects birth, Barack Obama is not a natural born citizen.


It's just that simple, yet most Americans have completely missed this point. Some have missed this because they are not familiar with the constitution. Some have been misled by the media. Others have been misled by Obama himself as I will now address.


Why Obama’s Long Form Birth Certificate is Prima Facie Evidence


I have attached a copy of my Certificate of Live Birth (attachment 3) which was originally issued by the State of Michigan on Sept. 20, 1960. Please note the following information:


  • Father of Child - Age of Father, Birthplace of Father (State or Foreign country).

  • Mother of Child - Age of Mother, Birthplace of Mother (State or Foreign country).

  • Name of Hospital or Institution

  • Attendant at Birth – MD, Midwife, or Other.

I have also attached a copy of Barack Obama’s Certification of Live Birth (attachment 4). Notice the Obama’s Certification of Live Birth is missing the four items noted above that are on my birth certificate.


Of vital importance is the information regarding the Birthplace of Barack Obama’s Father? American’s who have read Obama’s books, know for a fact that his Father was a Kenyan Citizen, who came to the United States to attend college, and then returned to Kenya. And that Barack Obama’s father never became a citizen of the United States at any time during his life. It is clear from Obama himself that his father was not a US Citizen at the time of the president-elect’s birth.


Those who have not read Obama’s books relied on the Certification of Live birth posted by Obama on his website, which omits this vital information. Many of them have ‘assumed’ that Obama meets the qualification of being ‘Natural Born’. Many simply have assumed that Obama’s father was an immigrant who became a naturalized citizen before the president-elect was born.


Thus, the Long Form, Certificate of Live Birth would be prima facie evidence, and is required in order to prove whether or not Obama is qualified to be President. The Certification of Live Birth posted by Obama on his website is also prima facie evidence of Barack Obama’s intent to deceive the masses and the media into believing that he is qualified. Obama’s deceit is that the Certification he posted as proof, omits the facts necessary to make an informed judgment.


Obama Cannot be President


When the US Constitution is clear on a matter, we are not supposed to re-think "what difference does it make to the future of this country." If we do this re-thinking at every step, we would not need a Constitution; we would merely cogitate on how proposal X will affect our future. In short, no need for a Constitution.


In this case, the Constitution is very clear. Article II, Section 1 states, "no person except a natural born citizen ... shall be eligible to the Office of President." If the president elect is not natural born, then he cannot be President.


At the time of his birth, Obama was a British/Kenyan citizen by descent of his father.


Presidential Precedent


Other than the alleged fraud perpetrated by Chester Arthur (see the relevant articles at http://naturalborncitizen.wordpress.com/2008/12/06/urgent-historical-breakthrough-proof-chester-arthur-concealed-he-was-a-british-subject-at-birth/), every post grandfather clause President of this nation was born in the United States to parents who were US Citizens. In their wisdom, our forefathers recognized the danger in having people born under the jurisdiction of another country taking the role of commander in chief.


They did this recognizing that multitudes of loyal men wouldn’t be eligible, but they also knew that they couldn’t see into the soul of all possible candidates, so just to be safe, they put a restriction in the Document which is there to protect us from a sneak attack in the oval office by somebody who might have loyalty to another nation. The framers themselves were good men, loyal to this infant nation, but they recognized that people like them had to be excluded from future Presidential eligibility as an order of protection.


Obama’s Admission


Like it or not, rich or poor, great or strong, Democrat or Republican, Obama was born under the jurisdiction of Great Britain via Kenya. There is nothing conspiratorial about saying that. Obama has it posted on his own web site. Here’s what it says at Obama’s web portal, Fight The Smears:


  • When Barack Obama Jr. was born on Aug. 4, 1961, in Honolulu, Kenya was a British colony, still part of the United Kingdom’s dwindling empire. As a Kenyan native, Barack Obama Sr. was a British subject whose citizenship status was governed by The British Nationality Act of 1948. That same act governed the status of Obama Sr.‘s children.

There it is. Obama is telling you his status was “governed” by a foreign jurisdiction. This is no theory. This is a fact.


The Opposing Argument


The opposing media argument concerns the will of the people in the election and that neither Supreme Court nor any other legislative body should overturn the intent of 65 million voters. It’s an argument that fails - if the candidate is not Constitutionally eligible then the election was a fraud no matter how many voted for Obama.


The people are subservient to the Document and if we don’t keep it that way, we have plenty of historical examples throughout history detailing exactly what will happen to us if the Document is defeated.


Regardless, should the people demand that Constitutional restrictions in Article 2, Section 1, be removed from the Document, they can lobby their political representatives to introduce an amendment, and if such amendment were to be ratified by three-quarters of either the state legislatures, or of constitutional conventions specially elected in each of the states, then they can have any President they like.


But as long as Article 2, Section 1, is controlling law, it’s those who are trying to attack all review of the law who are the conspiracy theorists.


The 20TH Amendment to the Constitution Is Clear


"If a President shall not have been chosen before the time fixed for the beginning of his term, or if the President elect shall have failed to qualify, then the Vice President elect shall act as President until a President shall have qualified ..."


The US Constitution tells us exactly what to do in the current situation. The election is not some kind of deadline. Even the true election by Electors is not the deadline. The deadline is "the time fixed for the beginning of his term." That would be January 20, 2009. We have not yet reached the Constitutional deadline. The Constitution even hints that there is, or should be, some kind of qualification process: "if the President elect shall have failed to qualify."


If we find that Obama is not natural born, then the Constitution says Joe Biden shall be President until the Presidential matter gets sorted out. Everything about that is horrible. Unfortunately, it is exactly what the Constitution says we shall do. It does not "suggest"; it says "shall."


Are we to apply the Constitution only in cases where it is convenient to do so? Failure to act now will set a new precedent for years to come. Failure to act will in itself be an action to undermine the United States Constitution.


I therefore pray that you as honorable members of the United States Senate, and House of Representatives will request the appropriate documentation, make a determination regarding the qualifications of Barack Obama, and settle this matter before the Certification of the Electoral College. I also would request that you refer this matter to other Federal agencies as you see fit in order to bring justice and to ensure that our Constitution is upheld.



Sincerely,



Larry M. Walker Jr.