Xsarus wrote:
Gbaji, people challenged Obama's citizenship. He provided documentation he believed proved he was what he said he was.
Incorrect. They challenged his status as a "natural born citizen", which is not the same thing. Obama presented a document which does not prove his status as a natural born citizen. He may as well have presented us with a copy of a note from his 5th grade teacher saying what a good American he was and it would have been only slightly less relevant to the question being asked.
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The courts, congress, everyone who had the ability to challenge the issue accepted it as proof.
Cite? No one has officially accepted that as proof. Lots of pundits and bloggers have, but that's not the same thing. Congress has never held a single session or hearing on this matter. The Courts have never heard this particular argument in court. They have only heard briefs and most of the cases (all of them relevant to this particular charge) have been dismissed for lack of standing. That doesn't mean that the other side proved their case. It only means that the individual plaintiff can't show that they have a stake in the outcome (ie: that they have been harmed by the action they are challenging).
That's not the same thing. No one has proved that this document is sufficient to establish natural born citizenship. No one has even officially considered the matter. That's why I said that it's being tried in the court of public opinion, when it should be tried in the Supreme Court.
Aren't you guys usually the first to argue that a majority doesn't rule in cases where the constitution is involved? So, that applies to a woman getting an abortion, but not to the requirements for a president to serve the office? Why? They are both constitutional matters. We should not dismiss this just because it appears as though a majority of people believe a particular way.
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Some crazy fringe people kept insisting it was a huge issue. When people are crazy, we usually ignore them.
Funny. I decide if things have merit based on an examination of the facts, not by whether or not I like the people involved or think they are a "fringe group".
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You don't think it's proven, for whatever reason.
Because it hasn't? What do you think the burden of proof for this should be? To prove it, shouldn't he have to present the most relevant documentation available? He presented an electronic copy of a document which contains some, but not all, and most importantly not the information relevant to determining natural born citizenship.
How does that prove anything? It doesn't. I've carefully and completely outlined why I believe that the document he presented isn't sufficient to prove his natural born citizenship. You're free to check on your own what the laws are and have been in Hawaii regarding different types of birth certificates if you want.
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Now since you agree that the original form will say that he was born in Hawaii, lets say we open the document and all it says is that, with no record of a hospital. What happens then? Nothing, because it still says he was born there.
First off. I don't know what it will say. It could say that he was born somewhere else, and then have a notation that the birth location was amended sometime later. I don't know. That's why I'd like someone to look at it and tell us. Gee. Wouldn't that just clear things up?
If it does indicate as you said, then it would be up to the Supreme Court to determine if the burden of proof for qualification for President rests on the applicant, or burden of lack of proof rests on someone else. I suspect the former, because it's the only process that makes sense and can be enforced. At that point, it becomes a question as to whether or not said application constitutes sufficient proof of natural born citizenship.
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There is no case to make. I mean people will still mutter but it won't accomplish anything. That's why people dismiss the idea as stupid, because it has been proven.
It hasn't been proven. That's the problem. And yeah. People will mutter either way, but isn't it better to go through the process and make the determination instead of leaving the issue in limbo? You seem to be arguing that we shouldn't pursue this only because we might not like the results at the far end. I think there's value in establishing some kind of legal precedent in this area of law, regardless of the outcome. That way, the next time an issue like this comes up, we'll have a better idea where we stand and what constitutes "proof".
Trust me. I have absolutely zero stake in proving that Obama isn't a natural born citizen. The last thing I want is for us to have President Biden running the show. Think about it...
It's really about following the proper process of law here. This is a constitutional matter. There's no doubt about that. Why not let the process take its course and see where it leads us? I just don't see how our legal and political process benefits by avoiding this issue instead of facing it head on. You will continue to have nutters on both sides no matter what. But right now, despite quite a bit of nutterism going on, there really are legitimate constitutional questions at stake. How about we answer them?
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I guess we'll see when the courts completely ignore the issue, because there isn't one.
The courts shouldn't be ignoring this issue. What they should be doing is welcoming the opportunity to establish some precedent in this area of constitutional law. Right now there is absolutely *zero* Supreme Court history on this issue. Largely because it's incredibly difficult for the correct conditions to present themselves for the court to have any reason to hear a case involving the natural born citizenship clause. It can *only* occur if someone who's running for president is suspected of not being a natural born citizen, and then only if a plaintiff can show harm from this.
Well. Those conditions have finally, for the first time in our nation's history, been met. Let's not avoid the issue, but face it head on.