Wednesday, July 29, 2009


Obama is Guilty on at least one count of false swearing.

[Ed. This story was edited and updated at 7:38 AM on July 28, 2009 to reflect that only one count of false swearing is documented by the document below. The original story included two counts based upon two statements allegedly given to the State of Arizona and the State of Virginia. This was originally posted by The Obama File blog. That blog was wrong in that the two documents were actually separate pieces of one document forwarded by Obama to the State of Arizona. The notary was in Virginia and that is where the confusion arose. Below is a signed sworn statement by Obama forwarded to the State of Arizona and notarized by a notary in Virginia. The legal analysis remains unchanged and unedited from my original post.]

On Nov. 30, 2007 Obama swore to and signed the document below:

Arizona full version swear

The US Constitution requires that the President must be a "natural born citizen" of the US. The Constitution makes a clear distinction between a basic citizen – who may be a Senator or Representative – and a "natural born citizen" – the higher standard which is required for the President/Commander In Chief.

Obama was a Constitutional law professor and Harvard Law graduate running for President. He was fully aware of the most on point US Supreme Court holding which discussed the meaning of "natural born citizen" – Minor v. Happersett – wherein the Supreme Court stated:

The Constitution does not, in words, say who shall be natural-born citizens. Resort must be had elsewhere to ascertain that. At common-law, with the nomenclature of which the framers of the Constitution were familiar, it was never doubted that all children born in a country of parents who were its citizens became themselves, upon their birth, citizens also. These were natives, or natural-born citizens, as distinguished from aliens or foreigners. Some authorities go further and include as citizens children born within the jurisdiction without reference to the citizenship of their [88 U.S. 162, 168] parents. As to this class there have been doubts, but never as to the first. For the purposes of this case it is not necessary to solve these doubts.

In the Minor case, the person wasn't running for President of the US so the court didn't have to reach the nbc issue. But the court did note that the foreign nationality of a native born person's parents could effect that native born person's natural-born citizen status.

Furthermore, the court also stated that the definition of "natural-born citizen" was not found in the Constitution so "Resort must be had elsewhere to ascertain that." Why is this important?


The most predominant argument that Obama is Constitutionally eligible to be President relies on the wording of the 14th Amendment which states that a person born on US soil and subject to the jurisdiction thereof is a US citizen. But the 14th Amendment does not say that every person born on US soil is a "natural-born citizen", it just says "citizen". Obama supporters have argued that 14th Amendment citizenship makes one eligible to be President and satisfies the natural born- citizen requirements of Article 2 Section 1. This is the "native born" = "natural born" argument.

The 14th Amendment was adopted in 1868. But the Minor decision was issued in 1874 wherein SCOTUS said:

The Constitution does not, in words, say who shall be natural-born citizens. Resort must be had elsewhere to ascertain that.

The 14th Amendment had already been part of the Constitution for six years when SCOTUS made that statement. SCOTUS clearly and unequivocally states in Minor that the 14th Amendment does NOT define who is a "natural-born citizen". Anybody who says the 14th Amendment does define "natural-born citizen" is lying and/or ignorant as to the Supreme Court's holding in Minor – the most on point discussion of the definition of the Article 2 Section 1 "natural-born citizen" requirement for POTUS.

Obama - the famed brilliant Constitutional scholar – had to be aware that the most directly on point US Supreme Court case in our nation's history directly stated that there were doubts as to his nbc status. Yet, regardless of these doubts expressed by the highest court in the land, Obama went ahead and swore – under oath – that he was eligible to be President.


1 comment:

DawnGaye said...

Thank you for the very interesting piece. Do you know why the page you link to on NBC comes up error 404, page not found? Thank you.