Is Obama legally qualified to be the US President?

[Newt]

This is not a joke. There turns out to be a very real question about his legal eligibility to hold the office. Things may be interesting around here. I'll post the current issue first and at the bottom, post the requirements which are somewhat dry but is info needed for the issues to make sense.

 

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April 1, 2009

 

AP- WASHINGTON D.C. - In a move certain to fuel the debate over Obama's

qualifications for the presidency, the group "Americans for Freedom of

Information" has released copies of President Obama's college transcripts

from Occidental College. Released today, the transcript indicates that

Obama, under the name Barry Soetoro, received financial aid as a foreign

student from Indonesia as an undergraduate at the school. The transcript

was released by Occidental College in compliance with a court order in a

suit brought by the group in the Superior Court of California. The

transcript shows that Obama (Soetoro) applied for financial aid and was

awarded a fellowship for foreign students from the Fulbright Foundation

Scholarship program. To qualify, for the scholarship, a student must claim

foreign citizenship. This document would seem to provide the smoking gun

that many of Obama's detractors have been seeking.

 

The news has created a firestorm at the White House as the release casts

increasing doubt about Obama's legitimacy and qualification to serve as

president. When reached for comment in London , where he has been in

meetings with British Prime Minister Gordon Brown, Obama smiled but refused

comment on the issue. Meanwhile, White House press secretary Robert Gibbs

scoffed at the report stating that this was obviously another attempt by a

right-wing conservative group to discredit the president and undermine the

administration's efforts to move the country in a new direction.

 

Britain 's Daily Mail has also carried the story in a front-page article

titled, "Obama Eligibility Questioned", leading some to speculate that the

story may overshadow economic issues on Obama's first official visit to the

U.K.

 

In a related matter, under growing pressure from several groups, Justice

Antonin Scalia announced that the Supreme Court agreed on Tuesday to hear

arguments concerning Obama's legal eligibility to serve as President in a

case brought by Leo Donofrio of New Jersey . This lawsuit claims Obama's dual

citizenship disqualified him from serving as president. Donofrio's case is

just one of 18 suits brought by citizens demanding proof of Obama's

citizenship or qualification to serve as president.

 

Gary Kreep of the United States Justice Foundation has released the results

of their investigation of Obama's campaign spending. This study estimates

that Obama has spent upwards of $950,000 in campaign funds in the past year

with eleven law firms in 12 states for legal resources to block disclosure

of any of his personal records. Mr. Kreep indicated that the

investigation is still ongoing but that the final report will be provided to

the U.S. attorney general, Eric Holder. Mr. Holder has refused to comment

on the matter.

 

PS/New investigation shows more info showing Obama at least a dual citizen and

now will be heard before the Supreme Court.

 

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To be President, not only must you be a citizen, but you must also be natural-born.

 

Natural-born citizen

 

Who is a natural-born citizen? Who, in other words, is a citizen at birth, such that that person can be a President someday?

 

The 14th Amendment defines citizenship this way: "All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside." But even this does not get specific enough. As usual, the Constitution provides the framework for the law, but it is the law that fills in the gaps.

 

Currently, Title 8 of the U.S. Code fills in those gaps. Section 1401 defines the following as people who are "citizens of the United States at birth:"

 

* Anyone born inside the United States *

* Any Indian or Eskimo born in the United States, provided being a citizen of the U.S. does not impair the person's status as a citizen of the tribe

* Any one born outside the United States, both of whose parents are citizens of the U.S., as long as one parent has lived in the U.S.

* Any one born outside the United States, if one parent is a citizen and lived in the U.S. for at least one year and the other parent is a U.S. national

* Any one born in a U.S. possession, if one parent is a citizen and lived in the U.S. for at least one year

* Any one found in the U.S. under the age of five, whose parentage cannot be determined, as long as proof of non-citizenship is not provided by age 21

* Any one born outside the United States, if one parent is an alien and as long as the other parent is a citizen of the U.S. who lived in the U.S. for at least five years (with military and diplomatic service included in this time)

* A final, historical condition: a person born before 5/24/1934 of an alien father and a U.S. citizen mother who has lived in the U.S.

 

* There is an exception in the law - the person must be "subject to the jurisdiction" of the United States. This would exempt the child of a diplomat, for example, from this provision.

 

Anyone falling into these categories is considered natural-born, and is eligible to run for President or Vice President. These provisions allow the children of military families to be considered natural-born, for example.

[chesters1]

is anyone qualified to be a leader ,is there a school of presidency?

[Cranfield]

The pathetic wriggling and whining of die hard Republicans that just can't accept that Obama got elected, is becoming very tiring.

 

When Bush was making a fool of himself and his country, all the Republicans were saying, "we should support the POTUS (I thought POS was a better abbreviation) regardless of our political views", its a pity they can't apply the same principle to Obama.

 

He's young, gifted and black, get over it.

[barry luxton]

Quote;

 

This study estimates

that Obama has spent upwards of $950,000 in campaign funds in the past year

with eleven law firms in 12 states for legal resources to block disclosure

of any of his personal records.

 

Why is that then. Money well spent?

[five bellies]

Hello Newt,

 

You are far more informed than I about the law in the USA, but it was my understanding that the president had to be born in USA territory and that was the only stipulation as to the candidates credentials,

 

Where was Obama born?

[kleinboet]

FB - You took the words out of my mouth! Newt, he could become president if his parents moved from Indonesia to the states and he was born there! Until he gets his own, he is added to his mothers (Indonesian?) passport.

[Cranfield]

http://www.snopes.com/politics/obama/birthcertificate.asp

[gozzer]

http://www.snopes.com/politics/obama/birthcertificate.asp

 

 

As soon as I read this paragraph the whole thing lost any credibility for me.

 

Britain 's Daily Mail has also carried the story in a front-page article

titled, "Obama Eligibility Questioned", leading some to speculate that the

story may overshadow economic issues on Obama's first official visit to the

U.K.

 

Whoever wrote it obviously doesn't know the British press.

 

John.

[captain cojones]

I thought that bit funny too

[Newt]

I have no idea what the outcome of this whole mess will be.

 

I did not support Obama and would have much preferred to see him lose the election but now that he is the President, I suspect that removing him would be a major disaster for us and hope not to see that happen. I'm not even sure if his removal would leave the Vice President taking over or the election nullified and needing doing all over again.

 

I do think that this issue will not be going away until the high court eventually has to deal with it and make a ruling.