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Saturday, May 16, 2009
BORN IN THE USA?
How to get eligibility
ruling from Supremes
Lawyer outlines strategy
to prompt court decision
Posted: May 16, 2009
12:30 am Eastern
By Bob Unruh
An Ohio State University associate professor who includes election law among his specialties says there is a logical legal strategy to convince the U.S. Supreme Court to rule on the issue of Barack Obama’s eligibility to be president.
Daniel Tokaji, in an interview with WND, confirmed the thesis of a “First Impressions” column he’d written for the Michigan Law Review that a lawsuit in a state court probably would have the best chance at success in obtaining a decision.
WND has reported on dozens of legal challenges to Obama’s occupancy in the Oval Office based on questions over his “natural born citizen” status. The Constitution, Article 2, Section 1, states, “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.”
Some of the lawsuits question whether he actually was born in Hawaii, as he insists. If he was born out of the country, Obama’s American mother, the suits contend, was too young at the time of his birth to confer American citizenship to her son under the law at the time.
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Other challenges have focused on Obama’s citizenship through his father, a Kenyan subject to the jurisdiction of the United Kingdom at the time of his birth, thus making him a dual citizen. The cases contend the framers of the Constitution excluded dual citizens from qualifying as natural born.
Complicating the situation is Obama’s decision to spend sums estimated in the hundreds of thousands of dollars to avoid releasing a state birth certificate that would put to rest all of the questions.