OBAMA WATCH CENTRAL
Supreme Court denies citizenship challenge
http://www.worldnetdaily.com/?pageId=83041
Justices won't give questions about eligibility full hearing

Posted: December 08, 2008
10:54 am Eastern

© 2008 WorldNetDaily

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The U.S. Supreme Court today announced it has 
denied bringing Donofrio v. Wells – one of 
several cases challenging Barack Obama's 
eligibility to serve as president – before a full hearing.

The case of Leo C. Donofrio v. New Jersey 
Secretary of State Nina Mitchell Wells claims 
Obama does not meet the Constitution's Article 2, 
Section 1 "natural-born citizen" requirement for 
president because of his dual citizenship at birth.

<http://www.wnd.com/index.php?fa=PAGE.view&pageId=81550>Where's 
the proof Barack Obama was born in the U.S. or 
that he fulfills the "natural-born American" 
clause in the Constitution? If you still want to 
see it, sign WND's petition demanding the release of his birth certificate.

Unlike many of the lawsuits regarding Obama's 
"natural-born citizen" status, the Donofrio case 
makes no allegation he was born on foreign soil. 
Instead, Donofrio contends Obama was a British 
citizen at birth, because of his father's 
citizenship in a British colony, Kenya.

"Don't be distracted by the birth certificate and 
Indonesia issues," Donofrio writes on his 
<http://www.blogtext.org/naturalborncitizen/article/29871.html>Natural 
Born Citizen blog. "They are irrelevant to 
Senator Obama's ineligibility to be president. 
Since Barack Obama's father was a citizen of 
Kenya and therefore subject to the jurisdiction 
of the United Kingdom at the time of Senator 
Obama's birth, then Senator Obama was a British citizen 'at birth.'"

Obama's 
<http://fightthesmears.com/articles/5/birthcertificate>Fight 
the Smears website confirms that Donofrio is 
correct about the Democrat's citizenship at birth 
but says his dual citizenship with Britain 
expired, leaving him with only American citizenship.

Donfrio, however, contends that the Constitution 
was written in such a way to exclude dual citizens like Obama.

"The Framers of the Constitution, at the time of 
their birth," Donofrio writes, "were also British 
citizens, and that's why the Framers declared 
that, while they were citizens of the United 
States, they themselves were not 'natural born citizens.'"

"Therefore," Donofrio summarizes, "even if he 
were to produce an original birth certificate 
proving he were born on U.S. soil, he still 
wouldn't be eligible to be president."

Donfrio's case was originally denied a conference 
of the judges by Justice David H. Souter, but 
Justice Clarence Thomas agreed to bring it back 
for consideration last week. To go forward, from 
conference to a full hearing, the case needed the 
approval of four of the Supreme Court's nine justices.

As WND has reported, Donofrio's case is 
<http://www.worldnetdaily.com/index.php?fa=PAGE.view&pageId=80928>only 
one of several filed around the country 
challenging Obama's eligibility to be elected 
president under the Constitution.

<http://www.wnd.com/index.php?fa=PAGE.view&pageId=80931>Last 
month WND reported worries over a "constitutional 
crisis" that could be looming over the issue of Obama's citizenship.

<http://www.wnd.com/index.php?fa=PAGE.view&pageId=79900>WND 
senior reporter Jerome Corsi traveled to Kenya 
and Hawaii prior to the election to investigate 
issues surrounding Obama's birth. But his 
research and discoveries only raised more questions.

The biggest question is why Obama, if a Hawaii 
birth certificate exists as his campaign has 
stated, simply hasn't ordered it made available to settle the rumors.

The governor's office in Hawaii said there is a 
valid certificate but rejected requests for 
access and left ambiguous its origin: Does the 
certificate on file with the Department of Health 
indicate a Hawaii birth or was it generated after 
the Obama family registered a Kenyan birth in Hawaii?

Obama's half-sister, Maya Soetoro, has named two 
different Hawaii hospitals where Obama could have 
been born. There have been other allegations that 
Obama actually was born in Kenya during a time 
when his father was a British subject.

Former presidential candidate Alan Keyes and 
others filed a court petition in California 
asking the secretary of state to refuse to allow 
the state's 55 Electoral College votes to be cast 
in the 2008 presidential election until Obama 
verifies his eligibility to hold the office.

The California action was filed by Gary Kreep of 
the <http://www.usjf.net>United States Justice 
Foundation on behalf of Keyes, the presidential 
candidate of the American Independent Party, 
along with Wiley S. Drake and Markham Robinson, both California electors.

"Should Senator Obama be discovered, after he 
takes office, to be ineligible for the Office of 
President of the United States of America and, 
thereby, his election declared void, Petitioners, 
as well as other Americans, will suffer 
irreparable harm in that (a) usurper will be 
sitting as the President of the United States, 
and none of the treaties, laws, or executive 
orders signed by him will be valid or legal," the action challenges.

The California case states, "There is a 
reasonable and common expectation by the voters 
that to qualify for the ballot, the individuals 
running for office must meet minimum 
qualifications as outlined in the federal and 
state Constitutions and statutes, and that 
compliance with those minimum qualifications has 
been confirmed by the officials overseeing the 
election process," the complaint said, when in 
fact the only documentation currently required is 
a signed statement from the candidate attesting to those qualifications.

"Since [the secretary of state] has, as its core, 
the mission of certifying and establishing the 
validity of the election process, this writ seeks 
a Court Order barring SOS from certifying the 
California Electors until documentary proof that 
Senator Obama is a 'natural born' citizen of the 
United States of America is received by her," the document said.

"This proof could include items such as his 
original birth certificate, showing the name of 
the hospital and the name and the signature of 
the doctor, all of his passports with immigration 
stamps, and verification from the governments 
where the candidate has resided, verifying that 
he did not, and does not, hold citizenship of 
these countries, and any other documents that 
certify an individual’s citizenship and/or qualification for office.

The "certification of live birth" posted by the 
Obama campaign cannot be viewed as authoritative, the case alleges.

"Hawaii Revised Statute 338-178 allows 
registration of birth in Hawaii for a child that 
was born outside of Hawaii to parents who, for a 
year preceding the child’s birth, claimed Hawaii 
as their place of residence," the document said. 
"The only way to know where Senator Obama was 
actually born is to view Senator Obama's original 
birth certificate from 1961 that shows the name 
of the hospital and the name and signature of the doctor that delivered him."

The case also raises the circumstances of Obama's 
time during his youth in Indonesia, where he was 
listed as having Indonesian citizenship. 
Indonesia does not allow dual citizenship, 
raising the possibility of Obama's mother having given up his U.S. citizenship.

Any subsequent U.S. citizenship then, the case 
claims, would be "naturalized," not "natural-born."

<http://www.wnd.com/index.php?fa=PAGE.view&pageId=81585>WND's 
petition is available online, and more information is available at this link.


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