The Eligibility Question has been answered

KEEP IT SIMPLE, STUPID! EXPANDED

by Arnie Rosner

McCain was vetted by the standard of having two U.S. citizen parents, but Obama was not held to that standard, nor do we know where he was born.

(May 13, 2010) — There is no point in discussing or debating the eligibility issue further. The legal basis is well-established and requires no additional response.

We must no longer permit ourselves to be victimized by divisive progressives who have been trained to employ the Alinsky strategy of keeping those on the right side of the issue on the defensive. It is a well-known delaying tactic described in Rule #8 below:

RULE 8: “Keep the pressure on. Never let up.” Keep trying new things to keep the opposition off balance. As the opposition masters one approach, hit them from the flank with something new. (Attack, attack, attack from all sides, never giving the reeling organization a chance to rest, regroup, recover and re-strategize.)

We must face facts! Obama is ineligible!

No additional explanations will change the circumstances! Obama is ineligible!

The discussion is over! Obama is ineligible!

The facts are apparent! Obama is ineligible!

They know it! Obama is ineligible!

We know it! Obama is ineligible!

Mr. Obama is ineligible to hold the office of the president!

Congress is responsible:

Congress is responsible for oversight of the Executive Branch. Make the demands of your Congressman to:

  • Fulfill their responsibility to honor their Oath.
  • Fulfill their responsibility as the duly-elected representatives of the American citizens to whom they owe their trust and commitment.
  • Fulfill their responsibility to the Constitution to which they owe their allegiance.

Congress, based on its sacred oath to protect and defend the Constitution from all enemies, both foreign and domestic, is the legal authority which is accountable and responsible for upholding the supreme laws of the land, the Constitution. They cannot delegate or abdicate this responsibility!

Therefore, petition your Congressional representative to step forward and do their job!

Else, if necessary, “we the the people” will step forward and do it for them. If so, we can give the assurances it will not be pretty!

Put your Congress person on notice!

If this be the case, Congress can be assured nary an incumbent will be left standing in November!

32 Responses to "The Eligibility Question has been answered"

  1. AuntieMadder   Sunday, May 16, 2010 at 10:50 PM

    Thank you for this, WAYK. It confirms what I believe to be true. I’m not lawyer or scholar but it doesn’t take either to know that, should the NBC issue go before the SCOTUS, right or wrong, Obama will come out on top. I’ve posted comments explaining why I believe this in the article here titled “Note to Obama supporters: even a birth in Hawaii is not enough.”

  2. Vic Hern   Sunday, May 16, 2010 at 6:54 AM

    http://www.scribd.com/doc/31271319/Obama-s-CERTIFICATION-of-Live-Birth-form-reveals-Birth-Registration-FILED-but-never-fully-ACCEPTED#fullscreen:on

    I interpret this to mean that in 1961 some information was filed requesting
    a birth registration for a male baby, but that information was NEVER accepted as factual enough to warrant the issuance of a Hawaiian birth registration certificate.

  3. WAYK   Saturday, May 15, 2010 at 5:45 PM

    Arnie Rosner never actually told us what the answer is to The Eligibility Question.

    Given Obama has not produced a Hawaii birth certificate from 1961; Obama lied about being born in a Hawaii hospital; Obama posted a forged COLB online; Hawaii DoH will not acknowledge Obama’s forged COLB; and Hawaii DoH will not issue a non-certified copy of Obama’s birth certificate for comparison purposes (although retaining the authority to do so): we must conclude that Obama was not born in the US, is NOT a natural born citizen, Hawaii DoH knows about it, and DoH officials have colluded with Obama in fraud. These are FACTS upon which a legal party with standing (e.g. Lt. Col. Lakin) can initiate the restoration of legitimate government to America. The constitutional and political aftermath would likely be decisive and historic.

    Another argument for Obama’s ineligibility holds this OPINION: since the Framers of the US Constitution consulted Vattel’s treatise The Law of Nations in the drafting, they must have intended that a natural born citizen be defined as one who is born in the US to parents who are US citizens. However, if we apply the time-honored canons of statutory interpretation, had the Framers intended to define a natural born citizen in some way other than previously established in law they should have incorporated this definition into the Constitution. Since in all matters the Constitution never “intends” but determines, specifies, and mandates, the Obama ineligibility controversy itself shows the Framers did not bring forward a new definition.

    What they did was ratify the X Amendment and reserve all powers not delegated the US to the states. The power to naturalize citizens was delegated by the US Constitution in Article 1(8)(4). The power to define natural born citizenship, not being defined in the Constitution or delegated to the US, was thereby reserved to the states, all of which had incorporated applicable common law into state law. Why was the power to define natural born citizens reserved to the states and not defined in the Constitution? To reserve to the states the power to define who was a slave and who was free, without which power there probably would have been no United States or Constitution as we know them, since it’s hard to imagine the slaves being allowed to vote. Thus a natural born citizen was defined by right of birth in a state of the Union. The acknowledged Father of the Constitution, James Madison, outlined the position to Congress in May 1789:

    “It is an established maxim that birth is a criterion of allegiance…it is what applies in the United States… I conceive that every person who owed this primary allegiance to the particular community [i.e. colony] in which he was born retained his right of birth, as the member of a new community [i.e. state]… it was through his membership of the society of South-Carolina [the case in point], that he owed allegiance [to the US]…”

    Furthermore, if a ruling by a federal court is sought with regard to Obama’s eligibility in terms of Article 2(1)(5) it should be remembered this can only be made in the context of the decision of SCOTUS in Erie v. Tompkins, which requires federal courts to identify the sovereign legal instrument (federal or state) for every rule of decision. The opinions, philosophical treatises, letters, or intentions of statesmen, scholars, and judges, even of the eminence of Vattel, Jefferson, and Jay, are not sovereign legal instruments and so cannot be used by federal courts to define the constitutional meaning of “natural born citizen”. Problem: there has been no American sovereign legal instrument which defined a natural born citizen in terms used by Vattel etc. or Vattel’s Law of Nations, and no federal court has the authority to use Vattel to hand down such a definition (unless SCOTUS reverses itself). This takes us beyond opinion into the area of long-established legal FACT, starting with the resolution of the Continental Congress in 1776 that “all persons abiding within any of the United Colonies…owe allegiance…thereto.” Allegiance is not a feeling but an objective legal status, which also naturally applied to the children of all such persons so abiding. Consequently the presumption of allegiance, and the newly adopted state laws which incorporated common law, together defined an Article 2(1)(5) natural born citizen. Any brief referring to Vattel etc. but unable to cite a corresponding federal or state sovereign legal instrument will, unfortunately, fail in court. Obama knows this.

    Conversely, the Naturalization Act of 1795 to make citizens of the children of US citizens born abroad is conclusive evidence that anyone born abroad does not satisfy the constitutionally reserved state-and-common law definition of “natural born”: these very words were excised from the repealed Naturalization Act of 1790 and are not found in any subsequent legislation.

    The Eligibility Answer – Obama is NOT eligible because he cannot (as he must) PROVE birth in the US, almost certainly due to foreign birth: support Lt. Col. Lakin.

  4. WAYK   Saturday, May 15, 2010 at 5:02 PM

    There is a flaw in btw’s argument, concerning Obama’s allegiance, from within the British statute cited as evidence. btw has missed Section 32 of the British Nationality Act 1948, which prevented illegitimate children being considered British citizens by DESCENT. Obama’s father was legitimately married in 1957 in Kenya according to British law, which recognized local, traditional marriages as legally contracted and enforceable in local courts. Given his father was a bigamist, Obama Jr. was illegitimate under British law and he was NOT a British citizen at birth by DESCENT. From the admission against interest by Obama’s mother in “Dreams from My Father” (which she proof-read) it can be inferred that Obama and his lawyers know this, his false claims (surprise, surprise!) to British and Kenyan citizenship by DESCENT notwithstanding.

    Whatever the theoretical merits or demerits of arguing dual allegiance, it cannot be made to apply to Obama. Obama is ineligible because he is unable to PROVE his birth in the US. Any birth “record” he might provide would have been delayed and-or amended and that is not acceptable evidence of the facts of birth according to Hawaii law, to which federal courts should defer. Eligibility under Article 2(1)(5) MUST actually be proved the case and CANNOT be assumed the case, while Hawaii DoH has confirmed no affidavits or other evidence were supplied to register Obama. Obama has nothing, that’s why we get to see nothing, thus Obama is not a legitimate President.

    As for the XIV Amendment, no legal authority will support btw’s notion that if a child born in the US has a non-citizen parent that child is not covered by the Amendment. Such children are legally registered as US citizens many times every day. However the XIV Amendment only applies to a child born within the US, which Obama himself cannot prove.

  5. yo   Saturday, May 15, 2010 at 6:28 AM

    I’m posting a comment i found over at citizenwells. If this comment is true, and I suspect it is, it just adds to the evidence of the ongoing destructive force of liberalism.
    ————————————————

    “Obama is not a Native US Citizen

    Bouvier’s Law Dictionary ^ | 1928 | William Edward Saldwin

    Posted on Friday, May 14, 2010 6:21:18 PM by bushpilot1

    http://www.freerepublic.com/focus/f-news/2513818/posts

    “Meandering through my 1928 Edition of Bouvier’s Law Dictionary on page 833, Native, Native Citizen is defined:

    Those born in a country, of parents who are citizens.

    If Obama does not meet the standards of a native citizen how can he be a natural born citizen.””

  6. Tom   Saturday, May 15, 2010 at 12:49 AM

    Dianne Feinstein’s name has come up a couple of times in these “comment” posts
    Well…. check out what old Dianne had to say when a bunch of idiots in Congress got together in 2004 to consider tampering with Article II Sec1 Cl5:
    “Democratic senator Dianne Feinstein expressed opposition. To eschew any hint that her reservations reflected hostility toward immigrants… She… stated that her mother had come from Russia and her father’s parents had come from Poland and Lithuania She expressed some general concern about national unity and argued that waiting a generation to ensure adequate assimilation made sense as a qualification for the presidency (U.S. Senate 2004, 29-30).

  7. Hammer Down   Friday, May 14, 2010 at 10:30 PM

    https://www.usimmigrationsupport.org/dual-citizenship.html
    What is Dual Citizenship:
    “Dual citizenship means that an individual is a citizen of two countries at the same time. It is also possible to be a citizen of three or more countries. However, every country has its own laws regarding dual citizenship. Some countries allow it and others do not, while some countries have no particular laws regarding dual citizenship. Dual citizenship is not something that can be applied for. It is a process that happens when a person becomes a citizen of another country, in addition to his or her country of birth. Dual citizenship occurs automatically for some individuals. For example: a child is born in the United States to foreign parents. In this example this child has U.S. Dual Citizenship since the child is automatically a citizen of the United States and a citizen of its parent’s home country. The same applies to children of U.S. citizens born abroad where the child is both a U.S. citizen and a citizen of the country of birth.”

    I believe the “dual citizen” term applies to Barry O and needs no Supreme Court interpretation.

  8. btw   Friday, May 14, 2010 at 8:33 PM

    I’d like to bring a correction to comments that use a term: Obama’s dual citizenship at birth. I’m using the term : Obama’s dual allegiance at birth.

    Under the British Nationality Act 1948[BNA 1948], Obama’s father was a British citizen/subject . Under the same BNA 1948, at birth, regardless of where he was born, Obama also became a British citizen/subject by descent from his British father.

    But Obama couldn’t be a US citizen at birth according to 14th Amendment even he was born in Hawaii (as he alleges) because “…not owing allegiance to any foreign sovereignty…” is the requirement to be a citizen at birth together with the requirement to be born in the US. The whole related stuff was considered in “The ultimate proof of Obama’s Ineligibility to be President Of The United States (POTUS) according to the Constitution” that could be reached following
    http://www.thepostemail.com/2010/05/13/the-eligibility-question-has-been-answered/comment-page-1/#comment-10518

    (please don’t forget about a “prescription” there for everybody who is interested to ACT – What To Do about that: a widest dissemination of the /potentially “self-exploding”/ flyer “To Fellow American Citizen!” – the only way /in current circumstances/ to inform /despite the mainstream media, Congress, and courts/ WE THE PEOPLE about the Constitutional problem of Obama’s Ineligibility).

    So Obama had not a dual citizenship but a dual allegiance at birth (according to the Constitution he maybe isn’t a US citizen at all – we almost may be sure that he didn’t apply for naturalization).

  9. MeJane   Friday, May 14, 2010 at 4:43 PM

    I heartily agree, what is out there on this issue like the where’s the birth certificate billboards are vague and only reinforce the leftist misdirection of the birth certificate “birther” type aspect, which is not the issue at all and plays right into where the left wants us – looking foolish and discredited. Our Constitutional law of Article II is the true aspect, his ineligibility due to his dual citizenship. Or how about : There’s Been A Bloodless Coup?! Our country should to be profoundly worried, a 14th amendment citizen President is a great wound to our Constitution and Republic. Both political parties and Congress participated in this bloodless coup. The end game will have us with another 14th amendment President, a naturalized citizen – Soros maybe?

  10. James Carter   Friday, May 14, 2010 at 8:32 AM

    From that article at http://www.csmonitor.com:
    “According to the certification of live birth (which is considered the same as a birth certificate, legally), he was born in Hawaii on August 4, 1961.

    That’s been confirmed by factcheck.org.”

    Up until sometime between 06/08/09 and 06/18/09 the Department of Hawaii Home Lands (“DHHL”) did NOT consider a Hawaii “Certification of Live Birth” the same as a Hawaii “Certificate of Live Birth”. In fact, the DHHL did not consider the former sufficient evidence of being born in Hawaii, only the latter.

    That’s been confirmed by http://www.theobamafile.com

  11. njre   Friday, May 14, 2010 at 7:15 AM

    So true! All productive people from CA move to AZ to produce but don’t give CA any of their ‘products’. Let CA feed their idiots and illegals who rely solely on handouts from CA politicians. See how long that can last!

  12. Homer Randall   Friday, May 14, 2010 at 5:24 AM

    Mr.McAfee,we understand that congress&the senate are operating not under the constitution
    but under the act of1871 by the 41st congress.using corporation as a means to carry out the systematic destruction of our nation,freedoms and liberties.We the people have had enough!
    We the people will remove everyone who votes for Obama’s take over! We the people have had all we can stand, buy choosing the course that this congress has under taken,you have,
    as Admiral Yamamoto said right after the attack on Pearl Harbor,I fear all we have done is to awaken a sleeping giant.We the people are now fully awake and mad as hell!! Good Bye.

  13. Robert Laity   Friday, May 14, 2010 at 2:53 AM

    We MUST not stop until Obama is removed from office as the usurper he is.
    Pray for strength from God. “In God we trust”.
    http://americangrandjury.org/public/

  14. live oak   Thursday, May 13, 2010 at 11:08 PM

    Oh yeah…this is if we even have elections in November!!! I have my doubts. I’m afraid it will be civil war, and that’s right around the corner!!!

  15. live oak   Thursday, May 13, 2010 at 11:05 PM

    Another great letter Arnie! I have written so many letters to so many members of Congress and our AG and I either get the replies that Trac describes or nothing at all. Phone calls do no good. We need to clean house and fumigate the stench and charge every single one of them with treason and sedition and anything else that applies. They will NOT get away with what they’ve done to this great country. All those who voted for Kenya Boy healthcare, and Cap and Trade coming up….you know they will do it no matter what we try to do to prevent them…will be dealt with. I mean it. There has to be a way to clean out SCOTUS too. If not, we find a way. They will all pay for their treachery. I WILL NOT let this go!!!!!!!!!

  16. live oak   Thursday, May 13, 2010 at 10:54 PM

    LOL!!!!!!!!! Good one Dan!!!

  17. Amber   Thursday, May 13, 2010 at 9:15 PM

    Watch carefully & make note of all those responsible for her upcoming confirmation. If we still have voting rights by November- get them out! I thought Sonya Sotamayora was bad news. Kagan makes Sonya look like a muffin cup!

    And the hits just keep on comin’!

  18. Trac   Thursday, May 13, 2010 at 9:11 PM

    Well like so many others I have contacted my congress people on this (both are RHINO’s BTW) and didn’t get a response. Not even the usual stupid “one size fits all” form letter I have gotten back on other issues. Oh you know the one, it goes something like “ THANK YOU FOR CONTACTING ME ON THIS ISSUE BUT I WANT YOU TO KNOW I AM WORKING HARD TO …” blah, blah, blah —- yeah yeah yeah — WHATEVER!

    Thoughts to self : “Wait till you see how hard I work to get rid of you, Dear Congress Person, even if it means I got to vote for Snoopy the dog”.

    And I AGREE with what others have said, who cares where the birth certificate is? Let it stay there, wherever it is/was and why would I need to see it? I don’t need to see it. He says he was born in Hawaii, fine with me. BUT he also says his father was Obama SR., a foreign student, subject of the British Empire — therefore—native born with dual citizenship, therefore not natural born—therefore— ineligible. Not complicated, very simple.

    Come to think of it, maybe I will bug them again, I could try asking them how they sleep at night.

  19. Amber   Thursday, May 13, 2010 at 9:02 PM

    lol. Thank you Arnie for the humor! I needed a loud haha!

    Cheers!

  20. Cincinnatus Dogood   Thursday, May 13, 2010 at 8:06 PM

    I agree, lets work within the system to vote out these fools. I would also recommend Mr. Becks approach hope for the best, expect the worst. Unless their is an unexpected “EMERGENCY” and elections are suspended( If so hide your guns and stock up on ammo, they seized guns in New Orleans). If the elections are fair we will retake the House and the Senate. They are trying to finish this before the elections. I believe that Gods providence will bring us victory and the chance to save our nation from ruin. We will provail and save our country. We are Americans.

  21. Rev. David P. McAfee   Thursday, May 13, 2010 at 7:41 PM

    I am in 100% agreement that Obama is ineligible to be POTUS. This fact has been readily apparant for quite some time. What I want to know is why people with the money don’t campaign as aggressively as the opposition does? Instead of billboards that say “Where’s the Birth Certificate?” why don’t they simply say “Obama is not a natural born citizen and he is not Constitutionally qualified to be president of the United States.” ??? Or something of that nature that is directly to the point. Why aren’t there T-shirts and bumper stickers? Sure, “Where’s the Birth Certificate?” may cause people to ask questions about what the signs say, but why not just come out and say it? Maybe then we’de get some kind of action. I don’t think we have made a strong enough case for the insipient nature of this fraud on the American people and our Constitution. I don’t think enough people understand the issue and the implications it will have for their lives four or more years from now. The tea party movement is getting some emotional activity, but we’re a long way from the place where we need to be to actually get people off their couches and angered enough to actually do something about it. The opposition knows this and are quite content with calling the shots for how this plays out. They’ve got the propoganda machine (MSM) on their side and they are basically scoffing at those who know and care about what is going on.

  22. Amber   Thursday, May 13, 2010 at 7:38 PM

    CHEERS Arnie!
    I respect your advise; however, I have written letters (no response),signed petitions (did nothing), made phone calls only to fall on deaf ears, and made donations. Then I made more phone calls & signed more petitions. THEY ARE SPITTING IN OUR FACES! We are way beyond that now. And its too close to midnight so its damn time the FBI, CIA, Pentagon along with our so called top military brass, Department of Defense, and/or the Justice Dept. grow some b**ls and do something!!!! BO is moving us down a very dark path at lightning speed & I fear November is only a dream.
    Tick Tock….Tick Tock

  23. misanthropicus   Thursday, May 13, 2010 at 7:29 PM

    Mark the fact that Kagan’s appointment is part of this cover up – Kagan, as a Havard law school Dean (and former colleague with Barry at Chicago law), had all the opportunities to see Barry’s records there – grades, financial aid, transfers, credits, etc. She was and is an ideal cul-de-sac any inqury in Obama’s past will face – and with her as SCOTUS justice, she will certainly deflect any move in this direction –

  24. Ed   Thursday, May 13, 2010 at 5:51 PM

    Let me get this straight… the new law allows Hawaii to ignore requests from people who make several requests for the same thing each month. But the FOIA requires that they supply the info that is requested “THE FIRST TIME”, so if they comply with that law, no one would have to make repeated requests. So why will they now comply with the second law when they have never complied with the first one. I’m confused.

  25. Arnie Rosner   Thursday, May 13, 2010 at 5:47 PM

    Dear Thistle…

    I too reside (as opposed to live) in California; I used to live in California.

    The most reasonable alternative I favor is to move to Arizona. Arizona, to me is a state worthy of support of those who still fancy themselves as Americans.

    We can best serve California by permitting the welfare recipients, including Boxer, Feinstein and rest who are so inclined, to have to depend on their source of funding from those who make their living by sponging off the California welfare system. I nicknamed this type of a system after the rare and extinct bird called the Floogle Bird.

    What?! Not heard of the Floogle Bird? Well that is not too surprising considering it is extinct. But being over 73 I still have the advantage of remembering the Floogle Bird.

    It was a remarkable species. It was characterized by being able to fly in ever smaller concentric circles until eventually it flew up its own rectum and disappeared.

  26. Mike   Thursday, May 13, 2010 at 4:55 PM

    So if Fact Check photos are frauds the this whole thing is fraud – right?


    ….

    That’s been confirmed by factcheck.org.

    And thanks to Act 100, that’s all the fact-checking anyone can do, for now. ”
    —————-
    Mrs. Rondeau replies: We’re working on the Factcheck.org angle.

  27. btw   Thursday, May 13, 2010 at 4:07 PM

    “…We must face facts! Obama is ineligible!

    No additional explanations will change the circumstances! Obama is ineligible!

    The discussion is over! Obama is ineligible!…”

    Necessary facts and proofs were repeated one more time in the recent comment (by btw on May 8, 2010 at 9:13pm) on WTPUSA site
    http://wethepeopleusa.ning.com/profiles/blogs/know-your-enemy-ltc-lakin

    or (directly)

    http://wethepeopleusa.ning.com/profiles/blog/show?id=2482704%3ABlogPost%3A64781&commentId=2482704%3AComment%3A64810&xg_source=activity

    (together with a “prescription” – What To Do about that: a widest dissemination of the /potentially “self-exploding”/ flyer “To Fellow American Citizen!” – the only way /in current circumstances/ to inform /despite the mainstream media, Congress, and courts/ WE THE PEOPLE about the Constitutional problem of Obama’s Ineligibility).

    Now “…it’s up to your consciousness and conscience what to do”.

    P.S. The announced earlier OBAMA ELIGIBILITY/OBAMACARE March on DC on May 29, 2010 was delayed until Aug/Sep 2010 (see obamacrimes.com).
    This creates an additional good opportunity for a widest dissemination of this information before that March (also before Elections 2010, and well before Elections 2012).

  28. yo   Thursday, May 13, 2010 at 3:02 PM

    If you’d like to see the lengths to which obots will go, check out this site
    http://www.csmonitor.com/USA/Politics/The-Vote/2010/0513/Hawaii-slams-door-on-birthers-who-turn-to-Obama-Social-Security-number
    and notice that the picture of the colb has been cut off so that you can’t see the part where it says it’s invalid if altered.

    I think you’ll be seeing more of this in the future. When they show the colb, they’ll cut that part off.

  29. Vic Hern   Thursday, May 13, 2010 at 1:51 PM

    The tipping point has arrived.
    Have the Progressives yet reached the point of no return?
    I am convinced they will stop at NOTHING, short of NOTHING
    to prevent us from taking back the Government or Congress.
    I hope I am wrong.
    Methinks we will see come November’s vote tally.
    It’s not what the voters say, just who counts the votes.

  30. impeachtheboob   Thursday, May 13, 2010 at 1:14 PM

    #4. Make the enemy live up to its own book of rules. “You can kill them with this”

  31. yo   Thursday, May 13, 2010 at 10:10 AM

    I’m with ya, Arnie!

  32. thistle   Thursday, May 13, 2010 at 10:02 AM

    Good article Mr. Rosner. My letters go ignored, but then you will know why when I tell you that I live in California. It’s not likely that Pelosi, Boxer, Feinstein or even the governor Swartzenegger are going to listen to anything the people here say or want. Plus we have a large population of those believing in ‘entitlement’ here, so we are bankrupt and these people will always vote for those who give them the most handouts. Still, we have hopes that our representatives will be voted out in November. There are a lot of promising people running against them.

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