A constitutional crisis is looming large over Barack Obama’s Election Day victory.
Alan Keyes and others have filed a petition asking that California’s 55 Electoral Votes to not be cast until Obama produces a birth certificate to verify his eligibility to hold office.
This is the latest challenge to Obama, and the first by someone as well respected as Keyes.
Some interesting and important bits and pieces:
The legal action today is just the latest is a series of challenges, some of which have gone as high as the U.S. Supreme Court, over the issue of Obama’s status as a “natural-born citizen,” a requirement set by the U.S. Constitution.
The biggest question is why Obama, if a Hawaii birth certificate exists, simply hasn’t ordered it made available to settle the rumors.
“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 petition is a request for the Superior Court of California in Sacramento County to issue a peremptory writ barring Secretary of State Debra Bowen “from both certifying to the governor the names of the California Electors, and from transmitting to each presidential Elector a Certificate of Election, until such documentary proof is produced and verified showing that Senator Obama is a ‘natural born’ citizen of the United States and does not hold citizenship of Indonesia, Kenya or Great Britain.”
Named as defendants in the action are Bowen, Obama, vice president elect Joe Biden and the long list of California party electors.
Citing the constitutional requirement that a president be a “natural born” citizen, the case discusses other state and federal court cases regarding “aspects of lost or dual citizenship concerning Senator Obama. Those challenges, in and of themselves, demonstrate Petitioners’ argument that reasonable doubt exists as to the eligibility of the Democratic Party’s nominee for President,” the case said.
The “certificate 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.”
“Based on all of the above, it is the duty of the SOS to obtain proper documentation of Senator Obama’s citizenship to confirm his eligibility for the office or the President of the United States,” the case said.