Obama’s “Natural Born†Problem

By now you are probably aware that there have been a multitude of lawsuits filed in regards to the question of whether or not President-elect Barack Obama is in fact eligible under the “natural born†provision of the Constitution of the United States of America to be the President of the United States.
The Constitutional provisions are very specific when it comes to the minimal qualifications for President. One is to be over thirty-five. He is. Two, is being in the country fourteen years. He has been. Three, is to be a natural-born citizen. The latter remains unproven, a matter of contention, and appears to be increasingly unlikely to be true.
There are several variations on this theme, but the general and most often made argument is relatively simple and straightforward.
The Plaintiff in one of the filed suits put it this way.
“If in fact Obama was born in Kenya, the laws on the books in the United States at the time of his birth stated if a child is born abroad and one parent was a U.S. Citizen, which would have been his mother, Stanley Ann Dunham, Obama’s mother would have had to live ten (10) years in the United States, five (5) of which were after the age of fourteen (14). At the time of Obama’s birth, his mother was only eighteen (18) and therefore did not meet the residency requirements under the law to give her son (Obama) U.S. Citizenship much less the status of ‘natural born.’ â€
It also was a complication that Obama’s mother divorced his father, married and moved to Indonesia for several years and Obama attended school there at a time when only Indonesian citizens were allowed in schools. Records that are available from Indonesia revealed Obama was registered in school as Barry Soetoro, and his religion was listed as Islam.
When Obama later returned to Hawaii, within the United States, there should have been a government document affirming his citizenship, but that also cannot be found.â€
The Obama campaign had insisted from the very beginning that Barack Obama was in fact born in the state of Hawaii which would automatically make him eligible for the highest office of the land. All US citizens are issued a birth certificate within a short time after birth. It would be very simple, and take about five minutes, for the Obama organization to put this rumor to rest and prove once and for all that this is just some wild conspiracy from the Internet rumor mill that should be mocked and ignored as simply “sour grapes†by a die hard few.
Except that Obama has steadfastly refused to release his birth certificate and has shown the willingness to spend a large amount of money on legal fees while enduring increasingly bad publicity by refusing to release it or any hospital records associated with a birth in the state of Hawaii.
One of the cases filed with the Supreme Court also raised the circumstances of Obama’s time during his youth in Indonesia, where he was listed as having Indonesian citizenship. Indonesia did not allow dual citizenship at that time, 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-bornâ€.
There have also been suspicions that Obama’s college records may indicate he received aid as a foreigner, and that could be the reason why those records were never released.
The questions of his birth certificate and constitutional eligibility for President of the United States have been ongoing for months. Unlike the convoluted conspiracies and “innovative†conjectures that have been leveled against various presidents including Bill Clinton and the current holder of the office, this particular allegation of constitutional ineligibility would be extremely easy to refute and the entire mess could be over in just a matter of minutes. The logical conclusion is that there has to be some sort of reason that this document (if it exists) has not been released. There is obviously something to hide here and I am not alone in my interest in what that may be.
Months ago the Obama campaign, in an attempt to “answer†this question, posted a copy of what was said to Obama’s “Certification of Live Birth†on the official Obama website. The Main Stream Media and the Progressive blogosphere quickly and proudly pointed to it and proclaimed the case closed.  Unfortunately, the posting of that document actually raised as many or more questions than it had supposedly answered. The computer-generated “Certification of Live Birth†is used by the state of Hawaii in lieu of the “Certificate of Live Birth,†or if originally filed, a “Delayed Certificate of Birth,†or even a “Certificate of Hawaiian Birth.†For verification purposes, however, the “Certification of Live Birth†does not indicate which birth record “root document(s)†that the Certification is based upon.
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. Obama’s certification of live birth doesn’t list a hospital, attending physician, or any witnesses of the birth that could be tracked down and investigated. The posted document is essentially worthless as any sort of proof that Obama was born in the United States and simply put does not prove natural-born status. Yet that document is the only evidence that Barack Obama has so far produced that he is in fact eligible to be the President of the United States.
My initial hunch was that Obama was in fact not born in Kenya, but that the name on the birth certificate was not “Barack Obama†but some other, possibly “Barry†with perhaps even a different last name (his mother’s?). It is also perhaps an amended birth certificate (not uncommon in cases of adoption by a step parent) listing his now legal name as “Barry Sotoero†and thus somehow a cause of embarrassment or a potential political liability. Obama’s adoption in Indonesia by his stepfather Lolo Sotoero would make that a very plausible scenario.
Such speculation is obviously conjectural. But much of Obama’s youth is shrouded in mystery especially in regards to his Islamic schooling, upbringing in Indonesia, drug use, and later ties to a variety of radical and questionable characters and mentors. With that in mind, perhaps an actual birth in Kenya wouldn’t be all that surprising but merely the icing on the cake when it comes to the strange, twisted and contradictory tale of Barack Obama’s life.
There was some whispering about Senator John McCain’s own natural-born citizenship status and POTUS eligibility early on and to his credit he produced his long form birth certificate in record time putting such questions to rest very quickly. Meanwhile, many months later, we are still sifting through rumors, Supreme Court petitions, multiple lawsuits from all over the country, and articles like this one while the Obama camp continues playing “whack a mole†in regards to questions about Obama’s natural-born status.
Three things have made me take an interest in this sideshow saga and made me at least somewhat increasingly open to the idea that Barack Obama may in fact have been born in Kenya. The first is that the Kenyan ambassador to the United States has openly admitted that Obama was born in Kenya.
Mike In The Morning Calls The Kenyan Embassy (101 WRIF Radio, Detroit, Michigan)
Radio Host:
One more quick question, president elect Obama’s birthplace over in Kenya is that going to be a national spot to go visit where he was born?
Kenyan Ambassador:
It is already an attraction. His paternal grandmother is still alive.
Radio Host:
But his birth place, they will put up a marker there?
Kenyan Ambassador:
It will depend on the government. It is already well known.
The sound clip can be found at http://www.youtube.com/watch?v=zH4GX3Otf14.Â
The second is that soon to be Secretary of Commerce and current New Mexico governor Bill Richardson is on record as stating that Obama is “an immigrantâ€. An odd thing to say if it were not true, and an outright lie otherwise. You can view the video clip at http://www.youtube.com/watch?v=s5OUdj_YIpo&eurl=http://www.wnd.com/index.php?fa=PAGE.view&pageId=83114&feature=player_embedded.
Perhaps the strongest anecdotal evidence is that Obama’s own paternal grandmother has said on multiple occasions that she was there when Barack was born in Kenya. Obama’s Kenyan half brother and half sister have also stated that Obama was born in Kenya. None of this anecdotal evidence is conclusive but combined with Obama’s steadfast refusal to release his long form birth certificate it plants the seeds of suspicion and makes you really want to ask a simple question. What is he hiding? And why?
The real fun to be had with this story is not that Obama for any reason would be somehow decreed ineligible as the next President of the United States (it won’t happen) but that there apparently is no oversight at all to the election process and a candidates eligibility for that office. Wouldn’t it, and shouldn’t it, be common sense and standard practice that some official or semi-official body like the Federal Election Commission or the respective major political parties require that all candidates for President of the United States provide proof that they meet the requirements for the office as stated in the Constitution? Is that really too much to ask?
Barack Obama has held elected office on the federal level, won his parties nomination for President, and then was elected President of the United States, all without providing proof that he is in compliance with the provisions laid down very plainly in the Constitution. One should be able to declare such a scenario as inconceivable, yet it appears to be all too true.
And for those of you who have studied history in any detail, the truth is far more often stranger than fiction. Obama may fall, and in many ways he already does, into that category. Who would have thought that an “I vote present†product of the incredibly corrupt Chicago political machine with a Leftist ideology, a Muslim stepfather, a socialistic economic policy, a radical spiritual mentor, and who is beholden to a domestic terrorist for the launching of his political career could so easily be elected to the Presidency of the United States of America? If I had pitched that scenario to you two years ago you would have called me crazy yet that is exactly the situation we find ourselves in.
I do believe this will probably not be little more than an interesting political sideshow that will end up as just another bizarre footnote in annals of history. It is somewhat disturbing though that we are apparently willing to just wave  constitutional requirements for the highest office of the land whenever we see fit. One has to believe that altering and tampering with basic constitutional provisions is probably not very wise and not healthy for our form of government.
The glaring disgrace here is that Obama should have been forced to prove his eligibility for office (they all should) before the first primary election or caucus was held and that the Democratic Party failed miserably in its duty to make sure that they were offering up a legitimate and eligible candidate as their presidential nominee.
If indeed Barack Obama is constitutionally ineligible for the highest office in the land, and could theoretically be an unconstitutional president, it is not the child who dared mention that “The Emperor has no clothes!†who is being “embarrassing and destructive†by bringing this up, but the Democratic party and the electoral system as a whole which allowed an unqualified candidate with unproven, dubious credentials to be allowed to appear on the ballot in a national election.
In the worse case scenario we will have taken just another baby step towards losing our Republic and the rule of law when that dusty and irritating Constitution becomes something to just be ignored or set aside whenever it might be inconvenient, or upset some people, or just be impractical for this particular “situationâ€.
Maybe we have reached the point where we just set aside parts of the Constitution if they are inconvenient and that might potentially be a problem for He Who Will Slow the Rising of the Seas and the fainting, ecstatic, potentially angry mob who propelled him to power. We have already journeyed a ways down the road once traveled by ancient Rome where the elites began to worry about the mood and reactions of the masses who openly threatened disorder and mayhem if they were unhappy, while those who held the reigns of power increasingly ignored the once revered rules that had held their political system together.
At the time of the publication of this article, Barack Obama still had not proved his eligibility to serve as President of the United States as defined by Article II, Section 1 of the Constitution of the United States of America. And he probably remains unable to do so.
David Huntwork is a conservative activist and freelance columnist in Northern Colorado where he lives with his wife and three young daughters. He believes in the importance of Faith, Family, and Freedom as the formula of success for a good life and a healthy nation. You can reach him at DaveHuntwork@uno.com. | More from David Huntwork
Stumble It!

December 12th, 2008 at 2:05 pm
There are about 200,000 signatures already at the “worldnetdaily†website. Whether or not this gets dealt with is up to the people. I’ve spent most of the day today emailing various people and organizations with the website address.
We can participate in the process or intellectualize about it on the blogs, it’s up to us to make things happen. I find it hard to believe that people, either Democrat or Republican, would want this to happen to our country.
The major lawsuit to this point was brought by a Democrat. What a sorry excuse for a political party the Republicans have become. If it’s the death of the Republican Party they had it coming if they don’t stand up and fight this usurpation.
http://www.wnd.com/index.php?fa=PAGE.view&pageId=81550
December 12th, 2008 at 2:28 pm
I too was adopted, along with my brother and sister, when I was seven. My background is identical to Obama’s except that my adoption took place in two states and I have known my real father and all my relatives all my life.
I too looked into changing my last name back to my original, sometimes thinking about a heritage legacy thing. Obama changed his name to suit the identity he wanted. I probably won’t change my name as I would not hurt my dad’s feelings (you can call him stepfather).
Obama has access to the actual BC when he was born under whatever name that was.
Upon his adoption by his mother’s second husband Obama’s original BC was sealed as his old identity no longer existed in the eyes of the law.
His adoption in Indonesia created a huge paper trail between two countries, the State of Hawaii and local government where is stepfather lived. He was issued a new BC and both governments created records of equal value and weight in term of his new identity under the law.
His mother would have to present his original BC for the adoption to take place. Where are those copies?
Was the BC with is new identity Barry Sotero issued by Indonesia? Where is that new BC with Lolo listed as his father?
Upon Barry Sotero’s return to the US he reached the age of emancipation and changed his name to Barack Obama.
When did he do that? What was the legal process? He would have to notify multiple government agencies and this would have cost a tidy sum.
This process does not change your BC of adoption. In this case Barry Sotero. It only changes your name as you are not being adopted by anyone and the government is not developing a legal document of lawful parentage.
You are changing your name only.
Here is the rub, the copy of the BC you are seeing online is or could be issued to valid BC holders and might be the short form in lieu of a deep record search.
In other words the BC is a fraud. In order for Barack Obama to show a BC that contains his name of Barack Obama and his father and mother as we know it, the state of Hawaii would only have a long form document.
Barack Obama has access to his original BC before he was born but it is no longer valid. He can present either the short form, which many of us have seen or present the long form but they are not valid.
You… cannot change your adoption records or the alteration of those records for the purpose of adoption.
You can call yourself John Wayne and even legally change your name. But, your birth certificate will still say you are Marion Robert Morrison, born in Iowa, blah, blah, blah.
December 12th, 2008 at 4:15 pm
A) Hawaiian law, at the time of Obama’s birth, allowed for FOREIGN born baby’s to be registered in Hawaii via a ‘Certificate of Live Birth’:
“[§338-17.8] Certificates for children born out of State…”
http://www.capitol.hawaii.gov/hrscurrent/Vol06_Ch0321-0344/HRS0338/HRS_0338-0017_0008.htm
B) The Hawaiian govt’ officials NEVER stated that Obama was born in Hawaii. They only stated that they have seen his birth certificate on file. But a B.C. from where?? (see #1 above).
On October 31, 2008, Dr Chiyome Fukino, Department of Health:
“Therefore, I as Director of Health for the State of Hawai‘i, along with the Registrar of Vital Statistics who has statutory authority to oversee and maintain these type of vital records, have personally seen and verified that the Hawai‘i State Department of Health has Sen. Obama’s original birth certificate on record in accordance with state policies and procedures.”
http://hawaii.gov/health/about/pr/2008/08-93.pdf
For the Hawaiian ‘Policies and Procedures’ she refereed to…see item #1 above which, again, affords foreign born babies to obtain a Hawaiian COLB.
Legally, the Hawaiian Governor & the Dpt of Health official merely stated fact based on their own laws. One can obviously see that a Kenyan B.C. from 1961 would be legal and valid per Hawaiian law. This would also allow Obama to obtain a U.S. Passport.
C) Examples of Hawaiian Long Form COLB’s:
1963 Hawaiian Long Form COLB:
http://a5.vox.com/6a00c2252293c4604a0100a80270e5000e-pi
1962 Hawaiian Long Form COLB:
http://passportsusa.com/wp-content/gallery/passportusa/edith_front.jpg
Obviously, what the Obama camp has released looks nothing like those two Hawaiian COLB’s from that time. Where’s his?
D) If it’s proven Obama was indeed foreign born (Kenya), He would NOT have received U.S. citizenship based, only, on his mother’s citizenship status. Per U.S. law at the time of his birth (December 24, 1952 to November 13, 1986).
Birth Abroad to One Citizen and One Alien Parent in Wedlock:
“For birth between December 24, 1952 and November 13, 1986, a period of ten years, five after the age of fourteen are required for physical presence in the U.S. to transmit U.S. citizenship to the child.”
http://travel.state.gov/law/info/info_609.html
Note that the law only pertains to ‘Citizenship’, and not ‘Natural Born’ Citizen. There is a difference. Governor Schwarzenegger from Ca. is a citizen, yet he could not be POTUS because he isn’t a Natural Born citizen. He’s a Naturalized citizen.
Obama’s mother didn’t give birth to him at 19 (14 + 5). Therefore, Obama could not obtain U.S. citizenship based only by virtue his mother’s citizenship.
E) And then there is the dual citizenship issue (which could make the above totally irrelevant). Factcheck themselves state that Obama was indeed a British subject and did in fact hold dual citizenship AT Birth.
http://www.factcheck.org/askfactcheck/does_barack_obama_have_kenyan_citizenship.html
“In other words, at the time of his birth, Barack Obama Jr. was both a U.S. citizen … and a citizen of the United Kingdom and Colonies (or the UKC)”
So even IF he was indeed born in Hawaii (would be easy for him to prove but hasn’t so far), Obama could therefore not be a Natural Born citizen because Natural Born citizens can not hold dual citizenship at birth. It has to do with the potential for divided loyalties and the very reason the
writers of the Constitution themselves allowed for their exception (grandfathered in) because all of them were British Subjects at birth.
He might be a “Naturalized” Citizen, but there is nothing (to date) in the public sector to suggest he is a ‘Natural Born” Citizen, the Constitution clearly requires for one to become POTUS.
F) Without question, the Secretary of State of New Jersey (& possibly other SoS’s) did NOT do their job in making sure the presidential candidates (including Obama) were qualified and eligible to be on their states’ ballot.
Why?
How would the SoS from NJ explain that Roger Calero was on their ballet as a candidate?
Socialist Workers Party candidate Roger Calero isn’t even a U.S. citizen (Naturalized OR Natural Born), yet appeared on NJ’s presidential ballot.
Calero was also allowed on the state ballot in: Delaware, Minnesota, New York and Vermont.
Calero is a permanent resident alien (holding a green card).
http://en.wikipedia.org/wiki/R%C3%B3ger_Calero
Note: Not in any particular order. Simply, points of fact and information.
December 12th, 2008 at 5:26 pm
David Huntwork,
You make an interesting legal argument on Indonesia not allowing dual citizenhip. But their laws are superceded for United States citizens.
Since Obama’s maternal grandparents were U.S.citizens their daughter (Obama’s mother) a natural born citizen.
In Afroyim v Rusk (1967)the U.S. Supreme Court ruled that a citizen can not involuntarily be stripped of their citizenship
http://en.wikipedia.org:80/wiki/Afroyim_v._Rusk
December 12th, 2008 at 5:33 pm
Also, in this case the U.S. Supreme Court covered the issue of a child born to a mother who is abroad but a U.S. citizen
http://www.nilc.org:80/immlawpolicy/natzcitzshp/nc033.htm
December 13th, 2008 at 2:50 am
when that dusty and irritating Constitution becomes something to just be ignored or set aside whenever it might be inconvenient, or upset some people, or just be impractical for this particular “situationâ€.
when that Constitution becomes….??????
It’s already been shredded.
Obama probably isn’t eligible to be POTUS, but that won’t change anything. Nothing short of armed insurrection could change anything, and that ain’t gonna happen.
Goodbye America. Some of us will miss you very much. The rest will wonder what happened.
December 14th, 2008 at 8:50 am
6. Squiggy,
I agree with you “when that Constitution becomes ??????”.
As a former Chief Justice of the U.S Supreme Court reportedly said to a new Justice “The Constituion is what we say it is”
Only isue remaining in my opinion in Obama controvery is if he failed to register for U.S. military draft. While draft was ended during the Vietnam War to reduce the protests, draft registration was reactivated during the Iran hostage crisis. Former President Carter wanted both men and women to register, but the Congress refused to allocate the funds. The issue reactivated a lawsuit where a lower court had ruled male- only draft registration unconstitutional. But the U.S. Supreme Court ruled in Rostker v. Goldberg (1981) that the Congress had the power to institute male-only draft registration That would exempt Hillary Clinton.
Some male employees of the federal government have lost their jobs for failure to register, some after 18 years of work.
But the U.S.Supreme Court has not ruled (best to my knowledge) if the draft registration apllies to Elected Official, or only to regular workers.
http://www.post-gazette.com/pg/08286/919345-84.stm
Also, the age frame is 18 to 25 years, after the age 26 it is too late, so I don’t know when Obama or Hillary Clinton were within that frame?
December 14th, 2008 at 8:57 am
Selective Servise System (Wikipedia)link
http://en.wikipedia.org/wiki/Selective_Service_System
December 29th, 2008 at 1:27 am
[...] not Nat “King” Cole or Patrice Lumumba’s kid or something? And, anyway, aren’t you adopted?” This is a pretty rowdy bunch of theorists who can really think outside the box due to [...]
December 30th, 2008 at 7:36 pm
[...] do we know you’re not Nat “King†Cole or Patrice Lumumba’s kid or something? And, anyway, aren’t you adopted?†This is a pretty rowdy bunch of theorists who can really think outside the box due to their [...]
December 31st, 2008 at 4:45 am
“to One Citizen and One Alien Parent in Wedlock”
…except that he was not “born in wedlock” at all.
At the time of their marriage (B. O., Sr. to S. A. D.) he was still legally married to a Kenyan woman, whom he had simply abandoned.
Even if he later divorced this woman (and we have no reason to believe that this happened) the marriage between Obama’s parents is VOID AB INITIO (never happened, zero, legal value = null).
Under certain circumstances, another marriage (subsequent to the termination of the Kenyan marriage) may legitimize his birth – but we have no claim that this ever happened.
In summary:
A. his parents were never married at all.
B. he was not born “in wedlock”, and therefore may not claim citizenship on this basis.
C. unless some other claim be made successfully he is not a citizen.
December 31st, 2008 at 5:54 am
There’s a new suit filed by citizens of the state of Washington that may be hard for the “Supremes†to ignore as if it were “without standingâ€.
http://wnd.com/index.php?fa=PAGE.view&pageId=84966
I don’t think there should even be an argument over such a fundamental Constitutional issue. Obama should have to produce the required documentation or step aside … period.
If at anytime during his Presidency he is found not to be a citizen, then everything he does as President will be illegal, null and void.