Obama's Eligibility for Presidential Office Still Under Question

Leo Donofria has a law suite pending right now that takes a different constitutional approach to the issue of Barack Obama's eligibility to hold the office of president. You can read the entire post at Citizen Wells. Donofria contends that Article 2, Section 1, Clause 5 is a grandfather clause that only pertained to those citizens of America at the time of the ratification of the Constitution. It reads:

No person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitutional be eligible to the Office of President

The argument that is that the Framer's "grandfathered" themselves in as eligible for the presidency, but did not consider themselves natural born.  Now all but the following Framers were born in America. 

  • Pierce Butler - County Carlow, Ireland
  • William R. Davie - Egremont, England
  • Thomas Fitzsimons - Ireland
  • Alexander Hamilton - Nevis, British West Indies
  • James McHenry - Ballymena, Ireland
  • Robert Morris - Liverpool
  • William Paterson - County Antrim, Ireland
  • James Wilson - St. Andrews, Scotland
The vast majority of the Framers where born on US soil.  They contend that while born on US soil, they were still born under a foreign jurisdiction and thus had "divided loyalties" at birth.  They defined what being "natural born" meant quite clearly.  

According to FactCheck.org the following is true about Barack Obama:

“When Barack Obama Jr. was born on Aug. 4,1961, in Honolulu, Kenya was a British colony, still part of the United Kingdom’s dwindling empire. As a Kenyan native, Barack Obama Sr. was a British subject whose citizenship status was governed by The British Nationality Act of 1948. That same act governed the status of Obama Sr.‘s children.

Since Sen. Obama has neither renounced his U.S. citizenship nor sworn an oath of allegiance to Kenya, his Kenyan citizenship automatically expired on Aug. 4,1982.”

So if Barack Obama ever held dual citizen ship (divided loyalties) he is not a natural born citizen.  The issue is yet to be tried in the courts, but the evidence, as presented by Leo Donofrio, is very compelling.  There are other suites out there that challenge that Barack Obama was once an Indonesian citizen, and there is some fairly good evidence for that as well

Follow the law suite here

 

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