To: GROUND ZERO™ who wrote (64537 ) 1/19/2012 9:19:51 AM From: John 4 Recommendations Read Replies (1) | Respond to of 103300 Obama argues against appearing at eligibility hearing wnd.com excerpt: Those bringing the complaints include David Farrar, Leah Lax, Cody Judy, Thomas Malaren and Laurie Roth, represented by Taitz; David Weldon represented by attorney Van R. Irion of Liberty Legal Foundation; and Carl Swensson and Kevin Richard Powell, represented by J. Mark Hatfield. Irion said not many court observers believed Obama actually would comply with the subpoena for a number of reasons. He said for his clients’ arguments the testimony wouldn’t even be an issue. His argument is that the Founders clearly considered a “natural born citizen,” as the Constitution requires of a president, to be the offspring of two citizen parents. Since Obama himself has written in his books that his father, Barack Obama Sr., was a Kenyan, and thus subject to the jurisdiction of the United Kingdom, Irion argues that Obama is disqualified under any circumstances. Those who argue against his birth in the United States note that a multitude of experts have given testimony and sworn statements that they believe Obama’s Hawaiian birth documentation to be fraudulent. It is that concern that also has prompted Maricopa County Sheriff Joe Arpaio in Arizona to turn over an investigation of that issue to his Cold Case Posse. Their investigation report is expected to be released in the next few weeks. The Georgia hearing will be the first time among dozens of so-far unsuccessful lawsuits brought over Obama’s eligibility issue that evidence will be heard in a court. Other cases all have been dismissed over issues such as standing, without a presentation of the evidence. Top constitutional expert Herb Titus explains that the use of “natural born citizen,” does, in fact, require parents who are citizens. That argument also is supported by a 19th-century U.S. Supreme Court decision The hearing is set at 9 a.m. on Jan. 26 for the complaint brought by Weldon. Following immediately will be hearings for the cases brought by Swensson and Powell, and the issue raised by Farrar, Lax, Judy, Malaren and Roth will be third. Malihi’s ruling said: “The court finds that defendant is a candidate for federal office who has been certified by the state executive committee of a political party, and therefore must, under Code Section 21-2-5, meet the constitutional and statutory qualifications for holding the office being sought.” There are similar challenges to Obama’s 2012 candidacy being raised before state election or other commissions in Tennessee, Arizona, Illinois, New Hampshire and other states as well. The U.S. Supreme Court opinion cited is Minor v. Happersett from 1875. It includes one of very few references in the nation’s archives that addresses the definition of “natural-born citizen,” a requirement imposed by the U.S. Constitution on only the U.S. president. That case states: “The Constitution does not in words say who shall be natural-born citizens. Resort must be had elsewhere to ascertain that. At common law, with the nomenclature of which the framers of the Constitution were familiar, it was never doubted that all children born in a country of parents who were its citizens became themselves, upon their birth, citizens also. These were natives or natural-born citizens, as distinguished from aliens or foreigners.” What the White House in April released was as an image of a “Certificate of Live Birth” from the state of Hawaii in support of Obama’s claim that he was born in the state. The White House has not addressed the questions raised by Obama’s father’s nationality. [...] An extensive analysis of the issue was conducted by Titus, who has taught constitutional law, common law and other subjects for 30 years at five different American Bar Association-approved law schools. He also was the founding dean of the College of Law at Regent University, a trial attorney and special assistant U.S. attorney in the Department of Justice. “‘Natural born citizen’ in relation to the office of president, and whether someone is eligible, was in the Constitution from the very beginning,” he said. “Another way of putting it; there is a law of the nature of citizenship. If you are a natural born citizen, you are a citizen according to the law of nature, not according to any positive statement in a Constitution or in a statute, but because of the very nature of your birth and the very nature of nations.” If you “go back and look at what the law of nature would be or would require … that’s precisely what a natural born citizen is …. is one who is born to a father and mother each of whom is a citizen of the U.S. or whatever other country,” he said. “Now what we’ve learned from the Hawaii birth certificate is that Mr. Obama’s father was not a citizen of the United States. His mother was, but he doesn’t qualify as a natural born citizen for the office of president.”