A Florida judge has scheduled a hearing for Obama’s lawyers to explain why “natural born citizen” does not mean the child of two American citizens. Judge Terry Lewis made critical rulings during the Bush-Gore presidential election in 2000 that were eventually decided by the U.S. Supreme Court. Attorney Larry Klayman has brought forward a suit from a registered Democrat challenging Obama’s eligibility to be President under the Constitution’s requirement under Article 2, Section 1, that the president be a “natural born” citizen of the United States of America.
As the Constitution does not explain the term “natural born” citizen, Klayman’s case cites the U.S. Supreme Court decision in Minor v. Happersett from 1875 in which the Court said that a “natural born” citizen is the offspring of parents who are both citizens of the United States. This is not the same as a “citizen” or a “native born” citizen, in which case citizenship can be conferred simply by being born in the United States. The Constitution makes a special requirement for the Office of President; both parents must be U.S. citizens.
Since it is known Obama’s father was a British subject from Kenya, there have been dozens of lawsuits filed since before he was elected challenging his eligibility to hold the office of President of the United States, but none of the lawsuits has yet to having a full hearing; all have been dismissed on technicalities or put aside. This hearing is significant because it is the first time a hearing will be held on the legal definition of “natural born” citizen. If the judge holds by the decision of the Supreme Court in Minor v. Happersett, it could bring serious reappraisal to Obama’s claim to be eligible to be President.
So far courts and judges have run from having to make a ruling on Obama’s eligibility for office. However, if Judge Lewis is not satisfied with Obama’s lawyers’ explanations and finds that Obama does not meet the requirements under the U.S. Constitution, the challenge to his eligibility may finally be hear and will undoubtably end up in the U.S. Supreme Court.
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