Loyal To LibertyBeta

Last night I posted as the 'featured link' on this site a link to what purports to be a 2004 article, from the online archives of a Kenyan newspaper, about the withdrawal of Obama's original Republican opponent in the 2004 race for the U.S. Senate in Illinois. What is of interest for present purposes is that both the headline and body of the article refer to Obama as Kenyan born.

Given the sophisticated possibilities for fabrication in both the virtual and real world these days, it would be foolish to assume that by itself this 'proves' anything about Obama's birthplace. Even if the article is authentic, it would simply indicate that some people in Kenya thought (perhaps mistakenly) that he was born there. Kenyan newspaper stories from 2004 (online or otherwise) are no more definitive proof of Obama's birthplace than uninformative birth announcements in Hawaiian newspapers from 1961.

This episode simply illustrates the need for what I and many others have sought:

• a Constitutionally authoritative investigation of the facts;
  
• a similarly authoritative evaluation of its results;
  
• And, based on that evaluation, a Constitutionally authoritative judgment of law and fact as to whether Obama satisfies the Constitution's clear eligibility requirements for the Office of President of the United States.
  

I have received, or read here and there in online exchanges, comments from people critical of those (like my lawyer in the case before Judge Carter, Orly Taitz) who publicized purported birth certificates that have been declared fabricated or fraudulent by unofficial experts. These critics apparently miss the point. The Constitution of the United States is not "unofficially" the Supreme Law of the land. Obama does not "unofficially" claim to be President of the United States. But those who voted in the 2008 general election, whether they voted for or against him, had occasion to do so thanks to his oath or affirmation that he satisfies the Constitution's requirements. Such voters are actually being deprived of the substantive assurance that we have not "unofficially" (i.e., without due process of law) been deprived of the right and privilege of a Constitutionally valid choice at the ballot box. Without this assurance, the electoral process the Constitution establishes, and the scheme of representative (i.e., republican) government it is supposed to implement, will be permanently impaired by the suspicion of lying and fraud perpetrated at the highest possible levels of government.

The establishment of fact required for a credible, Constitutionally authoritative and substantive judgment cannot be supplied by unofficial evaluations of purported evidence, or casual internet discussions of the provisions of law that are relevant to a judgment based upon that evidence. Whatever may be the doubts with respect to any particular testimony or documentary claims, Obama's own actions have surely become the main source of the cloud of uncertainty and suspicion with respect to his Constitutional eligibility. As with any other job applicant, the issue of credentials once raised is rightly dealt with as a matter of course. Applicants who refuse to comply with requests that they produce their qualifying credentials foment doubts, by their own behavior, where doubts would otherwise not exist. Add to this the concerted and unaccountably scurrilous media dismissal of the common sense demand that the issue be authoritatively resolved, and it's not hard to explain the increasingly widespread presumption in the minds of many that something of important relevance to the Constitutional issue is being withheld from public scrutiny.

Seeking to blame and persecute those who are asking public officials to abide by their sworn duty to uphold the Constitution further aggravates the impression of malfeasance. Some continue to insist that this request indicates hostility to Obama. The real hostility (and perhaps even invidious discrimination) is shown by the unwillingness to accord him the same opportunity for resolution of all doubt that John McCain enjoyed. Do some of the power elite think they gain advantage, from perpetuating the impression that only fear of some adverse reaction based on race, rather than undisputed Constitutional authority, accounts for Obama's continued presence in the White House? Like the workplace whispers that resentfully ascribe advancement to "affirmative action", rather than proven qualifications and performance, the ongoing refusal to allow Constitutionally authoritative closure in this matter smacks of more ill will than the honest desire to clear the air of doubt.