Court won't review Obama's eligibility to serve

[Hazcat]

WASHINGTON – The Supreme Court has turned down an emergency appeal from a New Jersey man who says President-elect Barack Obama is ineligible to be president because he was a British subject at birth.

The court did not comment on its order Monday rejecting the call by Leo Donofrio of East Brunswick, N.J., to intervene in the presidential election. Donofrio says that since Obama had dual nationality at birth — his mother was American and his Kenyan father at the time was a British subject — he cannot possibly be a "natural born citizen," one of the requirements the Constitution lists for eligibility to be president.

Donofrio also contends that two other candidates, Republican John McCain and Socialist Workers candidate Roger Calero, also are not natural-born citizens and thus ineligible to be president.

At least one other appeal over Obama's citizenship remains at the court. Philip J. Berg of Lafayette Hill, Pa., argues that Obama was born in Kenya, not Hawaii as Obama says and the Hawaii secretary of state has confirmed. Berg says Obama also may be a citizen of Indonesia, where he lived as a boy. Federal courts in Pennsylvania have dismissed Berg's lawsuit.

http://news.yahoo.com/s/ap/20081208/ap_on_go_su_co/scotus_obama

[MikeBjerum]

I'm hoping that the system will at least put on a show of working, but I fear that this will be swept under the carpet like the issue with Mrs. Clinton's nomination for Secretary of State.

[ericire12]

[pops1911]

Gee - This is such a suprise. The Supreme Court is political, not apolitical as was intended. And it will get worse as BHo & Biden 'pre-qualify' their appointees!

Reminds me of the Supreme Court episode on Boston Legal .... what a joke! In spite of Heller, which was a landmark & only a toss to the constitutionalists - they can't wait to rescind that either given a chance.

[tombogan03884]

They pushed the wrong case, even if B Ho WAS born in Kenya it doesn't matter as The Brits recognize "Dual Citizenship:" also this case was discredited by including McCains birth in Panama, both his parents were US citizens and he was born in a US hospital in the Canal Zone which at that time was US territory. The case to push would have been Berg's that he lost his US Citizenship when his mother remarried in Indonesia, which DOES NOT recocognize "dual citizenship.

[Sponsor]

[tt11758]

Surely nobody here is terribly surprised that this will go unanswered.  Or am I just cynical?

[runstowin]

This from former minor party presidential candidate Chuck Baldwin:

Many conservatives are up in arms regarding the charge that President-elect Barack Obama may not have been born in the United States and is, therefore, not qualified under the U.S. Constitution to be President of the United States.

Yes, I know McCain was born to a naval officer serving in Panama at the time. That fact changes nothing. John McCain was still born in a foreign country, and under a strict interpretation of the U.S. Constitution, is not qualified to be President of the United States. Even our current State Department policy (7 FAM 1100) reads: "Despite widespread popular belief, U.S. military installations abroad and U.S. diplomatic or consular facilities are not part of the United States within the meaning of the 14th Amendment. A child born on the premises of such a facility is not subject to the jurisdiction of the United States and does not acquire U.S. citizenship by reason of birth."

http://www.chuckbaldwinlive.com/c2008/cbarchive_20081209.html

[1776 Rebel]

John McCain was still born in a foreign country, and under a strict interpretation of the U.S. Constitution, is not qualified to be President of the United States. Even our current State Department policy (7 FAM 1100) reads: "Despite widespread popular belief, U.S. military installations abroad and U.S. diplomatic or consular facilities are not part of the United States within the meaning of the 14th Amendment. A child born on the premises of such a facility is not subject to the jurisdiction of the United States and does not acquire U.S. citizenship by reason of birth."

http://www.chuckbaldwinlive.com/c2008/cbarchive_20081209.html

Panama TODAY is a soverign and independent state in all respects of its geography. But 72 years ago wasn't the Canal Zone a US Territory by treaty....correct me if wrong but I thought Mac was born in the zone?

http://en.wikipedia.org/wiki/Hay-Bunau_Varilla_Treaty

Also from Wiki...

Formative years and education
 
John McCain was born in 1936 at Coco Solo Naval Air Station in the Panama Canal Zone, Panama, to naval officer John S. McCain, Jr. (1911–1981) and Roberta (Wright) McCain (b. 1912).[2] At that time, the Panama Canal was under U.S. control.[3]

[runstowin]

Having read a number of different sources, I couldn't tell if the canal zone was a US territory or not.
Who knows if McCain had won weather the dems would have made an issue out of it or not.
I do think the evidence that Barry is not qualified by birth to be president is more compelling.

[tombogan03884]

The Canal zone was a US territory from the time TR signed the treaty until jimmy carter gave it away for our Bicentennial.


"That fact changes nothing. John McCain was still born in a foreign country, and under a strict interpretation of the U.S. Constitution, is not qualified to be President of the United States. Even our current State Department policy (7 FAM 1100) reads: "Despite widespread popular belief, U.S. military installations abroad and U.S. diplomatic or consular facilities are not part of the United States within the meaning of the 14th Amendment. A child born on the premises of such a facility is not subject to the jurisdiction of the United States and does not acquire U.S. citizenship by reason of birth.""

BS,