Georgia judge rules Obama must be eligible to appear on ballot

by Jack Minor –

While multiple court cases over Obama’s eligibility to be President have been dismissed without ever hearing the merits of the case, a judge in Georgia has said the President must meet the constitutional demands of the office in order to appear on the ballot.

The ruling came from Deputy Chief Judge, Michael Malih,i in the Office of State Administrative Hearings.

The presidency is unique among all of the constitutionally held offices in that it requires the person holding the position to be a “natural born citizen.” Some have alleged that Obama was not born in the United States and is thus not eligible.

While the Constitution does not define the term “natural born citizen” there are some constitutional experts who have said the term is a reference to a child born of two citizen parents. This argument is supported by a U.S. Supreme Court decision from 1875, Minor v. Happersett.

In the ruling, which is one of the few cases addressing the issue of “natural born citizen” as opposed to a naturalized citizen, it 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.”

Based on this standard Obama’s birth certificate proves he is not eligible as his father was a non-citizen who came from Kenya.

Georgia state law requires that “every candidate for federal office who is certified by the state executive committees of a political party or who files a notice of candidacy shall meet the constitutional and statutory qualifications for holding the office being sought.”

While some have claimed it is up to the party to certify a candidate is eligible, the judge ruled that the law allows the secretary of state and any “elector who is eligible to vote for a candidate” in Georgia to raise a challenge to the candidate’s qualifications.

The decision came about from several complaints against Obama’s inclusion on the ballot in the state’s 2012 primary election.

Michael Jablonski, Obama’s attorney argued that the law did not apply to candidates running in a presidential primary, but the judge rejected that line of reasoning.

“Statutory provisions must be read as they are written, and this court finds that the cases cited by [Obama] are not controlling. When the court construes a constitutional or statutory provision, the ‘first step … is to examine the plain statutory language,”Malihi wrote. “Section 21-2-1(a) states that ‘every candidate for federal and state office’ must meet the qualifications for holding that particular office, and this court has seen no case law limiting this provision, nor found any language that contains an exception for the office of president or stating that the provision does not apply to the presidential preference primary.”

The judge went on to say in his ruling, “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.”

Following the denial of the president’s motion, a hearing was scheduled for Jan. 26 on the issue.


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  • silverbull8 says:

    See more information at
    http://naturalborncitizen.wordpress.com/

    Follow the court action at http://www.scribd.com/ by following Jack Ryan and Silverbull8.

  • silverbull8 says:

    Obama is Unfaithful to the Laws and the US Constitution

    The US Constitution contains clear mandate that the President shall faithfully enforce the laws.

    There is no allowance for discretionary enforcement.

    He has issued a clear and decisive decree stating he chooses to act in opposition of the US Constitution.

    This is felony, treason, and an possibly an act of war against our favored nations, in that he is robbing other nations of brain trust, by stealing citizens as children, before they can learn where their cultural center is.

    Children born to aliens are aliens, not US citizens, and they belong with their parents who need to be deported.

    Whereas Barack Hussein Obama II, has violated the US Constitution, and

    Whereas he is guilty of felony and treason,

    Therefore he is impeachable.

  • David farrar says:

    As lead plaintiff in the Georgia case mentioned above; I can tell you we want what Judge Malihi wants: for Barack Obama to prove by a preponderance of evidence that he has met his constitutional qualifications to take the oath of office for the presidency of the United States.

    ex animo
    davidfarrar

  • Chili Dawg says:

    There are so manythings wrong with your article that it would take days to debunk.

    No worry, Orly will do a major face plant on January 26 and you birthers will be left with nothin, as usual.

  • Dakota says:

    Chili Dawg, you are so right. Orly has been caught in so many lies, she even lied about the subpoenas that have supposedly been issued. They were taken off a Georgia website that are available to all attorneys. There is no valid signature on the subpoenas.

  • CAEI says:

    Barack Obama is an Illegal alien.

  • This will be the second case in which the courts will address the eligibility question; the first was Ankeny v Daniels in Illinois.

    I hope Mr. Farrar gets what he’s asked for, a decision by the court based on a preponderance of the evidence. I just hope that once that decision is made, that folks will respect it instead of trashing the judge (like we have seen so many times before).

  • HistorianDude says:

    @Dakota

    The fake “subpoenas” that you reference got their first test today in Hawaii where Orly Taitz tried to get the Hawaiian court to enforce them.

    She was denied.

  • AlCum says:

    To David Farrar: What you want, Obama already has provided. Obama is indisputably the FIRST and ONLY US presidential candidate in our nation’s history to release a birth certificate. None before him ever actually proved his eligibility. Your denial of this proven fact actually is helping us re-elect Obama by an even greater landslide than in 2008. Please please please keep it up.

  • silverbull8 says:

    Obama admitted on his websites he was born dual citizen, but then used propaganda to say he lost dual citizenship by age 23. However, natural born citizenship exists at birth and never changes, thus proving Obama was not born nbc, and thus he fails constitutional eligibility. The point of argument is constitutional eligibility to be on the ballot. But, the arguments were made after he was a sitting POTUS. Obama fails to constitutionally qualify as a candidate, and cannot be on the 2012 ballot, unless he can prove he is a natural born citizen. Except doing so will forever redefine what a natural born citizen is, and could allow persons native born in the US of dual nationalities to run in future presidential elections, thus jeopardizing the National Security, US Sovereignty, as the President is the Commander in Chief of the Armed Forces.

    If the Constitution is US law, then the historical precedent set by US Senators, Representatives and Presidents serving under the law, defines natural born citizen as a person not living at the adoption of the US Constitution, but born in the US of two US Citizens. Let the record show only CA Arthur and Obama got away with breaking precedent. 1930 census proves Spiro Agnew’s father naturalized in time.

    – Barack Hussein Obama II, was born a dual-national and therefore never was a natural born citizen, and cannot ever be blessed or converted into a natural born citizen.
    – He is not constitutionally eligible to be a US President.
    – He was erroneously put into the 2008 Presidential Election.

  • John Hardman says:

    2012 will go down in history as the year that the first “Bogus President Crow Eating Event” took place.
    Millions of Gullible and Brain Damaged Obamaphants, were forced to eat their cat calls, snide remarks
    and flat out rude, crude behavior in thier futile attempt to aquit Obama of treasonous activity, election fraud, dereliction of duty, collusion and subversive activities in trying to overthrow the Country He had sworn to protect from all enemies; foreign and domestic.
    Bon Appetite mon Ami

  • TC says:

    Orly has continously been denied her day in court, and has many MANY dockets before the court that have ‘vanished’ – who would be the obvious choice to look to for why that is happening?

    and as for AlCum : BO has never EVER released a birth certificate. The governor as well as the state secretary already acknowledged that they have NEVER seen what he claims is there, and than they were visited by the secret service and told to shut up. So please, please PLEASE continue your denial of the truth .. I am not a birther, but I am a genealogist, and facts are facts. Those that claimed they have identified his lineage are doing so falsely as there is NOTHING to prove where he was born, and too many other issues to say for fact where he was born. Than there is that pesky little fact about the year he was born and if his *cough* mother could transfer american citizenship to him, which she could not, due to the status of his *cough* father. Truthfully? no one knows who his real father – or mother – is and I suspect, that no one will.

  • Dave S says:

    Odumbo has spent over 2 million US dollars to block his personal records from coming to light. No one spends that kind of money who is innocent.

  • Ted says:

    You Omamba Robots are soooo pathetic. You are all just as teacherous as he is. You have no allegience to this nation. Your minds are twisted into thinking that he is good for this nation when, in fact, he is good for nothing! You should all wind up where he is now almost sure to.

  • bandido says:

    Thanks AlCum! I do plan to “keep it up” because obama is going down, down, down!

  • james says:

    The senate held a hearing regarding John McCain and if he was a natural citizen. here it is>
    Sen.
    Leahy Says Two US Citizen Parents — And Obama
    Agrees

    On April
    10, 2008, Sens. Patrick Leahy (D-VT) and Claire McCaskill (D-MO) introduced a resolution expressing the sense of
    the U.S. Senate that presidential candidate Sen. John McCain (R-AZ) was a
    “natural born” Citizen, as specified in the Constitution and eligible to run for
    president. Sen. McCaskill knew Obama was not a U.S. Citizen, that’s why she
    introduced this bill — dressing it up to look like it was in Sen. John McCain’s
    cause.It was during the bill’s hearing that Sen. Patrick Leahy, Chairman
    of the Senate Judiciary Committee, made the following statement:

    “Because he was born
    to American citizens, there is no doubt in my mind that
    Senator McCain is a natural born citizen,” said Leahy. “I expect that
    this will be a unanimous resolution of the Senate.”

    At a Judiciary
    Committee hearing on April 3, Leahy asked Homeland Security Secretary Michael
    Chertoff, himself a former Federal judge, if he had doubts that McCain was
    eligible to serve as President.

    “My assumption and my understanding is
    that if you are born of American
    parents, you are naturally a natural-born American
    citizen,” Chertoff
    replied.
    “That is mine, too,”
    said
    Leahy. What’s interesting here is that Sen. Leahy, the
    Chairman of the Senate Judiciary, confirms that a “natural born” citizen is the
    child of American citizen parents.Parents — that’s two.
    That’s BOTH parents.Every time the words,
    “citizen” and “parent,” are used by Sen. Leahy and Sec. Chertoff, the plural
    case, “citizens” and “parents,” is used. The plural case is the operative
    case.It is Sen. Leahy’s opinion — his own recorded words,
    in a formal Senate Resolution and on his U. S. Senate website — that Barack
    Obama is not a “natural born” citizen, and therefore not eligible to serve as
    Commander-in-Chief, regardless of his birthplace.Obama had one American parent –singular — his
    mother. His father was a citizen of Kenya, and a subject of Great
    Britain.
    show more show less

  • james says:

    google senate hearing regarding John McCain and natural born citizen. Guess who signed off on the rearing?
    Why none other than the flimflam man.

  • Dawn says:

    Just wondering if you will be posting the news story from todays court hearing. I’ve seen it on political sites, but would rather cite it from a local newspaper who is deemed more objective. Just started reading about this and I’m wondering what’s really going to be the ramifications now that it’s officially been heard.

  • HistorianDude says:

    Just to tie up loose ends here.

    The Birthers were up against a empty seat. Obama and his lawyer boycotted the hearing. The plaintiffs got to make their cases unopposed.

    And they lost anyway.

    Judge Malihi ruled that Obama is a natural born citizen and that his name should appear on the ballot.

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