'Natural-born' requirement called 'stupidest provision'Also 'discriminates, outdated, undemocratic and assumes birthplace a proxy for loyalty'

[Melissa K]

Posted: December 03, 2008
9:00 pm Eastern


By Bob Unruh
© 2008 WorldNetDaily


An associate lawyer in a Chicago-based firm whose partner served on a finance committee for then-Sen. Barack Obama has advocated for the elimination of the U.S. Constitution's requirement that a president be a "natural-born" citizen, calling the requirement "stupid" and asserting it discriminates, is outdated and undemocratic.
Barack Obama and Kenyan Prime Minister Raila Odinga

The paper was written in 2006 by Sarah Herlihy, just two years after Obama had won a landslide election in Illinois to the U.S. Senate. Herlihy is listed as an associate at the Chicago firm of Kirkland & Ellis. A partner in the same firm, Bruce I. Ettelson, cites his membership on the finance committees for both Obama and Sen. Richard Durbin on the corporate website.

The article by Herlihy is available online under law review articles from Kent University.

The issue is the subject of nearly two dozen court cases in recent weeks, including at least two that have gone to the U.S. Supreme Court.

There have been accusations that Obama was born in Kenya, not Hawaii as his campaign has stated. His paternal grandmother has stated she was in attendance at his birth in Mombasa. While Hawaii officials say they have seen his birth certificate, they have declined to release information from it.
The Certification of Live Birth from Hawaii that the Obama campaign posted on the Internet isn't considered by critics to resolve the issue, since during the 1960s when Obama was born, the new state issued the document to infants not necessarily born in Hawaii.

There also remain unanswered questions about his youth, when he lived and attended school in Indonesia and later when he traveled to Pakistan. The questions include whether he gave up a U.S. citizenship to attend school or traveled on another nation's passport to Pakistan at a time when U.S. passports were unwelcome there.

Answers to those issues could determine whether Obama meets the Constitution's demand for a "natural-born" citizen
Herlihy's published paper reveals that the requirement likely was considered in a negative light by organizations linked to Obama in the months before he announced in 2007 his candidacy for the presidency.

"The natural born citizen requirement in Article II of the United States Constitution has been called the 'stupidest provision' in the Constitution, "undecidedly un-American," "blatantly discriminatory," and the "Constitution's worst provision," Herlihy begins in her introduction to the paper titled, "Amending the Natural Born Citizen Requirement: Globalization as the Impetus and the Obstacle."

She concludes that the "emotional" reasons to oppose changing the Constitution will prevail over the "rational" reasons demanding a change.

"The current American perceptions about the effects of globalization and the misunderstanding about what globalization actually is will result in Americans deciding that naturalized citizens should not be president because this would, in effect, be promoting globalization, Herlihy wrote.

"Although this argument is admittedly circular, because globalization is the thing that makes the need to abolish the requirement more and more persuasive, Americans' subsequent perceptions about globalization are the very things that will prevent Americans from embracing the idea of eliminating the natural born requirement.

"Logical Americans are looking for a reason to ignore the rational reasons promoted by globalization so that they may vote based on their own emotions and instincts," she wrote.
She blamed support for the constitutional provision on "fear, racism, religious intolerance, or blind faith in the decisions of the Founding Fathers."

WND called Herlihy's number listed on the law firm website, and a woman answered with, "Sarah Herlihy." But when WND identified itself as a news agency, the woman said she didn't think "Sarah Herlihy" was in, but would take a message. There was no return call.

In the body of her argument, Herlihy said the constitutional provision simply is outdated.

"Considering that the Founding Fathers presumably included the natural born citizen clause in the Constitution partly out of fear of foreign subversion, the current stability of the American government and the intense media scrutiny of presidential candidates virtually eliminates the possibility of a 'foreigner' coming to America, becoming a naturalized citizen, generating enough public support to become president, and somehow using the presidency to directly benefit his homeland," she wrote.

"The natural born citizen clause of the United States Constitution should be repealed for numerous reasons. Limiting presidential eligibility to natural born citizens discriminates against naturalized citizens, is outdated and undemocratic, and incorrectly assumes that birthplace is a proxy for loyalty," she wrote.

Many of the reasons for keeping the limit, she wrote, "are based primarily on emotion."

A web blogger suggested, "So it sure looks like Obama's people have looked into the matter of 'natural born' as far back as early 2006. What is even more disturbing is that it would appear that they are following the thought of : 'If the facts do not support the theory, Destroy the facts!"

[Lisa Karres]

Two public discussions regarding Barack Obamas Presidential
> eligibility will take place this Monday, December 8, 2008. I will be
> co-hosting a conference call at 9:00 a.m. PDT/12:00 Noon EDT. To
> listen and participate, please call 1-712-775-7100 and enter access
> code 594092. Then, at 1:30 p.m. EDT/10:30 PDT, the We The People
> Foundation press conference will be aired from the National Press
> Club in Washington D.C. -
> http://www.marketwatch.com/news/story/Mr-Obamas-Eligibility-Aired-Monday/story.aspx?guid=%7B35E191D7-D7BD-4722-BAF1-E6C0CBC18EA3%7D
> . Please note that both the conference call forum and the National
> Press Club conference will be broadcast worldwide on
> www.crusaderadio.com
> .
>
> We, the citizenry of America, have the basic right to learn about
> this critical information. I urge you to report in detail about both
> events!
>
> Pastor Wiley Drake
>
> Email: [e-mail]
>
> 714-865-8132

[Lisa Karres]

Did it ever occur to anyone that someone with a lot of money has been paying off thousands of people for many years to allow Obama to fly under the radar screen and get this far. George Soros? Hush money to hospital admins, media, college admission offices, government employees, passport office, etc. Where are all these people? Neighbors of his grandmother in Hawaii? Where is the illegal alien aunt? Wasn't she supposed to be deported? Now his grandfather in Kenya was beaten and tortured this week. Coincidence? All his relatives are suddenly disappearing.

[Lisa Karres]

Obama will have to either flee the country or commit suicide if the justices decide to hear a formal open court case on this issue. Because the outcome will be that he committed treason against the people of the United States and against the Constitution. He will not go down alone. Howard Dean seems to be suddenly absent - have you noticed that the man who was required to vette him is missing?.

[Lisa Karres]

I am with you guys! I know for a fact that ALL delegates in all 50 states have been sent via certified mail, letters containing information regarding this Obama citizenship issue. They can NEVER say they never knew when on December 15th they are asked to cast their electoral college vote. May they be convicted in their hearts to do the right thing. To stand up for justice. To stand up for the Constitution.

[Kurt]

Is the media Ms Herlihy refers to the same media that ignored the issue of Obama's citizenship, accepted the certificate posted by his campaign at face value, ignored his ties to Bill Ayres, didn't care about his lack of experience, etc. etc...??

Yeah, lets depend on the news media to tell us which candidate to vote for.. Isn't that how the Republicans got saddled with John McCain as their candidate this go round??

In Louisiana, our former senator John Breaux expressed interest in running for govener, but was excluded because he purchased a resident HUNTING LICENSE in another state within the previous year. Any one of the possible questions regarding Obama's citizenship would have been enough to exclude him if the MSM was interested in the truth and protecting the country. What they have done is pushed this issure aside and labeled anyone persuing it as fringe.

[Donna]

The natural born clause is to protect america from non americans running for office. one of the smartest in the constitution! If Obama is not a citizen he needs to be removed!!!!

[Mary Brown]

Hey - JJ - your comments were hilarious. This is such a serious conflict that it is hard to have a good laugh. Thanks! I agree - most of our elected officials are trying to stay on the sidelines. We need to check and see what happened to everyone's b_ lls - there seems to be an extreme shortage! I think Hillary has more than Obama!

[Kevan Corkill]

Prayers, prayers for the TRUTH to come into the light for all to see...Amen. :)

[Charles Lingerfelt, Texas State Coordinator]

He NEEDS to Know that He can Leave America ANYTIME HE WANTS!! The sooner the better!!!
And don't let the Door Hit him on the Butt as he leaves!!
-Charles

[JJ]

Good for you Joyce. Let it be known that Senator Bunning of Kentucky sent me a letter and stated,"there is a federal lawsuit pending in Pa. addressing this matter. As a U.S. Senator, I cannot intervene in the legal process and must defer to the courts to make the appropriate decision about this case".
No, Bunning, we're damned glad you weren't the leader of the party from Britain over 200 years ago, and we understand to get involved would require a set of balls-message received loud and clear and I expect you to lead and fight for my state?? Oh God, reasons for state militias getting clearer day by day.