Craig Andresen

Obama’s Eligibility, A Constitutional Crisis in the Making

By Craig Andresen on February 1, 2012 at 6:36 am

How exactly does one go about constructing a Constitutional crisis?

It can’t be done easily and it takes a concerted effort to contradict the very framework of our nation.

Obama is in the midst of such a creation.

If Georgia Judge, the Hon. Michael Malihi, returns a verdict disallowing Obama’s name from the Georgia ballot, a Constitutional crisis could well be the outcome. The threat of such an event can be no reason to issue a ruling which would avoid it.

In last week’s Georgia hearing, neither Obama nor his attorney were present. Obama was campaigning in Nevada and his attorney, Michael Jablonski, issued to the Georgia Sec. of State the previous day, his intention of non participation.

Regardless of the outcome and the decision of the Judge, an appeal will certainly follow and should the Judge rule against Obama, expect an injunction to be filed preventing the Georgia Sec. of State from taking action to remove Obama from the ballot.

One of the things which is sure to be brought into play by Jablonski is Executive Privilege.

It will be claimed that Obama, as sitting President, has the Executive Privilege to ignore the subpoena of the court.

We believe this will be met with resistance by the legal team for the plaintiffs.

The Supreme Court clearly set precedent in 1974 regarding Nixon and Watergate. A President can claim Executive Privilege when military or diplomatic secrets were at stake or if the information subpoenaed affected internal executive office deliberation pertaining to national security.

For Obama to claim Executive Privilege, he would have to show how his father’s nationality, his birth certificate, his Social Security number or other elements of his past, entered into the Georgia court record last Thursday, are elements of the military, diplomatic or internal discussions related to national security.

Of course, the elements of Obama’s past which are now part and parcel of the case against his being allowed on the Georgia ballot do not rise to anything near that level.

With the precedent set by the Supreme Court in 1974, the President, any President, is not above the law.

Should Judge Malihi find that the evidence and testimony provided last Thursday carry enough weight, and as no evidence or testimony was given to the contrary as Obama’s attorney decidedly opted not to participate, and rule that Obama’s name not be included on the ballot in Georgia, that decision will be met with an immediate appeal.

This will have the effect of dragging out the ultimate decision and one can assume that is the tact being employed by Obama and his attorney. Drag it out long enough to have Obama on the ballot before any final decision can be reached. State court. State Supreme Court. U.S. Supreme Court.

Obama and his attorney know the clock is ticking loudly and stall tactics work in their favor.

For the sake of this article, realizing no decision from Judge Malihi has been delivered at this writing, a fair amount of speculation is forgivable. Let’s say that Obama is denied a place on the Georgia ballot and subsequent appeals by him fail.

What then?

In this scenario, Obama is found ineligible for the Georgia ballot.

One can easily see a cascade of other plaintiffs in a multitude of states filing similar or carbon copy complaints – and with one state’s precedent set, one could also reasonably suspect any other such cases would have a similar outcome.

He could hold out and complete his term while all the while, being suspected of being Constitutionally ineligible.

As he would not appear, in this scenario, on most state’s ballots in November 2012, the DNC would have to find a different candidate. This move may be under way behind the scenes as Hillary Clinton has let it be known she doesn’t intend to serve another term as Secretary of State. While she claims to be leaving government all together, that could…COULD be a ploy and it isn’t hard to believe, if pressed by the DNC, she would run for President.

The DNC, because of the evidence presented last Thursday, could be in hot water as they certified Obama to run in 2008. The evidence presented shows a clear difference between the DNC and RNC certifications in 2008. The DNC certification doesn’t include the word “Eligible” which could provide plausible deniability to the DNC though one would suspect they would have to answer for the missing word.

What of the legislation bearing Obama’s signature?

This could pose some real issues. Those piece of legislation were passed by Congress so it is arguable that they might stand. Of course they would not have become law without Obama’s signature and, again, for the sake of this article and argument, he has been found ineligible or at the very least, legitimately suspected of it.

Repeal of legislation would be the fastest and surest way to overturn it which is one reason why a Republican-controlled House and Senate after the 2012 election is such a high priority.

Executive Orders?

It would seem they would be null and void as they are enacted without consent of Congress but that could only happen, we suspect, after such time as Obama’s ineligibility is proven beyond reproach in court.

A new President has the ability, by Executive Orders of his or her own, to reverse previous such orders – and again, that would be the surest and quickest way to do it.

Obama could resign. Nixon did it for the good of the nation and exactly to avoid a Constitutional crisis. It is arguable that Obama’s ego and arrogance would not allow him to do this.

Obama could be impeached.

This would be time consuming; and with the Senate controlled by Democrats at this time, an outside shot at best.

As Commander in Chief, Obama has sent our service men and women into harm’s way. Some have died and some injured. How exactly an illegitimate President, one found Constitutionally ineligible, effects that is completely unknown.

The Constitutional crisis which would unfold, should Obama eventually be found constitutionally ineligible, would be enormous and the ramifications of it would echo for years, maybe decades to come. Such a finding would be unprecedented. The mechanisms to deal with such a thing, untested.

There are options or, ways for Obama to get out of the situation.

1)      Obama would have to prove his father was a U.S. citizen meaning the man who he has claimed was his father, really wasn’t and “Dreams From my Father” would be a work of fiction rather than a memoir. That book after all, was featured prominently during his 2008 campaign.

2)      The court would apply a lower standard to “Natural Born Citizen” making it possible that only 1 parent need be a citizen or worse, that neither need be a citizen only that the person running for President be born on American soil. This would allow for a President, by virtue of birth, to have a close allegiance to another country or for the offspring of illegal aliens to serve as our President.

3)      Obama could either resign or be impeached pending the outcome of the case against him.

4) Ignore it all and just hope it blows over. This in and of itself would set a precedent which would be most dangerous. Once such a precedent is set, the door is open to a future of questionable candidates whose motives might be swayed by foreign entities. This option places the eligibility clause of the Constitution in a position to be ignored completely.

None of this even touches upon the other issues raised, testified to or presented evidence from last Thursday. The birth certificate, the Social Security number, Obama’s own citizenship, his living in 2 places at the same time, etc.

To say there is a dark cloud over Obama at this point is an understatement; but, so far, with a President who is putting himself above the law, a complicit media willing to provide cover, a Congress seemingly not wanting to be bothered and a liberal base being more than dismissive ignoring any facts brought about and entered into official court records, the situation is bleak.

Clearly, the Judge’s decision, forthcoming within days, will not be the end of the thing, but rather, only the beginning. While the ramification of a Constitutionally ineligible President having served a complete or nearly complete term are staggering the alternative…would be crushing.

To ignore the eligibility issue altogether or to apply the most relaxed standard possible to “Natural Born Citizen” in order to avoid such a crisis would be worse than the crisis itself.

Clearly the Founders and Framers intended the most stringent standards be met and the Constitution is the bedrock upon which our nation stands. If a President, any President, is allowed to meet only the lowest common denominator, it would render the entire Constitution a mere suggestion rather than the highest law of the land.

If a President, any President is not to be held to the Constitution, how then or why, would any of us be expected to abide by it?

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17 Responses to “Obama’s Eligibility, A Constitutional Crisis in the Making”

  1. Carol Says:

    This is a MUST READ article. Very thoughtful, covering all the aspects of this, including what I have been screaming about for years, rendering null and void all his executive orders and signatures on all those bills!

  2. Daniel's Seventieth 7 Says:

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    Pray

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  3. Jim D Says:

    I am no attorney by any means. However, is it possible that the Judges rulings could be time specific. Lets say that it indicates action must be taken no later than March 6th (possible Georgia primary) Is something like that an option for the Judge. If so, could something like that benefit either the defense or plaintiff in appeals cases.
    I am not sure but it seems that when GWBush ran in 2000 and Florida ballots were in question, the Supreme court said they had to follow the timescale set by the State of Florida to certify the ballots, and that the Gore camp simply ran out of time.

    Would this help the Farrar camp, is it possible?
    Jim D

  4. Rogue Rose Says:

    Another Crisis in the Making?

    Excellent analysis and information. Would you consider an article about Mitt’s eligibility questions? I think that needs to be resolved before his campaign goes much further. I don’t think his father (I’ve not seen any info on his mother) had citizenship passed on to him by his parents. Even if he did, I don’t believe he was able to pass it to his son, Mitt. I think the chain starts with his great-grandparents and whether they were legally ex-patriots after residing in Mexico for 5 years. We don’t need to have another pretender in the wh.

  5. TROOPER Tom Says:

    As a former CW4 US Army Helicopter pilot and Vietnam veteran, DFC, 34 Air Medals etc, I have never heard mention of whether Barack Huessain O’Bama has lawfully complied with his duty under the Selective Service Law. The SSL requires all male citizens of the United States of America to register at the age of 18. He must register to receive a Selective Service Card should he need be called up to serve in the military in a time of War Etc.. Wherever O’Bama was living when he reached that age and maturity and whether he properly complied with the law or whether he considered himself a foreign national at that time, would seem significant. How could a male president serve as CIC of our military if he himself has not complied with the SSL? If he is in possession of a card now, when did he get it and where did he get it? Food for thought!!!

  6. Nick Horan Says:

    To Trooper Tom, you are right, I’m about the same age of Obama. I signed up for the the Selective service, The Federal government keeps records. Would the FOIA be able to produce his card?? And would Obama supporters even care if couldn’t produce it???
    I think not, they all drank to much kool-aid. I love my family, but even some of them have too much kool-ai in them (propaganda) to help them.

    Good luck to you my friend!!

  7. Jessica Vandever Says:

    Has anyone ever heard of any other man named Barack Hussein Obama?
    Where does that name come from? It surely isn’t Kenyan. Or Hawaiian even.
    I think we all know that this man has lied to the American people for four years now and is finally going to be shown for the fraud he truly is. I find it appalling that the media hasn’t really reported ANYTHING about this case.
    I hate the liberal media.

  8. Harry Says:

    Does anyone know the status of the case?

    I was thinking that if the judge was wise he would sequester himself until he sorts out what hes going to say so that the feds can’t try to influence his decision.

  9. Jim Delaney Says:

    So, what happened to the Feb 1st/Feb 2nd ruling anticipated and reported by so many sites,, including some of the plaintiff attorneys?

  10. Conservative ForLife Says:

    Is there a petition to sign for all of us patriots to have Obama’s name removed from every ballot?

  11. Conservative ForLife Says:

    Afterall, according to the facts, he is not eligible. It’s time we the people do something since our government have not shown themselves to be doing anything about this!

  12. S ... Says:

    HAHAHA HAHAHA HAHAHA HAHAHA, you’ve got to be kidding. For a minute I thought this was a real article, nice joke, cute. One major flaw though or I might have thought you were serious, before you go spouting legal maxims that you obviously have not clue about … get a law degree and read the constitution.

  13. WWII vet Says:

    RE: S… Says. I’ve read the constitution several times, and you do not have legal training to understand it and understand every word, phrase, sentence, and paragraph. BHO is not an American citizen. He went to college as a citizen of another nation, is the only enemy we need to fear, and has, with the help of the DNC and press, insulted every American.

  14. Dubya D Says:

    The Selective Service issue is interesting and one I have not seen or heard mentioned before. I would like to see someone with the ability and the resources to pursue that, do so.

  15. Sid Davis Says:

    Sure would be nice if the Judge kept Obama off the Georgia ballot and found him in contempt of court on the basis that he did not appear and cannot claim executive privilege because he is already occupying the office of President in violation of the US Constitution.

  16. Jean Says:

    So, what did the Feb 2 2012 ruling state specifically in the opinion? I read the article that summarized the judge had ruled that Obama would remain on the GA ballot, but didn’t see the reasoning of the ruling. Maybe I overlooked the opinion…I’ll look again unless someone can point me to it. thx.

  17. Jim Says:

    Appears, as we knew all along, our judicial system is also broken as the ruling was not even close to correct resolution. Where do we go next when absolutely NO ONE is listening????????