Open Letter to the 2008 Nevada Electors re: Barack Obama’s Eligibility as a Natural Born Citizen

 

 

I am publishing a copy of the letter I sent to the Nevada electors urging them to do their Constitutional duties to truly investigate whether or not Mr. Obama is Constitutionally eligible to become the President of the United States.  I am also sending a copy of this to my Representative and Senators.   You are welcome to cut and paste this letter or edit and use it as you see fit.  Information to find your elector can be found here   

 

 

Dear Elector, 

 

Please allow me a moment of your time to express my sincerest hopes that you cast your vote as a member of the Electoral College, only after full considerations of the basis and effect of your vote not only on this election in 2008, but for elections to come and the very rule of law and the mandates of the Constitution of the United States.

 

Although I am a registered Republican, I write to you most sincerely first and foremost as an American.  I do not want to see an election “overturned” or a Republican administration rather than a Democratic administration.  I do not want a “do over” in the least.  More than anything, I want the Constitution to be followed as it is the foundation of all our laws and the bedrock upon which this country was founded and has flourished.  As a veteran of the United States Marine Corps, I solemnly swore to support and defend the Constitution of the United States and to bear true faith and allegiance to the same; though I am no longer an active Marine, I took that oath as a pledge to follow for the rest of my life.  As a servant to my country and my Constitution, I come to you in that same spirit and beg of you to consider your duties as Americans and Electors.

 

The Electoral College is important for two reasons. First, for small states like Nevada, we are protected from being “run over” by large states. The second reason is not as well known, but given the current political circumstances, absolutely prescient. The Founding Fathers worried that a charismatic, manipulative person might “turn the heads” of the electorate. To prevent the masses from making a fatal error, the Electoral College, people with cooler heads and a commitment to the Constitution, could prevent a crisis.

 

Hamilton wrote in the Federalist Papers:

“It was equally desirable, that the immediate election should be made by men most capable of analyzing the qualities adapted to the station, and acting under circumstances favorable to deliberation, and to a judicious combination of all the reasons and inducements which were proper to govern their choice. A small number of persons, selected by their fellow-citizens from the general mass, will be most likely to possess the information and discernment requisite to such complicated investigations. It was also peculiarly desirable to afford as little opportunity as possible to tumult and disorder. This evil was not least to be dreaded in the election of a magistrate, who was to have so important an agency in the administration of the government as the President of the United States. But the precautions which have been so happily concerted in the system under consideration, promise an effectual security against this mischief.”

  

Therefore, rather than supposing that human nature has changed in 200 odd years and that the Electoral College is now just a quaint notion, it is for exactly this sort of circumstance that America has been well served with the Electoral College system.  The Electoral College is the mechanism which could now prevent a Constitutional Crisis. If the Electoral College were to turn its head, intimidated by the election of a charismatic, historic person who just happens to have broken the “color barrier” and allow a fraud, an unqualified person to ascend to the Presidency would set a precedent from which we could never recover.

 

The Constitutional crisis that we face is the election of Barack Obama to the Presidency of the United States.  The Framers of the Constitution, at the time of their birth, were mostly British Citizens and that’s why the Framers declared that, while they were Citizens of the United States, they themselves were not “natural born Citizens”. Hence their inclusion of the grandfather clause in Article 2, Section 1, Clause 5 of the Constitution:

 

“No person except a natural born Citizen or a Citizen of the United States, at the time of the Adoption of this Constitution shall be eligible to the Office of President;”

 

Nobody alive today can claim eligibility to be President under the grandfather clause since nobody alive today was a citizen of the US at the time the Constitution was adopted.  The Framers distinguished between “natural born Citizens” and all other “Citizens”. And that’s why it’s important to note the 14th Amendment only confers the title of “Citizen”, not “natural born Citizen”. The Framers were Citizens, but they weren’t natural born Citizens. They put the stigma of not being natural born Citizens on themselves in the Constitution and they are the ones who wrote the Document.

 

Since Barack Obama’s father was a Citizen of Kenya and therefore subject to the jurisdiction of the United Kingdom at the time of Senator Obama’s birth, then Senator Obama was a British Citizen “at birth”, just like the Framers of the Constitution, and therefore, even if he were to produce an original birth certificate proving he were born on US soil, he still wouldn’t be eligible to be President.

 

The Framers wanted to make themselves eligible to be President, but they didn’t want future generations to be Governed by a Commander In Chief who had split loyalty to another Country. The Framers were comfortable making an exception for themselves. They did, after all, create the Constitution. But they were not comfortable with the possibility of future generations of Presidents being born under the jurisdiction of Foreign Powers, especially Great Britain and its monarchy, who the Framers and Colonists fought so hard in the American Revolution to be free of.

 

Since the Framers didn’t consider themselves to have been “natural born Citizens” due to their having been subject to British jurisdiction at their birth, then Senator Obama, having also been subject to British jurisdiction at the time of his birth, also cannot be considered a “natural born Citizen” of the United States.  Barack Obama’s official web site, Fight The Smears, admits he was a British Citizen at birth. At the very bottom of the section of his web site that shows an alleged official Certification Of Live Birth, the web site lists the following information and link thereto:

 

FactCheck.org Clarifies Barack’s Citizenship

“When Barack Obama Jr. was born on Aug. 4,1961, in Honolulu, Kenya was a British colony, still part of the United Kingdom’s dwindling empire. As a Kenyan native, Barack Obama Sr. was a British subject whose citizenship status was governed by The British Nationality Act of 1948. That same act governed the status of Obama Sr.’s children.

 

Since Sen. Obama has neither renounced his U.S. citizenship nor sworn an oath of allegiance to Kenya, his Kenyan citizenship automatically expired on Aug. 4, 1982.”

 

That is a direct admission Barack Obama was a British citizen “at birth”.

 

Because Obama had dual citizenship “at birth” and therefore split loyalties “at birth”, he is not a “natural born citizen” of the United States. A “natural born citizen” would have no other jurisdiction over him “at birth” other than that of the United States. The Framers chose the words “natural born” and those words cannot be ignored. The status referred to in Article 2, Section 1, “natural born citizen”, pertains to the status of the person’s citizenship “at birth”.

 

Since Obama was, “at birth”, a British citizen, it is completely irrelevant, as to the issue of Constitutional “natural born citizen” status, whether Obama was born in Hawaii or abroad. Either way, he is not eligible to be President. Should Obama produce an original birth certificate showing he was born in Hawaii, it will not change the fact that Obama was a British citizen “at birth”.

 

Article 2, Section 1, Clause 5 of the Constitution of the United States:

 

“No person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution shall be eligible to the Office of President; neither shall any Person be eligible to that Office who shall not have attained to the Age of thirty-five Years, and been fourteen Years a Resident within the United States.”

 

The most overlooked words in that section are: “…or a Citizen of the United States, at the time of the Adoption of this Constitution…” You must recall that most, if not all, of the framers of the Constitution were, at birth, born as British subjects.

 

And so, for Obama or anybody else to be eligible to be President, they must be a “natural born citizen” of the United States “at birth”. It should be obvious that the Framers intended to deny the Presidency to anybody who was a British subject “at birth”. If this had not been their intention, then they would not have needed to include a grandfather clause which allowed the Framers themselves to be President. 

 

The consequences of inaction are anything but trivial, the repercussions are not simply overlooking an “outdated technicality”, they threaten the very legitimacy of the office of the President of the United States and acts of the United States Congress.

·         If Obama fails to prove his natural born citizenship but the voters, the Electors, or the Members of the House purport to “elect” him, he will be nothing but a usurper, because the Constitution defines him as such. And he can never become anything else, because a usurper cannot gain legitimacy if even all of the country aid, abets, accedes to, or acquiesces in his usurpation.

·         If Obama takes the Presidential oath, knowing that he is not a natural born Citizen, he will commit the crime of perjury or false swearing. So, even if the Chief Justice of the Supreme Court himself looks the other way and administers the oath, Obama will derive no authority whatsoever from it.

·         If the Oath is perjured, Obama’s every subsequent act in the usurped Office of President will be a criminal offense.

·         If he is indeed a usurper, Obama will not Constitutionally be the Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States, when called into the actual Service of the United States….therefore, he will be entitled to no obedience whatsoever from anyone in those forces.

·         Any promotions or appointments of officers of the U.S. armed forces and Coast Guard would be void.

·         Any judgments, rulings or orders issued by officers appointed to or promoted within the various armed services or Coast Guard, would be void and unlawful, requiring subordinates to refuse to obey them under the provisions of the Uniform Code of Military Justice.

·         If he is indeed a usurper, Obama will have no conceivable authority to make Treaties, or to nominate, and appoint Ambassadors, other public Ministers and Consuls, Judges of the Supreme Court, and all other Officers of the United States.

·         No civilian in the Executive Branch would be required to obey any of your proclamations, Executive Orders or directives; as such orders would be legally void.

·         Any judgments, rulings or orders made by judges appointed to the various federal courts, including the Supreme Court of the United States would be void.

·         Congress can pass no law while a usurper pretends to occupy the Office of President. Thus, if Obama deceitfully enters office as a usurper, Congress will be rendered effectively impotent for as long as it acquiesces in his pretenses as ‘President’.

·         If Obama does become a usurper posturing as the President, Congress cannot even impeach him because not being the actual President he cannot be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors…In that case, some other public officials would have to arrest him – with physical force, if he would not go along quietly – in order to prevent him from continuing his imposture.

 

Each member of the Electoral College, who is committed to casting a vote on December 15, 2008, has a Constitutional duty to make certain Barack Obama is a natural-born citizen. As of today, there is no evidence in the public record that defeats the claim that he is barred by law from assuming the Office of President because of failing the Constitution’s eligibility requirements.  All state Electors are now on Notice that unless you are provided documentary evidence before December 15, that conclusively establishes his eligibility; you cannot cast a vote for you without committing treason to the Constitution.

 

“In a government of laws, the existence of the government will be imperiled if it fails to observe the law scrupulously. Our government is the potent, the omnipresent teacher. For good or for ill, it teaches the whole people by its example. Crime is contagious. If the government becomes a lawbreaker, it breeds contempt for law; it invites every man to become a law unto himself; it invites anarchy.” Olmstead v. U.S., 277 U.S. 438

 

Questions about qualifications as to being a Natural Born Citizen are neither about policies nor politics, they are fundamental. It cannot be overlooked by reason of popularity or special dispensation. It goes to the root of rule by law and cuts to a core demand laid down by our founding fathers and is enshrined in statutes that set the standard; the minimum standard that must be met to hold the office of President.  This is no trivial matter as the civil transfer of power and even the subordinate position of the military depends and passage of future laws depends on the presumption of legitimacy. We cannot leave this cloud of illegitimacy hanging over the Presidency.

 

For the sake of the validity of the new Presidency, the Electors must demand that Congress and the Senate conduct an open, transparent, bipartisan investigation whose results would be available prior to the casting of Electoral Ballots in December and be also be publicly available to answer any possible challenge as the 20th amendment allows on January 6th, 2009.

I implore all members of the Electoral College to set aside partisan feelings and hold up the Constitution as the supreme law of the land and to vet the credentials of any and all candidates and to do so plainly and with due diligence.  Thank you for your understanding and cooperation in this urgent matter.

 

Very Truly Yours,

Christopher M. Wiseman 

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