Why it’s time to take birthers seriously [closed]


[Okay, this silliness has gone on long enough. We don't subscribe to birtherism on the site. If that's an itch you really feel needs to be scratched you're in the wrong place.

--streiff]

Last week Mr. Obama publically referred to the controversy surrounding his eligibility for the Office of the Presidency – and Allahpundit, writing for hot air, said this about Mr. Obama’s decision to raise the issue:

It’s newsworthy as a rare example of The One addressing Birthers directly and as proof of how useful this dopey controversy is to him, letting him take the high road – during a speech about faith, no less – vis-a-vis opponents looking to discredit him by all available means. The citizenship line is delivered almost as an afterthought, but I doubt it was unscripted: Remember, Birtherism is part of the Dems’ midterm strategy, to frighten indies into believing that the GOP’s too fringe-y to be trusted with governance.

I believe a lot of smart people want to agree with Allahpundit on this, but that the bitter truths of the birther issue do not – and as the denier vindication going on in the various climategate scandals shows, reality always triumphs in the end.

The importance of the birther issue is both simple and complex: simple because the bottom line reality of birther claims is blatantly obvious, and complex because birther reality is compounded out of deep emotional conflicts within themselves, among members of the birther community, and between birthers and those who try to use the label “birthers” to denigrate them.

Notice that there are two very different issues here: what’s right about birther beliefs, and what risks deniers run as pressures building inside the cauldron of birther emotional response seek outlets.

The most obvious conflict arises from the “birther” label, because most birthers adopting it know it’s a lie.

The term appears to have originated with, and was certainly popularized by, a number of major media players whose general zealotry on behalf of Mr. Obama’s perceived agenda leads easily to the assumption that the coinage incorporates a sneering reference to the 9/11 truthers with a sophisticated attempt to limit public attention paid birther concerns to the matter of Mr. Obama’s missing birth certificate.

In reality, however, relatively few birthers put the missing birth certificate at the center of their concerns. On the contrary, most see it only as simultaneously the easiest example to publicize of all the missing Obama documentation, and as the most glaring example of mass media hypocrisy in that the latter went full bore after proof that Sarah Palin’s son is really her’s and repeatedly demanded that John McCain prove his eligibility for office, but not only viciously attack anyone unwilling to accept an obviously inadequate profer as sufficient proof of Mr. Obama’s American birth, but appear to deliberately mislead their audience by conflating legal citizenship with natural citizenship.

What we don’t know about Mr. Obama
The traditional list of examples, lifted straight from Joseph Farah’s wnd.com, looks like this:

Besides Obama’s actual birth documentation, the still-concealed documentation for him includes kindergarten records, Punahou school records, Occidental College records, Columbia University records, Columbia thesis, Harvard Law School records, Harvard Law Review articles, scholarly articles from the University of Chicago, passport, medical records, his files from his years as an Illinois state senator, his Illinois State Bar Association records, any baptism records, and his adoption records.

The less canonical version makes the utterly absurd, but sadly correct, claim that we know more about North Korea’s Kim Jong-Il than about Mr. Obama – because we know who paid for Mr. Kim’s education; we know when, where, and to whom, he was born; we know his national and religious affiliations; and, he has not spoken convincingly on both main sides of every major issue.

The deeper conflict birthers feel is both more complex and more subtle. In general birthers are Americans who deeply love their country or foreigners, like me, who deeply love the American ideal of one nation, under law – and it’s the “under law” component here that carries the emotional firepower for birthers. Under the highest law of the American nation, The Constitution, Mr.Obama’s ineligibility for the office he pretends to is unquestionable – but moral law, and today’s social values, contradict that to catch birthers between two deeply held value sets.

The intellectual side is easy: Article II, Section 1, Clause 5 of the Constitution requires that the President be a natural born citizen and as long as Mr. Obama claims that his father was a Kenyan of British citizenship (by coincidence precisely the loyalty split the founders were concerned about and their successors fought a war over twenty five years later) he cannot be eligible for the office he pretends to.

The emotional one is harder: the constitution was written at a time when family rights and obligations descended exclusively through the father, but we now treat the mother as of equal importance – and since Mr. Obama’s mother is thought to have been an American at the time of his birth, the emotional response is to treat his electoral victories as a kind of jury nullification of this particular constitutional requirement.

About the certificate of live birth [COLB] released by Mr. Obama’s campaign
There are three separate issues here:

  1. The constitutional requirement that the president be a “natural born” citizen is not primarily about the candidate’s place of birth. It is primarily a requirement that the father be American.
  2. the COLB provided by the campaign has a fatal flaw in that it describes Mr. Obama’s father as “African”; a term not in use for Hawaiian birth documentation during the early 1960s.What seems to have happened was that Hawaii’s move to digital records enabled someone to let political correctness trump the legal need for facsimile reproduction and therefore change the original from “Negro” or “Negroid” to “African.” However, the legal maximum: “falsus in unum, falsus in omnia” applies, and this document therefore proves nothing without supporting testimony and production of the underlying records.
  3. A genuine Hawaiian COLB does not suffice to prove American birth.The Hawaiian COLB documented resident children up to one year of age regardless of their place of birth and required only that the guardian parent be ordinarily resident in Hawaii for the previous year.It appears, furthermore, that Hawaii 182 H.B. NO. 3016-82 allowed anyone to be issued valid Hawaiian birth certification on proving to the satisfaction of the Director of Health for Hawaii that the “legal parents of such individual while living without the Territory or State of Hawaii had declared the Territory or State of Hawaii as their legal residence for at least one year immediately preceding the birth or adoption of such child”.

And as if that isn’t conflict enough, there’s one that’s even more important: birthers tend to be people who respect the law, respect opposing viewpoints, and generally avoid both person to person and political conflict – but being a birther stands in opposition to all that: it means making yourself a target for the two ends of the democratic spectrum still supporting Mr. Obama: the unemployable illiterates whose forte is hate, and the weak minded public intellectuals whose forte is self-justifying mis-information.

To really understand how deep seated this conflict is, contrast the least reported of all consistent tea party phenomena: their neatness and politesse, with what happens when Mr. Obama’s supporters get together. Put 200,000 tea partiers on the lawn in front of the Washington monument, and they leave the place clean – but Obama’s people leave an open garbage dump behind them.

Every city holding an Obama rally both before and after the 2008 elections ended up with a garbage problem, a police overtime budget problem, and a collections problem when they went after the organizers. Tea parties and Palin rallies, in contrast, leave none of this hang-over – and people who don’t litter, don’t shout, and don’t address illiterate rants to editors also don’t want to get down and dirty in the birther conflicts.

Taken together these conflicts wouldn’t matter if the birther movement wasn’t growing – but it is, and in that growth there’s both danger and opportunity.

There’s danger, because the emotional load carried by birthers could be discharged into the tea party movement and the 2010/12 elections. After all, one of Mr. Alinksy’s more cogent bits of advice (cadged of course, from someone else) is that winners understand their enemy’s strengths, and use those strengths against them – and because the greatest strength of the tea partiers and birthers is that they’re basically decent Americans, Mr. Obama’s people may be able to build birther conflicts nearly to the point of explosion and then bleed all that energy into a “one brush tars all” rejection of conservative views (and any further discussion of his eligibility) by conflating birtherism with the tea party movement and then publically producing a genuine Hawaiian birth certificate.

The opportunity, of course, is in seizing the issue: educating the public to understand that it’s about where his allegiances are, not about where he was born -and including his prompt ejection from office in the November 2010 contract with America. campaign.


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38 Comments

Where did you get this?

michael_j_lambert (Diary) Thursday, February 11th at 3:28PM EST (link)

The constitutional requirement that the president be a “natural born” citizen is not primarily about the candidate’s place of birth. It is primarily a requirement that the father be American.

I’ve never heard it before, and thus want to know whence it came.

Defining the term

Paul_Murphy (Diary) Thursday, February 11th at 3:43PM EST (link)

You can find lots of explanations of what “natural born citizen” means across the internet.

Start here, for example:

http://federalistblog.us/2008/11/natural-born_citizen_defined.html

The distinction is between citizenship under law and citizenship under God. You probably know the phrase “natural justice” – same idea: natural law, not legislated law.

Thus a child born to an American father not on foreign soil (i.e. on American soil or surrogates like warships, bases, and embassies) does not need the cover of law to claim citizenship. He, or she, just is, naturally, an American.

In contrast a child born on American soil to an American mother with a Kenyan father automatically becomes a citizen under American law ((various amendments and jurisprudence) but is not a natural born citizen.

 
 

Say hi to Elvis for me (nt)

Neil Stevens (Diary) Thursday, February 11th at 3:35PM EST (link)

RS contributing editor, technical administrator, and “a hardy variety of crabgrass.”
Read the RedState Posting Rules

Unlikely Voter: Poll Analysis, Election Projection.

“I rejoice that America has resisted.” – William Pitt, the Elder

Sorry Neil

Paul_Murphy (Diary) Thursday, February 11th at 3:58PM EST (link)

Unlike you, I don’t actually know the
guy.

Did you seriously just use the "I know you are, but what am I?" defense?

ReaganLives Thursday, February 11th at 5:24PM EST (link)

LMAO. I now think you’re brilliant and right about everything.

I look forward to your reply, but please, don’t be cruel.

How can a president not be an actor?
- Ronald Reagan

Reagan Lives Blog

 
 

True to form

MNConservative (Diary) Friday, February 12th at 1:12AM EST (link)

n/t

 
 

How much longer

Christine (Diary) Thursday, February 11th at 4:28PM EST (link)

do we have to put up with this until we can implement the RONPAULRONPAUL!!!!111!!!!! rule?

Honestly, if the birthers truly don’t see the birth certificate as central, then why is the primary “argument” in your post about Obama’s citizenship status?

If the other records are the big deal and the birther tag is an issue, then….hm, let’s see, how about you talk about the other records and quit talking about the birth certificate? Gee, rocket science!!

The primary process is FLAWED. Two states should not decide our candidate.

“I would be a poor Commander in Chief”
– Barack Obama, July 3 2008

You know what I've never seen

Neil Stevens (Diary) Thursday, February 11th at 5:30PM EST (link)

I’ve never seen a credible argument that Obama’s mother wasn’t a citizen, making him a citizen by blood.

RS contributing editor, technical administrator, and “a hardy variety of crabgrass.”
Read the RedState Posting Rules

Unlikely Voter: Poll Analysis, Election Projection.

“I rejoice that America has resisted.” – William Pitt, the Elder

Maybe you should have read the article you're commenting on?

Paul_Murphy (Diary) Thursday, February 11th at 6:12PM EST (link)

Mr. Obama’s mother’s citizenship is assumed to be American – but “natural born” status passes through the father if known, not the mother. Let me quote from the article for you:..

The intellectual side is easy: Article II, Section 1, Clause 5 of the Constitution requires that the President be a natural born citizen and as long as Mr. Obama claims that his father was a Kenyan of British citizenship (by coincidence precisely the loyalty split the founders were concerned about and their successors fought a war over twenty five years later) he cannot be eligible for the office he pretends to.

The emotional one is harder: the constitution was written at a time when family rights and obligations descended exclusively through the father, but we now treat the mother as of equal importance – and since Mr. Obama’s mother is thought to have been an American at the time of his birth, the emotional response is to treat his electoral victories as a kind of jury nullification of this particular constitutional requirement.

I think your comment demonstrates the dilemma that para is about – and it’s very common for people to believe what we want to believe, but in this case that’s not what the Constitution says – hence the conflict.

That's not an argument for what I said

Neil Stevens (Diary) Thursday, February 11th at 7:40PM EST (link)

It’s just fevered hand waving.

And I don’t read the screeds of kooks in general. My time has value.

RS contributing editor, technical administrator, and “a hardy variety of crabgrass.”
Read the RedState Posting Rules

Unlikely Voter: Poll Analysis, Election Projection.

“I rejoice that America has resisted.” – William Pitt, the Elder

That's right

Paul_Murphy (Diary) Friday, February 12th at 1:44PM EST (link)

it’s an argument for what I said.

 
 

You forget

Christine (Diary) Friday, February 12th at 5:51AM EST (link)

that while it’s nice to look at what the Framers intended, and that’s what conservatives should strive for….since the Constitution does not have “law” in it and no definitions page, it’s the Federal law at the time of Obama’s birth that defines citizenship.

…and I believe (if the other diary posted here yesterday linked correctly) at the time it stated that ONE of your parents had to be a citizen, and if the other parent was not a citizen, the American parent must have lived in the US for a number of years. It doesn’t matter about Obama’s father if his mother was a citizen and resident of the US.

Of course, that assumes Obama wasn’t born in the United States. Since in all likelihood he was, he is a citizen. Period.

The primary process is FLAWED. Two states should not decide our candidate.

“I would be a poor Commander in Chief”
– Barack Obama, July 3 2008

Both right and wrong

Paul_Murphy (Diary) Friday, February 12th at 8:15AM EST (link)

Right, the constitution + amendments does allow heritage to pass through the mother – but only if the father is unknown.

Wrong: citizenship isn’t the issue. The criterion is natural born citizenship, not legal citizenship.

And wrong: the constitution trumps congressional and/or state law.

Where in the Constitution

Christine (Diary) Friday, February 12th at 1:03PM EST (link)

are the terms “citizen” and “natural born citizen” defined? Where is it stated that heritage passes through the father?

Article/Section or Amendment number, please. If it’s there I’ll happily retract my posts, but I would like to see it clearly in the document.

A search at http://www.usconstitution.net/const.html on “citizen” turns up nothing of what you describe. Searches on “mother’, “father”, “paternal” and “maternal” turn up nothing. Perhaps I’m using the wrong terminology?

Here is the relevant US Law based on a google search: http://www4.law.cornell.edu/uscode/html/uscode08/usc_sec_08_00001401—-000-.html

http://www.usconstitution.net/consttop_citi.html

The primary process is FLAWED. Two states should not decide our candidate.

“I would be a poor Commander in Chief”
– Barack Obama, July 3 2008

There are quite a lot of undefined words

Paul_Murphy (Diary) Friday, February 12th at 1:48PM EST (link)

in the constitution.

Pretending that we don’t know what they mean is a legalistic trick – particularly since the plain meaning of the term as used then survives today in phrases like “natural justice.”

For an extended discussion – take a look at
http://federalistblog.us/2008/11/natural-born_citizen_defined.html

 
 
 
 
 
 

It isn't - and it isn't

Paul_Murphy (Diary) Thursday, February 11th at 6:16PM EST (link)

1) most birthers truly don’t see the birth certificate as central – only as the easiest and most obvious example of a larger problem; and,

2) the central argument of the article is that there’s a lot of emotion and mis-information out there, that this is building emotional pressure, and that whatever eventually lances this festering boil can be directed toward good (by grabbing the issue and running with it) or ill (by turning it against the tea partiers.)

So if one thinks the birth certificate is irrelevant

MNConservative (Diary) Friday, February 12th at 1:16AM EST (link)

one really can’t be called a “birther”.

Sometimes it seems like if you take the Constitution seriously, you’re too fringe for some otherwise fine conservative people.

 
 
 

Birthers are idiots. Period. Get over it already. nt

Vegas_Rick (Diary) Thursday, February 11th at 6:28PM EST (link)

“God is great, beer is good and people are crazy.”- Billy Currington

“Nothing in this world can take the place of persistence. Talent will not; nothing is more common than unsuccessful people with talent. Genius will not; unrewarded genius is almost a proverb. Education will not; the world is full of educated derelicts. Persistence and determination alone are omnipotent. The slogan ‘press on’ has solved and always will solve the problems of the human race.” Calvin Coolidge.

And proud of it!

Paul_Murphy (Diary) Thursday, February 11th at 7:41PM EST (link)

Because, you know, we can read, think.. all those idiotic things smart people like you can’t.

Paul, you're a complete jackass.

mbecker908 (Diary) Friday, February 12th at 2:31PM EST (link)

Go post this garbage at Farrah’s landfill.

 
 
 

Obama is a lying weasel.

KathW (Diary) Thursday, February 11th at 6:46PM EST (link)

We knew it before he was elected and more people are learning about it day by day. However. He. Is. The. President. Get over it. Your time to argue about his citizenship came and went during the campaign. You sound like Liberals who denied Bush was president. Nuts. Move on. While you sit and argue over whether or not he’s a citizen he’ll be busy getting re-elected in 2012. Focus, people.

Small distinctions make big differences

Paul_Murphy (Diary) Thursday, February 11th at 7:47PM EST (link)

There is reason to suspect he’s a not a citizen dspite his presumed Hawaiian birth – but this has nothing directly to do with the issue.

So assume he is an American citizen – but recognize that the founders saw a difference between someone whose citizenship is established by law (not eligible) and someone whose citizenship is established by nature (eligible.)

Exactly

MNConservative (Diary) Friday, February 12th at 1:21AM EST (link)

“So assume he is an American citizen – but recognize that the founders saw a difference between someone whose citizenship is established by law (not eligible) and someone whose citizenship is established by nature (eligible.)”

Well put sir!

Too bad so few people care.

I think it’s sort of like the innocent guy who’s thrown in prison. He *could* spend his time arguing his innocence, but would be better advised to spend his time avoiding “Butch”.

 
 

Amen. We have bigger fish to fry than birfer crap.

roscopico (Diary) Thursday, February 11th at 8:00PM EST (link)

The whole thing is a non-starter, and every quixotic pursuit of the “issue” undermines credibility of people who are probably otherwise well-meaning.
They look like luaP noR tinfoil sombrero kooks.

They get all “wee-wee’d up” without realizing how foolish it looks when a dog chases its own tail. The entire pursuit is a waste.

Im Himmel gibt’s kein Bier…

 
 

I suggest that the birthers, troofers, and Ron Paul....

JadedByPolitics (Diary) Thursday, February 11th at 7:39PM EST (link)

minions…rats my bad they are ONE IN THE SAME LINE OF CRAZY should be shown the psychiatric ward in the local hospital! Farah RUINED an otherwise good event with his CRAZY! then you come here and tell US to take them seriously? I tell you what get some help because at some point the whirring you hear will be black helicopters and it will be too late to get help you will have run round the bend!

I understand the attitude - it's what your betters demand of you

Paul_Murphy (Diary) Thursday, February 11th at 7:43PM EST (link)

But you should probably do a little reading -and then come back here and apologize.

I don't have betters tool.....I am the BEST!....I see the insanity of people like you....

JadedByPolitics (Diary) Thursday, February 11th at 7:46PM EST (link)

and I just sit out here and pray for your ability to bring your brain back to the fore and join the nation of SANE people!

It's about time to Hinz Rule this guy, Jaded.

janis (Diary) Thursday, February 11th at 7:52PM EST (link)

Don’t you think? Far as I can tell, he’s a Johnny One Note and cannot let this go. Must be all he has in the way of political interest. Oh well. Time for him to find another place to drool his stuff.

Refresh my memory, please....

qixlqatl (Diary) Thursday, February 11th at 7:57PM EST (link)

What is the “Hinz Rule”?

“Yet, Freedom! yet thy banner, torn, but flying,
Streams like the thunderstorm against the wind.”

George Gordon Noel Byron

Named after David Hinz, God Rest His Soul.

penguin2 (Diary) Thursday, February 11th at 8:12PM EST (link)

It means we disengage from continued fruitless arguments with a poster. It is when there has ceased to be dialogue in good faith, or at least the appearance of it.

So when you see that phrase, it means we are walking away quietly.

Resistance to tyrants is obedience to God. – Benjamin Franklin
When Good stands up to Evil, Evil blinks. – Vassar Bushmills

Conservative Education: Suggested Reading List

Activists Taking Action: Unified Patriots

TYVM

qixlqatl (Diary) Thursday, February 11th at 9:02PM EST (link)

I knew it was something like that, but couldn’t remember the specifics.

“Yet, Freedom! yet thy banner, torn, but flying,
Streams like the thunderstorm against the wind.”

George Gordon Noel Byron

 
 
 
 
 
 
 

Has anybody seen this bizarre video?

jayburd (Diary) Thursday, February 11th at 7:56PM EST (link)

It really creeps me out.- http://www.youtube.com/watch?v=Cg0n0nIqgrc
I wish the MSM or Beck would show this.

One of my heroes- Ralph Smeed’s blog- http://smeedonstate-ism.com/index.htm

“What’s the matter? Don’t you want to win the war?” – Capt. John Birch

“If the Nation can issue a dollar bond it can issue a dollar bill.
The element that makes the bond good makes the bill good also. The
difference between the bond and the bill is that the bond lets the
money broker collect twice the amount of the bond and an additional 20%.Whereas the currency, the honest sort provided by the Constitution pays nobody but those who contribute in some useful way. It is absurd to say our Country can issue bonds and cannot issue currency. Both are promises to pay, but one fattens the usurer and the other helps the People.” – Thomas A. Edison

 

There was a time when anti-statists were called kooks and nuts.

jayburd (Diary) Thursday, February 11th at 8:45PM EST (link)

And conspiracy theorists. We still are. But just go take a look at the Federal Grants pages for say, TSA or law enforcement or education. And what was it I heard the other day? Cell phone conversations could not be expected to be private. That’s our own Government telling us that. It’s sad. It’s sadder to know that it was predicted 50 years ago, by the kooks and nuts. Now I don’t have any information about truthers or birthers one way or another. It’s not important to me so I ignore it. When I see people ridicule them I see fear. What is it about their questions that scare you? What s it about their detractors that cause you to parrot their Alinskyite tactics of ridicule? Why is inquiry so scary? Just ignore them. Like they were ignored 50 years ago.

One of my heroes- Ralph Smeed’s blog- http://smeedonstate-ism.com/index.htm

“What’s the matter? Don’t you want to win the war?” – Capt. John Birch

“If the Nation can issue a dollar bond it can issue a dollar bill.
The element that makes the bond good makes the bill good also. The
difference between the bond and the bill is that the bond lets the
money broker collect twice the amount of the bond and an additional 20%.Whereas the currency, the honest sort provided by the Constitution pays nobody but those who contribute in some useful way. It is absurd to say our Country can issue bonds and cannot issue currency. Both are promises to pay, but one fattens the usurer and the other helps the People.” – Thomas A. Edison

 

Birthers make me realize I need more ammo.

Kenny Solomon (Diary) Thursday, February 11th at 9:16PM EST (link)

But every time I go to the shop, Alan, Don and George keep trying to prove to me there’s no specific caliber for hunting Twit Of The Year competitors, that it’s just a Monty Python sketch.

Y’all Birthers gotta stop it.

Please.

As much as it pains me to say this, The Jihadist-In-Chief / Dictator In Training Pants / El Guapo happens to be a duly elected and sworn-in President Of The United States.

Period.

The nano-second he’s verified to have violated his oath of office, there’s nowhere he can hide……. and that’s coming……. I can feel it like I can see the golf course through the windows at my home.

Until then, y’all take it easy, but take it. It’s a small world….. why don’t you try and paint it.

Cheers !

 

Ya know, all this talk about honoring the Constitution, Ya might as well start somewhere, Or shut the hell up! nt

jayburd (Diary) Friday, February 12th at 4:29AM EST (link)

One of my heroes- Ralph Smeed’s blog- http://smeedonstate-ism.com/index.htm

“What’s the matter? Don’t you want to win the war?” – Capt. John Birch

“If the Nation can issue a dollar bond it can issue a dollar bill.
The element that makes the bond good makes the bill good also. The
difference between the bond and the bill is that the bond lets the
money broker collect twice the amount of the bond and an additional 20%.Whereas the currency, the honest sort provided by the Constitution pays nobody but those who contribute in some useful way. It is absurd to say our Country can issue bonds and cannot issue currency. Both are promises to pay, but one fattens the usurer and the other helps the People.” – Thomas A. Edison

That's right

Paul_Murphy (Diary) Friday, February 12th at 1:50PM EST (link)

and
Article II, Section 1, Clause 5
works for me.

 
 

Rather than blathering about conspiracy theories

Bill S (Diary) Friday, February 12th at 2:28PM EST (link)

why don’t you contact your representatives and Senators about passing legislation that requires that proof of citizenship be verified and puts in place a framework by which it is enforced? Because the way it is today, the constitutional requirement for citizenship is worthless without the statutes to enforce it.

Now go put away your tinfoil hat until the next election.

“It’s such a fine line between stupid, and clever.” – David St. Hubbins

 

5 4 3 2 1 ... nt

Aaron Gardner (Diary) Friday, February 12th at 2:32PM EST (link)

conform and celebrate diversity….or else!!!

“We’d be much better off if We The People had desired small government enough to keep it.” acat


 

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