In late January, Liberty Legal Foundation lead attorney Van Irion argued before Georgia Administrative Judge Michael Malihi that Barack Obama was constitutionally ineligible to hold the office of president because he did NOT satisfy the Article II requirement of being a “natural born citizen” of the United States. Irion’s argument was based on precedent derived from an 1875 Supreme Court ruling that stated:
“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. Some authorities go further and include as citizens children born within the jurisdiction without reference to the citizenship of their parents. As to this class there have been doubts, but never as to the first.”
On February 3rd, Judge Malihi ignored this precedent of the 1875 court along with the language of the Constitution itself, claiming in a stunningly iniquitous ruling that Obama was indeed a natural born citizen and therefore eligible for the presidency, regardless of the fact his father was never a citizen of the United States. The contempt the judge displayed for ethical legal and judicial standards in arriving at this decision has been discussed at length by attorneys and lay people.
But attorney Irion has put the reprehensible conduct displayed by Judge Malihi and a number of his colleagues on the bench in terms far more important than those that describe only the legal improprieties. For three years, judges faced with the Obama eligibility question have been frightened into lawless decisions by the threat of negative repercussions to their judicial careers.
Yet, as Irion writes, “when you consider how many Americans have suffered and died to protect our Constitution, it is amazing…that so many judges are so selfish that they are unwilling to simply uphold their oath of office and acknowledge the truth.”
Countless Americans have exhibited the extraordinary courage and honor necessary to sacrifice, even die, for their country and their heritage. But these qualities have become strangers to far too many in the American judiciary, causing citizens to lose all respect for both the meaning and rule of the law.
What a disgrace, that judges are too cowardly to defend with a pen the nation and Constitution so many have died defending with a gun.
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