We have all heard the claims that neither Obama nor McCain were eligible to become the President of the United States. In fact, the legal disputes surrounding Obama’s Hawaiian Birth Certificate still abound, as well as the belief by some that he is a “Red Diaper Baby”, having been conceived by Communists for the advancement of the United States Communist Party’s agenda and having “spent his formative years – literally from the moment of his birth — interacting with members and sympathizers of the Communist Party, USA.”
Yet, now we have another angle to look at this, one which stands completely free of any of the previous lawsuits, and is brilliant in it’s simplicity. According to The British Nationality Act of 1948, Obama was born, in fact, as a British subject, whether he was born in Hawaii or in Kenya:
British Nationality Act of 1948 (Part II, Section 5): Subject to the provisions of this section, a person born after the commencement of this Act shall be a citizen of the United Kingdom and Colonies by descent if his father is a citizen of the United Kingdom and Colonies at the time of the birth.
On August 4, 1961, when Barack Obama, Jr. was born, Kenya was still a British Colony. His father, Barack Obama, Sr., was a Kenyan native and, therefore, a British subject and citizen, making Barack Obama, Jr., a British citizen, as well, and ineligible to become President of the United States of America.
The originator of this suit, Leo Donofrio, is unique in that he is the only individual to have filed a truly bi-partisan suit:
Unlike other law suits filed against the candidates, Berg etc., this action was the only bi-partisan suit, which sought to have both McCain and Obama removed for the same reason. (Later, Plaintiff also sought the removal of Nicaraguan born Roger Colera, the Presidential candidate for the Socialist Workers Party). The Berg suit will almost certainly fail on the grounds of “standing”, but Donofrio v. Wells, having come directly from NJ state courts, will require the SCOTUS to apply New Jersey law, and New Jersey has a liberal history of according standing to citizens seeking judicial review of State activity.
It’s hard to say how this one will play out, but, if nothing else, it certainly will be fun to watch!