The Congressional Research Office agrees

The Congressional Research Office agrees that Barack Hussein Obama has not released his Birth Certificate.

For the past two years Americans have been flooding congressional offices with demands for answers to these questions. And now we know. The answer to the first question is, “No, Obama is not eligible to serve as president because he is not a ‘natural born’ U.S. citizen.” The answer to the second question is, “The Jack Maskell Memorandum.”

By far the most frequently asked question in America since August 28, 2008, the closing day of the 2008 Democratic National Convention, is this: “Does Barack Hussein Obama meet the constitutional qualifications to serve as President of the United States?” With every reason to believe that he does not, the second most-asked question has been, “How could every single member of Congress… all 535 of them… fail in their constitutional obligation to properly vet Obama’s qualifications before certifying the vote of the 2008 Electoral College?”

Maskell’s recently-discovered memorandum, dated April 3, 2009 and distributed to all members of Congress, contains the following words:

“Many of the inquiries have questioned why then-Senator, and now President, Obama has not had to produce an original, so-called ‘long’ version of a ‘birth certificate’ from the State of Hawaii, how federal candidates are ‘vetted’ for qualifications generally, and have asked for an assessment of the various allegations and claims of non-eligibility status…

“Concerning the production or release of an original birth certificate, it should be noted that there is no federal law, regulation, rule, guideline, or requirement that a candidate for federal office produce his or her original birth certificate, or a certified copy of the record of live birth, to any official of the United States government; nor is there a requirement for federal candidates to publicly release such personal record or documentation. Furthermore, there is no specific federal agency or office that ‘vets’ candidates for federal office as to qualifications or eligibility prior to return.”

This is not correct as Dwight D Eisenhower filed a long form Birth Certificate when questioned about his eligibility.

Clearly, Mr. Maskell overlooked the words of the 20th Amendment, which reads in part, “If a president shall not have been chosen before the time fixed for the beginning of his term, or if the President elect shall have failed to qualify, then the Vice President elect shall act as President until a President shall have qualified…”

This Blog has stated the 20th Amendment here and on blogs.  In simple terms

Amendment 20 – Presidential, Congressional Terms. Ratified 1/23/1933.

3. If, at the time fixed for the beginning of the term of the President, the President elect shall have died, the Vice President elect shall become President. If a President shall not have been chosen before the time fixed for the beginning of his term, or if the President elect shall have failed to qualify…

Note; the ‘President elect shall failed to qualify’

After the DNC nomination, prior to and after the General election, and again prior to and after the electorial college, challenges were raised to the courts, representitives, senators, and cases filed, that the citizens of the United States challenged the eligibilty and qualifications of the candidate, President elect Barack Hussein Obama, all the above failed in their sworn duty as elected officials, judicial representitives and with a complacent media allowed an undocumented illegal and unvetted British subject free reign over the citizens and law of the United States.

The grandfather clause that the Founding Fathers placed in the United States Constitution “or a citizen of the United States, at the time of the adoption of this constitution…” is clear.

For example, George Washington was 57 years of age when he was inaugurated as our first president. But Washington, born and raised in Virginia, had been a British subject during all of his 57-plus years. Hence, as a means of qualifying a class of men for the presidency during the first thirty-five years of our nationhood, while preventing any man with dual or naturalized citizenship from ever serving as president, after a pool of “natural born” men had reached the age of thirty-five… limiting access to those offices only to those born to parents, both of whom were U.S. citizens… the founders included the words, “or a citizen of the United States, at the time of the adoption of this constitution…”

So the question arises, can the Congress simply ignore its obligation to fully vet those selected as president and vice president-elect by the Electoral College? The answer to that question, in spite of Jack Maskell’s advice to Congress, is a resounding “no.” As Edwin Viera, Jr., Ph.D., J.D., a leading authority on the Constitution, argues, “… the question of Obama’s eligibility vel non is not within the discretion of Congress to skirt or decide as its Members may deem politically or personally expedient… Even by unanimous vote, Congress cannot constitutionally dispense with the requirement that Obama must be ‘a natural born citizen,’ by simply assuming that he is such…”

But what if the members of Congress, on the advice of CRS counsel, fail in that responsibility? Dr. Viera argues that, if no objection is made on the basis that Obama is not a “natural born” citizen… “the matter cannot be said to have been settled to a ‘constitutional sufficiency’ (emphasis added),” because Congress has no power to simply waive the eligibility requirement… Maskell memorandum or no Maskell memorandum