Are you legally eligible to hold the Office of President?
Dear Mr. Obama:
On October 24, 2008, a federal judge granted your request to dismiss a lawsuit by Citizen Philip Berg, who challenged your eligibility under the “Natural Born Citizen” clause of the U.S. Constitution to legally hold the office of President of the United States of America.
Mr. Berg presented factual evidence to the Court in support of his claim that you are either a citizen of your father’s native Kenya by birth, or that you became a citizen of Indonesia, relinquishing your prior citizenship when you moved there with your mother in 1967.
In your response to the lawsuit, you neither denied Mr. Berg’s claims nor submitted any evidence which would refute his assertions. Instead, you argued that the Court lacked the jurisdiction to determine the question of your legal eligibility because Mr. Berg lacked “standing.”
Astonishingly, the judge agreed, simply saying, “[Mr. Berg] would have us derail the democratic process by invalidating a candidate for whom millions of people voted and underwent excessive vetting during what was one of the most hotly contested presidential primary [sic] in living memory.”
Unfortunately, your response to the legal claim was clearly evasive and strikingly out of character, suggesting you may, in fact, lack a critical Constitutional eligibility necessary to assume the Office of President: i.e., that you are not a “natural born” citizen of the United States or one who has relinquished his American citizenship.
Before you can exercise any of the powers of the United States, you must prove that you have fully satisfied each and every eligibility requirement that the Constitution mandates for any individual’s exercise of those powers.
Regardless of the tactics chosen in defending yourself against the Berg lawsuit, significant questions regarding your legal capacity to hold this nation’s highest office have been put forth publicly, and you have failed to directly refute them with documentary evidence that is routinely available to any bona fide, natural born U.S. Citizen.
As one who has ventured into the fray of public service of his own volition, seeking to possess the vast powers of the Office of President, it is not unreasonable to demand that you produce evidence of your citizenship to answer the questions and allay the concerns of the People. Indeed, as the one seeking the office, you are under a moral, legal, and fiduciary duty to proffer such evidence to establish your eligibility as explicitly mandated by Article II of the Constitution.
Should you proceed to assume the office of the President of the United States as anything but a bona fide natural born citizen of the United States that has not relinquished that citizenship, you would be inviting a national disaster, placing our Republic at great risk from untold consequences. For example:
· Neither the Electoral College on December 15, nor the House of Representatives on January 6 would be able to elect you, except as a poseur - a usurper;
· As a usurper, you would be unable to take the required “Oath or Affirmation” of office on January 20 without committing the crime of perjury or false swearing, for being ineligible for the Office of the President you cannot faithfully execute the Office of the President of the United States;
· Your every act in the usurped Office of the President would be a criminal offense as an act under color of law that would subject the People to the deprivation of their constitutional rights, and entitling you to no obedience whatsoever from the People;
· as a usurper acting in the guise of the President you could not function as the Commander in Chief of the Army and Navy and of the militia of the several states, as such forces would be under no legal obligation to remain obedient to you;
· No one in any civilian agency in the Executive Branch would be required to obey any of your proclamations, executive orders or directives, as such orders would be legally VOID;
· Your appointment of Ambassadors and Judges to the Supreme Court would be VOID ab initio (i.e., from the beginning), no matter what subsequent actions the Senate might take as well as rendering any such acts by such appointed officials void as well;
· Congress would not be able to pass any new laws because they would not be able to acquire the signature of a bona fide President, rendering all such legislation legally VOID;
· As a usurper, Congress would be unable to remove you from the Office of the President on Impeachment, inviting certain political chaos including a potential for armed conflicts within the General Government or among the States and the People to effect the removal of such a usurper.
As an attorney and sitting U.S. Senator, I’m sure you agree that our Constitution is the cornerstone of our system of governance. It is the very foundation of our system of Law and Order – indeed, it is the supreme law of the land. I’m sure you also agree that its precise language was no accident and cannot be ignored if Individual, unalienable, natural Rights, Freedoms and Liberties are to be protected and preserved.
As our next potential President, you have a high-order obligation to the Constitution (and to those who have fought and died for our Freedom) that extends far beyond that of securing a majority of the votes of the Electoral College. No matter your promises of change and prosperity, your heartfelt intent or the widespread support you have garnered in seeking the highest Office of the Land, the integrity of the Republic and Rule of Law cannot, -- must not -- be put at risk, by allowing a constitutionally ineligible person to sit, as a usurper, in the Office of the President.
No matter the level of practical difficulty, embarrassment or disruption of the nation’s business, we must -- above all -- honor and protect the Constitution and the divine, unalienable, Individual Rights it guarantees, including the Right to a President who is a natural born citizen of the United States of America that has not relinquished his American citizenship. Our nation has endured similar disruptions in the past, and will weather this crisis as well. Indeed, it is both yours and the People’s mutual respect for, and commitment to, the Constitution and Rule of Law that insures the perpetuation of Liberty.
As a long time defender of my state and federal Constitutions, and in consideration of the lack of sufficient evidence needed to establish your credentials as President, I am compelled to lodge this Petition for Redress of Grievances and public challenge to you.
Make no mistake: This issue IS a Constitutional crisis. Although it will not be easy for you, your family or our Republic, you have it within your ability to halt this escalating crisis by either producing the certified documents establishing beyond question your eligibility to hold the Office of President, or by immediately withdrawing yourself from the Electoral College process.
With due respect, I hereby request that you deliver the following documents to Mr. Berg and myself at the National Press Club in Washington, DC at noon on Monday, November 17, 2008:
(a) a certified copy of your “vault” (original long version) birth certificate; (b) certified copies of all reissued and sealed birth certificates in the names Barack Hussein Obama, Barry Soetoro, Barry Obama, Barack Dunham and Barry Dunham; (c) a certified copy of your Certification of Citizenship; (d) a certified copy of your Oath of Allegiance taken upon age of maturity; (e) certified copies of your admission forms for Occidental College, Columbia University and Harvard Law School; and (f) certified copies of any court orders or legal documents changing your name from Barry Soetoro.
In the alternative, in defense of the Constitution, and in honor of the Republic and that for which it stands, please announce before such time your withdrawal from the 2008 Presidential election process.
“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. United States, 277 U.S. 438, 469-471.
Thank you for your understanding and cooperation in this matter.
Robert L. Schulz, Founder and Chairman, We The People Foundation for Constitutional Education, Inc.