"Birthers" seem to forget parts of the U.S Constitution.
By dark_joev
@dark_joev (3034)
United States
May 31, 2011 9:31pm CST
Well I felt it is time to not go after whether or not the birthers have a case or not. But just some of the attitude have seen on here and also other places where I have ran into the arguments. I personally am not a "Birther" but I feel that this needs to be brought to the for ground they will rant and rave for what seems like for ever and show evidence which if you give a defense to or create what could seem like a Reasonable Doubt in a persons mind then you aren't intelligent or are not a thinker like they are.
Well then they will move on to talk of how Obama needs to be locked away and put in jail no trial. Nothing he is guilty look at this evidence he is guilty. He doesn't get a defense. Wait what was that. He does get one under the United States Constitution.
Sixth Amendment.
"In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defense."
He has a right to a trail to face the evidence in front of him and to put up a defense for the charges. Which would be things like Fraud and maybe some other charges that I am not aware of.
So Birthers seem to only care about only parts of the constitution but will completely forget the 6th Amendment that Obama has a right to.
I personally would like to see this get to the Supreme Court level I have an idea of how they will rule it will be like they have in the several other cases that have been similar to Obama's. But I know that even if the Supreme Court Ruled in favor of Obama being a legitimate President it wouldn't stop the Birthers.
2 people like this
6 responses
@gewcew23 (8007)
• United States
1 Jun 11
I understand what you are getting at but the problem with wanting this non-sense to go to the Supreme Court is that it doesn't need to go to the Supreme Court. Though it would be somewhat fun to watch all the birther get their dreams dashed all to watch them come up with a bunch of new conspiracy. Maybe they would say that Obama used demonic powers to force the judges to rule the way he wanted them to.
2 people like this
@ParaTed2k (22940)
• Sheboygan, Wisconsin
1 Jun 11
Before Obama was elected, I called for him to have to prove his eligibility, just like everyone else. But you are right, now that he has been elected, then it's no longer him proving he is or isn't eligible, that burden of proof lies with his accusers.
There are a few problems here though. Only Congress can impeach a president, so if the House won't convene impeachment hearings or the Senate won't remove him from office, then he's no different than someone who is accused of a crime, but never tried.
Of course, the Supreme Court can declare him ineligible, but again, they have to take a case where eligibility is challenged.
Either way though, it is not up to Prs. Obama to prove he's innocent, it is up to his accusers to provide evidence against him.. yes, he deserves his day in court, just like anyone else.
1 person likes this
@dark_joev (3034)
• United States
1 Jun 11
Yeah before he was President the Burden of Proof did rest with him which the State of Hawaii and the Democrats seemed to back him up on and well he passed the background clearance to get Top Secret clearance which is required to be president.
But now he is President the House does have to start it so it would be up to the people who don't believe him to be a legitimate sitting president. But I have read several comments where people have been like he needs to go to jail and I am like no if there is enough evidence provided for a court to say that there is a case then it needs to go to trail then if he is found guilty then the judge gets to decide how long he goes down for based on the charges he is found guilty on.
1 person likes this
@ParaTed2k (22940)
• Sheboygan, Wisconsin
1 Jun 11
I used to think that too, but the fact is, there is no background investigation for presidential candidates. That was made clear when Arizona tried to pass a law requiring it. Congress is supposed to vette them, and of course, the press is supposed to rake them over the coals.. but if that doesn't happen, there is no forcing any candidate to prove anything.
@dark_joev (3034)
• United States
1 Jun 11
I heard that the DOD does a background check to clear them for the clearance level that is needed to be president before they get the nod from the government that they are able to run. McCain wouldn't have this problem as he was already in the military but Obama the Military knows nothing really about him. It wouldn't be something we would be all that privy to know. Also just a small note the CRS that reported that congress didn't vet him this would exclude any investigation by the Executive Branch of government which it would be their constitutional job to make sure that the President is himself following the rule of law.
1 person likes this
@bobmnu (8157)
• United States
1 Jun 11
Democrats should remember this and be careful what you say because it may come back to bite you in the .... I first heard of the Birther issue when some in the Democratic Party questioned Senator McCain eligibility because he was born in Panama and not the US. A similar issue was brought up with Senator Goldwater who was born in AZ before it became a state and some claimed that he was not a Natural US Citizen.
The final question should be do you want VP Biden to take over?
@Taskr36 (13963)
• United States
1 Jun 11
You're wrong Joey. Technically, McCain WAS born on US soil. From 1903 to 1979 the Panama Canal Zone, where McCain was born, was in fact a US territory and thus, he was born on US soil even if he wasn't on a military base. People born there enjoyed the same rights to citizenship as citizens of Puerto Rico and other territories (except American Samoa for some reason).
@dark_joev (3034)
• United States
2 Jun 11
Traskr I read it on a few websites that the reason McCain is able to be president it because his parents where ordered overseas and so even though the base was technology not U.S Soil his parents being in the Military and them both being United States citizens would make him Eligible even without the Natural Born on United States Soil part. Because he was born while his parents where out doing a job that the United States told them to do.
I read it on the State Departments website and also he was born 1936.
1 person likes this
@dark_joev (3034)
• United States
1 Jun 11
McCain technically wasn't born in the United States or even on US soil even though he was born on a United States Military base the agreement that we had with Panama at the time of his birth was that we where basically renting it from them so it was still their land and not ours. But McCain would of gotten his citizenship because he was born of two United States Citizens who where serving in the Military and well he was on Foreign Soil at the time but he would be considered to of been under the United States as well as Panama's Jurisdiction at the same time so McCain would of been born a Dual Citizen if Panama has similar citizenship laws as to us being that they are a Place of Birth or being Natural Born to the nation.
@suspenseful (40192)
• Canada
1 Jun 11
I am afraid that it will never go to trial. Why? Because the people accusing Obama of not being born in America, or in some way disqualified to bring charges, have to be important enough themselves. So in essence the only person qualified to charge Obama as violating the Constitution is Obama himself. After all, there has been very important people charging the Obama was not qualified, but these were thrown out and the only person who forced him to show that Birth Certificate was Trump.
I also go by how he acted, and his views before becoming president. Taking away the rights of Americans, making the price of gas so high that a lot of people cannot travel, wanting to tax the rich because he is resentful of success of others, is not the American way I read about and watched.
I go by of his policies and ;the way he acts, and I hope he come to trial. Also if he is not qualified, I hope those who knew this and got him to run are put on trial as well.
If his policies are illegal and against the Constitution, of course he should be impeached.
@anniepa (27955)
• United States
3 Jun 11
Let's face it, NOTHING will ever stop the Birthers. Also, the Constitution means absolutely nothing to them when it comes to President Obama; they don't believe he's entitled to an attorney or that he's innocent until proven guilty. It doesn't matter what he does, they'll always find something else to be suspicious about. I'd really hoped he'd find that "missing apostrophe" when he was in Ireland but I REALLY wish he'd have found it years ago and had continued using his high school and college nickname; somehow I doubt we'd have all this furor over a "Barry O'Bama"...lol!
Annie
@RalphJacob (45)
• Philippines
1 Jun 11
Wow lol you guys are so cool i dont know what youre all talking about..cuz i dont know what birthers are
