Labor & Employment Law

Lawsuit Seeks Ruling On Whether Obama is a "Natural Born" U.S. Citizen

Using natural origin or even citizenship as criteria for employment is obviously illegal for private sector employees.  Ironically, however, such discrimination is required for the most important job in the land. 

Article II, Section I of the Constitution provides that "No Person except a natural born citizen of the United States . . . shall be eligible to the Office of President."  This provision has barred figures from Alexander Hamilton to Arnold Schwarzenegger from presidential consideration.

Former American Independent Party presidential candidate, Alan Keyes, apparently thinks that the "natural born citizen" clause may bar Barack Obama as well.  According to the Complaint filed in U.S. District Court in Santa Ana yesterday as Alan Keyes v.  Barack H. Obama, et al., Keyes alleges that Obama has failed to sufficiently document that he is a "natural born" citizen.    

The Complaint alleges that public record documents raise significant "doubt" that Obama meets the Constiutional requirement as he was supposedly born in Kenya and was later granted Indonesian citizenship as a child in that country.  The lawsuit therefore seeks disclosure of Obama's original birth certificate or other verifying documents.  In the alternative, Keyes alleges that:

In the absence of such proof, the electoral college having elected Defendant Obama to President elect, the President elect, must be detrmined to have failed to qualify a valid President, whereby the Vice President becomes the Acting President under U.S. Constitution Amendment 20.

In short, the lawsuit is asking Mr. Obama to provide his original birth certificate, or else step aside for President Biden. 

This type of Constitutional lawsuit is usually squelched on grounds of standing, mootness, or justiciability.  But even if one looks on the suit as a mere political stunt, it nevertheless focuses attention on the "natural born citizen" clause and whether this requirement that has outlived its purpose. 

Full post as published by California Labor & Employment Defense Blog on January 22, 2009 (boomark / email).