U.S. District Judge S. Thomas Anderson of Tennessee said the courts ultimately must define “natural born citizen,” affirming that the “issue of whether President Obama is constitutionally qualified to run for the presidency is certainly substantial.”
“This specific question has been raised in numerous lawsuits filed since President Obama took office,” Anderson wrote in his opinion. “The outcome of the federal question in this case will certainly have an effect on other cases presenting the same issue about whether President Obama meets the constitutional qualifications for the presidency.”
Van Irion, whose Liberty Legal Foundation brought the case, alleges the plan by Tennessee Democrats to register Obama as their nominee for president opens a case, under state law, of negligent misrepresentation and fraud or intentional misrepresentation because of doubts about Obama’s eligibility.
Irion was pleased the court recognized the significance of the claims.
“The court made several very positive statements about our case,” he noted.
He cited Anderson’s statement that the court “finds that the federal question presented, the meaning of the phrase ‘natural born citizen’ as a qualification for the presidency set out in Article II of the Constitution, is important and not trivial.”
“It is clear that the stated federal issue of President Obama’s qualifications for the office are ‘actually disputed and substantial,” the judge said.
Anderson said it also is “clear that there will be a legal dispute over the Constitution’s definition of ‘natural born citizen’ and the Supreme Court’s decision in Minor.”
Irion also had raised questions about “Obama’s dual citizenship” and allegations that his Social Security number is fraudulent.
“The court construes these allegations about President Obama … as corroboration of plaintiffs’ main allegation that President Obama is not a natural born citizen or otherwise qualified to be president,” the judge wrote.
Anderson’s opinion included a notation that the U.S. Supreme Court in Minor v. Happersett defined “natural born citizen” as “all children born in a country of parents who were its citizens.”
“It is undisputed that the material fact at issue in this case is whether under the circumstances of president Obama’s birth, the president is a ‘natural born citizen,’ a term set out in the United States Constitution and construed under federal law,” he wrote.
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