Constitutional eligibility is again the focus of voters and lawmakers alike and as with all controversial issues of a political nature, eyes turn towards Arizona.  It was last year that the Arizona House passed the “Birther Bill” that was later shelves in the Senate.(1)  A measure that would force presidential and vice presidential candidates to prove their constitutional eligibility in order to be placed on the state’s election ballot.  A simple request to ensure the constitution is being upheld in our most senior elected officials driven by a controversy that could have long ago been silenced by the release of a single long form birth certificate.

Currently 10 states are seeking to ensure constitutional eligibility.(2)  New Hampshire now requires an affidavit from the candidates.  Georgia requires the original birth certificate and also allows the citizens to challenge the documentation under HB 37. 

The controversy

Many feel the issue should be dropped due to the fact the certificate of live birth, which the Obama administration has provided holds the same legal merit as the long form birth certificate.  Others object to this due to the fact that in 1961 the Hawaii Department of Health was procedurally allowed to issue a certificate of live birth when a family member would report a birth of child born overseas if the request was made in person.  No long form would be issued in this case, but the birth was logged, reported to local newspapers and documented in all means less than the long form birth certificate.

 The release of the long form birth certificate is claimed to be a moot issue because the “conspiracy theorist birthers” are said to never be satisfied with information provided to them.  What is not taken into consideration is the fact that 6 out of 10 Americans are uncertain of whether their own president meets the constitutional eligibility to hold his office.(3)  Release of the long form birth certificate would have a profound impact on almost a quarter of Americans placing the true birthers clearly in the minority of Americans who do not believe the eligibility requirement has been met.

AZ renewed efforts leading a nation

Representative Judy Burges is now revitalizing the Arizona legislation that stalled last year with greater support in both the House and Senate.(4)  Pennsylvania is now seeking to introduce legislation similar to the Arizona measure.  Representative Daryl Metcalfe insists the bill has gained much needed support with the Republican takeover of the state House.  He expressed the following ambition, “hope we would be able to pass this legislation and put it into law before the next session.”(5)

Georgia State Representative Mark Hatfield expresses concerns beyond that of the birther issue.  “The President himself could release the records to show and document where he was born, he could release the records to show where he went to college and what he did in college, and he can release his passport. These are things that are completely within his control and he has chosen not to show those to the American people.” 

As the momentum swings towards the “birther,” defending the president’s position is doing more damage than good.  Governor Neil Abercrombie went public immediately after being sworn into office in Hawaii to take the steps to “put the issue to rest once and for all.”  He not only has gotten no support from the Obama administration, thus far he has come up empty handed and “misspoke” in saying it could not be found.  He has been a lightning rod for the issue armed with good intentions.  Gov. Abercrombie claims that documentation exists in the archives though he cannot produce the vital document.(6)

The atmosphere is conducive for Rep. Burges to advance the legislation in Arizona to ensure presidential and vice presidential candidates are constitutionally eligible to hold office.  As the debate wages one can only ask; what harm is there in such legislation?  Many have made this a personal issue, but it is in fact an issue of constitutional eligibility that more than half of Americans either question or do not believe the president meets.



References

1. Johnson, Paul. AZ Sets the Stage for Obama Birther Bill. Examiner. [Online] 04 21, 2010. [Cited: 01 26, 2011.] http://www.examiner.com/libertarian-in-phoenix/az-sets-the-stage-for-oba....

2. Unruh, Bob. 10 states now developing eligibility-proof demands. WorldNetDaily. [Online] 01 26, 2011. [Cited: 01 26, 2011.] http://www.wnd.com/index.php?fa=PAGE.view&pageId=255965.

3. Bueler, Tim. CNN poll on Obama: 6 of 10 doubt U.S. birth story. KTLV News. [Online] 08 05, 2010. [Cited: 01 26, 2011.] http://www.kltv.com/global/story.asp?s=12932570.

4. Sheridan, Michael. 'Birther Bill' back in Arizona; Rep. Judy Burges pitches birth certificate legislation again. NY Daily News. [Online] 01 26, 2011. [Cited: 01 26, 2011.] http://www.nydailynews.com/news/national/2011/01/26/2011-01-26_birther_b....

5. Blog, Brian's. Renewed Push for Birther Bills Following GOP’s Midterm Gains. Right Wing Watch. [Online] 11 19, 2010. [Cited: 01 26, 2011.] http://www.rightwingwatch.org/content/renewed-push-birther-bills-followi....

6. The Daily Mail. Hawaii governor claims record of Obama's birth 'exists in archives' but can't produce the vital document. Daily Mail. [Online] 01 20, 2011. [Cited: 01 26, 2011.] http://www.dailymail.co.uk/news/article-1348916/Hawaii-governor-says-Oba....






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