Just this past Thursday (remember that day; a mere three days ago) Rep. Markwayne Mullin (R-OK) had an unpleasant conversation with a constituent who insisted that Barack Obama was constitutionally ineligible to be the President of the United States. She claimed to have proof in the form of some papers supposedly gathered by Arizona Bigot-Extraordinaire Joe Arpaio’s Cold Case Posse (which I sincerely hope didn’t use a penny of taxpayer money pursuing this non-crime), but the Congressman was not interested in looking at them. He said to her (and it sure sounds like this to my hard-of-hearing ears), “I don’t even give a shit.” She tried to claim it was “a matter of law.” For his part, the Congressman’s argument was that “We had four years to take care of that,” and that because Obama was re-elected, it was a “dead issue” and “we lost that argument.”
They’re both wrong.
No matter how many times they bring it up, there is absolutely no validity to the argument that Barack Obama is constitutionally ineligible to be President of the United States by virtue of his birth circumstances. He was born August 4, 1961, in Hawaii, which by that time was a State in the United States. His mother was an American citizen at the time of his birth. That makes him a Natural Born Citizen. All those stories about him being born in Kenya are lies. They are based on a misrepresentation of an interview with Obama’s grandmother. The Birthers claim she said she was in the room in Kenya when Obama was born. What she actually said was that she was in the room when they got the call from the United States that Obama had been born in Hawaii. But, suppose for the sake of argument, he really was born in Kenya. Senator Ted Cruz is making the argument that even though he was born in Canada, his mother was an American citizen, so that makes him an American citizen by birth. Well, if that makes Ted Cruz an American citizen, then certainly Barack Obama, whose mother was an American citizen, would be an American citizen regardless of his place of birth. And before the 2008 elections, both Senators Obama (D-IL) and Hillary Clinton (D-NY), sponsored legislation declaring that even though Senator John McCain (R-AZ) was born in the Panama Canal Zone, he was a Natural Born American Citizen. So that’s why she’s wrong, but what about him?
Well, I say he’s wrong because he seems to think that the matter of whether or not Barack Obama is constitutionally eligible to be POTUS is something that can be decided by the American People in a vote. It isn’t. Even if Obama were constitutionally ineligible to be POTUS and he won with 100% of the vote, it still wouldn’t matter because unless we’re voting on whether something should be an amendment to the Constitution, the American People are not constitutionally empowered to decide the constitutionality of anything. That’s for the Judicial Branch of our government. That was made quite clear in Marbury v. Madison, and nothing you or I say can change that. In fact, even if We the People voted to pass an Amendment to a State Constitution (pick one, it doesn’t matter) that violated the Federal Constitution, it wouldn’t be valid. The Federal Constitution trumps all. It is, in the words of the Constitution, “the supreme Law of the Land.”
Mullin spokesperson Ashley Kehl, in addition to claiming that Mullin is not a birther, also claimed that Mullin didn’t say, “I don’t even give a shit,” but rather “Don’t even give me it.” It sure sounds like he said “I don’t even give a shit” to me. What about you?