According to a report from World Net Daily, court officials in Alabama confirmed Thursday that the case regarding Barack Obama's eligibility to serve as president filed by attorney Larry Klayman, the founder of Freedom Watch, remains on the docket. Klayman's legal challenge to President Obama's eligibility does not focus on Obama's birth certificate, but rather on the question of whether or not he is a "natural-born citizen" as defined by the founders.
Some argue that to be considered a natural-born citizen a person must be born of citizen parents who were both born in the United States. President Obama's father was of course born in Kenya. However, the Constitution does not define the term, and differing opinions have been offered over time.
A 2011 Congressional Research Service report concluded that:
"The weight of legal and historical authority indicates that the term "natural born" citizen would mean a person who is entitled to U.S. citizenship 'by birth' or 'at birth,' either by being born 'in' the United States and under its jurisdiction, even those born to foreign parents; by being born abroad to U.S. citizen-parents; or by being born in other situations meeting legal requirements for U.S. citizenship 'at birth.' Such term, however, would not include a person who was not a U.S. citizen by birth or at birth, and who was thus born an 'alien' required to go through the legal process of 'naturalization' to become a U.S. citizen."
In 1866 Rep. John A. Bingham commenting on Section 1992 of the U.S. Revised Statutes said it means “every human being born within the jurisdiction of the United States of parents not owing allegiance to any foreign sovereignty is, in the language of your Constitution itself, a natural born citizen.”
The United States Supreme Court has never weighed in on the definition.
Klayman filed the case is on behalf of 2012 Constitution Party presidential nominee Virgil Goode and Alabama Republican Party leader Hugh McInnish, who are asking Alabama’s highest court to force Secretary of State Beth Chapman to verify that all candidates on the state’s 2012 ballot were eligible to serve.
The WND report says Klayman has filed a brief arguing that the secretary of state, “having the power to certify candidates, can surely de-certify - in effect disqualify - them if they are found to be ineligible.”
Klayman pointed out that in the brief that California Secretary of State Debra Bowen rejected Petra Lindsay on the 2012 California primary ballot because she was 27 years old. The U.S. Constitution requires that the president be at least 35.
The WND report says that two of the justices have expressed interest in the truth of the dispute.
The report states:
"In an earlier case, the justices in that very court denied a petition filed by McInnish to require Obama submit an original birth certificate before he could be placed on the state’s 2012 ballot.
At the time, Justice Tom Parker filed a special, unpublished concurrence in the case arguing that McInnish’s charges of “forgery” were legitimate cause for concern.
'Mclnnish has attached certain documentation to his mandamus petition, which, if presented to the appropriate forum as part of a proper evidentiary presentation, would raise serious questions about the authenticity of both the ‘short form’ and the ‘long form’ birth certificates of President Barack Hussein Obama that have been made public,' he wrote."
The complete report from World Net daily can be found here.