The Native and Natural Born Citizenship Explored blog reports today that David P. Welden has filed a emergency petition in the Fulton County Superior Court to block implementation of the decision by Secretary of State Brian Kemp that Barack Obama may appear on the Presidential Preference Primary ballot March 6.
The Petition requests an emergency waiver of the time normally required for such a motion due to the proximity of the Primary Election. Van R. Irion argues that the matter is solely one of law since the evidence he presented was uncontested, and that he is likely to prevail on the merits. (He’s half right.)
Let me share one little bit from on the merits from the appeal document itself, under the section Errors of Law, and ask you if this makes sense:
Had the drafters of the Constitution intended all people born in the U.S. to be considered natural born citizens, the 14th Amendment would not have been necessary. Had the 14th Amendment intended that Amendment to alter the Article II definition of natural born citizen, they would have clearly stated so. Yet the term “natural born citizen” is not found anywhere within the 14th Amendment.
How does an amendment that does not mention the term “natural born citizen” shed light on the original Constitution’s definition of “natural born citizen?” Of course, those who were drafting the 14th Amendment said that it was merely declaratory of what was already in the Constitution. Indeed, the 14th Amendment draws the same distinction that the Constitution does, dividing citizens into two classes: naturalized and natural born.
In any case, we shouldn’t have to wait too long for results on this one.