CBS/AP/ October 3, 2011, 1:03 PM

Supreme Court rejects another "birther" lawsuit

President Obama listens as a reporter asks a question at the start of a Cabinet meeting at the White House in Washington Oct. 3, 2011.

President Obama listens as a reporter asks a question at the start of a Cabinet meeting at the White House in Washington Oct. 3, 2011. / AP Photo

WASHINGTON - The Supreme Court has turned away another challenge to President Obama's eligibility to be president.

The high court on Monday refused without comment to hear a challenge brought by conservative activist Alan Keyes and other members of the American Independent Party. They contend Mr. Obama wasn't eligible to be president because he was not born in the U.S., and thus not a citizen. U.S. courts, and the Supreme Court, have previously thrown out similar suits.

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Keyes wanted the certification of Mr. Obama's victory halted in California until there was documented proof by a state official that he was eligible to be president. The Supreme Court of California threw out the lawsuit.

The case is Keyes v. Bowen, 10-1351.

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© 2011 CBS Interactive Inc. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed. The Associated Press contributed to this report.
26 Comments Add a Comment
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KenyanBornObama says:
WRONGGGG! When will the media WAKE UP and LISTEN to what we are saying?

It has nothing at all to do with WHERE Obama was born. He could have been born on the White House steps and he still wouldn't be eligible for the Presidency. Obama's father was never a US citizen and has no rights to confer US citizenship to anyone.

My facts, sourced by the Library of Congress, PROVE that I am right!

Representative John Bingham 1862 (Cong. Globe, 37th, 2nd Sess., pg 1639 (1862):

"All from other lands, who by the terms of [congressional] laws and a compliance with their provisions become naturalized, are adopted citizens of the United States; all other persons born within the Republic, of parents owing allegiance to no other sovereignty, are natural born citizens. Gentleman can find no exception to this statement touching natural-born citizens except what is said in the Constitution relating to Indians."

http://memory.loc.gov/ll/llcg/059/0600/06811639.gif

In 1866 while introducing the bill H.R. 127 (14th Amendment) Jacob M. Howard (Author of the Citizenship clause) states:

"This amendment which I have offered is simply declaratory of what I regard as the law of the land already, that every person born within the limits of the United States, AND SUBJECT TO THE JURISDICTION THEREOF, is by virtue of natural law and national law a citizen of the United States."

http://memory.loc.gov/cgi-bin/ampage?collId=llcg&fileName=073/llcg073.db&recNum=11

MEANING that they changed NOTHING with the 14th Amendment, only that they were declaring what was already the law.
The LAW they were talking about was the Civil RIghts Act of 1866 which states:
"Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That all persons born in the United States and not subject to any foreign power, excluding Indians not taxed, are hereby declared to be citizens of the United States;"

http://www.digitalhistory.uh.edu/reconstruction/section4/section4_civrightsact1.html

Everyone seems to forget the phrase "subject to the jurisdiction thereof", which is why the Law/Amendment went astray. If you look at the congressional records of when they were debating the 14th Amendment, you will find the truth and you will see that the 14th Amendment has been 100% perverted!

What exactly did "subject to the jurisdiction thereof" mean to the framers of the Fourteenth Amendment? Luckily we have Sen. Lyman Trumbull, Chairman of the Judiciary Committee, author of the Thirteenth Amendment, and the one who inserted the phrase:

"The provision is, that 'all persons born in the United States, and subject to the jurisdiction thereof, are citizens.' That means 'subject to the complete jurisdiction thereof.' What do we mean by 'complete jurisdiction thereof?' NOT OWING ALLEGIANCE TO ANYBODY ELSE. That is what it means."

http://memory.loc.gov/cgi-bin/ampage?collId=llcg&fileName=073/llcg073.db&recNum=14

Sen. Howard concurs with Trumbull's construction:

"I concur entirely with the honorable Senator from Illinois [Trumbull], in holding that the word "jurisdiction," as here employed, ought to be construed so as to imply a full and complete jurisdiction on the part of the United States, whether exercised by Congress, by the executive, or by the judicial department; that is to say, the same jurisdiction in extent and quality as applies to every citizen of the United States now."

http://memory.loc.gov/cgi-bin/ampage?collId=llcg&fileName=073/llcg073.db&recNum=16

And last but not least:

Representative John Bingham of Ohio, considered the father of the 14th Amendment, confirms the understanding and construction the framers used in regards to birthright and jurisdiction while speaking on civil rights of citizens in the House on March 9, 1866:

"I find no fault with the introductory clause [S 61 Bill], which is simply declaratory of what is written in the Constitution, that 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"

MIDDLE COLUMN 3RD PARAGRAPH:
http://memory.loc.gov/cgi-bin/ampage?collId=llcg&fileName=071/llcg071.db&recNum=332
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TeaPartyPaul says:
When the president installs negrocentric policys and does things against Christians everyday it's pretty ovbious that there is a problem somwhere with him being a real American. He need to be impeached.
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JV1970 replies:
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He will be on election day next year!
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pokey5735 says:
Do you see what happens when the Constitution is ignored? If Obama had been vetted like John McCain and others then this wouldn't be a problem, would it?
Anyone that spends so much money hiding his past must really have something to hide.
I wrote to Bowen before the election and inquired as to the vetting of the Presidential candidates and she said that wasn't her job but rather the National Committees. I disagree. If she and others had actually done their jobs we would not be in the position to doubt who is suppose to be leading this country. Trusting the National Committee, no matter what side, is ridiculous.
The Supreme Court is remiss in not accepting this case and settling it once and for all.
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JV1970 replies:
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I think some money must have changed hands under the table to some of the judges.
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peaveyd says:
I do not like him as a president. But what I hate worse. Is people keep bringing up the same tired subjects. That have been talked to death. Where most of us should be sick of hearing it. The answer is simple. If you dont like him. Vote him out of office.
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JV1970 replies:
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He will be in a little over a year!
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kansas1946 says:
Lord. Will these lunatics ever be satisfied.
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tpm1944 replies:
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WELL what we have here is a gathering of idiots the problem with this country everyone replying on this site seems to think things are fine, they have no idea what it took to make this country great and the men and women that gave their lives protecting those rights, the same rights that obama and the demon-crats are trying to take away all for self greed and they could care less about all of us and it is about time that you people get your heads out of your ***** and take a look around you because yu are seeing the demise of the united states by a traitor odf a president and democratic party. don't you dare cry when this country folds and you are working for them with no rights at all. so you had better wise up ang get with the program to get this country back on track and rid it of the garbage now in office.
JV1970 replies:
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tpm1944 If you want us to understand what you're saying would you please kindly learn to properly use capital letters? If I understood you, I do agree with what you said, though!
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southpaw99 says:
Alan Keyes showed he is just as stupid as Donald Trump.
These are the clowns that are trying to run for president of the United States?
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JarHeadVet64 replies:
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Why that sounds like a racist comment directed at Keyes because he'e black man!!! With a name like southpaw you must be a left handed racist left winger.

Isn't that what you guys who only use the left side of your brain say when Obama is criticized.
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polisigh says:
I would prefer to have tax audits of all Tea Party members of Congress. The great Americans who whine when they pay taxes-if they pay taxes-but send troops to fight wars that increase the deficit.
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stn_sage says:
A man who can't prove that he's legally born in the USA,
and he's president!? Something STINKS to high heaven here, folks!
But, the Supreme Court (an oxymoron), ruling as it has, has
shown us once again, why we, as citizens, should pay little
or no attention to its' rulings!
And, why, adjustments to the Supreme Court need to be made!
Such as, term limits, age limits, and professional qualifications
for eligibility to serve on the court!
As, most of the decisions we have been seeing for the last
few years, are NOT well thought out at all!
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Progress4USA says:
Alan Keyes...enough said.
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boehhher says:
Stop trying to waste tax dollars! Talk about a lawsuit happy country.
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