Refuting the Birthers

While you're not busy convincing the elderly that health care reform doesn't equal euthanasia, read up on this excerpted post from salon.com on how to refute the conspiracy theorists who steadfastly maintain(in spite of all the evidence to the contrary) that President Obama isn't a natural-born citizen and cannot, therefore, legally serve as President.

Myth 1: Obama wasn't born in the U.S.

This is the big one. It may also be the most easily refuted. First of all, during the presidential campaign, Obama released a certification of live birth, which is the official document you get if you ask Hawaii for a copy of your birth certificate. There are allegations that what Obama released is a forgery, but state officials have repeatedly affirmed its authenticity and said they've checked it against the original record and that Obama was indeed born in Hawaii.

If that wasn't enough, two Hawaiian newspapers carried announcements of Obama's birth in August 1961. (Read the Honolulu Advertiser's item from Aug. 13, 1961, nine days after Obama's birth, here.) The traditional joke that Birther debunkers make is that his grandparents must have placed those announcements because they knew that he'd want to run for president nearly five decades later. The truth, though, is that the notices are even stronger pieces of evidence than that. Obama's family didn't place them -- Hawaii did, as it does for all births. The announcements were based on official records sent to the papers by the state's Department of Health.

Myth 2: Obama can't be president because his father was a British citizen

Some of the Birthers -- like de facto leader Orly Taitz -- believe that Obama wouldn't be eligible for the presidency even if he were born in the U.S. That's because, in their infinite wisdom, the Founding Fathers included in the Constitution a fair amount of phrases they never really bothered to define. One of those is this explanation of who can be president: "No person except a natural born citizen."

The Supreme Court has never ruled directly on the question of what "natural born citizen" means. So the Birthers have simply settled on their own definition -- someone born to two citizen parents -- and found a source,"The Law of Nations," a 1758 book by the Swiss philosopher Emerich de Vattel, to back them up.

There are a couple of problems with this. Most important, Obama isn't the first president with a non-citizen parent: Chester A. Arthur, the 21st president, was. His father was from Ireland and apparently did not become a U.S. citizen until more than 10 years after the future president's birth.

Plus, even if the Founding Fathers did rely on Vattel as much as the Birthers say -- always a dubious proposition -- Swiss philosophy books aren't legal precedent in the United States. British common law is. And in 1898, in the case of U.S. v. Wong Kim Ark, the Supreme Court looked into the meaning of "natural born" in the common law and concluded that a non-citizen's mere presence in the U.S. is enough to make their child, if born here, a natural-born citizen.

Myth 3: A Kenyan birth certificate for Obama, showing he was born in Mombasa, has been discovered

It's a hoax. Once Taitz released the document, purportedly a certified copy of a Kenyan birth certificate, it took less than two days for Internet sleuths to prove that it had been forged.
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The first signs were a couple of small but revealing errors: The certification is dated Feb. 17, 1964, when newly independent Kenya was known as the Dominion of Kenya. It wouldn't start calling itself the Republic of Kenya until December of that year -- but the document refers to the republic. Additionally, the document's header refers to "Coast Province," but as two British professors who are experts in Kenyan history pointed out to Salon, at the time the certificate was supposedly produced, the country's provinces were referred to as regions.

For the final nail in this myth's coffin, one particularly enterprising man, Steve Eddy, located the original Australian document on which the Kenyan certificate was apparently based. The two documents share several identical numbers, including the page and the book of records in which they can be found, and minor changes were made to the names of the registrars responsible for the Australian copy. Taitz claims the Australian certificate "was created to try to discredit my efforts" but it was in fact available on the Internet as far back as 2007.


Myth 4: Obama's grandmother said he was born in Kenya

There's a kernel of truth to this one. In an interview with a street preacher named Ron McRae, Sarah Obama, the second wife of the president's grandfather, did say she was there, in Kenya, for her grandson's birth.

Unfortunately for the Birthers, it was the result of a miscommunication -- or perhaps a mistranslation -- and as soon as McRae started pressing the issue, Obama's family realized what had happened and corrected him. Most Birthers simply ignore the corrections, excising them from audio and transcripts of the conversation posted online. McRae just believes it's part of the conspiracy and that Obama's younger relatives were coached to hide the truth.

The full audio can be downloaded here. What follows is a transcript of the relevant portion of the interview:

MCRAE: Could I ask her about his actual birthplace? I would like to see his birthplace when I come to Kenya in December. Was she present when he was born in Kenya?

TRANSLATOR: Yes. She says, yes, she was, she was present when Obama was born.

MCRAE: When I come in December. I would like to come by the place, the hospital, where he was born. Could you tell me where he was born? Was he born in Mombasa?

TRANSLATOR: No, Obama was not born in Mombasa. He was born in America.

MCRAE: Whereabouts was he born? I thought he was born in Kenya.

TRANSLATOR: No, he was born in America, not in Mombasa.

MCRAE: Do you know where he was born? I thought he was born in Kenya. I was going to go by and see where he was born.

TRANSLATOR: Hawaii. Hawaii. Sir, she says he was born in Hawaii. In the state of Hawaii, where his father was also learning, there. The state of Hawaii.

Myth 5: Hawaii allows parents to get birth certificates for their foreign-born children

This one is actually true -- just not in the way the Birthers think. Here's their position, as outlined by World Net Daily, a conservative news site that's become the unofficial Birther Web headquarters: "The 'Certification of Live Birth' posted online and widely touted as 'Obama's birth certificate' does not in any way prove he was born in Hawaii, since the same 'short-form' document is easily obtainable for children not born in Hawaii."

Children not born in Hawaii can get a birth document from the state. But it won't say they were born in Hawaii, as Obama's does.

"If you were born in Bali, for example, you could get a certificate from the state of Hawaii saying you were born in Bali," Janice Okubo, the director of communications for the state Department of Health, told the Washington Independent's David Weigel recently. "You could not get a certificate saying you were born in Honolulu. The state has to verify a fact like that for it to appear on the certificate."