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sphere was a buzz with a former washington post article from 1998 titled mccain s panama problem that had resurfaced and the search into the panama canal history took off at rocket speed questions regarding mccain s eligibility continued to plague mccain the rnc the public announcement of s 2678 on february 28 2008 was like pouring gasoline onto an already burning fire a quick search of internet archives shows that the issue was quite a hot topic however i was not paying too much attention to it at the time which i will forever regret but someone else was paying very close attention a certain someone who has remained very close to obama since his years at harvard was quietly working the backrooms of college campuses for the obama campaign obama s tribe on january 16 2007 lynn sweet of the sun times breaks with the scoop that l aurence tribe one of the nation s leading constitutional scholars calls obama one the two most talented students i ve had in 37 years in teaching when i look at my kids and grandkids and ask what makes me hopeful about the future one thing is barack obama now while this is not a full out in the open endorsement it does give the initial opening for a future endorsement which seems to come in june of 2007 when tribe appears in a campaign tv ad for obama that kicked off in iowa also in june tribe gives an interview to the harvard crimson in which he states that although h e would back hillary if she won the democratic party s nomination he has always championed obama s cause on september 17 2007 the chicago tribune publishes an extensive list of obama s policy team and listed under domestic policy is laurence tribe harvard law professor then on november 19 2007 msnbc reports that the first obama campaign mailing had been sent out to nh voters and inside the mailer is a quote from tribe in addition to the endorsement in the campaign mailers tribe spent quite a bit of time that november touring new hampshire campaigning for obama moving on into december of 2007 tribe s former endorsement is officially listed at obama s my barackobama com by eddie lee obama staff for some readers this is where you may want to switch from coffee to a stiffer drink the fix is in on january 31 2008 professor tribe gives a persuasive talk with the main argument on electability in his talk tribe openly states that he c onsidered it highly probable the john mccain will be the republican candidate and also that h e is convinced that hillary is unelectable tribe finishes his persuasive by talking about the importance of voting in the primaries the importance that a candidate not win by a small margin and how there was no room for complacency this pretty much wraps it up for me as to why obama signed onto s 2678 so quickly and why the wheels shifted so swiftly from s 2678 to s res 511 with tribe already on obama s policy team you can bank on the fact that discussions were already had that s 2678 would have to be resubmitted as an amendment to the constitution however there was a much swifter and less ovbious way to proceed that would sanitize obama s eligibility problem through mccain with the help of the 2 most prominent influential constitutional lawyers known to the dc circuit they would use a non binding but publically accepted backdoor method called a resolution already laying out the background on laurence tribe we must now look at theodore olson olson was born in chicago however he grew up in the same liberal stomping grounds of the san francisco valley as tribe he received his law degree at berkley in 1958 is a member of the federalist society while serving under reagan bush jr olson championed conservative constitutional causes though his actions out of public office lean more to the liberal progressive causes after retiring from solicitor general in 2004 olson returned to gibson dunn crutcher at their dc office olson had previously worked for gibson dunn in los angeles beginning in 1965 as an associate where he eventually made partner soon after the 2008 elections olson jumps the conservative ship joins david boies lead council for gore in bush v gore an invited guest to olson s nuptials to booth in napa valley ca in 2006 in boies s lawsuit to overturn prop 8 in california thus the question begs to be answered why would a member of the federalist society co write an analysis that is in complete conflict to what the federalist society s review of natural born citizen is is his membership for decoration purposes only maybe however i believe olson finally released his inner liberal civil rights activist that has been pent up for decades note must also be taken that olson s wife lady booth is very active in the liberal activist realm was a staunch supporter of obama during the 2008 campaign thanks to commenter royll for bringing this to my attention the two views become one as i stated earlier the change from s 2678 to s res 511 a resolution r ecognizing that john sidney mccain iii is a natural born citizen moved curiously swiftly i will also not go into all the whereas as i have already covered this you can read them here along with my commentary what i will do is pick a couple of them apart that pertain to olson tribe s analysis as well as the testimony analysis of olson tribe i will also place special emphasis on tribe who is on record as officially endorsing obama as well as a current member of obama s domestic policy team well before s res 511 was introduced i do believe olson s part for the most part was pure decoration for the benefit of the gop to get them to go along with the scheme i ll let you judge for yourself by reading this article from the world socialist website there could be no better cover up than to put a so called conservative constitutional lawyer who is loathed by the liberal left but also happens to be a closet liberal civil rights activist in bed with a progressive one first let s begin with the written analysis testimony that was permanently recorded in the congressional record on april 30 2008 but was officially sent to the senate on april 8 th through the law firm of gibson dunn crutcher llp the analysis which begins by citing that the constitution does not define natural born citizen that congress has never given a definituion either can be argued against some argue otherwise however the best place to find the definition would be in the 39 th congress records of 1866 when the 14 th amendment was being drafted they then go on to cite marsh v chambers 463 u s 783 790 91 which is a 1983 supreme court case on freedom of religious speech while this had me baffled for a day or so it suddenly hit me maybe they were not using the deciding opinion of the case maybe they went to the dissenting opinion bingo justice brennan dissenting wrote finally and most importantly the argument tendered by the court is misguided because the constitution is not a static document whose every meaning on every detail is fixed for all time by the life experience of the framers we have recognized in a variety of constitutional contexts that the practices that were in place at the time any particular guarantee was enacted in to the constitution do not necessarily fix forever the meaning of that guarantee so basically what they did was take brennan s dissenting opinion and use it as precedent to usurp our guarantee our national security protection under the rule of law that the person attaining to the highest office of land the commander of our military forces would have no foreign influences or intrigues but let us not stop there with this opinion brennan goes on to write our primary task must be to translate the majestic generalities of the bill of rights conceived as part of the pattern of liberal government in the eighteenth century and there we have it that big it s my constitutional right to be president some day analogy thrown right in our faces framers be damned so now that we have an initial grasp of the view of the constitution these two men hold let s look further into their true interpretation of who they believed the framers to be you know those men who were our founding fathers and who also fought a bloody war a war to end america s ties to an all powerful monarchy and put in the hands of the people the power to govern themselves by drafting a constitution establishing a republic next tribe olson brings up the subject of common law at the time of the founding and also reference wong kim ark 169 u s 649 655 1898 if this surprises you then you have not been paying attention because it is the premise to all their legal analysis tribe has written lectured extensively as well as teaches in depth blackstone s english common law as the guide to interpreting our constitution in the analysis sent to the senate judiciary they write these sources all confirm that the phrase natural born includes both birth abroad to parents who were citizens and birth within the nation s territory and allegiance emphasis added oh really tribe olson go on to mis cite the specific part of wong kim ark they are relying on for their conclusion and they also do not cite the case minor v happersett 1874 21 wall 162 166 168 which we know for a fact from extensive research done by leo donofrio team was the guiding case for the wong kim ark decision in wong kim ark the court thoroughly discussed natural born citizen and in doing so justice gray quoted directly from the holding in a prior supreme court case minor v happersett the following passage is a quote from minor as quoted by justice gray in wong kim ark at common law with the nomenclature of which the framers of the constitution were familiar it was never doubted that all children born in a country of parents who were its citizens became themselves upon their birth citizens also these were natives or natural born citizens as distinguished from aliens or foreigners some authorities go further and include as citizens children born within the jurisdiction without reference to the citizenship of their parents as to this class there have been doubts but never as to the first for the purposes of this case it is not necessary to solve these doubts it is sufficient for everything we have now to consider that all children born of citizen parents within the jurisdiction are themselves citizens minor v happersett 1874 21 wall 162 166 168 emphasis added look at that you have justice gray citing the court in minor who are themselves citing the laws of nations definition they didn t directly cite that treatise but the definition used is taken therefrom of natural born citizen person born in us to citizen parents nbc in minor they clearly established who was a natural born citizen beyond any doubt a definition that does not include obama as to persons born in the us to foreign parents they said as directly quoted in wong kim ark by justice gray as to this class there have been doubts but never as to the first now why would the supreme court be relying on the law of nations if in fact as tribe olson claim the framers relied on english common law the same law that kept them oppressed while under the rule of the english monarchy the fact is they didn t in the 1 st commentaries on the constitution written by supreme court justice wilson who was appointed by george washington was a signer of the declaration of independence and was as member of the continental congress wilson specifically refers to the law of nations as the guiding force behind our constitution and it interpretation the law of nature when applied to states and political societies receives a new name that of the law of nations this law important in all states is of peculiar importance in free ones the states of america are certainly entitled to this dignified appellation but if the knowledge of the law of nations is greatly useful to those who appoint it surely must be highly necessary to those who are appointed as puffendorff thought that the law of nature and the law of nations were precisely the same he has not in his book on these subjects treated of the law of nations separately but has every where joined it with the law of nature properly called so the law of nature is applied to individuals the law of nations is applied to states clear concise truthfully spoken this is also one of the most inspirational commentaries on our constitutional law patriotism i have read if you have not read james wilson of the law of nations lectures on law 1791 as of yet i encourage you to do so so putting wilson s lectures on law to task we can say with confidence that tribe is completely misguided and flat out wrong when he claimed british statutes in force when the constitution was drafted which undoubtedly informed the framers understanding of the natural born citizen clause those statutes provided for example that children born abroad to parents who were natural born subjects were also natural born subjects to all intents constructions and purposes whatsoever the framers substituted the word citizen for subject to reflect the shift from a monarchy to democracy emphasis added for supposed constitutional scholars tribe olson really miss the mark on this one they also make reference that we are a democracy which is just an out right lie the framers wrote a constitution for a republic with citizens as sovereigns who are superior to the government institution itself not subjects to some democracy who are ruled by a central government put in place by mob rule and where individual rights are only those given to you by the government democracies rarely last they either give cause for revolution or they ascend to a monarchy or dictatorship hitting more pay dirt in a recent illinois public law legal theory written by professor lawrence b solum of the u of il college of law chicago solum further explains why the english common law definition of natural born subject was not the definition adopted by the framers for the sovereign citizens of the united states of america blackstone commentaries 1765 when i say that an alien is one who is born out of the king s dominions or allegiance this also must be understood with some restrictions the common law indeed stood absolutely so with only a very few exceptions so that a particular act of parliament became necessary after the restoration for the naturalization of children of his majesty s english subjects born in foreign countries during the late troubles and this maxim of the law proceeded upon a general principle that every man owes natural allegiance where he is born and cannot owe two such allegiances or serve two masters at once yet the children of the king s ambassadors born abroad were always held to be natural subjects for as the father though in a foreign country owes not even a local allegiance to the prince to whom he is sent so with regard to the son also he was held by a kind of postliminium to be born under the king of england s allegiance represented by his father the ambassador to encourage also for...