Posted by
Mike on Tuesday, March 01, 2011 1:09:29 PM
http://westernperspective.blogspot.com
A commentator on one of the Talk Radio channels is known as the
Critiquelator because he both translates and critiques the
expostulations of Barack Obama, being certifiably black enough to criticize
Obama's actions without being considered a racist by the mainstream
media. Lately, the Critiquelator has gone off on a limb with regard to
certain constitutional questions.
The first question concerns natural born citizenship. He argues that
Obama is not a natural born citizen and therefore ineligible to serve as
President because his father was a British subject and citizen of Kenya
at the time of Obama's birth in 1961, and that there is evidence that
Obama was actually born in Kenya, not in Hawaii, all of this being
called into question by the absence of a valid birth certificate. This
argument is wrong because natural born citizenship is presumed for a
person born out of wedlock to an American mother and there is conclusive
evidence that the alleged father Obama Sr. was married to a Kenyan woman at the
time and therefore could not legally have been married to Obama's
mother, and the burden of proof is on those challenging Obama's
eligibility which they have not met because there is no conclusive
evidence that Obama was born outside of Hawaii.
The second question concerns marriage. He defends Obama's decision not
to enforce the Defense of Marriage Act (DOMA), arguing here that same
sex couples have an inherent right to marry pursuant to equal protection
in the Fourteenth Amendment. However, equal protection is only valid
when comparing two things which are essentially equal. For example,
because one person has the right to fly airplanes does not, pursuant to
equal protection, give another person the right to shoplift or to throw
puppies out the window. These are inherently different things for which
there can be no equal protection under the law. The same holds true
for a comparison between traditional marriage and any unions other than
those between one man and one woman, regardless of whether or not
individual states legalize same sex unions whatever they may call them.
Colonial America was essentially ruled by a squirearchy out of which
came our Declaration of Independence and Constitution. These documents
can only be properly understood in this context.