On February 28, 2008, UCLA Law Professor Eugene Volokh posted to The Volokh Conspiracy a short item where he stated that he was certain that John McCain was a natural-born citizen. At the time, there was some minor debate over whether McCain’s well-established birth in Panama affected his Presidential eligibility. In the comments thread to this post, one commenter, Dave N, posited this legal scenario:[Via Jesse Walker, Reason]
Let’s change the hypothetical (just for grins and giggles).Barack Obama’s father was a citizen of Kenya. What would Senator Obama’s citizenship status (and Presidential eligibility) be if:1) He had been born in Kenya, but taken by his mother to the United States immediately after birth and then spent the rest of his life as he has subsequently lived it?2) He was born in a third country, and like my first hypothetical, immediately taken to the United States? Does that change the analysis?3) Would these results change if Senator Obama had been raised in a foreign country for any length of time before his mother returned with him to the United States?That was posted at The Volokh Conspiracy at 2:02 a.m. on February 29, 2008. Just over 24 hours later, FARS was sharing at FreeRepublic what he had “been told today” about Obama having been born overseas, but taken by his mother to the United States immediately after birth. All the details subsequently expressed in FARS’ version of the rumor are there in Dave’s legal hypothetical. And as a rumor, it shows no signs of having existed prior to February 29.
Thus, before it was a rumor that gave birth to a fringe movement, dozens of attempted lawsuits, and Donald Trump’s political career, Birtherism was borne out of nothing more than a legal hypothetical. No family confessions, no stories out of Africa, no investigative reporting, no Hillary Clinton campaign sabotage. Just a mere thought exercise about citizenship law, turned into a malicious rumor by an anti-Muslim blogger.
That is how Birtherism was conceived.
Thursday, September 22, 2016
Publicada por Miguel Madeira em 10:10