This assertion, having been rejected by every federal and state court to consider this issue,is utterly baseless. The question of President Obama’s citizenship has long been settled. He is a natural born citizen, having been born in 1961 in Honolulu, Hawaii to his mother, the late AnnDunham, who was indisputably a citizen of the United States. Therefore, he satisfies therequirements of Article II, Section 1 of the Constitution of the United States; he is eligible to serveas President of the United States; and he is eligible to stand for re-election to that office. Plaintiff’sallegations have no basis in fact or in law.
Motion to Dismiss for Failure to State a Cause of Action
1. President Obama is indisputably a natural born citizen by virtue of his birth in theUnited States.
See United States v. Wong Kim Ark,
169 U.S. 649, 705 (1898)(holding that a person born to non-citizens for China was a citizens of the United States because “[e]very personborn in the United States, and subject to the jurisdiction thereof, becomes at once a citizens of theUnited States”);
see also Ankeny v. Governor of the State of Indiana,
916 N.E. 2d 678, 688 (Ind.Ct. App. 2010)(citing
Wong Kim Ark,
and holding that both President Obama and Senator JohnMcCain were “natural born citizens” because “persons born within the borders of the UnitedStates are ‘natural born citizens’ for the Article II, Section 1 purposes, regardless of the citizenshipof their parents.”). Because President Obama satisfies all eligibility requirements for the office of President of the United States, the complaint should be dismissed for failure to state a cause of action.2. Despite the Plaintiff’s baseless assertions regarding the President’s eligibility, thecomplaint fails to state a cause of action because the Democratic Party has a constitutional right tonominate whomever it desires as its candidate for President of the United States.
See California Democratic Party v. Jones,
530 U.S. 567, 575 (2000)(“Unsurprisingly, our cases vigorously affirmthe special place the First Amendment reserves for, and the special protection it accords, the