Dear Dr. :
Thank you for contacting me regarding President-Elect Obama's citizenship. I appreciate hearing from you and would like to respond to your concerns.
Like you, I believe that our federal government has the responsibility to make certain that the Constitution of the United States is not compromised. We must fight to uphold our Constitution through our courts and political processes.
Article II of the Constitution provides that "no Person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President." The Constitution, however, does not specify how that qualification for office is to be enforced. As you may know, a voter recently raised this issue before a federal court in Pennsylvania. On October 24, 2008, the United States District Court for the Eastern District of Pennsylvania released an order in the case of Berg v.Obama.In that case, the plaintiff, Phillip Berg, raised the same issue that your letter raises regarding proof of the President-Elect's birthplace. Through his lawsuit, Mr. Berg sought to compel President-Elect Obama to produce a certified copy of his birth certificate.
The District Court dismissed Mr. Berg's suit and held that the question of Obama's citizenship is not a matter for a court to decide. The court further noted that voters, not courts, should decide whether a particular presidential candidate is qualified to hold office.
Presidential candidates are vetted by voters at least twice - first in the primary elections and again in the general election. President-Elect Obama won the Democratic Party's nomination after one of the most fiercely contested presidential primaries in American history. And, he has now been duly elected by the majority of voters in the United States. Throughout both the primary and general election, concerns about Mr. Obama's birthplace were raised. The voters have made clear their view that Mr. Obama meets the qualifications to hold the office of President.
After he is sworn into office, Mr. Obama will be our nation's President and I intend to bestow upon him the honor and respect due any man who holds that Office. Yet, I am certain that there will be times when I will disagree and oppose President Obama's policies. When that happens, you can be assured that I will pursue vigorously what I believe to be in the best interest of Florida and the nation.
I thank you for sharing your views with me and will keep your concerns in mind. If you have additional questions or comments, please contact me. For more information about issues and activities important to Florida, please sign up for my weekly newsletter at
http://martinez.senate.gov.
Sincerely,
Mel Martinez
United States Senator