Meet Gordon Warren Epperly of Juneau, Alaska. He has found a novel way to challenge Obama’s place on the 2012 presidential ballot. Considering the absolute and utter smackdown that birther lawsuits took in Georgia recently, it would seem a new set of tactics is necessary (giving up and admitting it’s not only a lost cause, but also completely psychotic, is clearly out of the question) (for an excellent summary of the bloodening that the birthers endured in Georgia, check out BadFiction’s blog). How is Mr. Epperly presenting his case? Well, obviously, Barack Obama is ineligible for the office of President of the United States of America because he is black, or to use Epperson’s words, “Mulatto.” Don’t believe me? Good, that means you’re not insane.
Let’s hear Epperson tell it, shall we? (A full PDF of the complaint to the Alaska Division of Elections is here.)
[F]or an Individual to be a candidate for the office of president of the United States, the candidate must meet the qualifications set forth in the United States Constitution and one of those qualifications is that the Candidate shall be a “natural born citizen” of the United States. As Barack Hussein Obama II is of the “mulatto” race, his status of citizenship is founded upon the Fourteenth Amendment to the United States Constitution. Before the [purported] ratification of the Fourteenth Amendment, the race of “Negro” or “mulatto” had no standing to be citizens of the United States under the United States Constitution.
There’s more, but it is worth pointing out that at this point he cites the Dred Scott decision, the 1857 Supreme Court case that held that slaves, and descendants of slaves, were ineligible for citizenship. He claims that the case “has never been distinguished (overturned).” Moving on:
As the Fourteenth Amendment is only a grant of “Civil Rights” and not a grant of “Political Rights,” Barack Hussein Obama II does not have any “Political Rights” under any provision of the United States Constitution to hold any Public Office of the United States government. Furthermore, there is considerable debate within the enclosed supporting documents that shows Barack Hussein Obama II was not born on the soil of the United States and that he was not subject to the jurisdiction of the United States at the time of his birth. If this is true, it would appear that Barack Hussein Obama II may not only be in want of having the status of being a “natural born Citizen,” but he may not even be a “citizen of the United States.” Being absent of proper status of Citizenship, Barack Hussein Obama II, nor his Delegates, have the qualifications to appear on the Election Ballots for the State of Alaska. (Emphasis in original)
A few observations at this point. First, he hedges quite a bit in his language, more than one might expect in a petition to a government agency. “There is considerable debate…” and “If this is true…” Not exactly the sort of forceful language one might expect in an original pleading. It is also common to use a shorthand when a name is repeated, e.g. “Barack Hussein Obama II (hereinafter “Obama”)” or something like that. I suspect he just couldn’t resist the opportunity to remind us at every turn that the president’s middle name is Hussein. At least he managed to stay away from the caps lock key.
Others have done an excellent job of putting Mr. Epperly’s arguments out of their misery, so I don’t need to waste too much ammo. If I am correctly reading his complaint (and my ability to read legal documents written in batshit can be a bit rusty), he is arguing that the Fourteenth Amendment did not actually overturn Dred Scott, and that therefore Barack Obama, and presumably anyone else of black, African-American, African, Caribbean, etc. ancestry is not a United States citizen, even if they were born here.
My legal analysis in brief: that’s crap.
Aside from that, he is rehashing many familiar tropes of the birther movement. President Obama is not “natural born” because his father was not a U.S. citizen, or because he was secretly born in Kenya, blah blah blah. This argument would have the intriguing effect of stripping U.S. citizenship from thousands of people born to citizens of other countries, despite the fact that “natural born” has been construed to mean “born on U.S. soil” for decades and longer.
In fact, any excessive amount of scrutiny of what it means to be “natural born” as it pertains to the presidency really didn’t come up at all until a black guy with a funny-sounding name got elected president. Don’t insult yourself, America, or humanity by trying to claim that racism is not a factor in all of this. Gordon Warren Epperly at least has the courtesy, and the courage, to be honest about it.
Photo credit: By Louis Schultze [Public domain], via Wikimedia Commons