Monday, December 22, 2008

Letter from Mario Apuzzo, ESQ, from Jamesburg, NJ


On the question of whether Obama is a "natural born Citizen" as that term is used by Article II of the U.S. Constitution, some might simply say it is too late to address such an issue, for the "American people" have spoken and it would be an "injustice" not to carry out their will. But to properly respond to this answer, we have to first analyze who voted for Obama. Then we have to ask ourselves whether we, as a nation founded upon and flourished from our Constitution, can simply refuse to exercise our obligation to make sure that our Constitution has been followed in this Presidential election.

First, I would like to comment on who are the "American people" who voted for Obama. Robert Stevens wrote the following at "[R]eportedly, Obama votes constituted 63.7 million out of the 122.4 million votes in the 2008 election, out of an estimated population of 305.9 million Americans, not counting US nationals not resident in the US; in other words, no more than 20.89 percent of Americans voted for Obama. . ., and there are currently substantial defections from his base among the liberals, left-wing media, African Americans and anti-war and gay rights activists." I believe that these statistics, assuming they are accurate, lead to a more important question and that is one raised by Alan Keyes, "a high-level Reagan era diplomat, a media personality and a conservative political activist, a well-known staunch pro-life champion and a leader in the effort to restore the eroded sovereignty of the American people by securing our borders, abolishing the federal income tax and bringing the federal Judiciary back within proper constitutional bounds. He formally severed his Republican affiliation in April and was the presidential nominee of America's Independent Party in 2008." This is how he describes himself and I offer the information not to show that I am his supporter but only so that you may have a little background on him.

Alan Keyes wrote an excellent piece on the importance of our nation adhering to our Constitution. He states how "passions and affections" can blind us from the reality with which we are faced, causing us to pay "scant attention" to that which is important. He explains the difference between a "constitutional democratic republic" and a "democratic republic," arguing that the United States is the former and not the latter. He shows how in a "constitutional democratic republic," the will of the simple majority is put in check by its Constitution while with a "democratic republic," the will of a simple majority has no such control and can assert its power, for good or bad, over all other elements of the society. Hence, he so distinguishes between a "constitutional democratic majority" and a "simple majority." He explains how it was the Constitution itself which allowed the civil rights advances of the 20th century and allowed black Americans to obtain many of the freedoms they enjoy today, notwithstanding the will of a simple majority that may have wanted things otherwise. He goes on to say that failing to adhere to the Constitution is the beginnings of the creation of a democratic dictatorship. He argues that if our leaders lack the character now to uphold the Constitution for ignorance, fear, or selfish ambition, what can we expect from them once an abuse of power actually materializes. He demands that every government official of the United States must make sure that the Constitution is respected in full, for these officials enter their office upon their oath that they will uphold the Constitution. As part of this duty, he maintains that they must assure that all relevant facts and evidence be publicly and fully presented on the issue of whether Obama is Constitutionally eligible to be President. For those who want to read Mr. Keyes full article, go to

Our nation is now debating whether Obama is Constitutionally qualified to be President. It is critical to the continuing positive development of our Constitutional democracy that our leaders comprehensively and honestly address this question. To do otherwise will at best cause millions of Americans to lose faith in the greatness of America and at worst only history can tell.

Mario Apuzzo, Esq.
Jamesburg, New Jersey 08831