gekaap
Rookie
- Jan 25, 2011
- 1,795
- 136
With respect, you're confused: yes, the state cannot mandate that the other state turn over a long form to the other state, but the state can mandate that the candidate acquire the long form from the state of their birth - in this case, Hawaii, which has categorically confirmed that it has one and can issue it to obama - who must then provide it to the state mandating the document to get on their ballot.
This is where you are wrong. The state of HI does not issue long form birth certificates to people. They issue short form copies. If a state wants to see Obama's birth certificate (and as I'm aware all 50 states already have), they will accept the legal documents that the state has provided to Obama.
The full faith and credit clause of the constitution demands that each state honor the records of all other states of the union. Only Congress can prescribe rules for how such records will be provided and the effect thereof. Thus, it would take an act of Congress for any state to require Obama to produce the original long form birth certificate. The states will take, and will have to take, the document that HI has already provided.
The other states are not imposing this requirement on Hawaii, but rather imposing the mandate on the candidates. if the candidates choose not to comply, nothing happens to them except that they don't get on the ballot in that state. It's all completely legal and constitutional for a state in the United States, a federalist, representative republic, to impose this mandate on a candidate running in their state. And if Obama cannot turn one over that stands up to expert analysis, he's screwed. Plain and simple.[/SIZE][/FONT][/QUOTE]