I learned about this story two days ago, from a Czech online newspaper, The Invisible Dog. At the beginning, the idea that Barack Obama was not constitutionally eligible to become the U.S. president sounded completely insane to me. Hasn't anyone among 300 million people noticed for 4+ years?
However, I soon realized that people don't really want to find problems that are inconvenient for them and many others are afraid to find any problems because they could become politically incorrect or "racist" in the eyes of the first group. These are circumstances in which the classic Emperor's new clothes may emerge in megalomanic proportions.
Back to 1961
Ann Dunham, a U.S. citizen, and Barack Obama Sr, a citizen of Kenya, married in February 1961 when she determined that she was pregnant. They only divorced a few years later. Now, the rules for Acquisition of U.S. Citizenship By a Child Born Abroad say the following thing about the situation:
Birth Abroad to One Citizen and One Alien Parent in Wedlock: A child born abroad to one U.S. citizen parent and one alien parent acquires U.S. citizenship at birth under Section 301(g) INA provided the citizen parent was physically present in the U.S. for the time period required by the law applicable at the time of the child's birth. (For birth on or after November 14, 1986, a period of five years physical presence, two after the age of fourteen is required. For birth between December 24, 1952 and November 13, 1986, a period of ten years, five after the age of fourteen are required for physical presence in the U.S. to transmit U.S. citizenship to the child.)Now, 1961 obviously fits to the 1952-1986 interval so the last sentence in the parentheses is relevant. Because Ann Dunham was less than 14+5=19 years old, she wouldn't satisfy the requirement if the birth took place in Kenya and Barack Obama Jr wouldn't be born as a U.S. citizen.
Where was he born?
Fine. So the question whether he was born in Hawaii or Kenya is constitutionally important. His black grandmother in Kenya and half-siblings apparently believe that they were physically present during the birth in Kenya. It seems that they have indirectly convinced most of Africa about this point. See e.g. these African newspapers that celebrate a Kenya-born U.S. president.
It is likely that both grandmothers, the black one in Kenya and the white one in Hawaii, know the correct answer.
Philip Berg's lawsuit
Their belief that the judge will accept their interpretation of these technicalities was probably the only way how they can win because if the lawsuit were not dismissed, they would have already lost by default: by not replying for 30 days to the specific accusations, they legally admit that they are true.
Fresh update: Judge decided that Berg had no standing as his claims of a harm were too vague: the articles of the constitution cannot be enforced and slowly become a piece of joke in a banana-like republic; see the 34-page ruling; Berg is filing an appeal to the Supreme Court as soon as possibleEven though Philip Berg is a truther, he seems to be a very sophisticated lawyer and the exchanges between him and Obama's lawyers are clearly exchanges between peers. At any rate, this technical argument of a lack of standing is clearly unsustainable. If Obama becomes the president, he will influence the life of many people much less "vaguely" than Berg's life and the unlucky ones (e.g. the GOP people he will fire) will surely have standing to argue that their harm only occurred because the constitutional law will have been violated by his nomination.
However, there also exists a long form (and its copies) birth certificate which looks like this one and which has much more information in it. In his own book, "Dreams of My Father" (1995, page 26), Obama says that he used to entertain himself by reading his own birth certificate when he was a teenager. He refuses to publish it or even to show it to authorities. No one knows why because this would be a trivial way to stop this bubbling problem for his campaign.
And yes, I am also surprised by his recent visit to Hawaii that he delayed by several days even though it was justified by his grave-ill grandmother. It is bizarre. There are many important papers such as the birth certificate in Hawaii and his relatives probably know too many things about the circumstances of Obama's birth - and they don't know what Barack Obama wants them to say to the journalists and others.
For example, if the real father of Barack Obama is Frank Marshall Davis, a communist poet who was Barack Obama's spiritual father at the age of 10 or so, Obama shouldn't be afraid to publish this fact. Because of Davis' U.S. citizenship, it would also guarantee that Barack was natural-born regardless of the place of birth. And yes, I do think that Davis is more similar to Barack Obama Jr than Obama Sr. What do you think?
One more comment. I must tell you that I am pretty upset that after 10 years of constant harassment with the (four) U.S. visas I had to get during the time, each of which required half a year of uncertainty and insanely recurrent bureaucracy, no one seems to ask a top presidential candidate about his very place of birth - one of only three conditions dictated by the constitution - just because he became a kind of Führer, especially among the far-left people. This is about double standards of unprecedented proportions.