A Florida judge is taking up a national complaint.

The so-called "birthers" are suing to get President Barack Obama's name off the November ballot in Florida. That group doesn't believe the Commander in Chief's birth certificate.

But in a hearing Monday, attorney Larry Klayman told a judge Obama's birth certificate isn't the only issue; the President's father, Barack Obama Sr., was never an American citizen.

Klayman argued that fact alone means the President isn't a 'natural born citizen' and, under the Constitution, can't run for re-election.

“The framers wanted a situation where the President, in terms of his background, in terms of his links to the United States, wanted someone who was born in this territory to two citizen parents,” said Klayman.

Obama administration lawyer Mark Herron calls that ridiculous. He says nowhere in the Constitution does it say a 'natural born citizen' has to have American-born parents.

“Those statements conflict with the United States Supreme Court opinions, as well as other opinions of other courts who have considered this issue,” Herron said.

Erin Sullivan traveled all the way from Manatee County to witness the hearing.

“His father was not an American citizen, not at any time,” she said. “It's not even a question of whether it was after he was born.  He was never an American citizen, and Mr. Obama's not qualified to be President of the United States.”

The suit describes plaintiff Michael Voeltz, as being a registered Democrat.

A final decision on the case could come as early as this week.