Posted on 01/27/2012 10:02:09 AM PST by Danae
The problem for you is that I read history. In particular I recommend that you have a look at Chapter 3 ("The 'Privileges or Immunities of a Citizen of the United States'") of Raoul Berger's Government by Judiciary - The Transformation of the Fourteenth Amendment. You can read this chapter for free at the Online Library of Liberty. Here's a pull quote:
In sum, the purpose of the framers was to protect blacks from discrimination with respect to specified “fundamental rights,” enumerated in the Civil Rights Act and epitomized in the §1 “privileges or immunities” clause. To achieve that purpose they made the black both a citizen “of the United States and of the State in which he resides.” They did not intend by the addition of State citizenship to diminish the rights they had been at such pains to specify, but the better to secure them.ML/NJ
And that is the key, if one is not bound by the laws that grant a right or privilege, then they are NOT under the “jurisdiction” of said law to pass that right onto their children. Period!!!
You are assuming facts not in evidence ... maybe they do.
or if they do, why have they not leaked it?
One cannot know for sure, but my theory is that they are waiting for the right time. For instance, if Israel decides its survival depends on destroying the Iranian nuclear program, say about September. Bibi calls/visits Obama and says "We have this file ... could be devestating to your re-election. But it can never see the light of day if you support us on Iran."
But, of course that blackmail threat could come from anywhere - China, Russia, maybe even Iran. A compelling reason to make sure a candidate PROVES his eligibility -- so he will not be an object of blackmail.
What is the name of the corrupt firm that has responsibility to maintain the judicial archives and who were caught deleting the case Minor v. Happersett and all its references?
I always wonder how this important case can be proven legitimate and valid now that it has been deleted from the database archives used by courts. It also seems to me that backup archives should be copied daily by a non-partisan government organization such as the National Archives and others just to keep the records honest.
You do know that Leo worship is not a virtue
It is only not clear to those that are paid to make the issue not clear.
NBC=Born on US Soil to a Citizen Father and a Citizen mother.
Citizen=Born in USA, Subject to jurisdiction.
We could have a couple six year olds figure out which category the president falls in. They probably wouldn't charge anything either.
We are living at the beginning of the post-Republic, post Constitution era. It is ugly but it is a reality. I don't know if the evil course now enjoined can be reversed. The sleaze factor is so high in our courts, I would be surprised if the truth of this lying socialist bastard ever comes out.
Indians
Good news, your daughter is still eligible to be President some day. It would be no differant than someone who was born in a US military hospital in Germany, or someone who was born prematurely while their parents were overseas on vacation.
which law?
the law at the time of the birth?
the law at the time of running for office?
common law vs statutory law regarding statutory interpritation.
Constitution vs statutory.
administrative code vs black letter law...
it goes on and on.
this is still a go nowhere argument. There are only two types of citizens.
Well if she were anointed by the democratic party there would be no problem. Laws are for the little people, royalty has their own rules.
Ever wonder why a thieving congressman who steals a few million dollars is only reprimanded, not jailed like you would be?
Legally speaking one must actually be “UNDER” the laws of citizenship before one is “SUBJECT” to them. Therefore one at birth who's parents(BOTH father & mother in one union in the eyes of the natural law of allegiance) are NOT under the “JURISDICTION” of the laws of citizenship, can not gain that which the “JURISDICTION” of said laws of citizenship define.
Slaves were never considered to be under the laws of citizenship as they were not “free persons” as defined by A1S2 of the US Constitution and representation. But when they were freed, they naturally became members of the nation because of same said law as they were now classified under the law as persons, not property and being slaves, they never owed political allegiance to any other nation.
sfl
I did not see how Donofrio was writing here to define what ‘natural born citizen’ is, but rather that is something more than being born here or as you refine as something more than simple citizenship. Rather at the very end of his piece he refers to Minor v. Happersett where it is unequivocally determined that ‘natural born citizen’ means a child born in jurisdictions of the United States of two citizen parents.
I also failed to see any effect of your point of ‘simple birth’ contrasted to ‘simple citizenship’ other than a splitting of hairs or perhaps at most an addition of precision where none was really needed since Donofrio is not writing statute but merely drawing attention of the rule of ‘statutory construction’ to lay readers as a rule that every lawyer knows well as a basic of law.
I’m with you!
And there lies the 2 different citizen meanings!
As would I, for the same reasons.
Justia.com and Public.Resource.org. The Owners are Tim Stanley and Carl Malamud. Malamud is connected to the Soros Foundation.
The courts do NOT use Justia or Public.Resource.Org. The courts use either the physical SCOTUS reporters (printed books), or paid subscription databases. There are subscription sources for SCOTUS cases, which cost literally thousands of dollars a month such as Lexis and Jstor, and I have access to both of these and others through American Military University Library as I am a student there.
Justia was designed to be used by Law students, Non-profit organizations, start-up businesses and others who could not afford the expense of a lawyer, or the subscription fees. That just happens to cover a vast majority of the American Population.
Right now there is NO digital certification for Government information. If my understanding is correct, there is a real movement within the Government Printing Office to do precisely that. It would do Americans a WORLD of good.
sfl
all very well. They do, however, attempt to override other sections of the Constitution. Especially the part limiting the federal government to its enumerated powers. Which are pretty damn specific.
I beg to differ. Leo pimped his article as being an open and shut, irrebutable answer to the ultimate question. I pointed out that it was circular, and you end up in exactly the same place you started.
My goal wasn't to rehash the NBC debate, because that's boring as hell. My goal was to point out that this particular argument had a flawed premise, and added nothing new.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.