Skip to comments.A Rat Called Tandem (natural born Citizen, GA ballot hearing, Obama)
Posted on 02/04/2012 3:17:29 PM PST by rxsid
"A Rat Called Tandem.
[UPDATED: 2:12 PM - Cindy Simpson's top headline article at American Thinker is also a must read. Excellent analysis as usual.]
What happened in Georgia is what we refer to in poker as, playing to a script. Its like something out of a Frank Capra movie. The citizens head to court to fix a Constitutional wrong, and the State court appears to be tough on the feds, standing up to them bravely flexing their muscles in the name of their citizens. Nice script. But its so very transparent.
Everyone needs to read Mario Apuzzos in-depth exposure of the blatant flaws in Judge Malihis holding, wherein you will experience a brilliant researcher exposing a truly defective legal opinion.
I only have a little bit to add. My remarks will be brief, and focused upon Judge Malihis sad failure to address the issue of statutory construction, which I explained thoroughly in my last report, The Dirty little Secret of the Natural-Born Citizen Clause Revealed.
Malihis opinion directly contradicts his own recent opinion denying Obamas Motion to Dismiss, wherein Malihi relied exclusively on statutory construction. However, yesterday, Malihi held that the 14th Amendment had to be read in tandem with Article 2, Section 1.
But doing so would render the natural-born citizen clause to be inoperative, in that 14th Amendment citizenship, and nothing more, would be the requirement to be President. This would mean that the natural-born citizen clause is rendered superfluous. Heres what Chief Justice Marshall said about this issue in Marbury v. Madison, 5 U.S. 137 (1803):
It cannot be presumed that any clause in the constitution is intended to be without effect; and therefore such construction is inadmissible, unless the words require it. Id. 174. (Emphasis added.)
And heres what the U.S. Supreme Court held as to statutory construction in the seminal case on this issue, Morton v. Mancari:
Where there is no clear intention otherwise, a specific statute will not be controlled or nullified by a general one, regardless of the priority of enactment. See, e. g., Bulova Watch Co. v. United States, 365 U.S. 753, 758 (1961); Rodgers v. United States, 185 U.S. 83, 87 -89 (1902).
The courts are not at liberty to pick and choose among congressional enactments, and when two statutes are capable of co-existence, it is the duty of the courts, absent a clearly expressed congressional intention to the contrary, to regard each as effective. When there are two acts upon the same subject, the rule is to give effect to both if possible . . . The intention of the legislature to repeal `must be clear and manifest. United States v. Borden Co., 308 U.S. 188, 198 (1939). Morton v. Mancari, 417 U.S. 535, 550-551 (1974).
There is no clearly expressed intention to deem 14th Amendment citizens natural born. Those words were intentionally left out of the 14th Amendment. And Judge Malihi has simply overruled the U.S. Supreme Court by suggesting that the general citizenship clause of the 14th Amendment governs the specific requirement to be President in Article 2, Section 1.
Both clauses are not given separate effect by Malihi. His opinion holds that the 14th has the exact same effect as the natural-born citizen clause, while the 14th Amendment does not include the words natural born Citizen. Persons claiming citizenship under the 14th Amendment are deemed to be citizens. Malihi has added the words natural born into the Amendment. This is absolutely forbidden, according to Malihis own opinion in the Motion to dismiss, wherein he held:
In the absence of words of limitation, words in a statute should be given their ordinary and everyday meaning. Six Flags Over Ga. v. Kull, 276 Ga. 210, 211 (2003) (citations and quotation marks omitted). Because there is no other natural and reasonable construction of the statutory language, this Court is not authorized either to read into or to read out that which would add to or change its meaning. (Emphasis added.)
Yeah, dude. Whatevah. Such lack of consistency, just weeks apart, from the same jurist
simply reeks. Now hes putting words into the 14th Amendment, when just two weeks ago he said that was forbidden.
If simply being born in the U.S. is enough to be considered a "natural born Citizen", then the current Dauphin of France (as considered by the Legitimists) Prince Louis Duke of Burgundy would be considered POTUS eligible.
If the French decided to have another restoration of the House of Burbon, the King of France would be considered POTUS eligible.
Or, if Louis Alphonse were to be elected POTUS 1st...and then the French decided to restore the crown...wow!
Imagine that. The King of France and the President of the U.S. as one in the same.
The judge has just essentially rule that he considers the current Dauphine of France to be POTUS eligible!
Coat of arms of the Dauphin of France.
I believe the founders and framers would be repulsed by such a ruling.
"A Rat Called Tandem (natural born Citizen, GA ballot hearing, Obama)"
they dont care about jindal or rubio, they got their commie in for 4 or 8 years and they are happy commies.
Maybe it's as simple as the Obama/Holder Dept. of Just Us telling the judge.. "You know that little incident in Cincinnati back in 1996? Oh, you don't have to have been there. We have ways to prove that you were there and . . . ."
.. or the Clinton way.. "We'll start by killing your pets then . . . ."
Here is the actual decision, for any who have not read it:
The judge based his decision on the US Supreme Court case of Wong Kim Ark:
and Ankeny v Indiana:
Regarding this: "the guidance provided by Wong Kim Ark", the state court of Indiana had stated this in the previous paragraph:
The Court held that Mr. Wong Kim Ark was a citizen [Edit: "citizen", but NOT a "natural born Citizen"] of the United States at the time of his birth. 14What does footnote 14 say?
We note the fact that the Court in Wong Kim Ark did not actually pronounce the plaintiff a natural born Citizen using the Constitution's Article II language is immaterial.
Additionally, WKA's parents were perminantly domociled in the U.S.
Something Barry's father never was.
You already know all that, but continue your full court press in support of a half foreigner who's father was a temporary student visitor, being the Commander in Chief.
You will have to change your law lenses now, the Constitutional Republic is dead and the long lusted for federal oligarchy is in place.
“But doing so would render the natural-born citizen clause to be inoperative, in that 14th Amendment citizenship, and nothing more, would be the requirement to be President.”
No. It merely means that anyone born in the USA of parents here legally IS a natural born citizen allowed to run for President. All other offices would still allow naturalized citizens to run. It would NOT override the NBC clause, but define it.
To the extend the 14th deals with citizenship, it was to overturn the Dred Scott decision. It was the states telling the Court they had ruled incorrectly in Dred Scott.
Quote the part of the 14th Amendment that has the term “natural born Citizen” in it.
A Rat Called Tandem (natural born Citizen, GA ballot hearing, Obama)
Any rat would be better than 0h0m0allah!
The fix is in...
I am sick of even looking at Drudge each morning...
“Happy Days are Here Again”
“Jobless rate falls to lowest in three years”
as Obozo is kissing Paluzie.
The conservatives are in shambles with Mittens running high.
Judges are running wild to protect the Commie messiah.
The Marxist Stream Media is all giggly over their new Karl.
What is left of the Tea Party will be driven into exile.
I am about to predict that Obumbo will be reelected, and America will end by 2015.
Welcome to the new USSA.
Fortunately, I am not there to experience it.
Am I overly pessimistic, or what?
The judge wrote, “This Court recognizes that the Wong Kim Ark case was not deciding the meaning of “natural born citizen” for the purposes of determining presidential qualifications; however, this Court finds the Indiana Court’s analysis and reliance on these cases to be persuasive.”
Like every other court to look at these issues, it was persuaded by the ARGUMENT in WKA. Yes, in the absence of a formal ruling, DICTA from the Supreme Court, particularly dicta that has been followed and used repeatedly for over 100 years, IS used to guide court decisions.
As I have written to you many times in the past, birthers need to comprehend the arguments and try to answer them, instead of ignoring them and then losing case after case after case. Birthers who ignore WKA will not win in court. Period.
Not even when the other side refuses to show up...
Objection! Assumes facts not in evidence.
IMO, Malihi punted to the fallacious interpretation of WKA concocted by the Ankeny court.
I believe that WKA was correctly decided, but wrongly interpreted by the Ankeny court and by Malihi when they twisted the grammar of the Minor citation in WKA to fit their preconceptions.
The Minor NBC language is like one of those optical illusions where some people instinctively see one image and the rest see an entirely different image. This would be assuming that both sides are honestly declaring what they see.
Quote the part of the 14th Amendment that has the term natural born Citizen in it.
Minor specifically stated it was NOT trying to give a comprehensive definition of NBC. That is why trying to force the Court to accept it was stupid. The Minor decision SAID they were not going to settle the dispute about the meaning.
Do you expect any other decision from these elitist bastards from both parties, including the judiciary. We have no rights, no justice, and no hope as long as they remain in power. Don’t tell me we can vote them out, you see how that’s working. Fix unemployment, not a chance, they use it to buy votes. Billion dollar campaigns are now the norm, and the common man with love of country has no chance. They now sit there smug in the knowledge that they control us all. God help the Republic.
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