Free Republic
Browse · Search
Bloggers & Personal
Topics · Post Article

Skip to comments.

A Rat Called Tandem (natural born Citizen, GA ballot hearing, Obama) ^ | 2/4/2012 | Leo Donofrio

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”. It’s 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 it’s so very transparent.

Everyone needs to read Mario Apuzzo’s in-depth exposure of the blatant flaws in Judge Malihi’s 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 Malihi’s 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.

Malihi’s opinion directly contradicts his own recent opinion denying Obama’s 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. Here’s 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 here’s 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 Malihi’s 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 he’s putting words into the 14th Amendment, when just two weeks ago he said that was forbidden.

TOPICS: Conspiracy; Government; History; Politics
KEYWORDS: birthcertificate; certifigate; donofrio; malihi; naturalborncitizen; obama; referent
Navigation: use the links below to view more comments.
first previous 1-2021-4041-6061-80 ... 181-189 next last
To: DiogenesLamp

Gray pretty much copied what the railroad attorney wrote.

41 posted on 02/04/2012 4:58:38 PM PST by bushpilot1
[ Post Reply | Private Reply | To 37 | View Replies]

To: Mr Rogers
NBC was NOT an appeal to European ‘natural law’, but to a term used regularly by every legislature that ratified the Constitution. They didn’t need to define it because it was already a well known and defined term.

And yet when Chief Justice Marshall wishes to cite the law on Citizenship he turns to Vattel, not Blackstone. So does Justice Washington.

42 posted on 02/04/2012 4:59:59 PM PST by DiogenesLamp (Partus Sequitur Patrem)
[ Post Reply | Private Reply | To 30 | View Replies]

To: gunner03

I don’t really believe this, but consider the possibility that the judge was planted by none other than Karl Rove. By releasing an obviously mistaken, flawed and contradictory opinion, this judge sets the stage for the appeal to be a knockout, and it would then have greater significance.

43 posted on 02/04/2012 5:00:56 PM PST by coloradan (The US has become a banana republic, except without the bananas - or the republic.)
[ Post Reply | Private Reply | To 19 | View Replies]

To: Mr Rogers

Will you STOP posting that crap? Nobody reads it, and it is a nuisance having to scroll down past it.

44 posted on 02/04/2012 5:01:16 PM PST by DiogenesLamp (Partus Sequitur Patrem)
[ Post Reply | Private Reply | To 21 | View Replies]

To: DiogenesLamp; Mr Rogers

Mr Rogers should have stayed on the religious threads. He’s fixin to get another enlightenment.

45 posted on 02/04/2012 5:05:39 PM PST by bushpilot1
[ Post Reply | Private Reply | To 42 | View Replies]

To: bushpilot1
Gray pretty much copied what the railroad attorney wrote.

I hadn't compared the two. (I give very little weight to what courts say, (Opinions about Opinions) rather I pay attention to what the founders said and did.) That puts a new spin on it. Could Crony Capitalism be rearing it's ugly head in this?

46 posted on 02/04/2012 5:07:02 PM PST by DiogenesLamp (Partus Sequitur Patrem)
[ Post Reply | Private Reply | To 41 | View Replies]

To: bushpilot1
Mr Rogers should have stayed on the religious threads. He’s fixin to get another enlightenment.

It won't do any good. Jesus could cure blindness but the rest of us aren't up to the task. :)

47 posted on 02/04/2012 5:10:02 PM PST by DiogenesLamp (Partus Sequitur Patrem)
[ Post Reply | Private Reply | To 45 | View Replies]

Comment #48 Removed by Moderator

To: Mr Rogers

How many parts in Vattel’s Law of Nations. 1 2 3 4 5 6?

Do all the parts discuss International law?

49 posted on 02/04/2012 5:36:21 PM PST by bushpilot1
[ Post Reply | Private Reply | To 48 | View Replies]

To: bushpilot1; Red Steel; rxsid; LucyT; Danae; GregNH
I do not consider myself to be a “superbirther” but rather a truth-seeking fact finder and evidence examiner. It goes back to being a retired CPA and Certified Fraud Examiner who happened to spend six years in court in a custody battle. I had to practically memorize the Texas Code of Civil Procedure (the green and red ones for those years...Texas lawyers will know what I mean)

IMO, the WKA court decided that WKA was a 14A citizen. His parents were “subject to the jurisdiction” of the USA and he was born in the country. WKA was NOT an NBC.

The WKA court cannot be blamed if, subsequently, this decision was twisted first by Ankeny and then by Malihi to declare Barry (with a UK subject father) to be NBC, and, in effect, to also declare Anwar al-Awlaki, an anchor baby who blossomed into a terrorist to be eligible to be POTUS!

I do NOT believe that these distortions are what the WKA court decided. IIRC, Leo Donofrio came around to stating that WKA was correctly decided, once he correctly parsed the NBC language in the Minor holding on the definition of NBC.

50 posted on 02/04/2012 5:40:35 PM PST by Seizethecarp
[ Post Reply | Private Reply | To 38 | View Replies]

To: rxsid

My sad conclusion.
0bama does not have a US Birth Certificate
ALL of 0bama’s school records show 0bama is not a US Citizen.
0bama will never show his records.
0bama could have sent down one of the two “certificates” (LOL) obtained last spring.

For various reasons, no one will compel 0bama to demonstrate he is eligible to hold any office.

51 posted on 02/04/2012 5:42:00 PM PST by Steven Tyler
[ Post Reply | Private Reply | To 1 | View Replies]

To: coloradan

I really don’t believe this, Rove is part of the problem, protecting the ruling class from any input from we the people. Every day, something new is brought out describing the erosion of our liberties.The Tea Party could endorse God himself, and the traitors from both parties would over rule the will of the people to protect their power to control.Semper Fidelis, to God and the Constitution of the United States.

52 posted on 02/04/2012 5:45:15 PM PST by gunner03
[ Post Reply | Private Reply | To 43 | View Replies]

To: Mr Rogers
When discussing INTERNATIONAL LAW, yes. Not when discussing US citizenship by birth.

The very NOTION of citizenship is regarding a relationship between one nation and others. That makes it a function of INTERNATIONAL LAW, or don't you comprehend? The only reason a nation has to look at citizenship internally is to designate people who it has no claim upon. i.e. Foreigners.

All the states that were in the Union at the time have since then approved the 14th.

Point a gun at someone and say "Who wants to be first?" and you will get your entire group of hostages to accede to your wishes. You don't even have to point guns at them.

It is BECAUSE you idiots refuse to read it that you get your butts handed to you every time you go to court - EVEN WHEN THE OTHER SIDE DOESN’T SHOW UP!

No, it's because the LEGAL IDIOTS have been sucking on the Wong Kim Ark Teat for so long that they are blind and drunk to any other evidence. We can't help that the courts are full of people who were wrongly taught. THAT mistake started a long time ago. All we can do is work to spread the meme that Anchor Babies and Birth tourism is a ridiculous brain dead stupid result of the Wong Kim Ark interpretation of the 14th amendment!

You cannot get any more pathetic than that! You can get your asses whipped by an absolute ZERO!

Not at all. What you call "get our asses whipped" is nothing more than the residual stupidity inherent in our legal system. I wouldn't expect a Jew to get a fair trial in a Nazi court, and I wouldn't characterize it as "getting his ass whipped." I would say that justice was not to be had in a court that looks past evidence and rules on personal prejudice.

53 posted on 02/04/2012 5:46:50 PM PST by DiogenesLamp (Partus Sequitur Patrem)
[ Post Reply | Private Reply | To 48 | View Replies]

To: Mr Rogers

Who provided the English language manuscript for the 1797 edition Vattel’s Law of Nations. When was this manuscript penned?

54 posted on 02/04/2012 5:47:05 PM PST by bushpilot1
[ Post Reply | Private Reply | To 48 | View Replies]

To: Mr Rogers

The root problem is quite simple, 0bama will NEVER demonstrate he is eligible for any office. 0bama’s past will always be sealed. The burden of proof lies with 0bama, and no one will “hold 0bama’s feet to the fire”
Second, we have the added difficulty to prove a negative.

55 posted on 02/04/2012 5:48:49 PM PST by Steven Tyler
[ Post Reply | Private Reply | To 14 | View Replies]

To: Seizethecarp
What about rummy Chick's contention that the lower court used the term "natural born citizen" and the Supreme Court in it's holding ruled "upheld without exception" ?

Would that not change the understood meaning of Wong Kim Ark to be a decision that he IS a "natural born citizen"?

56 posted on 02/04/2012 5:50:00 PM PST by DiogenesLamp (Partus Sequitur Patrem)
[ Post Reply | Private Reply | To 50 | View Replies]

To: DiogenesLamp

I’ve got to go folks, catch ya tomorrow.

57 posted on 02/04/2012 5:51:50 PM PST by DiogenesLamp (Partus Sequitur Patrem)
[ Post Reply | Private Reply | To 56 | View Replies]

To: rxsid

I doubt that the Judge was “smart” enough to dream up the “Tandem” ruling. We have to find the e-mail or phone call from the Obama camp that TOLD HIM to go in that direction!

58 posted on 02/04/2012 5:53:30 PM PST by WellyP (REAL)
[ Post Reply | Private Reply | To 2 | View Replies]

To: Seizethecarp

You evaded my wrote. “WKA was decided correctly”.

How was it decided correctly? Was it a correct decision giving citizenship to the children of aliens or an alien parent?

How is this a correct decision?

59 posted on 02/04/2012 5:53:53 PM PST by bushpilot1
[ Post Reply | Private Reply | To 50 | View Replies]

To: Seizethecarp

What needs to happen is the Indiana case being appealed.

That has GOT to happen or we are going to be hogtied with that obamanation for the rest of history.

I am so tempted to write about this, but Cindy Simpson, Leo Donofrio and Mario Apuzzo are all doing a brilliant job of putting this latest atrocity into context.

Not to mention a recent article at Anti-Mullah. Hat tip to the poster who sent it to me.... I won’t drop names in this one. But I think Alan at Anti-mullah has a REAL point to make here.

Saturday, February 04, 2012

Dr. Taitz, I don’t know why Judge Malihi would take the route he did. I thought he had a back bone and Kemp looked to me like he has one too from what he wrote.

You presented your case well, which gave rise to so many unanswered questions. As an American, Malihi, should have been dying for answers to those questions. Why isn’t he?

Was Obama born in 1890? Is he curious even slightly why Obama isn’t going to practice law anymore with his superior degree from Harvard?

What about those name changes, he’s not interested in the questions that surround his various identities? No good American, in their right mind, I am talking real patriots, would be able to just walk away without the answers, if they had watched and read the hearings like the rest of us.

He was the Judge for crying out loud! I can’t believe he would be satisfied without the answers to your questions. Well, my prayer is that our good Lord continues to prepare a table before you in the presense of our enemies and annoint your head with oil as your cup runneth over, so that surely goodness and mercy will follow you and all good Americans all the days of our life so we shall dwell in the house of the Lord forever! God Bless you Orly!

The whole country (the ones who matter that embrace one nation under G-d) love you and value every single thing you have done. The only thing I can think of that must keep you going is that the light of the Lord and all his angels are leading you every single step of the way. Praise G-d for that!

Answer: I don’t know, what happened to Malihi. I know, that he is not American by birth.,

He is Persian, Iranian. The last name and the first names of his parents are all Persian.

He is an appointee of the Democrat governor Zell Miller.

(Alan Note: Similar to Judge David Carter in California being a Clinton apppointee, who under similar circumstances also folded like a wet napkin and used a member of the Obama law firm defense team to write his equally shameful, cowardly capitulation decision/motion to dismiss. Should he still be calling himself a Marine and staining them?)

The only thing, that I don’t know, is:

Alan note: whether it was a set up from the start or whether someone got to him recently (including the Islamic Regime in Iran which could put pressure on Malihi if he or his wife have any relatives or even close friends they could harm, still in Iran).

Remember and note how Obama protects Islamic Iran and refuses to take action against Iran’s surrogate Syrian brutal, mostly Iranian conducted slaughter in Syria.

Note: how Obama is blocking legislation to allow frozen Iranian funds in the USA to be drawn upon to pay American survivor relatives from the 1983 bombing in Lebanon - as per the judgment issued by a Federal Court - saving Iran around $2.5 BILLION!

Was any of this an incentive/ purchase/bribe/inducement to Islamic Iran to threaten physical FATAL violence on Malihi and family? And their ability and prediliction to murder opponents is a well known, proven fact.

Was this judge’s own foreign background, specially IRANIAN, a key for his deciding the IMPOSSIBLE that Obama is a “natural born citizen”? He based it on a still unproved location of birth and IGNORED the fact that Obama’s father was NOT an American, which is a deciding factor to disqualify Obama from claiming the right to be President or at the very least on the ballot next time around?


Hellfire and bloody damnation... I am all out of freaking tinfoil... Not that I need it now. None of us does.

60 posted on 02/04/2012 5:59:23 PM PST by Danae (Anailnathrach ortha bhais beatha do cheal deanaimha)
[ Post Reply | Private Reply | To 50 | View Replies]

Navigation: use the links below to view more comments.
first previous 1-2021-4041-6061-80 ... 181-189 next last

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.

Free Republic
Browse · Search
Bloggers & Personal
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794 is powered by software copyright 2000-2008 John Robinson