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Supreme Court refused to hear the Donofrio case because he was a kook!
Self | 12/8/08 | Self

Posted on 12/08/2008 10:48:27 AM PST by Blood of Tyrants

First, Donofrio admits that Obama was born in Hawaii.

Second, he tortures the law and the Constitution to come up with the twisted interpretation that Obama wasn't a Naturally born citizen because Obama's FATHER was a British subject.

Third, if the Supreme Court HAD taken the case, then MILLIONS of people born inside the US with one or both parents not being US citizens would no longer be considered US citizens.

The Supreme Court isn't going to waste it's time on such stupidity.

Now, when someone actually appeals to the Supreme Court and questions the LOCATION of Obama's birth, THEN I believe the Supreme Court will hear it.


TOPICS: Conspiracy
KEYWORDS: birthcertificate; certifigate; donofrio; goodvanity; ignorantvanity; obama; supreme
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To: rwfromkansas
"it wouldn’t lead to McCain winning. Biden would just take over"

Once the EC votes are counted that is true. If Obama is disqualified before then, then nobody would receive a majority of the EC votes (barring enough faithless Electors all voting for someone else - who wouldn't even have to have been a candidate at all - and giving that person "a majority of the [538 Electoral] votes cast"). The election would then devolve to the House. Once in the House the choices are McCain who is the only other Constitutional (received EVs) choice, or to sit on their hands (making Biden Acting President). That latter choice, sitting on their hands, would be the destruction of the Rat party. Imagine trying to explain that one to your constituents.

51 posted on 12/08/2008 11:40:16 AM PST by calenel (The Democratic Party is a Criminal Enterprise. It is the Socialist Mafia.)
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To: mnehrling

His Mom was too young to confer citizenship.

Hmmm, but if Barry had been adopted by the elder Dunhams, then he’d be in the clear - I think.


52 posted on 12/08/2008 11:40:28 AM PST by Velveeta
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To: Velveeta
His mom was too young to confer citizenship if he was born outside the US and if her and Sr. where legally married and if she wasn't working for a government agency that sent her to Kenya.. Title 8 is a tangled mess. If he was born in the US, she did pass along citizenship (not to mention he has the 14th Amendment). If he was born in Kenya but his mother was not legally married, she may still have passed along citizenship. If he was born in Kenya and his mother was there as a government employee (such as working for a State school (she wasn't just pointing out how complicated it is) she would pass along citizenship.
53 posted on 12/08/2008 11:44:43 AM PST by mnehring
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To: Velveeta

Unless your parents were foreign diplomats, I believe you ARE a natural born citizen — but the court is never going to officially define it, so all we have to go on is what the term meant then. If you were born in a given country you were a “natural subject” of its king or other government.


54 posted on 12/08/2008 11:49:26 AM PST by kenboy
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To: WinOne4TheGipper
"Barack Obama: is a natural born citizen and IS ELIGIBLE."

How do you know he is a natural born citizen? He won't prove it, spending hundreds of thousands to protect the truth (which ever it is). He could resolve this by showing us his BC (or at least a convincing forgery), but refuses, leading to a credible doubt as to his eligibility. There is the claim that he was born in Kenya. If that is true then the Law says he is NOT a natural born citizen (citizen at birth). The document that he did produce has been discredited and it wasn't even the right one to begin with. A forgery of the wrong document.

55 posted on 12/08/2008 11:49:33 AM PST by calenel (The Democratic Party is a Criminal Enterprise. It is the Socialist Mafia.)
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To: Blood of Tyrants
it's donofrio v. wells not donofrio v. obama.
It was about Wells not doing her duty.

SCOTUS refused to hear it, without comment.
N.J. Scotus refused to review, without comment.
So, I'm guessing Judge Sabatino's ruling stands.
And that ruling gave a little wiggle room. "...inasmuch as any challenge to the election results can wait the completion of the election, and the electors will not convene at the Electoral College until December 15th....

With that said, I'm guessing (I know, alot of guessing)all these current legal actions re: Obama's birth are toast.
56 posted on 12/08/2008 11:50:47 AM PST by stylin19a ( Real Men don't declare unplayable lies)
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To: TribalPrincess2U
"REGARDLESS ... JUST SHOW US THE PROOF!"

Ding Ding Ding Ding Ding! We have a winner!

57 posted on 12/08/2008 11:51:57 AM PST by calenel (The Democratic Party is a Criminal Enterprise. It is the Socialist Mafia.)
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To: mnehrling

Oy, I’ve got a headache. ;-)

My understanding, growing up with the topic, was that at the time if only one parent was a citizen, it had to be the father, as only the father could confer citizenship.

Funny, this is bringing back all kinds of memories of grade school discussions. Growing up in an Eastern European neighborhood of Chicago, many of us were in the same predicament at the time. I remember a teacher singling out those of us who were not natural born and saying - you and you and you and you, you can not be president.

We all shrugged our shoulders at the time. Like I wanted to be president? No way, I was aiming for ballerina princess.


58 posted on 12/08/2008 11:53:39 AM PST by Velveeta
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To: kenboy

I’m going to be really ticked off if I could have run for president all along. ;-)


59 posted on 12/08/2008 11:55:07 AM PST by Velveeta
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To: WinOne4TheGipper; Blood of Tyrants; All
Except for the last paragraph, right on! I wish that we could maybe stop wasting time with all of these garbage lawsuits.

Agreed. These people are crackpots.

60 posted on 12/08/2008 11:55:20 AM PST by EveningStar
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To: ctdonath2

Chester Adams is a guard for the Chicago Bears. There has never been a president by that name.


61 posted on 12/08/2008 11:56:30 AM PST by elmer fudd (Fukoku kyohei)
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To: Velveeta
My understanding, growing up with the topic, was that at the time if only one parent was a citizen, it had to be the father,

I believe this changed in 53 which overturned the 1870 code that listed 'father' and changed it to 'parent'. The only exception I remember in Title 8 was for a child of 'single parentage' (ie parent's arent' married), thus, obviously, the mother is whom is listed.

62 posted on 12/08/2008 11:56:56 AM PST by mnehring
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To: Velveeta
"I was born in the US prior to my parents' naturalization."

Then you are a natural born citizen unless your parents were diplomats or members of a hostile occupying army (are you a La Raza baby?) Or, prior to 1924, a member of an Indian tribe subject to tribal law.

63 posted on 12/08/2008 11:57:45 AM PST by calenel (The Democratic Party is a Criminal Enterprise. It is the Socialist Mafia.)
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To: Velveeta

So are you saying that it didn’t matter that Obama’s mother was a citizen at his birth? I don’t buy that. Show me the law.


64 posted on 12/08/2008 11:58:37 AM PST by Blood of Tyrants (Obama is the Antichrist.)
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To: Velveeta
teacher singling out those of us who were not natural born and saying - you and you and you and you, you can not be president.

Recently I saw a lesson plan for a middle school online that erroneously said that only a person physically born in the US a natural born citizen with no exceptions listed for military personnel etc.

65 posted on 12/08/2008 11:58:48 AM PST by mnehring
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To: calenel; arrogantsob
Arthur. My bad.

Brain farts aside, the new understanding of his birth certificate vs. father's citizenship is posted here. Apparently he WAS born in the USA, but feared his father's citizenship would disqualify him for POTUS. Main point is that we've seen very nearly the same shenanigans before, which greatly enhances any hope to disqualify O.

66 posted on 12/08/2008 12:01:05 PM PST by ctdonath2 (I AM JOE THE PLUMBER!)
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To: stylin19a; Blood of Tyrants

another hits SCOTUS

http://www.freerepublic.com/focus/f-news/2145035/posts


67 posted on 12/08/2008 12:01:25 PM PST by stylin19a ( Real Men don't declare unplayable lies)
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To: Blood of Tyrants
So are you saying that it didn’t matter that Obama’s mother was a citizen at his birth? I don’t buy that. Show me the law.

There is a residency restriction if Obama was born outside the US under Title 8, subsection 1401.

§ 1401. Nationals and citizens of United States at birth

::snip::...a person born outside the geographical limits of the United States and its outlying possessions of parents one of whom is an alien, and the other a citizen of the United States who, prior to the birth of such person, was physically present in the United States or its outlying possessions for a period or periods totaling not less than five years, at least two of which were after attaining the age of fourteen years..

68 posted on 12/08/2008 12:02:18 PM PST by mnehring
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To: Blood of Tyrants

BINGO!! That;s what I gthought about him also! The WHOLE POINT is that Obama was born in Kenya!! Donofrio SABOTAGED his own case.....WHY? HMMMMMM.....


69 posted on 12/08/2008 12:02:23 PM PST by Ann Archy (Abortion.....The Human Sacrifice to the god of Convenience)
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To: elmer fudd

Typo. See #66.


70 posted on 12/08/2008 12:06:00 PM PST by ctdonath2 (I AM JOE THE PLUMBER!)
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To: mnehrling
"In Obama’s case, if he was born in Hawaii and his mother was a citizen, then he is a citizen, no preconditions."

This is true but incomplete. Anyone born in the US is a citizen except children of diplomats, hostile occupying armies, aliens in transit through US airspace or waters on their way between two non US destinations and prior to 1924, Indians subject to tribal Law. Everybody else is 'subject to the jurisdiction' of the United States, per the 14th Amendment and substantial SCOTUS rulings. The reason the mother citizenship qualification makes it true is that it precludes any of the listen exceptions.

71 posted on 12/08/2008 12:07:39 PM PST by calenel (The Democratic Party is a Criminal Enterprise. It is the Socialist Mafia.)
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To: Blood of Tyrants; All

Everyone,
Quick research request because it makes a difference. Does anyone know who Obama’s mother worked for when he was born?


72 posted on 12/08/2008 12:07:56 PM PST by mnehring
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To: calenel

True, I didn’t include any of the exceptions because they don’t remotely apply in this case.


73 posted on 12/08/2008 12:09:08 PM PST by mnehring
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To: Blood of Tyrants

I have to run, but I’ll be back later.

This is the law in effect at the time:

3. January 13, 1941 to December 23, 1952
If you were born between January 13, 1941 and December 23, 1952, you automatically acquired U.S. citizenship if both your parents were U.S. citizens and at least one had a prior residence in the United States. You didn’t have to do anything special to keep your U.S. citizenship.

If only one parent was a U.S. citizen, that parent must have lived in the United States for at least ten years prior to your birth, and at least five of those years must have been after your parent reached the age of 16. To keep your citizenship, you must have lived in the United States for at least two years between the ages of 14 and 28 (called a residence requirement). However, as a result of a U.S. Supreme Court decision, if you were born after October 9, 1952, your parent still had to fulfill the residence requirement in order to pass citizenship to you, but your own residence requirements for retaining U.S. citizenship were abolished. If your one U.S. citizen parent was your father and you were born outside of marriage, the same rules applied if your father legally legitimated you before your 21st birthday and you were unmarried at the time.

4. December 24, 1952 to November 13, 1986
If, at the time of your birth, both your parents were U.S. citizens and at least one had a prior residence in the United States, you automatically acquired U.S. citizenship with no conditions for retaining it.

If only one parent was a U.S. citizen at the time of your birth, that parent must have resided in the United States for at least ten years, at least five of which had to be after the age of 16. There are no conditions placed on retaining this type of citizenship. If your one U.S. citizen parent is your father and you were born outside of marriage, the same rules apply if your father legally legitimated you before your 21st birthday and you were unmarried at the time. If legitimation occurred after November 14, 1986, your father must have established paternity prior to your 18th birthday, either by acknowledgment or by court order, and must have stated in writing that he would support you financially until your 18th birthday.

http://immigration.findlaw.com/immigration/immigration-citizenship-naturalization/immigration-citizenship-naturalization-did-you-know(1).html


74 posted on 12/08/2008 12:10:24 PM PST by Velveeta
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To: Velveeta
at least five of which had to be after the age of 16

There is an exception to this, if the citizen parent works for a government agency, international organization or is in the military, the residency requirement is only two years. Thus the question posted above, who did his mom work for at the time.

http://www.law.cornell.edu/uscode/8/1401.html (See section g)

75 posted on 12/08/2008 12:13:07 PM PST by mnehring
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To: mnehrling

Probably no one since she was barely 18 when she gave birth to Obama.


76 posted on 12/08/2008 12:13:56 PM PST by Blood of Tyrants (Obama is the Antichrist.)
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To: Velveeta
"My understanding, growing up with the topic, was that at the time if only one parent was a citizen, it had to be the father, as only the father could confer citizenship."

All of the gender specific language was dropped over the course of evolution of this issue. The term 'citizen father or citizen mother' appears at least as far back as 1934. The 14th amendment contains no gender specific language. I think you're covered.

77 posted on 12/08/2008 12:17:16 PM PST by calenel (The Democratic Party is a Criminal Enterprise. It is the Socialist Mafia.)
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To: EveningStar
"These people are crackpots."

Not sure who you are calling a crackpot, but this:

1952 The Immigration and Nationality Act of June 27, 1952, 66 Stat. 163, 235, 8 U.S. Code Section 1401 (b). (Section 301 of the Act).

"Section 301. (a) The following shall be nationals and citizens of the United States at birth:

"(1) a person born in the United States, and subject to the jurisdiction thereof;

"(7) a person born outside the geographical limits of the United States and its outlying possessions of parents one of whom is an alien, and the other a citizen of the United States, who prior to the birth of such person, was physically present in the United States or its outlying possessions for a period or periods totaling not less than ten years, at least five of which were after attaining the age of fourteen years."

means that Obama should produce his BC and prove he was born in the US.

78 posted on 12/08/2008 12:23:56 PM PST by calenel (The Democratic Party is a Criminal Enterprise. It is the Socialist Mafia.)
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To: ctdonath2

Wasn’t Chester Adams the creator of Dick Tracy?

I do not see that case as helping any effort against Obama but hurting it.


79 posted on 12/08/2008 12:24:21 PM PST by arrogantsob (Hero vs Zero)
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To: Ann Archy
"The WHOLE POINT is that Obama was born in Kenya!"

Exactly right. I predicted that Donofrio's and Berg's cases would fail and was thoroughly abused by some for it. I had hoped that there would be some indication of a more viable approach to come out of it, but I am not surprised at "no comment."

80 posted on 12/08/2008 12:30:27 PM PST by calenel (The Democratic Party is a Criminal Enterprise. It is the Socialist Mafia.)
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To: mnehrling
"because they don’t remotely apply in this case"

Agreed, but at least now they're covered.

81 posted on 12/08/2008 12:32:35 PM PST by calenel (The Democratic Party is a Criminal Enterprise. It is the Socialist Mafia.)
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To: calenel
I predicted

How about the Wednesday Lotto numbers? We won't flame you if you're right!

82 posted on 12/08/2008 12:33:39 PM PST by Revolting cat! (Everytime they open their mouth they shoot themselves in the foot.)
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To: Blood of Tyrants
Damn right, everybody's a kook except ME!!!
83 posted on 12/08/2008 12:34:31 PM PST by Revolting cat! (Everytime they open their mouth they shoot themselves in the foot.)
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To: Blood of Tyrants

Third, if the Supreme Court HAD taken the case, then MILLIONS of people born inside the US with one or both parents not being US citizens would no longer be considered US citizens.
***No, they would be naturalized citizens rather than natural born citizens. The supreme court could have ruled on the case and said that the Secretary of State didn’t do her job, and that the definition of a natural born citizen is.... and that would have settled the whole thing.


84 posted on 12/08/2008 12:35:58 PM PST by Kevmo (Palin/Hunter 2012)
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To: Blood of Tyrants
"Probably no one since she was barely 18 when she gave birth to Obama."

18 years, 8 months, 6 days. I agree that she probably didn't work for the government at that time. It has been reported that she was a college student, which is where she met BHO Sr.

85 posted on 12/08/2008 12:36:59 PM PST by calenel (The Democratic Party is a Criminal Enterprise. It is the Socialist Mafia.)
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To: Revolting cat!
"How about the Wednesday Lotto numbers? We won't flame you if you're right!"

What makes you think I want to share?

86 posted on 12/08/2008 12:40:37 PM PST by calenel (The Democratic Party is a Criminal Enterprise. It is the Socialist Mafia.)
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To: Blood of Tyrants
Read and learn something about constitutional law.

You are fighting on the right side "FRiend."

87 posted on 12/08/2008 2:55:13 PM PST by unspun (PRAY & WORK FOR FREEDOM - investigatingobama.blogspot.com)
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To: Blood of Tyrants
Third, if the Supreme Court HAD taken the case, then MILLIONS of people born inside the US with one or both parents not being US citizens would no longer be considered US citizens.

That's completely idiotic.

The Donofrio case would not have affected anyone's citizenship. All it would effect is to clarify who is eligible to be president.

88 posted on 12/08/2008 2:55:33 PM PST by fightinJAG (I love the Constitution.)
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To: calenel
Good greif, are you on that kick again? We are talking about Constitutional law here, not statutory law regarding people who are not presidential candidates.

Read and learn something about constitutional law and what the framers meant by "natural born Citizen."

89 posted on 12/08/2008 2:57:49 PM PST by unspun (PRAY & WORK FOR FREEDOM - investigatingobama.blogspot.com)
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To: unspun
Today the governor of Illinois was on TV and quoting a law and to me hearing the law doesn’t mean much if they let Ahab the Arab in office.
90 posted on 12/08/2008 2:59:02 PM PST by jarofants (Obama wants to bailout Kenya and other nations.)
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To: unspun; Blood of Tyrants
You are fighting on the right side "FRiend."

Sorry, I meant you are fighting on the wrong side.

91 posted on 12/08/2008 3:02:21 PM PST by unspun (PRAY & WORK FOR FREEDOM - investigatingobama.blogspot.com)
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To: Blood of Tyrants
I knew that arguments based on his purported father's citizenship were doomed to fail, the language that mentioned "father" is archaic. Even without the Equal Rights Amendment, the SCOTUS has a history of striking out gender from laws.

Some thirty or forty years ago, they ruled that a tax break for a qualifying widow (who had dependent children) that allowed her to file at joint tax rates for two years also applied to similarly qualifying widowers. The fact that Obama's mother was a US citizen was plenty for them to dismiss this case.

Now, can we all take off the tinfoil hats and figure out how to fight this assclown's policies and initiatives?

92 posted on 12/08/2008 3:17:01 PM PST by hunter112 (We seem to be on an excrement river in a Native American watercraft without a propulsion device.)
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To: unspun
"Good greif, are you on that kick again?"

Good grief, are you on that kick again? You are still wrong. There is no 'born a citizen but not a natural born citizen' class of US citizen and no amount of wishing and hoping will make it so. There is no basis in US Law or the COTUS to support that idea. Donofrio's suit is garbage. Arguments based on Blackstone, St. George Tucker, Vettel, Natural Law, British Common Law and the like might have validity if there weren't an existing body of US Law and SCOTUS rulings that supersede any contrived 'original intent' argument you might try to make. Get over it.

93 posted on 12/08/2008 3:31:48 PM PST by calenel (The Democratic Party is a Criminal Enterprise. It is the Socialist Mafia.)
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To: mnehrling
"totaling not less than five years, at least two of which were after attaining the age of fourteen years"

That is the 1986 statute. The 1952 statute that would have applied to Obama read "ten years, at least five".

94 posted on 12/08/2008 3:35:11 PM PST by calenel (The Democratic Party is a Criminal Enterprise. It is the Socialist Mafia.)
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To: Blood of Tyrants

Sadly, this stillborn horse continues to get beaten by the constitutional scholars here that have so much more insight into constitutional matters than even SCOTUS justices.


95 posted on 12/08/2008 3:38:13 PM PST by DaGman
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To: hunter112
"The fact that Obama's mother was a US citizen was plenty for them to dismiss this case."

To dismiss the case, yes, since it was based on a fallacious premise. But insufficient to establish Obama as a citizen at birth. His mother failed some residency requirements (not gender based) if he was born overseas due to her age.

96 posted on 12/08/2008 3:40:09 PM PST by calenel (The Democratic Party is a Criminal Enterprise. It is the Socialist Mafia.)
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To: calenel
Yes, IF he was born overseas. I don't think someone planned way back in 1961 to plant newspaper announcements on the chance that he'd run for president.

I do think that these cases expose the fact that we've been essentially depending on the good honor of the major party nominees to be qualified to run. Even if the SCOTUS took one case, they could establish a precident on an issue that has never come before that Court.

Otherwise, say hello to President Schwartzenegger in 2012, 2016, or 2020.

97 posted on 12/08/2008 4:06:01 PM PST by hunter112 (We seem to be on an excrement river in a Native American watercraft without a propulsion device.)
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To: calenel

As Donofrio has shown, absolutely no SCOTUS rulings have changed the constitutional meaning of “natural born Citizen.”

Your arguments are a liberal’s “living and breathing Constitution” arguments (or they are factually wrong).


98 posted on 12/08/2008 4:11:19 PM PST by unspun (PRAY & WORK FOR FREEDOM - investigatingobama.blogspot.com)
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To: unspun
"Your arguments are a liberal’s “living and breathing Constitution” arguments (or they are factually wrong)."

I am not the one trying to create new meanings here. I notice that you tend to call people that disagree with you names, like "liberal," instead of actually attempting to persuade them with reasoned arguments. Perhaps you should go back over your own posts and count up all the times you have resorted to name calling when you lost an argument and meditate on it.

99 posted on 12/08/2008 4:24:53 PM PST by calenel (The Democratic Party is a Criminal Enterprise. It is the Socialist Mafia.)
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To: hunter112
"Yes, IF he was born overseas."

Yes, IF. Why doesn't he show us? The longer it goes on, the less absurd the question is.

"I don't think someone planned way back in 1961 to plant newspaper announcements on the chance that he'd run for president."

I don't think that either, but what I do think is that such an announcement might have been made regardless of where the birth occurred. It is not uncommon for notices to appear in the 'hometown' paper for a birth that has occurred elsewhere, solely for the benefit of family or even friends still in the area. Happened with my own kids. So I don't consider that announcement conclusive, any more than I consider Obama's grandmother's assertion that she attended his birth in Kenya conclusive. There is just too much contradictory evidence to leave this unanswered when the answer is so easy for Obama provide.

100 posted on 12/08/2008 4:42:07 PM PST by calenel (The Democratic Party is a Criminal Enterprise. It is the Socialist Mafia.)
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