Skip to comments.Supreme Court refused to hear the Donofrio case because he was a kook!
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.
Chester Adams is a guard for the Chicago Bears. There has never been a president by that name.
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.
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.
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.
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.
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.
another hits SCOTUS
There is a residency restriction if Obama was born outside the US under Title 8, subsection 1401.
::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..
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.....
Typo. See #66.
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.
Quick research request because it makes a difference. Does anyone know who Obama’s mother worked for when he was born?
True, I didn’t include any of the exceptions because they don’t remotely apply in this case.
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.
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)
Probably no one since she was barely 18 when she gave birth to Obama.
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.
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.
Wasn’t Chester Adams the creator of Dick Tracy?
I do not see that case as helping any effort against Obama but hurting it.
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."
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