LEO DONOFRIO COMMENTS ON JUDAH BENJAMIN ARTICLE CONCERNING NATURAL BORN CITIZEN AND THE COMMON LAW

Leo Donofrio ^ | 12/1/08 | Leo Donofrio

[MHGinTN]

On November 28, 2008, Judah Benjamin published an article at the Texas Darlin blog which discussed my case and the natural born citizen issue. While I enjoyed reading this article, and I agree with the conclusion - that Obama is not eligible - I disagree with the basis upon which that conclusion was made.

(snip)...

There are two mistakes in his article which need to be addressed.

FIRST MISTAKE: Failure to state cited law was repealed.

Judah mentions the 1790 naturalization act as follows:

(snip) ...

SECOND MISTAKE: Failure to properly analyze common law.

Congress having repealed the”natural born provision” leads to the core problem in Mr. Benjamin’s analysis. Naturalization only concerns people who were, “at birth” not US citizens.

(snip)...

And it’s very important, especially in light of Justice Scalia’s very recent comments to the Federalist Society of November 22, 2008 wherein he said that the common law is dead and does not control in the USA:

“The common law is gone. The federal courts never applied the common law and even in the state courts it’s codified now.”

(snip)...

CONCLUSION

All in all, Mr. Benjamin has made a valiant attempt to provide a clear analysis of the natural born citizen topic. Please do not assume I am bashing him. I respect his passion and research, but it’s not entirely accurate. And considering what Scalia just said to the Federalist Society about the common law being gone (only three days after my case was scheduled for conference), it’s important to keep things in their proper historical perspective.

Leo C. Donofrio

[MHGinTN]

This is an important article. I have been forced to post it in ‘blogging’ since it is sourced at Wordpress. Please go to the linked site and read it all. Also, Scalia's linked presentation before the Federalist Society (comments to the Federalist Society of November 22, 2008) is telling, since it was made soon after Leo's case got recognition before the SCOTUS for conference, at least.

[stevestras]

Interesting stuff.

We have never, ever had a President with such an internationally divided loyalty. Yet, most Americans think he’s just some black kid that overcame a broken home.

[MHGinTN]

PING))))))

[MHGinTN]

ping-a-ling-a-ling

[MHGinTN]

ping

[LucyT]

Thanks, MHGinTN.

Ping.

[Jersey Republican Biker Chick]

Ping!

[MHGinTN]

PING))))))

[mplsconservative]

Thanks for the ping! :)

[hoe_cake]

“Yet, most Americans think he’s just some black kid that overcame a broken home.”

Reminds me:

“I was born a poor black child. I remember the days, sittin’ on the porch with my family, ... .” Steve Martin, THE JERK

[hoe_cake]

Lordy mercy, you’re everywhere! :`)

[Frantzie]

Leo is a good guy. He, Cort and others are really sticking their necks out to protect the Constitution. We should all call “conservative” radio talks show hosts and ask them why they are not talking about these cases.

[MHGinTN]

well, there are callers calling in--I have and was told by the screener that the topic is still off limits. But until the issue gets legs at the SCOTUS (which it has since Leo's case has been scheduled for full conference) the conservative radio show hosts are scared to death to talk about it and be branded the way we Freepers are being smeared at our own site!

One may be sure of one thing: this issue was not laid to rest prior to the election else the SCOTUS would not be conferencing Leo's pleading! The Obamatronic astroturfing goonsquad has been awakened and are all over the place semaring anyone questioning their fraudulent affirmative action candidate.

[Frantzie]

Bless you for having the guts too call in. “Off limits” - BS. I guess we already lost our First Amendment right.

The Left could say anything and everything about Bush - Chimpy Hitler and other childish nonsense without any concern yet those morons screamed “police state.”

[editor-surveyor]

We should all call “conservative” radio talks show hosts and ask them why they are not talking about these cases.

Naive!

They know that as soon as they start promoting the facts RE: Obama's noncitizenship, they are off the air. Even the great Rush would not survive for ten minutes if he broke the silence.

[MHGinTN]

The Scalia Federalist presentation is found HERE.

[MHGinTN]

Talk radio is still classed as ‘entertainment’. Sadly, the once vital fourth estate has transmogrified itself into the fifth column enemy of We The People, since the ‘press’ has so completely genuflected themselves before the societal engineering democrats.

[Velveeta]

bump

[MHGinTN]

Here is the actual video link.

[Iowan]

Many thanks, LucyT

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