[STARWISE]

My law suit was meant to return the election to the Constitution. It’s the Republican and Democratic parties that overturned the election stuffing two ineligible candidates down our throats with no regard whatsoever to the future precedent it would set.

The people are subservient to the Document and if we don’t keep it that way, we have plenty of historical examples throughout history detailing exactly what will happen to us if the Document is defeated.

*snip*

In conclusion, I would like to thank reader “John Boy” for pointing to Justice Scalia’s opinion in District of Columbia Et Al. v. Heller.

In that case, Justice Scalia took into consideration a certain historical legal reference:

The common references to those “fit to bear arms” in congressional discussions about the militia are matched by use of the same phrase in the few nonmilitary federal contexts where the concept would be relevant… Other legal sources frequently used “bear arms” in nonmilitary contexts.10

Now look at “footnote 10″:

E. de Vattel, The Law of Nations, or, Principles of the Law of Nature 144 (1792) (“Since custom has allowed persons of rank and gentlemen of the army to bear arms in time of peace, strict care should be taken that none but these should be allowed to wear swords”);

Since Justice Scalia cited to this legal textbook in March of 2008, it’s not outrageous to think he might also refer to “The Laws of Nations” on the natural born Citizen issue?

I’ll leave you now with the relevant textbook definition of natural born citizen. The following was published in 1758.

This definition, added to all of the above, certainly establishes a rational legal basis to hold that Barack Obama is not a natural born Citizen.

And more than that, it puts the burden on those who deny it to don the tin foil hat of despair and bring forthwith to the table of honest debate their own bed of authority to lie in:

§ 212. Citizens and natives.

The citizens are the members of the civil society; bound to this society by certain duties, and subject to its authority, they equally participate in its advantages. The natives, or natural-born citizens, are those born in the country, of parents who are citizens.

As the society cannot exist and perpetuate itself otherwise than by the children of the citizens, those children naturally follow the condition of their fathers, and succeed to all their rights. The society is supposed to desire this, in consequence of what it owes to its own preservation; and it is presumed, as matter of course, that each citizen, on entering into society, reserves to his children the right of becoming members of it.

The country of the fathers is therefore that of the children; and these become true citizens merely by their tacit consent. We shall soon see whether, on their coming to the years of discretion, they may renounce their right, and what they owe to the society in which they were born.

I say, that, in order to be of the country, it is necessary that a person be born of a father who is a citizen; for, if he is born there of a foreigner, it will be only the place of his birth, and not his country.

[STARWISE]

~~PING!

[LiteKeeper]

read later

[RatsDawg]

read later as well.

[Ernest_at_the_Beach]

Weren’t both of McCain’s parents US Citizens?

[TMSuchman]

Please let poke some holes in your theory;

1] Sen. McCain is a U.S. Cit-zen because he was born in a U.S. Military hospital in the U.S. controlled Panama Canal Zone. His father & mother were/are U.S. Cit zens and there fore is a “natural” born citzen.

2] And as distasteful as it seems Sen. Obama’s mother is/was a U.S. Citizen and under the 14th Amended of the Constitution is to be considered a Citizen. This is just IMHO.......

[tutstar]

gnip...

[Don Corleone]

This will be adjudicated, no matter how long it takes and no matter what the political and social pain

[Star Traveler]

It’s not going anywhere. The *absolute best* one could ever get out of the Supreme Court would be an affirmation that “indeed” one has to be a natural-born citizen of the United States and leave it up to Congress to specify how one enforces this.

The issue goes back to Congress and Congress mulls around for a few years figuring it out. By the time Obama has left office, Congress may have it down to pass some legislation about the methodology for enforcement... LOL..

In other words, it’s going nohwere.

Is it any wonder that Bush and his Administration wants nothing to do with this. McCain and his campaign wants nothing to do with this. Palin wants nothing to do with this. Cheney wants nothing to do with this. The Republican Party wants nothing to do with this. Of course, the Democrats want nothing to do with this and neither does Obama (LOL...). You can add a long list of other officials and media and “you-name-it”, along with a list of conservatives who want “nothing to do with this”....

[”Jim, he’s dead!”]

:-)

[stockpirate]

ping

[TheBigIf]

Thanks for posting this.

I absolutely agree with the position taken by Leo Donoforio in regards to the definition of “natural born citizen” in the Constitution.

If the Framers had wanted to say “anyone born on U.S. soil” then they would of said that but instead they used a term that was defined just as Leo said.

Those who want this issue to go away are simply showing a disregard for our Constitution, imo, simply because they feel like it is futile or are afraid of the unrest that this issue may cause.

[Grampa Dave]

IT’S NOT ABOUT OBAMA OR McCAIN - IT’S ABOUT WHO COMES NEXT. THEY SHOULD HAVE KNOWN THAT AND FALLEN ON THEIR PRESIDENTIAL SWORDS TO PROTECT THIS COUNTRY!

Now, Felipe de Jesus CALDERON Hinojosa & Schwarzenegger can run for US el presidente in 2112! They can run the pro Gay/Green Governator with the Presidente of Mexico for co el Presidentes of the 57 states.

With the voters in Mexico, South America, Canada, Europe, Iran and "new voters" in the Former USA, the Governator can be co presidente with the Mexican Presidente for life.

They will win by 200 million votes, and that settles that. No one will challenge either one including a lot of Freepers as they will fear riots if the constitution is considered. Just Move on to 2040.

[ccmay]

What flaming horse sh*t. If you’re a citizen at birth, you’re a natural born citizen. If you’re born to an American citizen, whether in Hawaii, Kenya or on the moon, you’re a citizen at birth. This clause is meant to prevent naturalized citizens from becoming president, not those born to American citizens abroad. Get a grip.

[mrsmith]

"The country of the fathers is therefore that of the children"

The author of this piece is basing his argument on the lack of passage of the "Equal Rights Amendment" by using the male- deliniated definitions used by the Founders. I have to admit it's a valid argument on it's face.

[savedbygrace]

The citizens are the members of the civil society; bound to this society by certain duties, and subject to its authority, they equally participate in its advantages. The natives, or natural-born citizens, are those born in the country, of parents who are citizens.

Bears repeating.

[BP2]

The following reference is by Emer de Vattel (April 25, 1714 - December 28, 1767). He was a Swiss philosopher, diplomat, and legal expert whose theories laid the foundation of modern international law and political philosophy. He is most famous for his 1758 work, "The Law of Nations or the Principles of Natural Law Applied to the Conduct and to the Affairs of Nations and of Sovereigns." This work was his claim to fame and won him enough prestige to be appointed as a councilor to the court of King Augustus III of Saxony.

From p. 183 of "The Law of Nations":

NOTE the words "born", "parents" and "citizens".

Hmmmm:

Alexander Hamilton

Alexander Hamilton was the key organizer of the movement to hold the Constitutional Convention, that wrote the U.S. Constitution. As the nations's first Secretary of the Treasury, he played a crucual role in shaping the policies that became known as the American System. Here we examine how his thinking was shaped by Emmerich de Vattel's work, "The Law of Nations."

Hamilton, Madison ... and I understand Justice Thomas uses Vattel to define Constitutional meaning.

And if the SCOTUS can use Emer de Vattel’s “The Law of Nations” to help define “Arms” in The Second Amendment, bottom of pg 17 in June 2008 ...

Vattel might be good enough to define "Natural Born Citizen."

[unspun]

IT’S NOT ABOUT OBAMA OR McCAIN - IT’S ABOUT WHO COMES NEXT. THEY SHOULD HAVE KNOWN THAT AND FALLEN ON THEIR PRESIDENTIAL SWORDS TO PROTECT THIS COUNTRY

God bless Mr. Donofrio, he may have a long, long lesson in how it is about Obama. I pray not.