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Obama - Maybe a Citizen of the United States But Not a Natural Born Citizen
http://puzo1.blogspot.com/2010/03/obama-maybe-citizen-of-united-states.html ^ | March 4,2010 | Mario Apuzzo

Posted on 03/05/2010 4:25:45 AM PST by Spaulding

The question which has gripped our Constitutional Republic is whether putative President, Barack Obama, is eligible to be President and Commander in Chief of the Military. Article II, Section 1, Clause 5 of our Constitution provides that: “No Person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President; neither shall any person be eligible to that Office who shall not have attained to the Age of thirty five Years, and been fourteen Years a Resident within the United States.” Despite the fact that Article II itself, and when read together with Articles I, III, IV and Amendments Eleven, Fourteen, Fifteen, Nineteen, Twenty-Four, and Twenty-Six, clearly makes a distinction between a “Citizen of the United States” and a “natural born Citizen,” when it comes to deciding whether Obama is eligible to be President under Article II, many incorrectly interpret a “Citizen of the United States ” to be the same thing as a “natural born Citizen.” With these two clauses not having the same meaning, the proper eligibility question is not whether Obama is a “Citizen of the United States.” Rather, the correct inquiry is whether Obama is a “natural born Citizen.”

Most probably recognize that United States citizens are created either at birth or at the moment of naturalization. The former is a native (using that term in its modern sense and not in the sense that the Founders used it) and the latter is not. Most probably also recognize that a naturalized citizen is not eligible to be President. But what many fail to recognize is that the event of birth has two natural elements which always have and always will be present in every birth: (1) the place where one was born and (2) the two parents who procreated the child. Hence, some also fail to understand that there are two types of born citizens, one being a born "Citizen of the United States" and the other being a "natural born Citizen." Under current law, a born "Citizen of the United States" is one granted that status under the 14th Amendment or Congressional Act (e.g. Title 8 Section 1401), both of which consider either (1) being born on United States soil or (2) being born to at least one United States citizen parent sufficient conditions for being granted the status of a born "Citizen of the United States." Never in our history has the United States Supreme Court or the Congress ever required that one needs to satisfy both of these conditions in order to be a “citizen of the United States.” But as to a “natural born Citizen,” we have a different story.

To understand what an Article II “natural born Citizen” is, we have to revert to the Founding era to determine what the Founders and Framers intended that clause to mean. In analyzing what meaning the Framer’s gave to the “natural born Citizen” clause, we must remember that they wrote the Constitution in the historical context of having won a Revolution and in having to constitute a new society. They were inspired by and found justification in the political philosophy of natural law and the law of nations and not that of the English common law in going forward with that Revolution and they relied on that same law when defining national citizenship. Article II, Section 1, Clause 5 of the Constitution grandfathered all persons to be eligible to be President who were “Citizens of the United States” at the time the Constitution was adopted. These persons would have been adults who were born in the colonies, children born in the new states, or adults inhabiting or naturalized under the naturalization laws in either place, at the time that the Constitution was adopted, provided they all adhered to the American Revolution. Justice Gray in United States v. Wong Kim Ark, 169 U.S. 649 (1898) explained that under English common law that prevailed in the colonies these original citizens included persons who were born in the colonies or new states to alien parents. These original citizens, whether born in the country or out of it, were all naturalized to be “citizens of the United States” by simply adhering to the American Revolution. The Founders in Article II grandfathered these “citizens of the United States” to be eligible to be President, provided that they were such at the time of the adoption of the Constitution which we know occurred on September 17, 1787. The grandfather clause is obsolete today.

The Founders themselves, being born prior to independence were subjects of the British Crown and to other foreign sovereigns but adhering to the American Revolution became part of the first “citizens of the United States.” All being born in the colonies before the Declaration of Independence was adopted in 1776 to British parents, the first seven Presidents were born subjects of Great Britain (born subject to a foreign power) and therefore needed the grandfather clause to make them eligible to be President. Andrew Jackson, the seventh President, born on March 15, 1767, was the last President who could utilize the grandfather clause to make him eligible to be President. Justice Story observed in his Commentaries on the Constitution of the United States that for the Framers to allow naturalized citizens (who like them were born subject to a foreign power and as we shall see below not “natural born Citizens”) to be eligible to be President was an exception to “the great fundamental policy of all governments, to exclude foreign influence from their executive councils and duties.” III J. Story, Commentaries on the Constitution of the United States Sec. 1473 (1833). Being born on December 5, 1782, on United States soil (in New York and therefore not born on foreign soil) to parents who had also become “citizens of the United States” by election to be loyal to the American Revolution (not born to foreign parents), Martin Van Buren, the eighth President (his mother was of Dutch ancestry and his great-great-great-great-grandfather Cornelis had come to the New World in 1631 from the Netherlands) was the first United States President not born a British or other foreign subject (not subject to a foreign power by being born either on foreign soil or to a foreign parent) who was born a “natural born Citizen” and who therefore did not need the grandfather clause to make him eligible to be President. The New Netherland Institute describes Van Buren’s family history as follows: “In fact, although they were fifth generation Dutch, all of their forebears were of Dutch extraction. The original Van Buren had come over in the 1640's during the Van Rensselaer era when all of Columbia County was part of the Rensselaer Estate. And the original immigrant forbear probably came over sponsored by Killian Van Rensselaer, among many other immigrants, to occupy the Rensselaer estate. As a result Martin Van Buren was pure Dutch, and still spoke Dutch, the language that prevailed for many generations in that part of New York State along the Hudson River.” http://www.nnp.org/nni/Publications/Dutch-American/buren.html. It has been said that Van Buren is the first President born under the American flag.

On the other hand, for children born after the adoption of the Constitution in 1787, the same Article II, Section 1, Clause 5 provides, among other things, that only a "natural born Citizen" is eligible to be President. An Article II "natural born Citizen" is one granted that special status under American common law that has its origins in natural law and the law of nations. With citizenship being a matter of status having international implications, the Framers would have expected its definition to be supplied by public law or the law of nations and not by any municipal or English common law, which the States continued to use to resolve their local problems concerning contracts, torts, property, inheritance, criminal procedure, etc. Under the law of nations, to be a "natural born Citizen," the child needed to be born in the United States (or what may be deemed its equivalent) to two citizen parents. This definition of a “natural born Citizen” is found in and has been confirmed by the following United States Supreme Court cases and other authorities:

1. Samuel von Pufendorf, The Whole Duty of Man According to the Laws of Nature (William Tooke trans., Ian Hunter & David Saunders, eds., Liberty Fund 2003, Book II, Chapter 6 (1691): “Citizens are either Originally so; that is, such as are born in the Place, and upon that Account claim their Privileges; Or else, Adscititious; that is, such as come from Foreign Parts. Of the first Sort, are either those who at first were present and concerned in the forming of the said Society, or their Descendants, who we call Indigenes, or Natives.”

2. Emer de Vattel, The Law of Nations, or Principles of the Laws of Nature, Applied to the Conduct and Affairs of Nations and Sovereigns, bk. 1, c. 19, sec. 212 (original French in 1758 and first English in 1759): “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 indigenes, are those born in the country of parents who are citizens”. In the 1797 English edition, the translator replaced the word “indigenes” with “natural-born citizens.” Hence, it read: “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.” Hence, while the definition of a natural born citizen never changed in Vattel’s texts, the term to express it was changed from “indigenes” to “natural-born citizens.”

With many of the Founders being proficient in Latin, Greek, and French, they probably obtained the clause “natural born citizen” and its synonym, “native,” from ancient Latin text which was also translated into English rather than from simply copying the clause “natural born subject” from the English common law and substituting the word “citizen” for “subject.” That ancient text was found in Institutio Oratoria, by Marcus Fabius Quintilianus (or Quintilian), published in Latin in the first century A.D. The Framers were well read in the Roman and Greek classics. Jefferson and other Founders had a love for Roman history and education. From the excellent research conducted by John Greschak, we learn the following: “In 1774, the phrase natural born citizen was used in an English translation (from the Latin) of the book Institutio Oratoria, by Marcus Fabius Quintilianus (published in the first century A.D.); this was done in Chapter I of Book VIII. The phrase is found in the Latin text: Quare, si fieri, potest et verba omnia et vox huius alumnum urbis oleant, ut oratio Romana plane videatur, non civitate donata. Quintilianus, Institutio Oratoria, Book 1, Chapter VIII. There have been at least five different English translations of this work and this sentence. The first was by Guthrie in 1756. Since then, there have been translations by Patsall (1774), Watson (1856), Butler (1920-2) and Russell (2001).” http://www.greschak.com/essays/natborn/index.htm. Greschak found that Guthrie in 1756 used the word “native” when translating Quintilianus’ reference to that Roman citizen who because of birth and family upbringing was expected to be most able to speak the pure Roman language. In referring to the same type of citizen, Patsall in 1774 translated the same sentence as: “Therefore, if possible, every word and the very tone of voice, should bespeak the natural born citizen of Rome, that the language may be purely Roman, and not so by a right different from birth and education” (emphasis supplied). Greschak states: “I do not claim that this is the first use of the phrase natural born citizen, but it is the earliest use of which I am aware.” Id. “Alumnum” means "nourished, brought up; reared/fostered by; native, brought up locally." (Latin-English Dictionary 1.97FC). “Urbis” means city. Parentage, education, and upbringing made an “alumnum urbis oleant.” Just being born in the city was not sufficient to meet the definition of the phrase. It was both birth in the locality and parental and institutional rearing and education from birth that produced the “natural born citizen.”

Hence, Quintilianus’ work which was translated from the Latin to the English provided the clause “natural born citizen” and the word “native” and the translators used the words interchangeably to mean the same thing. This fluctuation in translation explains why the Founders, too, used the words “native” and “natural born Citizen” synonymously.

Quintilianus also provides an explanation of how the Framers translated Vattel by taking his French words of “Les naturels, ou indigenes” or the same words translated into English as “natives or indigenes” and translated or converted them into “natural born Citizen” which is what they wrote into Article II. Being able to read and understand the definitions that Vattel gave to the clause “Les naturels, ou indigenes” (in French) and “The natives or indigenes” (in English), they realized that Vattel’s clauses as written in either French or English were the equivalent to “native” or “natural born citizen” with which they were familiar from having found the clauses in ancient Latin text or its English translations that we saw above. The Founders would have been familiar with both “natural born citizen” and “native” from having seen the two expressions in these various English translations of the ancient Latin text. These English translations took the Latin clause “alumnum urbis oleant” and translated it into either “native” or “natural born citizen.” Hence, it appears that the English translators believed that either “native” or “natural born citizen” captured the meaning of “alumnum urbis oleant.” The Framers, applying their study and knowledge of natural law, would have equated Vattel’s description of “Les naturals, ou indigenes” or “the natives or indigenes” found in Section 212, which was a citizen of true origin and therefore of the highest order with what Quintilanus called “alumnum orbis oleant,” also considered by him to be a citizen of true Roman origin and of the highest order. In fact, during the constitutional debates the Framers also used both “natural born citizen” and “native” interchangeably, just as the English translators of the Latin term “alumnum orbis oleant” did. It would be highly coincidental that both the English translators of Quintilianus’ Latin text and the Founders would have been using those two clauses interchangeably unless they were referring to the same concept, “alumnum orbis oleant.” We know that the Framers chose “natural born Citizen” rather than “native.” They then applied Vattel’s definitions to the “natural born citizen” clause that they selected. It is also significant that the English translator of the 1797 English edition used “the natives, or natural-born citizens” in the place of “the natives, or indigenes.” In making this change, this translator probably knew that the Founders used “natives” or “natural born Citizens” to represent the citizens of the highest order and whom Vattel called “Les naturels, ou indigenes,” or what had been to date translated as “the natives, or indigenes.”

3. The Venus, 12 U.S. (8 Cranch) 253, 289 (1814): Chief Justice John Marshall, concurring and dissenting for other reasons, said: “Vattel, who, though not very full to this point, is more explicit and more satisfactory on it than any other whose work has fallen into my hands, says ‘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 indigenes are those born in the country of parents who are citizens. Society not being able to subsist and to perpetuate itself but by the children of the citizens, those children naturally follow the condition of their fathers, and succeed to all their rights.’”

4. Shanks v. Dupont, 28 U.S. 242, 245 (1830): “If she was not of age, then she might well be deemed under the circumstances of this case to hold the citizenship of her father, for children born in a country, continuing while under age in the family of the father, partake of his national character as a citizen of that country.”

5. Dred Scott v. Sandford, 60 U.S. 393 (1857): Justice Daniels concurring, cited and quoted from Vattel and The Law of Nations thus: “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 society cannot perpetuate itself otherwise than by the children of the citizens, those children naturally follow the condition of their parents, and succeed to all their rights.” Again: I say, to be of the country, it is necessary to be born of a person who is a citizen; for if he be born there of a foreigner, it will be only the place of his birth, and not his country. . . .” It should be noted that Justice Daniel took out of Vattel’s definition the reference to “fathers” and “father” and replaced it with “parents” and “person,” respectively.

6. Rep. John Bingham, in the House on March 9, 1866, in commenting on the Civil Rights Act of 1866 which was the precursor to the Fourteenth Amendment: "[I] find no fault with the introductory clause [S 61 Bill], which is simply declaratory of what is written in the Constitution, that every human being born within the jurisdiction of the United States of parents not owing allegiance to any foreign sovereignty is, in the language of your Constitution itself, a natural born citizen. . . . ” Cong. Globe, 39th, 1st Session, 1291 (1866).

7. Slaughter-House Cases, 83 U.S. 36, 21 L.Ed. 394, 16 Wall. 36 (1872): In explaining the meaning of the Fourteenth Amendment clause, “subject to the jurisdiction thereof,” said that the clause “was intended to exclude from its operation children of ministers, consuls, and citizens or subjects of foreign States born within the United States.”

8. Minor v. Happersett, 88 U.S. 162, 167-68 (1875): “The Constitution does not in words say who shall be natural-born citizens. Resort must be had elsewhere to ascertain that. At common law, with the nomenclature of which the framers of the Constitution were familiar, it was never doubted that all children born in a country of parents who were its citizens became themselves, upon their birth, citizens also. These were natives or natural-born citizens, as distinguished from aliens or foreigners. Some authorities go further and include as citizens children born within the jurisdiction without reference to the citizenship of their parents. As to this class there have been doubts, but never as to the first. For the purposes of this case, it is not necessary to solve these doubts. It is sufficient, for everything we have now to consider, that all children, born of citizen parents within the jurisdiction, are themselves citizens.” Id., 169 U.S. at 679-80. Minor did not cite Vattel but as can be seen the Court’s definition of a “citizen” and a “natural born Citizen” are take directly out of Vattel’s Section 212.

9. Ex parte Reynolds, 20 F.Cas. 582, 5 Dill. 394, No. 11,719 (C.C.W.D.Ark 1879): “[T]he offspring of free persons…follows the condition of the father, and the rule partus sequitur patrem prevails in determining their status. 1 Bouv. Inst., 198, § 502; 31 Barb. 486; 2 Bouv. Law Dict. 147; Shanks v. Dupont, 3 Pet. [28 U.S.] 242. This is the universal maxim of the common law with regard to freemen -- as old as the common law, or even as the Roman civil law… No other rules than the ones above enumerated ever did prevail in this or any other civilized country. In the case of Ludlam v. Ludlam, 31 Barb. 486, the court says: ‘The universal maxim of [**17] the common law being partus sequitur patrem, it is sufficient for the application of this doctrine that the father should be a subject lawfully, and without breach of his allegiance beyond sea, no matter what may be the condition of the mother.’ The law of nations, which becomes, when applicable to an existing condition of affairs in a country, a part of the common law of that country, declares the same rule. Vattel, in his Law of Nations (page 101), says: ‘As the society cannot exist and perpetuate itself otherwise than by the children of the citizens, these children naturally follow the condition of their fathers and succeed to their rights. * * * The country of the father is, therefore, that of the children, and these become true citizens merely by their tacit consent.’ Again, on page 102, Vattel says: ‘By the law of nature alone, children follow the condition of their fathers and enter into all their rights.’ This law of nature, as far as it has become a part of the common law, in the absence of any positive enactment on the subject, must be the rule in this case.”

10. Elk v. Wilkins, 112 U.S. 94 (1884): “The main object of the opening sentence of the fourteenth amendment was to settle the question, upon which there had been a difference of opinion throughout the country and in this court, as to the citizenship of free negroes, (Scott v. Sandford, 19 How. 393;) and to put it beyond doubt that all persons, white or black, and whether formerly slaves or not, born or naturalized in the United States, and owing no allegiance to any alien power, should be citizens of the United States and of the state in which they reside. Slaughter-House Cases, 16 Wall. 36, 73; Strauder v. West Virginia, 100 U. S. 303, 306… [S]ubject to the jurisdiction thereof… is, not merely subject in some respect or degree to the jurisdiction of the United States, but completely subject to their political jurisdiction, and owing them direct and immediate allegiance…. Persons not thus subject to the jurisdiction of the United States at the time of birth cannot become so afterwards, except by being naturalized… Indians born within the territorial limits of the United States, members of, and owing immediate allegiance to, one of the Indian tribes, (an alien though dependent power,) although in a geographical sense born in the United States, are no more 'born in the United States and subject to the jurisdiction thereof,' within the meaning of the first section of the fourteenth amendment, than the children of subjects of any foreign government born within the domain of that government, or the children born within the United States, of ambassadors or other public ministers of foreign nations…. To be a citizen of the United States is a political privilege which no one, not born to, can assume without its consent in some form.”

11. United States v. Ward, 42 F.320 (C.C.S.D.Cal. 1890) (same definition and cites Vattel); “At common law, with the nomenclature of which the framers of the Constitution were familiar, it was never doubted that all children, born in a country of parents who were its citizens, became themselves, upon their birth, citizens also. These were natives, or natural-born citizens, as distinguished from aliens or foreigners.”

12. U.S. v. Wong Kim Ark, 169 U.S. 649 (1898): It quoted the same definition of “natural born Citizen” as did Minor v. Happersett. It declared under the Fourteenth Amendment a child born on United States soil to alien parents who were domiciled and legally residing in the United States and therefore subject to the jurisdiction of the United States a “citizen of the United States,” It did not find him an Article II “natural born Citizen.” Chief Justice Fuller in his dissent said that he would not have found Wong to be a “citizen of the United States” because his parents were not citizens. He also confirmed Vattel’s definition of a “natural born Citizen.”

The two citizen-parent requirement (not only just one parent) comes from the definition of a “natural born Citizen” referring to the child’s parents in the plural. It also comes from the common law that provided that a woman upon marriage took the citizenship of her husband. Both parents must also be citizens in order for the child not to be born subject to any foreign power and therefore with any other conflicting allegiance or loyalty. Hence, given the Framers’ use of the “natural born Citizen” clause, they required a would-be President to have both (1) birth on United States soil (or its equivalent) and (2) birth to two United States citizen parents as necessary conditions of being granted that special status. Given the necessary conditions that must be satisfied to be granted the status, all "natural born Citizens" are "Citizens of the United States" but not all "Citizens of the United States" are "natural born Citizens."

It is telling that of all the positions and offices the Framers provided for in the Constitution, only that of the President and Commander in Chief of the Military (and also the Vice President under the Twelfth Amendment) may be occupied only by a “natural born Citizen.” They therefore believed that this singular and all-powerful office was more vulnerable to foreign influence than any other and they thereby sought to give it the most protection that they could. Minor said that there were doubts whether the children born in the United States to alien parents were “citizens.” The Minor decision was decided in 1875 or 87 years after the Constitution was adopted and as Justice Waite explained in that decision our nation still had doubts on whether children born in the United States to alien parents were even citizens. If the Court had doubts about whether these children were “citizens,” it surely had doubts whether they were “natural born Citizens.” We cannot reasonably imagine that the Framers would have used a standard for a person to meet in order to be eligible to be President and Commander in Chief of the Military which would have created doubts as to its meaning and which would therefore have put at risk the security and integrity of that critically important office. Surely, they would have relied on a definition that created no doubt which Minor explained was one that included that both the child be born in the country (or its equivalent) to citizen parents. Indeed, as Minor explained, such a standard created no doubt. It was through the “natural born Citizen” clause that the Framers sought to accomplish the goal of protecting the Office of President and Commander in Chief of the Military from foreign influence and of providing a definition of national citizenship which the nation would have no difficulty to understand.

Because “natural born Citizen” status requires unity of citizenship and allegiance, conditions which descend naturally to the child at the time of birth from the two events of birth in the United States and birth to United States citizen parents, this status provides a would-be President with the greatest degree of loyalty and allegiance to the United States, a quality that the Framers expected all Presidents and Chief Military Commanders born after the adoption of the Constitution to have. It is this high degree of loyalty and allegiance to the United States in a President and Military Commander in Chief of the Military that provides the nation and each of its citizens and residents with both the greatest confidence in the person holding that highest civil and military office and the greatest protection from enemies both foreign and domestic, or what John Jay in his letter of July 25, 1787, to then General Washington called “a strong check” on foreign influence invading our government. Wisdom shows that there is no sound national security or public policy reason why a Constitutional Republic such as the United States should demand anything less from a person who would aspire to the singular and all-powerful office of President and Commander in Chief of the Military.

Because Obama was born 173 years after the Constitution was adopted, he cannot take advantage of Article II’s now obsolete grandfather clause which would have allowed him to be eligible to be President if he could conclusively prove that he was a “citizen of the United States” (by conclusively proving he was born in Hawaii). Since he cannot utilize the grandfather clause, he must conclusively prove he is a “natural born Citizen” to be eligible to be President. But Obama’s birth circumstances show that, even if he were born in Hawaii as he claims, he cannot satisfy his constitutional obligation under Article II. Obama’s father, being born in the then-British colony of Kenya, was under the British Nationality Act 1948 a British subject/citizen and not a United States Citizen when Obama was born in 1961. Being here only temporarily on a student visa, he was not domiciled or permanently residing in the United States. Obama himself in 1961 by descent from his father was also born a British subject/citizen under that same 1948 Act. If Obama was born in Hawaii (a fact which he has yet to conclusively prove by presenting a contemporaneous birth certificate created in 1961 when he was born and not a Certification of Live Birth created in 2007 and posted on the internet in 2008), which would make him a dual citizen from birth of the United States and Great Britain, he could qualify as a “Citizen of the United States” under a liberal and questionable interpretation of the Fourteenth Amendment. But because his father was not a United States citizen when Obama was born, he was born subject to a foreign power which he inherited from his father. Being born subject to a foreign power like a naturalized citizen, he is not an Article II “natural born Citizen” and therefore is not eligible to be President and Commander in Chief of the Military of the United States.

Mario Apuzzo, Esq.


TOPICS: Government; History; Politics
KEYWORDS: apuzzo; artbell; awgeez; birthcertificate; certifigate; colb; constitution; eligibility; federalcourt; kenya; naturalborn; naturalborncitizen; obama; scotus; tinfoilhat
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To: tired_old_conservative

Don’t let then know we’re on to them. Use the codebook.

The raven may sing at midnight, but tapioca is a better thickening starch.


61 posted on 03/05/2010 3:50:35 PM PST by El Sordo (The bigger the government, the smaller the citizen.)
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To: tired_old_conservative
So it’s fishing and disruption for them.

I thought that's what Orly does when she goes to court.

62 posted on 03/05/2010 5:17:09 PM PST by lucysmom
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To: El Sordo

Hey, when I was in the BGOTE, I found their manual override password phrase. It helps you unlock and understand ALL their evidence. Every single bit!

Circulus in demonstrando.

parsy, who barely made it back out......


63 posted on 03/05/2010 5:30:42 PM PST by parsifal (Abatis: Rubbish in front of a fort, to prevent the rubbish outside from molesting the rubbish inside)
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To: lucysmom

No, its what I’m doing when I ask them to translate their stuff into English.

parsy, who is back out to the net to research for a while....


64 posted on 03/05/2010 5:32:59 PM PST by parsifal (Abatis: Rubbish in front of a fort, to prevent the rubbish outside from molesting the rubbish inside)
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To: Drennan Whyte
Someday...maybe...possibly...perhaps...

Or not

65 posted on 03/05/2010 5:33:41 PM PST by MilspecRob (Most people don't act stupid, they really are.)
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To: lucysmom

No, its what I’m doing when I ask them to translate their stuff into English.

parsy, who is back out to the net to research for a while....


66 posted on 03/05/2010 5:33:46 PM PST by parsifal (Abatis: Rubbish in front of a fort, to prevent the rubbish outside from molesting the rubbish inside)
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To: lucysmom

No, its what I’m doing when I ask them to translate their stuff into English.

parsy, who is back out to the net to research for a while....


67 posted on 03/05/2010 5:33:51 PM PST by parsifal (Abatis: Rubbish in front of a fort, to prevent the rubbish outside from molesting the rubbish inside)
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To: Drennan Whyte
It doesn't say there is any difference either.

If there were no distinction, the judge wouldn't have made one in the first place, now would he?

68 posted on 03/05/2010 5:33:51 PM PST by MamaTexan (NO ONE owes allegiance to an unconstitutional government)
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To: El Sordo

“Blessent mon cœur d’une langueur monotone”


69 posted on 03/05/2010 5:50:50 PM PST by MilspecRob (Most people don't act stupid, they really are.)
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To: parsifal; El Sordo; lucysmom; JustaDumbBlonde; MilspecRob; BuckeyeTexan; tired_old_conservative

Why does it make sense to treat the Natural Born Citizen clause—which is the Constitutional guard against internal overthrow of our country—with a low threshold of proof rather than a high one? By definition, this guard defends the seat of power of our nation.

Why would you spend countless hours on the internet advocating the lower threshold of proof?

Unless you favor overthrow of our nation?


70 posted on 03/05/2010 5:56:12 PM PST by reasonisfaith (Hey you noble leftists. You can't be honest about your agenda because you're not confident in it.)
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To: EnderWiggins
Welcome to Free Republic EnderWiggins. If you read the Apuzzo article you will see that he not only cited, Wong Kim Ark, but clarified the relevant passages. Apuzzo’s article is authoritative because he has provided references for most of the important references in Supreme Court cases, and references to some of the history (there are over two millenia of relevant discussion). He didn't only refer to Wong Kim, one of the more obtuse decisions. If you are seriously interested in the citations read the original article at http://puzo1.blogspot.com/ . The URL pointers were not preserved when I copied the original. Not only did Apuzzo cite Wong Kim, he cited over a dozen other "authoritative" sources. As a newcomer, I invite you to help inform Free Republic readers by finding one "authoritative" source with a different interpretation of natural born citizen.

The important point, besides the history and record of the court, is that there has never been another interpretation of natural born citizen in Supreme Court proceedings. There have been some idiotic circuit court decisions, but they demonstrate that this is about power politics - “the persuasion of power” described by Andy Stern - rather than legal reasoning.

71 posted on 03/05/2010 5:59:08 PM PST by Spaulding
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To: DJ MacWoW

Talking about scrubbing, Patrick Leahy has removed the reference to Senate Res. 511, which he co-sponsored, from his senate web site. It is still available in the senate archives, but that he selectively removed 511 tells us the pressure is having an effect.


72 posted on 03/05/2010 6:02:30 PM PST by Spaulding
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To: Spaulding
tells us the pressure is having an effect.

Yes. And that's why there are more trolls. And why they are frantic.

73 posted on 03/05/2010 6:04:18 PM PST by DJ MacWoW (Make yourselves sheep and the wolves will eat you. Ben Franklin)
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To: F15Eagle

The officials in power know that the American people cannot accept being exposed as fools and lunatics; therefore, the truth will remain forever hidden. No historian who desires professional recognition will ever touch the matter. Just like the scientists who endorse evolution to garner foundation and government grants


74 posted on 03/05/2010 6:07:30 PM PST by Theodore R. (...)
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To: syc1959

Again, the American people are not capable of understanding the differences here. Its a half-century of dumbed-down “education” at play.


75 posted on 03/05/2010 6:09:26 PM PST by Theodore R. (...)
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To: reasonisfaith

There is no “thresh hold”. You don’t kinda move the bar depending on how one feels today. What there is, is case law. There is Wong. And Wong defines NBC.

You don’t start playing with laws, and making up thresh holds because you don’t like who won the election. That’s what they do in places like uh uh Venezuela. You know, you just change the law as you want...And Cuba, I think a lot of their law is kinda subjective. Whatever a couple of guys named Castro want it to be.

You are lucky enough to live here. You should take the time to understand the laws that apply to this.

parsy


76 posted on 03/05/2010 6:10:37 PM PST by parsifal (Abatis: Rubbish in front of a fort, to prevent the rubbish outside from molesting the rubbish inside)
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To: tired_old_conservative; reasonisfaith

I haven’t a clue what the hell you’re writing about or how it applies to me in this thread that I’ve never seen and in which I have zero interest. Kindly remove me from your ping list.


77 posted on 03/05/2010 6:24:58 PM PST by JustaDumbBlonde (Don't wish doom on your enemies. Plan it.)
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To: MamaTexan
I agree with you MamaTexan. Don't be discouraged at the apparent lack of response. The campaign to classify the Constitutional issue with rumors about Kenyan birth certificates and 9/11 Truthers has had some success. Too many are desperately worried about jobs, about health care, and don't connect the obscure eligibility issue. We need to calmly explain he less sensational truth that there are clear eligibility criterea for the president and Obama doesn't meet them. Eventually money becomes and issue, which is why Donofrio/Pidgeon’s suit question the Chrysler dealer's removal may be the key to forcing the judicial system to man up.

I have heard no cogent counter argument to the assertion that every bill Obama signs is invalid. Trillions of dollars in debt have been committed with the authority of an ineligible chief executive. With Obama and the Chicago Mafia in control of justice, seeing what they did with Congressman Deal, most injured parties will keep a low profile. Obama is, at best, a one term president. Everything he has done can be undone with one honest law suit. Perhaps it will be Kerchner/Apuzzo. Taitz has a judge who has not been afraid of the Clinton justice department, Royce Lambert.

We have just begun to fight. There are more of us who believe the Constitution can keep us free. This is an attack on the Constitution. We need people like you and others whose names and thoughts I've seen on FR to stand up and teach others the real issue. Too bad others, such as WND, with a voice wasted money by focusing on a birth certificate which will never see the light of day. There is nothing to prove. We need to force our judicial system to act on a violation of our Constitution. Politicians may prefer this battle over every socialist issue because it shows they are doing something, and will help the GOP regain the legislature. No legislator who cannot answer the question “what defines a ‘natural born citizen’, the Constitutional eligibility standard for president?” should receive the votes of patriots.

78 posted on 03/05/2010 6:26:56 PM PST by Spaulding
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To: Spaulding

bump


79 posted on 03/05/2010 6:34:53 PM PST by tutstar (Baptist Ping list - freepmail me to get on or off.)
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To: Spaulding; parsifal
The important point, besides the history and record of the court, is that there has never been another interpretation of natural born citizen in Supreme Court proceedings. There have been some idiotic circuit court decisions, but they demonstrate that this is about power politics...

I could be wrong, but isn't it true that once the Supreme Court has ruled, a precedent is set, and lower courts are bound to rule in accordance with that precedent? If a lower court decides in conflict with a Supreme Court ruling, than can't the lower courts decision be overturned?

80 posted on 03/05/2010 6:38:04 PM PST by lucysmom
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