Skip to comments.MultipleInstances..Conclusively Establish Supreme Courtís Holding-Minorv.Happersett-..Precedent
Posted on 10/10/2011 10:05:14 AM PDT by STARWISE
Multiple Instances Of Historical Scholarship Conclusively Establish The Supreme Courts Holding In Minor v. Happersett As Standing Precedent On Citizenship Obama Not Eligible
Recently, the New York State Board of Elections was caught trying to amend the US Constitution with an eraser by listing POTUS eligibility as available to any person born a citizen.
(Please review Pixel Patriots excellent analysis on this issue, New York State BOE Web Site Cover Up.)
The Constitution states that only a natural born Citizen may be president, a much more stringent requirement than simply being born a citizen. This effort in New York is part of a much larger effort nationwide to falsely revise history (in this case by scrubbing the very words of our Constitution).
The tactic contributes to an insidious pattern of behavior being perpetrated just so Obama will be allowed to occupy the White House despite US Supreme Court precedent which states directly that he is not eligible. (This report assumes Obama was born in Hawaii.)
Other instances of gross intellectual dishonesty documented at this blog include the recent attempt by Justia.com to rewrite American history by scrubbing links in subsequent cases which establish that Minor v. Happersett has been cited multiple times as precedent on citizenship issues as well as voting rights.
Another instance of this misleading practice was the revision of a Michigan Law Review article by well-known legal scholar, Professor Lawrence Solum, wherein his original analysis that only a person born in the US of citizen parents was beyond question eligible for POTUS was scrubbed to include as eligible those born of only one citizen parent.
The citizenship issue decided in Minor v. Happersett has been documented as precedent by multiple sources of legal scholarship. (See also my previous two reports analyzing Minor v. Happersett, here and here.)
The Supreme Courts analysis in Minor elicited a specific definition of the class of natural-born citizens in order to avoid a tricky interpretation of the meaning of the 14th Amendments nebulous phrase, subject to the jurisdiction thereof.
Therefore, according to the Supreme Courts definition, Obama is not eligible to be President since the class of natural-born citizens was held to be those born in the US to parents who are citizens. His father was never a US citizen, nor was he ever permanently domiciled here.
That Virginia Minor was not running for President makes no difference at all. By directly construing Article 2 Section 1 in determining that Minor was a citizen prior to the adoption of the 14th Amendment, the Supreme Court held that persons born in the US to parents who are citizens are natives or natural-born citizens.
These are referred to as a class of persons separate from the class of persons born to alien parents. The Court in Minor acknowledged that, despite existing doubts, the class born to non-citizen parents might be citizens. But they werent natural-born.
I have been asked many times over the last three years whether I believe this issue will ever reach a decision on the merits in any federal court. For a long time, I thought the answer was an emphatic never since the Supreme Court was twice handed the issue on a silver platter. Both Donofrio v. Wells, and the petition I prepared in Wrotnowski v. Bysiewicz were referred to the full Court for conference. Nobody knows how many votes, if any, were in favor of reviewing the eligibility of Obama. Regardless, certiorari was refused in both cases.
However, with a recent trial balloon thrown out by the Governor of North Carolina regarding a possible suspension of elections in 2012, the game has changed drastically.
The economy all over the world is scary. Protests are circling the nation. The UN is increasing its interference with national sovereignty. And all currencies could go belly up as the Ponzi scheme of Fiat paper and fractional reserve banking threatens to make the Great Depression seem not so great. And there is a very strong possibility Obama could lose this election. I am very concerned that he will not leave office quietly if the people do not invite him to return and that suspension of the 2012 election might be attempted. This could happen through a national emergency and subsequent martial law.
Rest @ link
51% Don’t Want Second Term For President Obama
This is very disconcerting coming from Donofrio..who normally seems very reserved in his statements. He seems to be of the mind now that Obama is going to suspend elections under marshall law too.
I hope everyone is preparing for the worst and praying for the best.
The natural-born citizen issue could cut both ways post-2012.
George Romney (Mitt Romney’s father) was born in Mexico on July 8, 1907.
If the “Angel Moroni” candidate succeeds, what impact would a court ruling have in 2013?
“This is very disconcerting coming from Donofrio..who normally seems very reserved in his statements. He seems to be of the mind now that Obama is going to suspend elections under marshall law too.”
I’d like to know what constitutional mechanism he’ll use to try martial law of the entire country, since in order to enforce this he’ll need the co-operation of the entire military to do this! Unless he’s going to try by some sort of by proxy, decapitation strike scenario on the other branches of government and take down all 50 state capitals as well.
I do remember some sort of plan written out by executive order of the creation of an emergency governor’s council consisting of 10(!) governors that could help the presisdent take charge in the event of a national emergency but then the news went silent on the details.
(talk about your 10 horns giving power to the little horn scenario)
“Id like to know what constitutional mechanism hell use to try martial law of the entire country,....”
Since when does the constitution matter to our potentate Obama and his cabal of czars,marxists and brownshirts?
It doesn’t matter where George Romney was born. Was he an American citizen when Mitt was born?
“However, with a recent trial balloon thrown out by the Governor of North Carolina regarding a possible suspension of elections in 2012, the game has changed drastically”
Beverly Perdue; the big mouth governor of NC, is part of the current Governor’s Council as called for in Executive order 13528...the “10 kings” protocol. Perhaps she let slip some info being discussed during her duties on this council.
The constitution might not matter to Obama, but getting the US military to potentially fire upon millions of revolting citizens is another scenario entirely. Even if there are “plan within plans” in place, I don’t think the progressives really understand the bloody blowback they’ll unleash upon themselves should they try this.
Prayers ... we must keep praying.
It’s all too huge and terrifying for us, dear Pen.
Lord, have mercy.
If the argument that only a "natural born citizen" (born within the US territory, and born from 2 citizen parents) can be President, it will matter.
This was an issue in 1967-1968, when the self-described "brainwashed" George Romney ran for President.
The 14th Amendment extends citizenship to persons born on American-held soil, but George Romney was born in 1907 in Mexico.
YEAH for Leo Donofrio!
Everyone plese note, THIS is why Bobby indal and Marco Rubio are NOT eligible for either POTUS or Veep.
So please do America a great big damned favor and shut up about Rubio and Jindal as POTUS or Veep. Both would be just as bad as Obama with regard to the destruction of the Constitution and I will actively campaign against ALL THREE for that reason.
Having Principles means standing by them, even when it gets painful to do so.
Jindal and Rubio are both ineligible and would be just as unconstitutional as Barack Hussein Obama.
Interesting citation in Wikipedia on this subject....
From the link:
“While Romney was born in Mexico, he was still considered to be a viable and legal candidate to run for president. His Mormon grandfather and his three wives fled to Mexico in 1886, but none of them ever relinquished their citizenship. While the Constitution does provide that a president must be a natural born citizen, the first Congress of the United States in 1790 passed legislation stating: “The children of citizens of the United States that may be born beyond the sea, or outside the limits of the United States, shall be considered as natural-born citizens of the United States.” Romney and his family fled Mexico in 1912 prior to the Mexican revolution. However, the Naturalization Act of 1795 repealed the Act of 1790 and removed the language explicitly stating that the children of US citizens are natural-born citizens. As such, it is inconclusive whether Romney was eligible for the office of President.”
I have contended that the 1790 act verbiage - along with the dropping of that verbiage - provide direct insight into the intent and mechanics of what defined a “natural born Citizen”. The fact that it basically elevated jus sanguinis over jus soli meant that parentage was the considered the overriding, dominant factor of being a “natural born Citizen”, jus soli was secondary - just as the act shows. But, the removal of the clause in later acts indicates Congress likely understood they altered Article II, Section 1 incorrectly. And thus, they fixed it - by dropping the verbiage. Thus showing that the intent and meaning of Article II, Section 1 was born to US citizens within the borders of the United States.
Many have incorrectly asserted that the original 1790 act ‘defined’ natural born Citizen. It did not, it declared those meeting a criteria AS ‘natural born Citizens’. It layer upon those meeting the criteria (2 US Citizen parents) to be ‘considered as’ natural born Citizens. It did not ever say they ARE natural born Citizens.
The military would be a hard sell for Obama for sure....that’s why he wants his civilian armed forces. The man is ripping this country apart...ON PURPOSE!
Recently, the New York State Board of Elections was caught trying to amend the US Constitution with an eraser by listing POTUS eligibility as available to any person "born a citizen".
Amen to that.
“Born a citizen” != “natural born citizen”