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The Dirty “little” Secret Of The Natural Born Citizen Clause Revealed.
Natural Born Citizen ^ | 1-27-2012 | Leo Donofrio

Posted on 01/27/2012 10:02:09 AM PST by Danae

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Ok folks, this is a gorgeously simple explanation of WHY and HOW legislation and laws are interpreted and applied.

If you are a poster battling obots, or someone unfamiliar with the law and want to be better able to discuss why things are the way they are, or just want to understand the law better, this post of Leo's is one you can't miss.

1 posted on 01/27/2012 10:02:16 AM PST by Danae
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To: Las Vegas Ron; little jeremiah; MestaMachine; BuckeyeTexan; STARWISE; rxsid; butterdezillion; ...

PING to the Usual Suspects!

This post of Leo’s is brilliant! Enjoy!


2 posted on 01/27/2012 10:04:26 AM PST by Danae (Anailnathrach ortha bhais beatha do cheal deanaimha)
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To: Danae
There are two classes of citizenship: Natural born and naturalized.

This article is arguing for a third class of citizenship: native born but not natural born.

3 posted on 01/27/2012 10:09:47 AM PST by Yo-Yo (Is the /sarc tag really necessary?)
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To: Danae
More specifically, regardless of the chronology of enactment, the general clause can never govern the specific.

But, but.. What about the Commerce Clause, where the very general is held to require all kinds of specifics?

4 posted on 01/27/2012 10:10:13 AM PST by chesley (Eat what you want, and die like a man. Never trust anyone who hasn't been punched in the face)
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To: Danae
Yup, he's broken it down very succinctly.

I wonder how any honest lawyer could argue against it.

I might even be inclined to say that...it's so easy, even a caveman could understand it.

With any due respect owed to any cavemen (or cavewomen) out there who may be ofeeeeended by that.

{:^)

5 posted on 01/27/2012 10:13:50 AM PST by rxsid (HOW CAN A NATURAL BORN CITIZEN'S STATUS BE "GOVERNED" BY GREAT BRITAIN? - Leo Donofrio (2009))
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To: Danae

Great explanation. Yes, I had some obot’s throwing the 14th amendment around just this week. They think they are so smart. And playing the race card has worked so well that the courts and Congress are both too timid to address his ineligibility, even Fox and other conservative pundits.


6 posted on 01/27/2012 10:17:40 AM PST by Qwackertoo (Gingrich/West 2012)
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To: Danae

So, this applies how to Obama? There have been reports a plenty that confuse rather than assure who his biological father even is. This clause business as posed by Leo has teeth, but we want to see it prevail in Georgia courts against the Obama arguement against it. Much smoke and many mirrors will be let, in order to obfiscate and delay that meeting in court before the election.


7 posted on 01/27/2012 10:20:26 AM PST by RitaOK (LET 'ER RIP, NEWT. NEWT 2012 / Rick Bachmann=Tool of the RINO/Romney backers)
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To: Yo-Yo
Justice Waite recognized TWO classes of citizenship by birth in Minor v. Happersett. There's no way around that. One class has no doubt while the other does have doubt. Only ONE class was characterized as natural-born.
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 [p168] 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.

So maybe you can explain why the court made a point of emphasizing that it is sufficent to base its argument on ONE class of citizens specifically defined as having citizen parents. Why did the court do that??

8 posted on 01/27/2012 10:21:58 AM PST by edge919
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To: Yo-Yo

http://www.federalistblog.us/2008/11/natural-born_citizen_defined/


9 posted on 01/27/2012 10:22:15 AM PST by Sacajaweau
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To: Danae
Beautifully written.

Kind of explains why democrat apologists always push the "living Constitution" meme.

A living construct can evolve and change form to better suit evil doers.

10 posted on 01/27/2012 10:23:17 AM PST by atc23 (The Confederacy was the single greatest conservative resistance to federal authority ever.)
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To: Danae

A case in —iirc— Indiana recently broke the clear reading of the law as Leo has stated it. Sadly, it appears that teh SCOTUS under the pirate Roberts’ control is more than willing to allow that for the affirmative action Pres—ent he is protecting. If the courts functioned as purely as Leo’s fine description, the Republic would still be functioning under the Constitution. But it hasn’t been restrained by the Constitution for quite some time ... fantasy penumbras are the new Amendments.


11 posted on 01/27/2012 10:25:19 AM PST by MHGinTN (Being deceived can be cured.)
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To: Yo-Yo

Wrong ... but expected.


12 posted on 01/27/2012 10:26:13 AM PST by MHGinTN (Being deceived can be cured.)
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To: chesley

Holy mackerel. Shouldn’t the EPA also have some say in this litigation? I’m sure there must be a wet spot somewhere! LOL!


13 posted on 01/27/2012 10:28:35 AM PST by rktman
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To: All

Bookmark bump


14 posted on 01/27/2012 10:33:12 AM PST by rockrr (Everything is different now...)
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To: Danae
Eh, why not?

Well, I'm an attorney, and I've never heard of some proper noun, specific "Code of Statutory Construction". There are plenty of what normally are referred to as rules of construction, or principles of statutory construction, but I've never heard them referred to as a Code except when said "Code" is specifically enacted as part of legislation in a particular state. Most lawyers know that a Code refers to something formally enacted into law. Of course, that is an impossibility when we're talking about the Constitution, because the Constitution isn't a "statute", and its interpretation can't be governed by some subsequently-passed "Code". If someone is going to argue legal technicalities, they ought to get their terminology correct.

Second, I am familiar with a general rule of construction that corresponds to the "Code of Statutory Construction" the author claims to be citing. So in substance, he's at least right about the existence of such a principle of construction. That the specific controls the general is an accepted rule/principle.

But third, he is simply wrong to the extent he believes that rule compels the conclusion he offers. Either it's bad lawyering, or he's being disingenuous.

For the rule to apply, the second clause must be argued as changing the meaning of the first. If someone argues that Clause B changes the meaning of Clause A, then his argument that this cannot be the case is correct, because the specific governs the general. To the extent someone is arguing that, this point is correct.

The problem is that this ignores the most common argument --that the 14th doesn't change the original meaning of the NBC clause at all, but rather, is consistent with that original meaning. If you argue (as many do)that "natural-born citizen" was intended to draw a distinction between 1) people who were citizens at birth, and 2) people who were naturalized after birth, then the 14th Amendment didn't change the meaning of the NBC clause at all. Rather, it just changed the definition of who was a citizen at birth, but did not change at all the distinction between those who were citizens at birth, and those who were naturalized. The NBC still has its original meaning of barring naturalized citizens from the Presidency.

Now obviously, this put us right back to where we've always been in this dispute, which is whether the Framers were intended to incorporate De Vattel's definition, or the common-law English one, of citizenship. If the former, then the author is correct. If the latter, then he's not. And since people still disagree about this, this article doesn't really advance the ball at all. We're still left arguing over whether the De Vattel interpretation is correct, or not.

15 posted on 01/27/2012 10:35:51 AM PST by Bruce Campbells Chin
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To: Danae

This is exactly the reason why anyone that fights for Obamas right to be on any ballot will only fight by stating this judge has no right to claim he is ineligible due to constitutional reasons. This is beyond his scope of practice.

They would never want this issue to be fought! They prefer to use every law in the book to smack it down rather than just getting this constitutional issue on the table and dealt with.

Why not since we have a divided nation on this subject don’t we just put this to rest and have it ruled on? It would be the easiest way to just end this whole dilemma! Instead we have to fight tooth and nail just to get a judgment on this issue.

We have to end the I’m right - you’re right mentality on this issue. Of course I wish to be right (2 citizens make natural born), but I am willing to truce if SCOTUS rules against this. Why are they not willing to state the same? Because I believe they know we are right!


16 posted on 01/27/2012 10:35:56 AM PST by jcsjcm (This country was built on exceptionalism and individualism. In God we Trust - Laus Deo)
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To: Yo-Yo

You are naturalized automatically if born in the U.S. You are not Natural born automatically! Still 2 forms of citizenship! One that can be President and one that can not!


17 posted on 01/27/2012 10:38:10 AM PST by jcsjcm (This country was built on exceptionalism and individualism. In God we Trust - Laus Deo)
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To: rockrr

Here’s a dirtier little secret. See how many times bills have been introduced ammending the Constitution to allow non NBC’s to hold the office of President of the US. Bills introduced by both Rep.s and Dems. We are being screwed folks.

http://www.youtube.com/watch?v=H3aCfR8rmrw


18 posted on 01/27/2012 10:42:26 AM PST by IM2MAD
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To: Danae
It makes no difference whether Obama was born in Hawaii or someplace else, he is NOT a "natural born" citizen because his admitted father was not a US citizen, but a British subject and resident of Kenya and thus Obama is unconstitutionally occupying the White House. Further Obama may well have had Indonesian citizenship and an Indonesian passport ...again making him NOT a natural born citizen.

Whoever is the GOP nominee they should provide ample public proof that they were born in the US of parents who both were US citizens and then challenge Obama to provide the same information. However the GOP has become little more than the court eunuchs in emperor Obama's court so I see little chance of that happening.

19 posted on 01/27/2012 10:42:46 AM PST by The Great RJ ("The problem with socialism is that pretty soon you run out of other people's money" M. Thatcher)
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To: RitaOK
"There have been reports a plenty that confuse rather than assure who his biological father even is."

Didn't you know that Obama posted his Birth certificate stating the Obama Sr. was his father. Barack Sr. was a British subject and:

British Nationality Act of 1948 (Part II, Section 5): Subject to the provisions of this section, a person born after the commencement of this Act shall be a citizen of the United Kingdom and Colonies by descent if his father is a citizen of the United Kingdom and Colonies at the time of the birth.

This also was placed on the internet by Obama's Fact Check web site. So, from his own mouth!

http://factcheck.org/2008/08/obamas-kenyan-citizenship/
20 posted on 01/27/2012 10:45:39 AM PST by jcsjcm (This country was built on exceptionalism and individualism. In God we Trust - Laus Deo)
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