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The Mr. Binney Funeral Humiliates The Reputation Of The United States Supreme Court.
Natural Born Citizen ^ | 2-7-2012 | Leo Donofrio

Posted on 02/07/2012 11:59:10 AM PST by Danae

The Mr. Binney Funeral Humiliates The Reputation Of The United States Supreme Court.

The lack of historical analysis evident in every judicial opinion which has discussed Obama’s eligibility is staggering. If you compare Judge Malihi’s recent opinion in Georgia, and the Ankeny case from Indiana, to important citizenship decisions by the U.S. Supreme Court, it becomes clear what separates the men from the boys. In a word; research.

U.S. Supreme Court opinions dodge nothing. Every issue is confronted head on. Every argument is taken into consideration, and even if they twist the facts and law to make it condone a blatant abuse of power, such as in the Kelo case, the Court doesn’t run away and hide from the most important obstacles placed in its path.

Of course, some of these decisions are obviously rigged to issue a pre-determined conclusion. The worst example of this is the racist holding in Scott v. Sandford. Still, the opinion doesn’t run and hide like a sissy from tough issues. But in confronting the racial issue, the Court gave itself and the nation a disease which led directly to civil war. This is what happens when the highest Court in the nation sells its soul. But even when the soul is sold, it’s sold with history and research that confronts the tough issues head on. You’re not left wondering what the Court thought about anything relevant to the case.

Another controversial opinion concerns U.S. v. Wong Kim Ark. The majority opinion is 55 single spaced pages long, and the dissent weighs in at 27. The majority opinion was composed by Justice Horace Gray, aka – the Legal Historian of the Supreme Court, and Father of the Historical Method. At first glance, his opinion appears to have tracked down every relevant piece of information and law necessary to a proper resolution of the case.

Indeed, Gray goes all the way back to English statutes in 1351, continues through Calvin’s Case in 1608, and drives right to the newest state court cases of the day. Nothing was avoided. That depth of research is what made the Supreme Court an icon of justice, and is what is severely lacking from the flimsy opinions of lower courts that have weighed in on POTUS eligibility.

Bad ass research and an intellectual capacity to delicately do ballet thereupon is what makes the Supreme Court’s opinions stand out in contrast to their lower court peers. The SCOTUS gives the appearance of true legal authority. And it’s this patented appearance of legal authority that the stability of the nation is grounded upon.

When that appearance of authority was humiliated in the Dred Scott case, all hell literally broke loose upon this country.

Unfortunately, in U.S. v. Wong Kim Ark, we have the second worst piece of stinky refuse the Court has ever passed wind upon. And the appearance of true justice has once again been utterly humiliated. Consider that Justice Gray was appointed by Chester Arthur, a man born of an alien father. And in 1898, when Wong was decided, had the public at large, and the Court at large, known that Arthur was born a British subject in the U.S., then there would have been no need to determine the citizenship fate of anyone else born in the country to alien parentage.

If alien parentage didn’t stop old Chet from being President, why should it stop anyone else from being a citizen?

Yet, Justice Gray never mentions the citizenship status of the man who appointed him. Gray controlled his own fate by presiding over an opinion, the outcome of which decided the very legitimacy of his appointment to the Supreme Court. And the appearance of impartiality has been destroyed by this sordid history. Whether Justice Gray knew Arthur was born of alien parentage is not as important as the objective appearance.

This report continues the forensic investigation of whether Supreme Court Justice Horace Gray composed the infamous opinion in U.S. v. Wong Kim Ark to subversively cure the citizenship defects – and accompanying POTUS eligibility defects – of the man who appointed him to the bench. President Chester Arthur successfully defrauded the nation as to his parental heritage which established him to have been a British subject at birth, since his father failed to naturalize in the U.S. until 1843, fourteen years after Chester was born.

Prior reports in this series discussed inexcusable misquotes with regard to Gray’s erroneous reliance upon McCreery v. Somerville, as well as the unexplained abandoning of his very own arguments and associated points of authority from Elk. v. Wilkins.

And in my Amicus Brief submitted in the recent Georgia Ballot challenges, I submitted evidence that other Supreme Court opinions were abused by Justice Gray who cleverly distorted them to mean the exact opposite of what the Court actually held.

MR. BINNEY’S INFAMOUS “PAPER”.

Today, we shall strip another foundational building block from the opinion in WKA. I refer to the mysterious “paper” written by Philadelphia attorney, Horace Binney, in 1853. My research has revealed that the his paper, The Alienigenae of the United States Under the Present Naturalization Laws, was published in three editions, not two, as was erroneously suggested by Justice Gray. Furthermore, Gray’s suggested chronology of publication is false.

The most important section of Binney’s paper, as it relates to Justice Gray’s opinion from Wong Kim Ark, was deleted in the third and final revision, while Justice Gray wrongly suggested that the second edition was the final one, thereby appearing to justify his reliance upon it. This is absolutely false.

The deleted section of the Binney paper was relied upon, and quoted by Gray twice in the Wong Kim Ark opinion. He quotes the passage in the body of the opinion, as well as in the very holding of the case. While Justice Gray acknowledges that the passage did not appear in the peer-reviewed American Law Register (precursor to the University of Pennsylvania Law Review) version, he suggests that the ALR version was the first edition, and that it came before the second edition relied upon by the Court so heavily in Wong Kim Ark. As you will see below, Justice Gray got that very very wrong. My research has now established with absolute certainty that the ALR version was the third and final version of the Binney paper.

Mr. Binney and his editors at the ALR deleted the infamous passage relied upon by Justice Gray in the Wong Kim Ark opinion. It did not survive the peer review process and was gutted in the third and final edition of the paper. Furthermore, the necessity for their being three versions of the same paper – all published within three months of each other – was caused by two consecutive screw ups by Binney in quoting the U.S. Naturalization Act of 1790. As we shall discuss in detail below, Binney not only misquoted the statute in the first edition, but he compounded the error by applying speculative analysis to the statute as if it contained the misquoted provision.

Imagine analysis of a statute which does not exist. That’s exactly what happened in the first edition. Then, in the second edition (relied upon so heavily by Justice Gray), Binney appears to have offered the infamous page-long footnote (on pg. 22 of the paper) as a counter-analysis to the first edition’s mistaken conclusions. Unfortunately, Mr. Binney failed to correct the misquote in the second edition as well.

Both the first and second editions, therefore, contain analysis of a statutory provision which did not exist. This, of course, makes the analysis useless. It’s based upon a fictional statutory provision, so the analysis of that non-existent provision cannot be a legal authority for anything, let alone the majority opinion of the U.S. Supreme Court in the very case which set our citizenship path for the last 114 years.

In the third and final edition of the paper, as published by the ALR, Binney’s name was deleted along with that part of the footnote relied upon twice by Justice Gray. Welcome to the wonderful world of Wong Kim Ark.

We have the sad reality of the highest court in the nation relying upon – in the most important citizenship decision in our national history – a legal authority which was deleted by the concerned author and his esteemed editors. When we add this new evidence to all of the other anomalies in the Wong Kim Ark opinion, as framed by the strange history of Chester Arthur’s citizenship status, the stench becomes unbearable. And the current United States Supreme Court should really clean it up.

ACKNOWLEDGED OBSCURITY OF THE BINNEY PAPER.

Binney was no stranger to controversy. His paper on Habeas Corpus advocated for the Government’s right to strip this most precious jewel of liberty from the populace when it saw fit. That paper was criticized heavily by his peers (although today’s federal mafia would salivate over it).

But the paper which Justice Gray relies upon, “The Alienigenae of the United States Under the Present Naturalization Laws“, self-published by Binney in Philadelphia (1853), did start upon a valid point. It reiterated the sentiment from prior authorities which explained that there was no statute in place which naturalized the children born abroad of U.S. citizens. Binney’s paper sought to influence a correction of the law. And two years later, in 1855, the law was corrected.

JUSTICE GRAY’S EXALTED RESEARCH.

Justice Gray was a titan of the historical method, famously known as the pre-eminent historian of the Supreme Court, to which great tales have been told concerning his legendary research skills. And his knowledge of the Binney paper was apparently far advanced from that of the attorneys litigating WKA. Ark’s attorneys were not able, in 1898 – almost fifty years after Binney published the paper – to establish with any certainty that Binney had written the paper, and it was Justice Gray who was finally able to do it for them in his opinion from WKA.

There is a telling anecdote about the obscurity of Binney’s paper, memorialized by Ark’s attorney, J. Hubley Ashton, Esq., in Great American Lawyers, Volume 8:

“There was cited in the argument for the appellee in that case a paper of remarkable ability on the ‘Alienigenae of the United States’, published many years ago in the American Law Register, which had always and universally been attributed by lawyers and judges to Horace Binney, although his name was not appended to the article. As one of the counsel for the appellee, I made considerable effort to ascertain before the argument whether the great lawyer of Philadelphia had ever formally acknowledged this paper as his own, but the search for information on the subject was unavailing. My surprise was almost humiliating, I remember when I saw in the opinion of the court delivered by Mr Justice Gray, a passage with a note, from what was described by him as tha second edititon of this paper, ‘printed in pamphlet form at Philadelphia with a preface bearing Mr Binney’s signature and the date of December 1st 1853′, accompanied by the following observation of the learned judge: ’This paper without Mr Binney’s name, and with the note in a less complete form, and not containing the passage last cited, was published (perhaps from the first edition) in the American Law Register for February 1854.’ I was naturally curious to know where and how Mr Justice Gray had found this rare pamphlet, no copy of which appeared to be in any department of the Library of Congress. He told me that although he had no doubt from internal evidence and otherwise that the paper referred to was the authentic work of Mr Binney, he was indisposed to cite it as such in the opinion of the Supreme Court upon mere tradition or general belief on the subject, and that as a result of a search among some old pamphlets purchased by him many years ago, and stored away in his private library, he found the pamphlet described in his opinion, which established, of course, the authorship of the learned paper contained in it.” Id. pg. 169-170. (Emphasis added.)

So, 55 years after Binney’s paper was first released, the Library of Congress didn’t even have the original editions of the paper. The only person who did have them, according to this anecdote, was Justice Gray. He apparently had the second edition tucked away in his private library. But what about the first edition? If he was in possession of that, then his entire opinion in Wong Kim Ark is proved to be a fraud. If he knew of the true first edition, his suggestion that the ALR version was the first edition would be outright fraud. Keep this in mind as we move along to examine the text of each edition.

But first, let me stoke your paranoia. One of my favorite films is “The Ninth Gate”, wherein Johnny Depp plays a seedy rare book collector/charlatan. The plot concerns a Satanic coven, and the leader is a rich magnate who seeks to gather the only three remaining copies of an esoteric text. Depp’s character discovers, by comparing the copies, that the illustrations are ever so slightly different copy to copy. Some of them are signed by “LCF”, some not. This turns out to be Lucifer.

Besides Justice Gray’s infamous misleading quote from Binney appearing on pg. 666 of the Wong Kim Ark opinion, spookier anomalies have popped up throughout my research of the natural-born citizen issue. Of course, JustiaGate takes the prize and sets the standard for this kind of freaky malevolence. But just now it happened again with regard to the passage just quoted from the Great American Lawyers text. I downloaded the book from Google Books about eight weeks ago. And it’s to that downloaded copy which I have provided a link to above. The text is in the public domain and therefore, as of eight weeks ago, the entire book was available as a preview, and as a download from this link.

Well, it’s a good thing I downloaded it then, because as of today, Google has Justiafied the text, so that pg. 170 has been clipped from both the preview, and the downloadable version. The part about Justice Gray having the Binney paper in his private library has been scrubbed by Google as of today. Download the Google copy and compare it to the copy available here at my blog. They do not match. And this development has taken place recently, since I downloaded the full copy from Google Books just a few weeks ago. What a freak show, America. Raise the lights, dim the Twilight Zone theme, and let’s get down to business.

THE EVIDENCE.

Binney, after having published the first edition of the paper must have become acutely aware of his screw up, and quickly published a second edition which added an infamous footnote which sought to alleviate the erroneous analysis based upon the incorrect statutory quotation. Binney, however, failed to inform the reader that the note was required due to the misquote. The second edition, therefore, contains a footnote which changes the analysis of the statute. Unfortunately, the second edition also failed to correct the misquote.

This must have doubled the embarrassment of Binney, who was a very upright character. I have been to the Philadelphia Historical Society to read his personal papers, and handwritten memoirs, which illustrate he was a very decent man. I do not wish to sully his reputation, but the reputation of the paper in question, as relied upon by Gray, deserves stern negative critique. And Binney’s failure to allow his name to appear on the ALR version justifies the criticism.

I never understood why an obscure paper, rather than prior decisions of the Supreme Court, should have provided the backbone for Gray’s opinion. Up until Wong Kim Ark, there were multiple U.S. Supreme Court decisions, which held that minor children follow the political status (aka citizenship status) of their parents (see my Amicus Brief at 31-39), and that birth on the soil did not necessarily confer citizenship, unless the parents were themselves citizens. Two decisions which held America to this principle were, Inglis v. Sailors’ Snug Harbor, and Shanks v. Dupont, to which Justice Gray failed to acknowledge the majority holdings, as they directly conflicted with his opinion in WKA.

But now it has become clear that even Binney’s obscure paper provides no support at all for Justice Gray’s opinion in Wong Kim Ark.

The footnote quoted by Justice Gray in Wong Kim Ark does not appear in the first edition of Mr. Binney’s paper. You may examine the first edition at this link to Harvard’s online collection. Additonally, I have extracted the pamphlet from a collection of Binney’s writings made available by Widener University. The full text of that document is here. And I have extracted the first edition of Binney’s paper, and uploaded it here. Go to pg. 22, that is where the statute is misquoted, as follows:

“[T]hat the children of citizens of the United States, that may be born beyond sea, or out of the limits of the United States shall be considered as natural born citizens – with a proviso, that the right of citizenship shall not descend to persons who had never been resident in the United States. 2 US Laws 83.”

The proviso from the actual statute, however, did not require that the persons born overseas be resident in the U.S. It required that the fathers of such persons must have resided in the country:

Provided, That the right of citizenship shall not descend to persons, whose fathers have never been resident of the United States…”

Binney then went on to analyze the statute as if the misquote were genuine:

[T]he proviso did not apply to citizens naturalized under that Act, who must have been resident within the United States at the time of their naturalization, but only to such native citizens, or citizens naturalized by British law, as had left the country before or during the Revolution and had never returned.”

This analysis is awkward, and does not appear to make any sense with regard to British law. Binney recognized that, and quickly published a second edition, which contains the footnote cited by Justice Gray. I have uploaded the second edition here. The footnote takes up most of pg. 20, continuing on pg.21. Justice Gray quoted from it as follows:

“Mr. Binney in the second edition of a paper on the Alienigenae of the United States, printed in pamphlet at Philadelphia, with a preface bearing his signature and the date of December 1, 1853, said: ‘The common- law principle of allegiance was the law of all the states at the time of the Revolution and at the adoption of the constitution; and by that principle the citizens of the United States are, with the exceptions before mentioned [namely, foreign-born children of citizens, under statutes to be presently referred to], such only as are either born or made so, born within the limits and under the jurisdiction of the United States, or naturalized by the authority of law, either in one of the states before the constitution, or, since that time, by virtue of an act of the congress of the United States.’ Page 20. ‘The right of citizenship never descends in the legal sense, either by the common law, or under the common naturalization acts. It is incident to birth in the country, or it is given personally by statute. The child of an alien, if born in the country, is as much a citizen as the natural-born child of a citizen, and by operation of the same principle.’ Page 22, note. This paper, without Mr. Binney’s name, and with the note in a less complete form, and not containing the passage last cited, was published (perhaps from the first edition) in the American Law Register for February, 1854. 2 Am. Law Reg. 193, 203, 204.” U.S. v. Wong Kim Ark, 169 U.S. 649, 665-666 (1898). (Emphasis added.)

The second edition, however, while supplying the note, also contains the exact same statutory misquote as the first edition. Additionally, Justice Gray got his facts very wrong in the bold print part quoted above. The note from the peer-reviewed ALR edition is the third and final edition, and the note, therefore, is in its complete form in that edition, whereas the second edition contains a longer note, but that note is based upon the statutory misquote, and is, therefore, not the final note.

Justice Gray’s suggestion that the ALR was the first edition is proved false by the fact that the ALR edition finally gets the statute right, and the note attached to the ALR edition makes sense when read in light of the correct statute. I have uploaded the ALR version here. Go to pg. 12, and you will see that the statute now reflects the true proviso, which requires the fathers to have been resident. The note in the ALR version appears on pg. 13, and you can see that the following passage was stripped from the final edition:

“The right of citizenship never descends in the legal sense, either by the common law, or under the common naturalization acts. It is incident to birth in the country, or it is given personally by statute. The child of an alien, if born in the country, is as much a citizen as the natural-born child of a citizen, and by operation of the same principle.”

Justice Gray relied on this deleted, and discredited passage, not only on pgs. 665-666 of the Wong Kim Ark opinion, but he also relied on it in the holding, on pg. 693.

The first edition was published in December, 1853. The second edition appears to also have been published in December 1853, as was noted by Justice Gray. The ALR edition was published in Feb. 1854, and is the only edition to have correctly quoted the statute.

That Binney screwed it up twice, must have been the reason his name didn’t appear on the ALR edition. The prior versions contain analysis based upon a statutory provision which did not exist. That analysis drove Binney to quickly publish a second edition, but in doing so he just made it worse.

Justice Gray relied upon this paper multiple times in the Wong Kim Ark opinion, specifically citing the discredited quotes twice. The errors which caused Binney’s first two papers to require these misguided quotations to be removed from the final edition were caught in peer review, and stripped from the third edition. The ALR version is certainly the third and final edition, not the first as was suggested by Gray.

This revelation leaves us with a very rotten opinion from Wong Kim Ark that has determined out national citizenship policy, which, as can be seen from the lack of research applied to it by the lower courts reviewing Obama’s eligibility (none of which mentioned any of the clear errors made Justice Gray pointed out here at this blog), continues to have broad ranging implications that directly touch national security with regard to who is eligible to be commander in chief.

The analysis I have provided in this report, when added to the rest of the sad story concerning Justice Gray’s many errors of law and fact as shadowed by the Chester Arthur controversy, leaves the nation’s highest court looking either corrupt, or stupid. If Justice Gray was aware of the true chronology of the three versions of Binney’s paper, he is guilty of directly, and purposely, defrauding the nation. If he was guilty of negligence, that’s almost just as bad. The U.S. Supreme Court is not supposed to look this bad.

The Wong Kim Ark opinion looks very bad, America.

Leo Donofrio, Esq.


TOPICS: Government; History
KEYWORDS: gray; naturalborncitizen; nbc; scotus; wka
Well now. Isn't THIS interesting.

LEO PING!~

1 posted on 02/07/2012 11:59:23 AM PST by Danae
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To: Danae

bump for later reading


2 posted on 02/07/2012 12:05:32 PM PST by Albion Wilde (A land of hyper-legalisms is not the same as a land of law. --Mark Steyn)
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To: Las Vegas Ron; little jeremiah; MestaMachine; BuckeyeTexan; STARWISE; rxsid; butterdezillion; ...

Mr. Donofrio has published yet another historical piece on Wong Kim Ark. This piece looks into the history of a document that Justice Gray relied upon in writing his decision in WKA.

He also very effectively makes the case that WKA is a horrible SCOTUS decision, which today’s court really should be forced to addressed. With the Malihi decision in Georgia an appeal-able case, it just may be possible to present before SCOTUS the means and ability to so just that.

Enjoy!

God bless you Leo! Thank you for giving us back out REAL history!


3 posted on 02/07/2012 12:13:51 PM PST by Danae (Anailnathrach ortha bhais beatha do cheal deanaimha)
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To: Las Vegas Ron; little jeremiah; MestaMachine; BuckeyeTexan; STARWISE; rxsid; butterdezillion; ...

Oops!

The sentences: “God bless you Leo! Thank you for giving us back out REAL history!” should read “God bless you Leo! Thank you for giving us OUR history back!”

Folks, I have read this and checked Leo’s links. This is spot on. Gray, in WKA relied upon a PAMPHLET by Binney which incorrectly quoted the 1790 Citizenship act, then analyzed and sort of corrected that miss-quote in order to craft his holding in WKA. The Binney Document was published decades before WKA. And Gray claimed to have it in his personal library. What makes this even stinkier, is the fact that the 1790 law was revoked in 1795, making the 1790 analysis irrelevant to begin with in 1898!!! So why was Gray using a pamphlet which was published decades before on a law which was revoked 5 years after it was signed into law? Better yet, why did Gray rely on something less than the FINAL version of Binney’s paper. We may never know.

Be that as it may be.... this still remains and smells worse than a 3 week old bag of used baby diapers... If Gray had used the FINAL version of that pamphlet, he could NOT have used it in reaching his WKA holding!!!!!!

Ergo, he used the version most convenient in the decision he had already decided to make - regardless of it’s correctness in law - he went about looking for literature which would support what he wanted to write in WKA. He did NOT let the LAW tell the court how to rule, he DECIDED how he would rule, then went about justifying his decision. In this case, he had to rely upon a document which was so flawed on it’s face, that it should never have been a source with any weight to it at all.

I trust Leo’s assessment of Binney as being a good man. He made an error, attempted to correct it, and failed to accurately do so for what ever reason. SO at last, 2 months or so later, the correct version and analysis appears - sans Binney’s name. Perhaps out of embarrassment, perhaps to save he further embarrassment... what ever the reasons were. Again we may never know.

What do DO know is that Gray literally use false information to create the WKA decision and holding. How can ANYONE trust the holding in WKA? It was BASED upon inaccurate false information. That invalidates the decision!

I sure hope the Georgia attorneys get a hold of this, they are going to need it to literally dismantle WKA and THAT right there may well kill the Indiana Ankney decision as well. Talk about killing two birds with one stone.....

If WKA were decided today under the same legal conditions as present in 1898, Gray would have been unable to even WRITE the decision. If WKA were, as it was written, coming up from an appellate court in the form we see today, it would be SHREDDED by Leo’s historical analysis of the decision and holding.


4 posted on 02/07/2012 1:08:27 PM PST by Danae (Anailnathrach ortha bhais beatha do cheal deanaimha)
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To: Danae

I can appreciate what Leo is trying to do, but I don’t see this as the most effective way of going after the issue. It needs to be simplified to where the average voter can draw no other conclusion than Obama is not a natural-born citizen. No lower court is going to overturn a Supreme Court decision, so instead of attacking Wong Kim Ark, it’s better to show what’s right about it and how it still proves without a doubt that Obama is not a natural-born citizen. Ankeny is the new decision du jour for courts to fall back on, so we need to show how it’s wrong, but Ark is right in using and affirming Minor’s exclusive and uncontested NBC definition: all children born in the country to citizen parents.


5 posted on 02/07/2012 1:11:36 PM PST by edge919
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To: edge919

Heya edge....

That isn’t what Leo is doing here, he isn’t informing the average lay person per say. He is offering research for use by the lawyers who are litigating Obama’s ballot eligibility cases.

The Ankney case incorrectly discarded the concept that it takes two parents as well as being born in the United States in order to be a Natural Born Citizen. The Ankney case states that anyone born here, regardless of parentage, can run for POTUS.

Malihi in Georgia used the Ankney case to justify ruling for the Defendant Obama, even though no evidence of Obama’s eligibility was presented BY Obama.

Ankney relied upon WKA and its holding to come to IT’S decision, and because the WKA decision itself if based upon false and incorrect information, totally destroys the foundation of not only WKA, but ALSO of Ankney.

What we have here is the historical legal keys NECESSARY in in reaching a CORRECT decision for the future SCOTUS appeal in the Georgia Case.

If Leo’s research is made part of the SCOTUS appeal, as part of the case for Obama’s INeligibility for POTUS, and SCOTUS makes to historically correct legal decision as it MUST upon accepting the historically accurate EVIDENCE Leo presents, then we the people will FINALLY get a correct definition of Natural Born Citizen, in a modern day case. We have it already in Minor. This will be the 6 feet of dirt over the grave of the after-birthers arguments that anyone born in the USA is a natural Born Citizen.


6 posted on 02/07/2012 1:25:47 PM PST by Danae (Anailnathrach ortha bhais beatha do cheal deanaimha)
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7 posted on 02/07/2012 1:28:27 PM PST by TheOldLady (FReepmail me to get ON or OFF the ZOT LIGHTNING ping list)
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To: Danae

You act like this language matters.

The court has the outcome it wanted.

If the correct information had been used, the opinion would have been worded differently.

And I do not agree that a facility with twisting language gives the court any honor.

The only reason the judges are not drug out and stoned in the street is because they generally cater to those most inclined to do so.

9 Roy Beans.


8 posted on 02/07/2012 2:02:47 PM PST by UnbelievingScumOnTheOtherSide (REPEAL WASHINGTON! -- Islam Delenda Est! -- I Want Constantinople Back. -- Rumble thee forth.)
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To: Danae
He did NOT let the LAW tell the court how to rule, he DECIDED how he would rule, then went about justifying his decision.

History is repeating itself. Nothing about the last 4 years have been about abiding by the law.

9 posted on 02/07/2012 2:17:51 PM PST by bgill (Romney & Obama are both ineligible. A non-NBC GOP prez shuts down all ?s on Obama's admin)
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To: Danae

Except Thomas says SCOTUS is “evading” the issue, Ginsburg says the US Constitution is “old” and “outdated”, and Sotomayor and Kagan will do anything to keep the kenyan in power. As the court now stands, we might have Thomas, Scalia and Alito on our side but that’s it.


10 posted on 02/07/2012 2:32:43 PM PST by bgill (Romney & Obama are both ineligible. A non-NBC GOP prez shuts down all ?s on Obama's admin)
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To: bgill

I know they are avoiding it. SCOTUS does not want to deal with it at all. They would rather have Obama just lose the election. That is much easier for them. Its flat out EVIL because then future generations are forced to face the same issue, assuming there is a USA still in existence.

This is a fight for the constitution. Without the constitution, we are nothing. We simply cannot give up.


11 posted on 02/07/2012 2:41:59 PM PST by Danae (Anailnathrach ortha bhais beatha do cheal deanaimha)
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To: bgill

“History is repeating itself. Nothing about the last 4 years have been about abiding by the law.”

True that.


12 posted on 02/07/2012 2:43:26 PM PST by Danae (Anailnathrach ortha bhais beatha do cheal deanaimha)
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To: Danae
Mr. Donofrio's research is excellent. However, we are spending many cycles about statute while ignoring its intent.

Mr. Jay wanted to ensure the commander in chief of our armed forces had sole allegiance to the United States.

The armed forces prevent dual citizens from serving due to their questionable allegiance. They too must have sole allegiance to the United States.

If officers and enlisted personnel are required a strict form of allegiance, why would the president be allowed to command an army against an enemy to which he owes allegiance by birth or by statute???

13 posted on 02/07/2012 2:55:44 PM PST by devattel
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To: devattel

Great point DeVattel!


14 posted on 02/07/2012 3:02:24 PM PST by Danae (Anailnathrach ortha bhais beatha do cheal deanaimha)
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To: Albion Wilde

This is quite a read, very detailed. Does this mean that WKA will have to be retried and overruled in a “birther” challenge to Obama’s grip on the seat of authority? Can you sum this up in a few words — I haven’t yet thought the whole thing through. Thanks for this note!


15 posted on 02/07/2012 4:07:18 PM PST by imardmd1 (Is. 1:18 "Come now, and let us reason together," saith The LORD ...)
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To: Danae
We need the definition covered on both sides -- (1) What one must be to be a natural(ly) born citizen, and (2) what must one not be to assure deselection re loyalties. Can he/she be in vitro fertilized to an otherwise childless couple? Are we at a point where paternity (or even maternity) ought to be proven by DNA be submitted for proof? What if the hypothesis of Frank Marshall Davis was really true and Obama Sr was just a stand-in? Hate to think about such things, but must look at it logically, not morally (Oliver Wendell Holmes' point of view). "Who is my father?" one could always ask. Used to be that "Who is my mother?" was never up for grabs (=how was Jewish heritage always certainly determined and passed). But -- now -- what? And -- in the future? Will we get clones?? Would certainly blur the reach of the Constitution ---
16 posted on 02/07/2012 4:42:05 PM PST by imardmd1 (Is. 1:18 "Come now, and let us reason together," saith The LORD ...)
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To: Danae
Now this may help propel WKA into the the dust-Binney of History! :-)
17 posted on 02/07/2012 4:57:36 PM PST by sourcery (If true=false, then there would be no constraints on what is possible. Hence, the world exists.)
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To: imardmd1

The mother and father are who are listed on the birth certificate at the time of birth. In the case of in-vitro, the same still applies. Same with a sperm donor. It is who is listed. Funny thing for Obama is, if his dad was listed as the Easter Bunny, he would be an NBC. Assuming the Easter Bunny is an American citizen ;) that is.

In the case of adoptions, it is who the adoptive parents are. The laws really are pretty clear about that now-a-days.

Minor v Happersett clearly states that those born in country to parents who are it’s citizens are Natural Born Citizens. The reasons for SCOTUS not pursuing this particular POTUS is multifaceted. 1) First “black” POTUS found ineligible and removed by SCOTUS is gonna attract some serious antipathy from a certain segment of the population. 2) Having to eradicate all the BS laws the cretin signed is gonna be a nightmare. 3) all the international treaties which are now totally void, another nightmare. 4) all the money the bastard has stolen from US, the PEOPLE to give to his BFF’s in big business, wall street, and the auto industry, oh yeah and the unions, is ALL stolen money.... 5) then there is the constitutional issue of who succeeds him... is is Joe, or is it John Bohner?

This is why I have been calling this a constitutional crisis on the magnitude of the civil war. We have never faced it before as a nation and our Judicial branch is NOT handling it at all well.


18 posted on 02/07/2012 5:04:01 PM PST by Danae (Anailnathrach ortha bhais beatha do cheal deanaimha)
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To: All
I meant to say something about this earlier...

Now GOOGLE is scrubbing information off the internet. Is it just me or am I starting to turn into Mulder off the x-files... TRUST NO ONE.

"Besides Justice Gray’s infamous misleading quote from Binney appearing on pg. 666 of the Wong Kim Ark opinion, spookier anomalies have popped up throughout my research of the natural-born citizen issue. Of course, JustiaGate takes the prize and sets the standard for this kind of freaky malevolence. But just now it happened again with regard to the passage just quoted from the Great American Lawyers text. I downloaded the book from Google Books about eight weeks ago. And it’s to that downloaded copy which I have provided a link to above. The text is in the public domain and therefore, as of eight weeks ago, the entire book was available as a preview, and as a download from this link.

Well, it’s a good thing I downloaded it then, because as of today, Google has Justiafied the text, so that pg. 170 has been clipped from both the preview, and the downloadable version. The part about Justice Gray having the Binney paper in his private library has been scrubbed by Google as of today. Download the Google copy and compare it to the copy available here at my blog. They do not match. And this development has taken place recently, since I downloaded the full copy from Google Books just a few weeks ago. What a freak show, America. Raise the lights, dim the Twilight Zone theme, and let’s get down to business."

19 posted on 02/07/2012 5:07:29 PM PST by Danae (Anailnathrach ortha bhais beatha do cheal deanaimha)
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To: sourcery

“Ba Da Bump!”

LOL


20 posted on 02/07/2012 5:08:46 PM PST by Danae (Anailnathrach ortha bhais beatha do cheal deanaimha)
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To: Danae; All

This is possibly Leo’s best research so far.. such a tangled web!

The ‘birthers’ NEED a spokesperson, better PR, and a cohesive plan to get this info. out... this has such far reaching implications, yet, only a few are aware. National security’s greatest blind-side.


21 posted on 02/07/2012 5:28:53 PM PST by usar91B (The question recurs, "how shall we fortify against it?" - AL)
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To: usar91B

I agree. Leo is one of the best researchers out there!

As for a PR person, who would be doing the hiring? Who would be writing the checks? LOL I would do it. I am in Oregon, but if a SuperPAC wants to pay me... LOL I can write endlessly and I am pretty well versed in the subject.... (wink nod)


22 posted on 02/07/2012 6:11:02 PM PST by Danae (Anailnathrach ortha bhais beatha do cheal deanaimha)
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To: imardmd1; Danae
Are we at a point where paternity (or even maternity) ought to be proven by DNA be submitted for proof?

Bingo!

If we could only get a hold of some of his DNA and compare it to the families that are suppose to be his. Also, it would be great to find out if he really is half black as I could doubt it. He could just as well look Mid Eastern or Arabic. If he isn't African American (I have seen it said that the Obamas are actually Arabic transplants to Africa) how would all the blacks that voted for him because he is suppose to be black feel. At least they wouldn't riot if he was ousted. I really don't know who or what he is but sure would like to genetically find out.

23 posted on 02/07/2012 6:40:13 PM PST by Bellflower (The LORD is Holy, separated from all sin, perfect, righteous, high and lifted up.)
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To: Bellflower

Well, good luck getting THAT sample!

LOL

I just want the cretin out of office and preferably coolin his Al Green voice in the slammer.


24 posted on 02/07/2012 6:49:59 PM PST by Danae (Anailnathrach ortha bhais beatha do cheal deanaimha)
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To: Danae; Red Steel

Red Steel, check out Danae’s comment about Google scrubbing.


25 posted on 02/07/2012 8:03:45 PM PST by little jeremiah (We will have to go through hell to get out of hell)
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To: Danae; All

Well, there is a super pac —http://www.art2superpac.com in existence already.. there are hundreds of youtube videos on the subject. But we need a professionally made video to go viral...(good enough for TV ads) I’m not sure how to get it out of the ‘conspiracy theory’ zone though.. ..focus on the thought that the presidency could be hijacked, easily. IS there a group here in Free Republic, or could we create one to: Raise public awareness about the importance of the NBC clause in the Constitution and to propose a bill that would ensure that it is enforced nationwide??


26 posted on 02/07/2012 8:20:40 PM PST by usar91B (The question recurs, "how shall we fortify against it?" - AL)
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To: devattel

“The armed forces prevent dual citizens from serving due to their questionable allegiance. They too must have sole allegiance to the United States.”

But they allow non-citizens to enlist?

“Enlistment into the U.S. Navy, or any branch of the U.S. military, by citizens of countries other than the United States is limited to those foreign nationals who are legally residing in the United States and possess an Immigration and Naturalization Service Alien Registration Card (INS Form I-151/551 — commonly known as a “Green Card”). Applicants must be between 17 and 35; meet the mental, moral, and physical standards for enlistment; and must speak, read and write English fluently.”

http://www.navy.mil/navydata/navy_legacy_hr.asp?id=167


27 posted on 02/07/2012 9:10:34 PM PST by 4Zoltan
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To: usar91B

Oh my, I have no idea. FR runs on a shoestring budget as it is, so I don’t expect there is a solution there. I do know that those GOP-E’ers who are running things DO read FR. Beyond that, we are a somewhat unorganized bunch. But I do have to say, we were tea party before there WAS a tea party. So in that sense we do lead in a popularity sense. We are a good reflection of what mid right wingers are thinking and I think there is sincere value in that.

That being said, we are also a bit like herding cats, we all go after our own mice. :)


28 posted on 02/07/2012 9:23:01 PM PST by Danae (Anailnathrach ortha bhais beatha do cheal deanaimha)
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To: Danae

I’m behind on this issue. I thought there weren’t any more eligibility cases in the pipeline? What case(s) are still out there that might come to SCOTUS?

I don’t think this GA ballot issue can be appealed to SCOTUS because it’s up to the several states to determine eligibility to be on the ballot and now Malahi and GA’s SoS have both determined Obama is, by their lights, eligible to be on the GA ballot. Of course, I never thought it was within the purview of an ALJ to interpret “natural born citizen,” either.

It’s a little late for Obama but we have a full generation of “anchor babies” who, as it stands, are deemed eligible to run for POTUS. The evading this SCOTUS has done on this question is very unfortunate.


29 posted on 02/07/2012 9:35:48 PM PST by EDINVA
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To: 4Zoltan

You are correct. I should have clarified those in authority, i.e. officers and their superiors are not allowed to be dual citizens. Those with security clearances are also not allowed to obtain them with dual citizenship.

Your post is most timely, however. Imagine green card holders enlisting from Iran and the commander in chief was also Iranian. Enlisted personnel are required in their Oaths to abide by the orders of their superiors without question, including their commander in chief. Would this not cause a conflict of interest and introduce a possible threat of a military coup?

If anyone questions this as being impossible, one should review their Civil War references, or any other nation within the past 50 years where a military coup was successfully completed.


30 posted on 02/07/2012 9:36:37 PM PST by devattel
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To: devattel; Danae; tophat9000; Libloather
If officers and enlisted personnel are required a strict form of allegiance, why would the president be allowed to command an army against an enemy to which he owes allegiance by birth or by statute???

Re: post 43 from this thread

http://www.freerepublic.com/focus/f-news/2842686/posts?page=1

"your never really an American till you start shooting at people from the old country....ask Eisenhower"

How many generations does it take to become that "American"?

31 posted on 02/07/2012 9:45:14 PM PST by thecodont
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To: Danae; bushpilot1; LucyT; Red Steel
IIRC, way back Leo did state at one time that WKA was correctly decided...to the extent that it did NOT make WKA an NBC but only “as much a citizen” as an NBC.

Now with this new research on the Binney boo-boo it appears Leo has made a convincing case that the much quoted “as much a citizen” passage was deleted as bogus in peer review at the law journal that published the final third edition of the paper.

As a result Leo is now taking the position that WKA was wrongly decided in even making WKA a citizen!

For those wanting to cut to the chase, here is the key section of Leo's piece as it relates to the WKA ruling:

quote

The note in the ALR version appears on pg. 13, and you can see that the following passage was stripped from the final edition:

“The right of citizenship never descends in the legal sense, either by the common law, or under the common naturalization acts. It is incident to birth in the country, or it is given personally by statute. The child of an alien, if born in the country, is as much a citizen as the natural-born child of a citizen, and by operation of the same principle.”

Justice Gray relied on this deleted, and discredited passage, not only on pgs. 665-666 of the Wong Kim Ark opinion, but he also relied on it in the holding, on pg. 693.

end quote

32 posted on 02/07/2012 9:59:49 PM PST by Seizethecarp
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To: patlin

http://www.freerepublic.com/focus/f-bloggers/2843568/posts?page=1#1


33 posted on 02/07/2012 10:07:35 PM PST by bushpilot1
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To: Seizethecarp
As a result Leo is now taking the position that WKA was wrongly decided in even making WKA a citizen!

"WEll DUH" as the 14th was not an act to create an additional path to citizenship, it is an act to protect against the denial of citizens as defined by A1 & A2. It's nice to see him finally admit it and in doing so he has gained some of my respect back. Not all, just some. I'll wait and see where he takes it from here and if he really stands for or against our founding principles.

34 posted on 02/07/2012 10:39:09 PM PST by patlin ("Knowledge is a powerful source that is 2nd to none but God" ConstitutionallySpeaking 2011)
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To: bushpilot1

Thx. very interesting indeed. Here’s my response: http://www.freerepublic.com/focus/bloggers/2843568/posts?page=34#34


35 posted on 02/07/2012 10:42:19 PM PST by patlin ("Knowledge is a powerful source that is 2nd to none but God" ConstitutionallySpeaking 2011)
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To: Danae
That isn’t what Leo is doing here, he isn’t informing the average lay person per say. He is offering research for use by the lawyers who are litigating Obama’s ballot eligibility cases.

Maybe, but it doesn't come across as useful research when it's filled with unnecessary asides:

"Still, the opinion doesn’t run and hide like a sissy from tough issues."

"Consider that Justice Gray was appointed by Chester Arthur, a man born of an alien father. "

"Unfortunately, in U.S. v. Wong Kim Ark, we have the second worst piece of stinky refuse the Court has ever passed wind upon."

"But first, let me stoke your paranoia."

Stuff like this waters down the point and its generally sloppy. Are lawyers supposed to be presenting this as part of their analysis?? Courts don't want to wade through a bunch of excessive verbiage any more than the average person. If we're going to attack WKA as the second worst SCOTUS decision, then you're asking a court to go way over its head.

It's great that Leo found a problem with the Binney citation. There are plenty of other problems in the WKA decision too, such as citations to dissent in cases that don't support Gray's conclusion, etc. Packaging and framing those problems will work if it can be done in a way that doesn't require a court to think it needs to overturn a landmark SCOTUS decision. How are these points of law specifically relevant to Obama??

36 posted on 02/07/2012 10:50:41 PM PST by edge919
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To: edge919

Good grief. I would imagine that Leo can say what ever the heck he wants to on his blog. What better place to express ones OWN opinions and take on things? Leo has every right to.

The research stands on its own, and that’s the hallmark of good research.

He doesn’t appear to be writing a brief here, he is sharing a discovery. He has invested a lot of personal time into this, and simply offers it up for free to everyone. Cut the man some slack.


37 posted on 02/08/2012 8:49:52 AM PST by Danae (Anailnathrach ortha bhais beatha do cheal deanaimha)
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To: DiogenesLamp; edge919; rxsid; Red Steel

Reports of cases adjudged in the Supreme Court of Pennsylvania, Volume 1

By Horace Binney, Pennsylvania. Supreme Court

The book is full view.

Vattel is referenced as law in Pennsylvania.

http://books.google.gm/books?id=INkUAAAAYAAJ&printsec=frontcover&dq=inauthor:”Horace+Binney”&hl=en&sa=X&ei=ZdAyT-7YMuudiAek5_mUBQ&ved=0CDsQ6AEwAg


38 posted on 02/08/2012 1:01:18 PM PST by bushpilot1
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To: Danae

Dana, if Free Republic was Leo’s blog, then you might have a point. His research doesn’t necessarily stand on its own because it hasn’t been tested. If that’s too blunt, so be it.


39 posted on 02/08/2012 1:26:00 PM PST by edge919
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To: edge919

Well, Leo doesn’t post here. In this case, I did. SO holding Leo responsible for that is nonsensical to begin with.

As for Leo’s research, every time he makes a claim, EVERY TIME, he sources it, and makes it available to everyone to see it for themselves. Are all his conclusions correct? Well, I have yet to see the man proved wrong, it doesn’t happen very often. His critical thinking is undeniably very acute indeed.

So if you want to challenge his conclusions, you are welcome to as it is part of a healthy discussion, which ultimately is the main point. If we do NOT discuss it and come to our own conclusions, then we are merely being dictated to by the powers that be who tell us what to do and think. Thanks but no.

So please do challenge Leo’s research, bring research of your own to the table and lets discuss it. But lets do so in a spirit of truth and a dedication to logical critical thinking. Not out of a blind knee jerk reaction due to a source who rubs you the wrong way. I will try to do the same! :)

FReep on Bro!


40 posted on 02/08/2012 5:58:41 PM PST by Danae (Anailnathrach ortha bhais beatha do cheal deanaimha)
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To: devattel

>Enlisted personnel are required in their Oaths to abide by the orders of their superiors without question, including their commander in chief.

Untrue; they are only required to follow *lawful* orders.

>Would this not cause a conflict of interest and introduce a possible threat of a military coup?

Given the situation as is, where the President’s eligibility (and therefore position as Commander In Chief) is in question AND no person in authority will address the issue... well, it could be argued that the military coup *IS* the only lawful solution — as they are oathbound first, and foremost, to the Constitution.


41 posted on 02/09/2012 11:13:10 AM PST by OneWingedShark (Q: Why am I here? A: To do Justly, to love mercy, and to walk humbly with my God.)
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