Judge Emmet Sullivan Rules 14th Amendment Did Not Repeal Natural Born Citizen Requirement

ORYR ^ | Monday, October 1, 2012

[Red Steel]

U.S. District Judge Emmet Sullivan Rules Natural Born Citizen Requirement Not Repealed By The 14th Amendment Or The 5th Amendment

Abdul Karim Hassan vs FEC - Court Opinion - District Court for the District of Columbia - 10/1/2012

MEMORANDUM OPINION

"Plaintiff Abdul Karim Hassan brings this action against the Federal Election Commission (“FEC”), seeking a declaratory judgment that (1) the Presidential Election Campaign Fund Act, 26 U.S.C. §§ 9001-9013, which provides public funding to Presidential nominees of major or minor political parties, is unconstitutional and invalid, and (2) the natural born citizen clause of the Constitution1 is irreconcilable with, and has been “trumped, abrogated and implicitly repealed” by, the Equal Protection guarantee of the Fifth Amendment and the Citizenship Clause of the Fourteenth Amendment."

--JUMP--

"Hassan’s challenge to the Fund Act rests on his contention that the natural born citizen requirement has been implicitly repealed by the Fifth and Fourteenth Amendments. The Court need not repeat the thorough and persuasive opinions issued by its colleagues in at least five other jurisdictions, all of whom determined that the natural born citizen requirement has not been implicitly repealed by the Fifth and Fourteenth Amendments."

"Moreover, the Supreme Court has consistently held that the distinction between natural born citizens and naturalized citizens in the context of Presidential eligibility remains valid."

"Because the natural born citizen requirement has not been explicitly or implicitly repealed, Hassan’s challenge to that provision, and the Fund Act’s incorporation thereof, must fail."

CONTINUED HERE: http://www.scribd.com/doc/108620619/Abdul-Karim-Hassan-vs-FEC-Court-Opinion-District-Court-for-the-District-of-Columbia-10-1-2012

MORE HERE: http://www.fec.gov/press/press2012/20121001_Hassan_v._FEC.shtml

BACKGROUND ON HASSAN'S CASE HERE: http://obamareleaseyourrecords.blogspot.com/2011/09/fec-unanimously-ruled-foreign-born.html

[Red Steel]

This DC Federal judge states the obvious to anyone who has seriously studied this issue.

[Hardraade]

Muslims and Arabs, Arabs and Muslims - why do you allow them in the country??

[Tennessee Nana]

PING

[Qwackertoo]

Paging Mitt Romney, Fox News and anybody else that will listen. Oh Donald Trump, please pick up the red phone.

I pray I live long enough to see Obama shown as the fraud he is.

[Josephat]

I pray I live long enough to see Obama shown as the fraud he is.

Me too. I didn’t know I could dislike someone so intensely. It would feel good to see him humiliated and imprisoned.

[centurion316]

The overwhelming conventional wisdom among the Judiciary is that the 14th Amendment modified the natural born citizen definition to mean Jus Solis , or born on the soil of the United States without regard to the citizenship of the parents. This widespread belief is one of the reasons why the courts have scoffed at any challenge to Obama's eligibility. If this ruling were upheld by the higher courts, it would cause problems for Obama, but, of course, would come too late to make any difference.

My guess is that this opinion will not hold.

[longtermmemmory]

This does nothing about establishing a third type of citizenship. It only says there are two. A naturalized person can not run for president is still law. This has nothing to do with the “birther” issue of obama. This is some kook who was trying to run for president and obtain “free money”. The five other cases were all his and all on the same issues.

This was a waste and should have been headlined less deceptivly.

[Red Steel]

This does nothing about establishing a third type of citizenship. It only says there are two. A naturalized person can not run for president is still law.

Here's where you get it wrong. The 14th Amendment is naturalization as to make citizens who where not citizens before to become citizens at birth. The 14th Amendment is manmade, which has nothing to do with natural law.

[phockthis]

sfl

[Texas Fossil]

The overwhelming conventional wisdom among the Judiciary is that the 14th Amendment modified the natural born citizen definition to mean Jus Solis , or born on the soil of the United States without regard to the citizenship of the parents.

Source of your statement?

[rmh47]

Muslims and Arabs, Arabs and Muslims - why do you allow them in the country??

I have no problem with Arab Christians coming to this country. Many have and been model citizens, contributing greatly to our country's welfare.

[Venturer]

Obama will be sending some people over to talk to the Judge.

[SvenMagnussen]

Obama went to Indonesia as an American and came back to America as an Indonesian. In 1983, Obama naturalized as U.S. Citizen.

Obama is ineligible to be POTUS or VP because of his Certificate of Naturalization.

[WildHighlander57]

Obama went to Indonesia as an American and came back to America as an Indonesian. In 1983, Obama naturalized as U.S. Citizen.

Obama is ineligible to be POTUS or VP because of his Certificate of Naturalization.”

Do you have a link, PDF, word document, etcetera to support what you said?

[centurion316]

Oh, let's start with Justice Scalia's opinion who believes that it's Jus Solis (found here):

Scalia opinion

I'm not a research service, so you're on your own for the rest.

[STJPII]

Interesting.

[MHGinTN]

Guano ... meant to leave the impression that Justice Scalia says ONLY jus soli. Someone is working hard to cover little barry bastard commie’s flanks.

[sometime lurker]

Don’t get your hopes up - Sven frequently makes wild statements that he never backs up.

[longtermmemmory]

I am read the opinion. It states there are only two citizens. There is no discussion at all to the “birther” issue. It is in the link.

[Seizethecarp]

Per DC Circuit Judge Sullivan:

“Moreover, the Supreme Court has consistently held that the distinction between natural born citizens and naturalized citizens in the context of Presidential eligibility remains valid.”

I don't recall any such SCOTUS holding “in the context of Presidential eligibility,” rather only holdings relating to NBC issues concerning persons who were not presidential candidates, such as Mrs. Minor, or Elk and Elg.