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To: Nero Germanicus
Justices Scalia and Thomas would disagree with you on Wong. They cited from US v Wong Kim Ark in their ruling in Miller v Albright 523 US 420 (1998): “The Constitution contemplates two sources of citizenship and two only, birth and naturalization. Under the Fourteenth Amendment, “[e]very person born in the United States, and subject to the jurisdiction thereof, becomes at once a citizen of the United States, and needs no naturalization.”

This says there are two "SOURCES" of citizenship, but it does NOT say that there is only one class of citizenship per each source. Under naturalization law, we know there are several classes. Under birth citizenship, the Supreme Court has pointed out at least TWO different classes.

There is no member of the current court who believes that there is a distinction between a Citizen of the United States At Birth and a Natural Born Citizen.

This is speculation that simply isn't supported by your citation. Let's see which one of these justices is willing to overrule the unanimous decision in Minor. The Wong Kim Ark court was NOT willing to do this. And the Luria court cited Minor and NOT Ark on establishing a precedent on presidential eligibility.

119 posted on 03/10/2013 9:02:50 PM PDT by edge919
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To: edge919

There have been 20 SCOTUS appeals for Petitions For Writs of Certiorari, Applications for Stays and Applications for Injunctions which have been heard in Conference. Any single Justice can place a Cert Petition on the Discuss List and any single Justice can grant an injunction or a stay.
When a Justice places a petition on the Discuss List, the appellee is always asked to submit a brief in opposition so that the Justices can read both sides’ legal positions.
There has never been an Appellee Brief requested or submitted in an Obama eligibility petition or application.
Anderson v Obama (Petition for rehearing)
Barnett v Obama (Cert Petition)
Berg v Obana (Application and Cert Petition)
Beverly v FEC (Cert Petition)
Craig v US (Cert Petition)
Donofrio v Wells (Application)
Farrar v Obama (Application and Cert. Petition)
Herbert v US (Cert Petition)
Hollister v Soetoro (Cert Petition)
Kerchner v Obama (Cert Petition)
Keyes v Bowen (Cert Petition)
Lightfoot v Bowen (Application)
Noonan v Bowen (Application)
Purpura v Sibelius (Cert Petition)
Rhodes v MacDonald (Application and Cert Petition)
Schneller v Cortes (Application and Cert Petition)
ex. rel Sibley v Obama (Cert Petition)
Sibley v DC Board of Elections (Cert Petition)
Welden v Obama (Cert Petition)
Wrotnowski v Bysiewicz (Appkication)

Minor was a women’s suffrage action and US v Wong Kim Ark came 23 years AFTER Minor.

Allen v Obama, Arizona Superior Court Judge Richard E. Gordon: “Arizona courts are bound by United States Supreme Court precedent in construing the United States Constitution, and this precedent fully supports that President Obama is a natural born citizen under the Constitution and thus qualified to hold the office of President. Contrary to Plaintiff’s assertion, Minor v. Happersett, 88 U.S. 162 (1874), does not hold otherwise.”—Pima County Superior Court, Tuscon, Arizona, March 7, 2012
http://www.scribd.com/doc/84531299/AZ-2012-03-07-Allen-v-Obama-C20121317-ORDER-Dismissing


123 posted on 03/10/2013 9:42:38 PM PDT by Nero Germanicus
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