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To: Lancey Howard

Some divine intervention would be most welcome right now.


3 posted on 09/30/2008 4:54:03 PM PDT by beckysueb (Drill here! Drill now!)
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To: beckysueb

“There is a God” as the Dems would say.

I’m not banking on this, but it sure would be awesome.


6 posted on 09/30/2008 4:59:17 PM PDT by arichtaxpayer (We will not tire, we will not falter, and we will not fail.)
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To: beckysueb
First, let me say I'm not a lawyer. Second, I found this blog interesting. See 5th para, "To be a ..." Food for thought I guess with the courts involved.

 

Mitchell Langbert's Blog

Monday, August 11, 2008

Definition of Natural Born Citizen

[snip]

Benjamin then goes on to quote Supreme Court Justice Noah Haynes in United States v. Rhodes:

In United States v. Rhodes, Supreme Court Justice Noah Haynes Swayne (December 7, 1804 – June 8, 1884) addressed the issue as follows:

“All persons born in the Allegiance of the King are Natural- Born subjects, and all persons born in the Allegiance of the United States are Natural-Born Citizens. Birth and Allegiance go together. Such is the Rule of the Common Law, and it is the Common Law of this country…since as before the Revolution.”

Benjamin concludes:

"To be a Natural Born Citizen one has to be born in a State, or Condition of, Allegiance to the USA. A person with Dual Nationality due to having parents of differing Nationality, who both acknowledged the Birth, is not so born. Their Allegiance is, by definition, divided. Subsequent acquisition of Nationality produces the same problem."

Benjamin goes on to quote Blackstone's Commentaries on the Laws of England:

"And this maxim of the law proceeded upon a general principle, that every man owes natural allegiance where he is born, and cannot owe two such allegiances, or serve two masters, at once.... To encourage also foreign commerce, it was enacted by statute 25 Edw. III. st. 2. that all children born abroad, provided both their parents were at the time of the birth in allegiance to the king, and the mother had passed the seas by her husband’s consent, might inherit as if born in England."

Benjamin also quote the US State Department:

"dual nationals owe allegiance to both the United States and the foreign country"

He argues that:

"The whole point of Article II is that the President must have absolute and total Allegiance to the United States of America and no Foreign Ruler or Government, Church, or Political Entity...The purpose behind the exclusion of Naturalized Citizens is that the President must never even have had such an Allegiance in the past"

[snip ends]

22 posted on 09/30/2008 5:15:14 PM PDT by K-oneTexas (I'm not a judge and there ain't enough of me to be a jury. (Zell Miller, A National Party No More))
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