Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: danamco; Danae; LucyT
You will recall that until Heller was decided, lots of constitutional scholars said that gun rights weren't individual...and even now Heller only applies to DC and my understanding (not a lawyer) is that it won't apply retroactively if confirmed nationally!

In the same way, lots of constitutional scholars say if Obama was born in HI and even if his father was a UK subject, Obama is a constitutional “natural born citizen” because of the 14th amendment and Wong Kim Ark. I disagree, but only a Supreme Court decision can ultimately refute them. If the Supreme Court ruled against him, Obama’s ineligibility based on his UK subject father might not apply retroactively and he might get a pass. No one including Obama can say for certain how the Supreme Court would rule on D’Onofrio’s theory of Obama’s ineligibility.

In contrast, there is near total agreement that if Obama was born outside the US and not even on or near a US base to two US citizen parents, he would not be a natural born citizen. It has been beaten into the public brain that an HI birth is the single thing that makes his a natural born citizen.

If Obama hid a foreign birth or knew that his HI vital records had been amended and hid it, that would be fraud. Even this Democratic Congress would impeach Obama for such a fraud, in my view.

163 posted on 12/08/2009 12:56:08 PM PST by Seizethecarp
[ Post Reply | Private Reply | To 155 | View Replies ]


To: Seizethecarp

I believe that retroactive citizenship would be more than just a long shot. It is a circumstance of Birth. Wong Kim Ark was quite clearly decided to be a citizen, but NOT a natural Born Citizen and the decision makes that very clear distinction.

If anything, Wong Kim Ark makes the distinction between citizen and Natural Born citizen very clear.

Read this article carefully, it is dated from 1884, during the term of another unconstitutional President,Chester Arthur.
http://www.scribd.com/doc/19071886/Are-Persons-Born-Within-the-United-States-Ipso-Facto-Citizens-Thereof-George-D-Collins

It is very clear, Citizens born in the country, of a father who is an alien, are NOT natural Born citizens.


164 posted on 12/08/2009 2:02:54 PM PST by Danae (No political party should pick candidates. That's the voters job.)
[ Post Reply | Private Reply | To 163 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson