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4 Supreme Court Cases define "natural born citizen"
The Post Mail ^ | 10/18/2009 | John Charlton

Posted on 03/14/2010 12:04:10 PM PDT by etraveler13

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To: MestaMachine
I think it never occurred to them that we would become so UNEDUCATED that this would even be a problem. They expected us to understand what they understood.

I believe we're witnessing the effects of the enormous chasm of difference in basic education and the simple meanings of words that has built up over the centuries.

The Democrats could never have gotten away with something so brazen as the election of a man with one British parent a century ago. Even the most uneducated in the voting population of that era understood that their President had to be an American citizen who was born to parents who were themselves, citizens of this country.

As I've said before, if the Framers were alive today, they'd tell us that the second American Revolution is at least 75 years overdue.

81 posted on 03/14/2010 2:07:50 PM PDT by Windflier (To anger a conservative, tell him a lie. To anger a liberal, tell him the truth.)
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To: frog in a pot

Thank you for this contribution of this information to our dialogue.


82 posted on 03/14/2010 2:10:55 PM PDT by etraveler13
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To: Arthur Wildfire! March
A counterpoint has its place. I don’t think we should exclude all naysayers from the forum.

Neither do I, but you can quickly tell the difference between someone who has an honest difference of opinion, and someone who is relentlessly batting down every single reasoned argument in this issue (and others).

83 posted on 03/14/2010 2:11:33 PM PDT by Windflier (To anger a conservative, tell him a lie. To anger a liberal, tell him the truth.)
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To: scottiemom

YET....


84 posted on 03/14/2010 2:12:17 PM PDT by etraveler13
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To: Windflier

True, some people are like jackals who try to wear you down through brainless circular arguments. That is counterproductive.


85 posted on 03/14/2010 2:14:29 PM PDT by Arthur Wildfire! March (Weakening McCain strengthens our borders, weakens guest worker aka amnesty)
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To: etraveler13
For Obama to be a Natural Born Citizen...
1. He has to be born in the United States
2. Both parents must be Natural Born Citizens.

Correct, except point 2 is more extreme than what is required for Natural Born Citizen status.

NBC simply requires two US Citizen parents. They themselves don't have to be NBC.

86 posted on 03/14/2010 2:14:43 PM PDT by Windflier (To anger a conservative, tell him a lie. To anger a liberal, tell him the truth.)
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To: Red Steel; Windflier
In re: Obama apologists on FR.

There are some flaming obots, for sure. OTOH, realists, among whom I fearlessly count myself, are looking at the mess and realizing that even if all goes well on the legal front, chances are there will be no definitive, usable result until after BHO, Jr.'s first fraudulent term is over.

IMHO, there are two goals:
(1): Prevent BHO, Jr. from attempting a 2d term. Looks to me like he's already planning it! Keep up the pressure on the Writ of Quo Warranto front.
(1a): The Birth Certificate: This document is available by Hawaiian Law to any citizen who asks for it. That's because it was the basis of an official pronouncement made by Hawaiian officals. It is pretty much a cut-and-dried freedom of information issue. (Hawaiian Uniform Information Practices Act-UIPA) Yet, I see no action shaping up in Hawaii to parallel the activities in the Federal District Court of Washington, DC.
(1b): Although this is all second nature to us, the public at large knows nothing but what the MSM tells them, turning it all into a demeaning, pro-Obama "Birther" moment. "Hey, TV News viewers, look at what these crazy racist NAZI Homophobe Birthers are doing today!" Professional PR can only be countered by same. Let's just do that.

(2): Make damn sure this can never happen again by having the Republican Party sponsor legislation on the State Level in those states lucky enough to have Republican legislatures and governors. The goal ought to be 10 states. 5 would be enough!

My last recommendation: Wealthy behind-the-scenes talk show hosts should properly fund and equip the good lawyers who are on the Writ of Quo Warranto quest. Ditto (I say "ditto") the Hawaiian BC quest. At the very least they should set up an organization to raise the support needed. And to send my favorite dentist on a fact-finding tour of Outer Mongolian legal and dental clinics before she terminally fouls up the Quo Warranto issue with a killer contrary ruling occasioned by one of her patented pleadings.

87 posted on 03/14/2010 2:16:01 PM PDT by Kenny Bunk (Obama? Definitely eligible to be Prime Minister of the UK.)
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To: etraveler13
"It thus clearly appears that by the law of England for the last three centuries, ... every child born in England of alien parents was a natural-born subject, unless the child of an ambassador or other diplomatic agent of a foreign state, or of an alien enemy in hostile occupation of the place where the child was born. ... The same rule was in force in all the English colonies upon this continent down to the time of the Declaration of Independence, and in the United States afterwards, and continued to prevail under the constitution as originally established." - United States v. Wong Kim Ark, 169 U.S. 649 (1898)

Although this case did not turn of the issue of the definition of natural born citizen, it was a 7-2 decision and the majority signed off on the above definition instead of the Vattel one. This would seem to mean that anyone bringing a Supreme court case against Obama on eligibility grounds would have to be prepared to overcome this precedent.

I have heard Scalia saying that the only foreign law he looks to in deciding a case is the English Common Law. Perhaps that means that he would favor the definition of "natural-born" given in the above case over the Vattel one.

88 posted on 03/14/2010 2:16:50 PM PDT by wideminded
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To: MestaMachine
I believe the Framers intended that BOTH parents be born here.

Not that I disagree with your concept of NBC. I rather like the idea of NBC extending back two generations, which would be an even stronger deterrent to foreign interlopers and usurpers of the office of President.

However, I don't believe that Vattel's description of NBC extends beyond one generation (that of the person in question).

89 posted on 03/14/2010 2:19:53 PM PDT by Windflier (To anger a conservative, tell him a lie. To anger a liberal, tell him the truth.)
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To: Kenny Bunk

1. Prove historically for all time that the DNC was tricked into nominating someone without proper vetting.


90 posted on 03/14/2010 2:20:38 PM PDT by Arthur Wildfire! March (Weakening McCain strengthens our borders, weakens guest worker aka amnesty)
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To: etraveler13

And I stand strongly in support of yours - the truth.


91 posted on 03/14/2010 2:22:00 PM PDT by mcshot (The government can't give without first taking away - and we're being robbed.)
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To: Kenny Bunk

Those goals you have espoused are achievable even in an atmosphere of political correctness and the lack of personal and political courage.


92 posted on 03/14/2010 2:25:43 PM PDT by Red Steel
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To: Kenny Bunk; etraveler13; Las Vegas Ron; Frantzie

“I think we’ll be able to prove that BHO, Jr. did the same ... in 5 (years).”

Cheer up, fella’.
We may not need to prove O pulled a scam if we can set the stage for his resignation. And that will not require 5 years. It could be <5 months.

Republicans with a spine should move to convene a Congressional subcommittee for the nonpartisan purpose of curing the breach that occurred during the Jan 8, 2009 certification of Electoral Votes (its failure to adhere to the provisions of 3 USC 15). That is to say, the subcommittee would receive and investigate objections and generally act as a clearing house prior to further and separate consideration by each chamber of the Congress.

In anticipation that the subcommittee would receive an objection based on O’s eligibility, the subcommittee shall have been empowered to 1) obtain from the Governor of HI certified copies of any and all birth documents, and 2) make application to the USSC for a definition of the term “natural born citizen”.

It would seem likely, if the facts are as we believe them to be, that O’s handlers would arrange for his resignation.


93 posted on 03/14/2010 2:26:17 PM PDT by frog in a pot (Wake up America! There is presently a war at home against you and your Constitution)
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To: GBA

What we have here is a political party stuck with a mess on its hands. They tried to make us out to be kooks, but it’s getting harder for them to do it all the time.


94 posted on 03/14/2010 2:27:08 PM PDT by Arthur Wildfire! March (Weakening McCain strengthens our borders, weakens guest worker aka amnesty)
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To: Windflier; Beach555
The phrase, “the law of nations” isn’t capitalized in Article I, Section 8. Is it capitalized elsewhere?

In a copy of the handwritten copy of the Constitution that I have, the "L" and "N" of "the Law of Nations" in Article I, Section 8 is most definitely capitalized.

95 posted on 03/14/2010 2:27:47 PM PDT by Uncle Chip (TRUTH : Ignore it. Deride it. Allegorize it. Interpret it. But you can't ESCAPE it.)
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To: wideminded
Wong Kim Ark tells us that a Naturalized Citizen, a Native Born Citizen, and a Natural Born Citizen are all citizens, equal before the law.

It does not tell us that they are all the same thing! All the sandwiches in a Subway Shop are all equally good sandwiches. One is not a "better" sandwich than another. But, they are not all Italian Deli Sandwiches.

Article II is not about your Civil Right to run for President. It is about national security. What if Mama Obama had married Fidel Castro? Young Barack Castro, if he were born in Hawaii, would NOT be a Natural Born Citizen.

But, he would be a native born citizen, equal to any of us before the law. Which, at one point, was all, BHO, Jr. ever claimed to be.

96 posted on 03/14/2010 2:30:07 PM PDT by Kenny Bunk (Obama? Definitely eligible to be Prime Minister of the UK.)
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To: Arthur Wildfire! March

Gee, 90 plus posts and no after-Birther? They must be having Saturday night hangovers and haven’t adjusted to the daylight savings time change. ;-)


97 posted on 03/14/2010 2:30:51 PM PDT by Red Steel
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To: etraveler13

FYI: Barack Obama Eligibility Lawsuits
Last Updated March 8, 2010.

Case /Court /Status
“Allen v. Soetoro” (Freedom of Information Act) Arizona District: FILED

“American Grand Jury” (Ellis) TN Middle: Dismissed

“American Grand Jury” (Laity, Campbell) NY West: Rejected

“Ankeny v. Daniels” (and McCain) Indiana State: Dismissed; Appeal Indiana Court of Appeals: Dismissal Affirmed

“Barnett v Obama, formerly Keyes v Obama et al” Fed CA Central Filed; 09-56827; Appeal by Robinson/Drake; 10-55084 Appeal filed by Taitz 9th Circuit: PENDING The Court consolidated appeals 09-56827 and 10-55084 28-June-2010

“Berg v. Obama et al” Fed PA Eastern Dismissed, 08-4340 3rd Circuit Appeals Dismissed; SCOTUS Denied

Berg v. Obama Fed DC District: Dismissed; 09-5362 DC Circuit: APPEALED

“Beverly v. FEC” CA Eastern District: Dismissed ; 09-15562 9th Circuit: Appeals Dismissed 09-794 SCOTUS: PENDING

“Brockhausen v. Andrade” Texas State: Dismissed

“Broe v. Reed” Washington State Supreme: Dismissed

“The Church of Jesus Christ Christian/Aryan Nations of Missouri et al v. Obama et al”; 08-3405-CV-S-AFS Fed MO West Sealed: Dismissed

“Cohen v. Obama” DC District Federal Court: Dismissed

“Connerat v. Browning” Florida state: Dismissed

“Connerat v. Obama” FL Small Claims: Dismissed

“Cook v. Good et al” GA Middle Dismissed; 09-14698C 11th Circuit: Dismissed

“Cook v. Simtech” FL Middle: Dismissed

“Craig v. US”: CIV-09-0343-F OK West Judgment in favor of defendant: 09-6082 10 Circuit USCA Dismissal Affirmed: 08-10817 SCOTUS Writ Denied 29-Sep-2009

“Dawson v. Obama” California Eastern District: Dismissed
“Donofrio v Wells” NJ State: Dismissed: NJ Supreme Court: Denied: SCOTUS: Denied

“Ealey v. Obama” TX Houston Dismissed

“Essek v. Obama” KY Eastern Dismissed

“Gopalan v Obama II et. al” CA Southern: Dismissed

“Greenberg v. Brunner”: Ohio State Court Wood County: Dismissed

“Hamblin v Obama/McCain” Arizona District: Dismissed 09-17014 9th Circuit
Dismissed

“Herbert v. Obama et al” Fed FL Middle: Dismissed; 09-6777 SCOTUS: Dismissed

“Hollister v. Soetoro” Fed DC: Dismissed 09-5161 DC: APPEALED

“Hunter v. Obama” TX Northern: Dismissed

“Judy v. McCain” Federal Court Nevada District: Dismissed

“Kerchner et al v. Obama et al” 1:09-cv-00253-JBS-JS Fed NJ Dismissed
09-4209 3rd Circuit: PENDING

“Keyes v. Bowen” Superior Court of CA: Dismissed

“Keyes v. Lingle:” Dismissed: Reconsideration Denied

“Lightfoot v. Bowen” SCOTUS: Denied

“Marquis v. Reed” WA state: Dismissed

“Martin v Lingle” HI State: Dismissed; 29643 HI State Appeal: Dismissed

“Morrow v. Barak Humane Obama” Fed FL Miami: Dismissed

“Neal v. Brunner” Ohio State: Dismissed

“Neely v. Obama” MI Eastern: Dismissed

“Patriot Heart’s Network v Soetoro” Federal Court DC: Dismissed

“Rhodes v. Gates” TX West: Denied

“Rhodes v. MacDonald” GA Middle: Denied

“Roy v. Obama” Fed HI: Dismissed

“Schneller v. Cortes” PA Supreme Court: Denied; US Supreme Court: Dismissed

“Spuck v. Secretary of State” Ohio state: Dismissed

“Stamper v. US” Federal Court Ohio Northern District: Dismissed

“Strunk v. Patterson et al” NY State: Dismissed

“Strunk v. NY State Board of Elections” NY Eastern: Dismissed

“Strunk v U.S. Department of State” 1:2008cv02234 FOIA Fed District of Columbia Filed, Discovery staid; 09-5322 DC Circuit: APPEALED

“Sullivan v. Marshall” NY State: Dismissed

“Super American Grand Jury” Federal DC District Court: Dismissed

“Taitz v Obama” Federal DC District Court: FILED

“Thomas v. Hosemann” Fed Dist Hawaii: Dismissed

“Terry v. Handel” GA state: Denied

“Welch v. Mukasey et al” NY Northern District: Dismissed

“Wrotnowski v. Bysiewicz” CT State: Dismissed: 08A-469 SCOTUS: Denied


98 posted on 03/14/2010 2:31:23 PM PDT by jamese777
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To: Uncle Chip
In a copy of the handwritten copy of the Constitution that I have, the "L" and "N" of "the Law of Nations" in Article I, Section 8 is most definitely capitalized.

Hmmm..... Looks like Applewood Books of Bedford, MA is guilty of a rather glaring oversight. They didn't capitalize those two words in my pocket edition of the US Constitution (ISBN 1-55709-105-6).

99 posted on 03/14/2010 2:33:18 PM PDT by Windflier (To anger a conservative, tell him a lie. To anger a liberal, tell him the truth.)
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To: Red Steel

A six day work week or an emergency meeting?


100 posted on 03/14/2010 2:40:10 PM PDT by Arthur Wildfire! March (Weakening McCain strengthens our borders, weakens guest worker aka amnesty)
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