Skip to comments.Citizenship Jeopardy (al-Awlaki only a "presumed" citizen...eligible to be POTUS?)
Posted on 10/22/2011 10:04:56 AM PDT by Seizethecarp
Trivia question: What do Anwar al-Awlaki, Yaser Esam Hamdi, and newborn twin daughters of Mexican drug lord Joaquin Guzman have in common?
You were probably ready to hit the buzzer and answer something like "What is Islamic terrorism"-until you finished reading the entire question.
The correct answer: "What is 'presumed' US citizenship."
The adjective "presumed" was used by Justice Scalia to describe Hamdi's US citizenship in the famous 2004 case of Hamdi v. Rumsfeld.
Although Justice Scalia did not elaborate on his usage of "presumed" in the opening of his dissenting opinion in Hamdi, the government's Respondent brief and both amicus briefs referenced above used the same terminology. It could be argued that the entire case rested on the questionable premise of Hamdi's US citizenship.
The Court appeared to follow just such a two-step analysis in the famous 1875 women's suffrage case of Minor v Happersett.
(Excerpt) Read more at americanthinker.com ...
I don’t care if he was citizen or not- when you JOIN THE ENEMY you lose your right not to be shot at and killed
Not any more, however he *is* eligible to VOTE in Chicago....
“presumed” talk about a pile of **** ?
Well, I can only guess the word “presumed” will be used to explained why Pelosi ok’d Dumbo’s eligibility. Maybe something is a foot?
I don’t have the ping list for those that follow the eligibility stuff, but figured one of you might have it and want to ping the list.
Why not have the Congress create a strict list if citizenship requirements? Then the courts will have to rule on it at some point.
We would need 60 solid constitutionalist senators and a constitutionalist president for that legislation to pass on naturalization.
Leo Donofrio argues that regarding NBC requirement for POTUS no new constitutional amendment is needed because SCOTUS already ruled on the NBC definition of born on US soil to two citizen parents in the Minor v. Happersett case.
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