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Georgia Judge Michael Malihi is a cowardly traitor
http://english.pravda.ru ^ | February 6 2012 | Mark S. McGrew

Posted on 02/06/2012 4:32:19 PM PST by Para-Ord.45

Friday, February 3, 2012, for some kind of a bribe or because he was threatened, Georgia Judge Michael Malihi sold out his country and defecated on the constitution of The United States of America.

As an Administrative law judge in the State of Georgia, a case was presented to him to have Barack Obama removed from the ballot to run for President in the State of Georgia.

His actions have set precedence in American law that if a person is charged with a crime, the best defense, is to not show up for court. Law schools may now offer a course in "The Obama Defense".

Three separate legal teams presented evidence and witnesses to show that Obama is not eligible to run for President because he is not a natural born citizen. Obama produced no evidence, no witnesses and both he and his lawyer failed to show up for court in violation of a subpoena to do so.

Forget about what we think, whether he is, or is not a natural born citizen. Opinions don't count. Only evidence and witnesses count. But we're not dealing with rational minds in this case. We never have.

Judge Michael Malihi violated a basic rule of legal interpretation in his ruling. He violated our earliest Supreme Court ruling on how to interpret the Constitution. He ignored evidence. He ignored witnesses. He ignored earlier Supreme Court rulings establishing that the term "natural born citizen" means, one who is born in America to two American citizen parents.

As attorney Leo Donofrio points out on his website: http://naturalborncitizen.wordpress.com

"...this Court is 'not authorized either to read into or to read out that which would add to or change its meaning.' ...There is no dispute that Obama was born to a non-U.S. citizen father (his father was a British citizen) and U.S. citizen mother. Being born to an alien father, Obama also inherited his father's British citizenship under the British Nationality Act 1948.

All this demonstrates that Obama was not born in the full and complete legal, political, and military allegiance and jurisdiction of the United States. He is therefore not an Article II "natural born Citizen" and cannot be placed on the Georgia primary ballot."

It is impossible to believe, that Judge Michael Malihi, himself, believed, he was following the constitution and legal precedent. He knows he's a crook. He knows he's a liar. He knows, that in his ancestral home country, that unlike America, he would have his head chopped off for what he did.

He ignored the Constitution and at least three US Supreme Court rulings, defining Natural born citizen as one who is born in America to two citizen parents. He ignored the Law of Nations, that the founders of this country used to draft our constitution. He ignored the countless letters, written back and forth by our founders, defining natural born citizen and their reasons for why they would only accept a natural born citizen as their President.

(Excerpt)


TOPICS: News/Current Events
KEYWORDS: naturalborncitizen; sourcetitlenoturl
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To: philman_36
Do I need to continue?

If memory serves me correctly, the Afroyim v. Rusk case was about the govt who stripped a naturalized person of his citizenship due to a treasonous act, voting in a foreign nation. There was a time when allegiance meant allegiance to one nation and one nation only and one who came here, claimed allegiance to the US and then went and partook in the political rights of citizenship in their former nation, by that act, it was assumed they were not loyal to the United States thus they were stripped of their citizenship and rightly so. However, only the punishment (loss of citizenship) was changed, not the actual language of the 1868 Act that stated that under US law, one is to have but one loyalty & that is to the United States. And thus the reason the US State Dept to this day calls “dual citizenship” a “concept” and not a law, thus they have no legal right to protect a dual citizen when that person is in the country of their original citizenship, including babies born to aliens in the US should they get in trouble when in that foreign country. They are very clear on this subject at the US State Sept website.

The Expatriation Act is the foundation stone for the oath of allegiance ALL naturalized citizens must make before acquiring their official certificate of naturalization. If the 1868 Act is truly repealed, then the govt is illegally forcing naturalized citizens to renounce their former allegiances. I realize it is daunting and it took me 3 years of indepth study to get to the bottom of it all. But is is all there and according to US law, “jus soli” citizenship wherein a child is born a dual citizens is simply anathema to the US Constitution & the 14th Amendment.

161 posted on 02/06/2012 10:07:46 PM PST by patlin ("Knowledge is a powerful source that is 2nd to none but God" ConstitutionallySpeaking 2011)
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To: patlin
Most interesting...first use of "natural born citizen" in this lengthy article...
For example, in Terrazas v. Haig, 653 F.2d 285 (7th Cir. 1981), the Seventh Circuit concluded that Laurence Terrazas, a U.S. natural born citizen who had also acquired Mexican citizenship at birth by virtue of his father's Mexican citizenship, had adequately manifested an intention to renounce when, at age 22, he executed an application for a certificate of Mexican nationality. Id. at 286.

Did his Father naturalize to become a US citizen while still maintaining his Mexican citizenship???

162 posted on 02/06/2012 10:11:36 PM PST by philman_36 (Pride breakfasted with plenty, dined with poverty, and supped with infamy. Benjamin Franklin)
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To: sometime lurker

Did Obama’s mother lust after her father? Is that why she married an African. Did you read what was sent.

This makes Obama’s birth spurious. Do you know the meaning of a spurious birth? Do you know the meaning of a kind less birth?

An unnatural birth?


163 posted on 02/06/2012 10:13:22 PM PST by bushpilot1
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To: philman_36
Long recognized law my A$$. Only to those who consider legislating from the bench legal. They also misconstrue the Elg case. Elg was born to 2 citizen parents, she was not born a dual citizen and in fact; in the Elg case dicta(deciding opinion) the court clearly states that none but one born owing single allegiance to the United States(born to 2 citizen parents) can be president.
164 posted on 02/06/2012 10:13:50 PM PST by patlin ("Knowledge is a powerful source that is 2nd to none but God" ConstitutionallySpeaking 2011)
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To: philman_36

Terrazas v. Haig, 653 F.2d 285 (7th Cir. 1981) ... Not familiar with that case as I have not wandered the “Circuit” court cases, only the SCOTUS decisions. Got a linky?


165 posted on 02/06/2012 10:16:51 PM PST by patlin ("Knowledge is a powerful source that is 2nd to none but God" ConstitutionallySpeaking 2011)
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To: philman_36

“national” referes to a person born in a territory rather than a state.


166 posted on 02/06/2012 10:19:42 PM PST by patlin ("Knowledge is a powerful source that is 2nd to none but God" ConstitutionallySpeaking 2011)
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To: philman_36

“Nationals” as in Puerto Ricans are “nationals” not but not “citizens” as they have no legal representation in congress. That is why there is such a push to make them the 51st state. The libs just love abusing unsuspecting soles to promote more slavery to the govt via stripping them of their hard earned dollars via taxation. As of right now, Puerto Rican salaries/wages are not subject to taxation by the IRS.


167 posted on 02/06/2012 10:24:39 PM PST by patlin ("Knowledge is a powerful source that is 2nd to none but God" ConstitutionallySpeaking 2011)
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To: Kansas58

You’re living in the fantasy world of denial and deceit.

You are not honest in this debate. You’re an advocate.

No response necessary.


168 posted on 02/06/2012 10:28:35 PM PST by bushpilot1
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To: bushpilot1

Members of Congress on your side? 0
Judges on your side? 0
Founding fathers who believed that there were more than 2 classes of Citizens? 0

Yet you think I am in a “fantasy world”?

You are delusional!


169 posted on 02/06/2012 10:35:17 PM PST by Kansas58
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To: patlin
This pretty much sums it all up, IMO.

By virtue of its express power "[t]o establish an uniform Rule of Naturalization," U.S. Const. art. I, § 8, cl. 4, Congress has an implied power to set the terms of U.S. citizenship, including the power to expatriate. (4) But that power is limited by the Citizenship Clause of the Fourteenth Amendment. That provision states that "[a]ll persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside." U.S. Const. amend. XIV, § 1.(5) As that clause has been construed by the Supreme Court at least since 1967, the United States may not deprive a person "born or naturalized in the United States" of his U.S. citizenship "'unless he voluntarily relinquishes it.'" Vance v. Terrazas, 444 U.S. 252, 260 (1980) (quoting Afroyim, 387 U.S. at 262).(6)

4. It was once thought that, because the Naturalization Clause contained no express provision for Congressional power to expatriate a U.S. citizen against his will, no such authority existed. U.S. Const. art. I, § 8, cl. 4. As Chief Justice Marshall stated in dictum in Osborn v. Bank of the United States, 22 U.S. (9 Wheat.) 738 (1824), "[a] naturalized citizen . . . becomes a member of the society, possessing all the rights of a native citizen, and standing, in the view of the constitution, on the footing of a native. The constitution does not authorize Congress to enlarge or abridge those rights. The simple power of the national legislature is, to prescribe a uniform rule of naturalization, and the exercise of this power exhausts it, so far as respects the individual." Id. at 827. In Perez v. Brownell, 356 U.S. 44 (1958), the Court found an inherent federal power, beyond the express terms of the Constitution, to forcibly expatriate U.S. citizens, as a necessary attribute of sovereignty. See id. at 57 (concluding that power to expatriate necessarily arose out of federal power to conduct foreign relations (citing United States v. Curtiss-Wright Export Corp., 299 U.S. 304, 318 (1936))). That view was abrogated, however, in Afroyim. See Afroyim, 387 U.S. at 257 ("This power cannot, as Perez indicated, be sustained as an implied attribute of sovereignty possessed by all nations. . . . Our Constitution governs us and we must never forget that our Constitution limits the Government to those powers specifically granted or those that are necessary and proper to carry out the specifically granted ones.").

Here is where, IMO, he was right.

Under the Court's current jurisprudence, the Naturalization Clause empowers Congress to expatriate U.S. citizens without obtaining their consent, but only with respect to naturalized citizens who fall outside the protection of the Citizenship Clause. Individuals not protected by the Citizenship Clause acquire U.S. citizenship, if at all, solely by an act of Congress enacted pursuant to the Naturalization Clause, and not pursuant to the Constitution itself. See Rogers v. Bellei, 401 U.S. 815, 830 (1971) (Citizenship Clause does "'not touch[] the acquisition of citizenship by being born abroad of American parents; and has left that subject to be regulated, as it had always been, by Congress, in the exercise of the power conferred by the Constitution to establish an uniform rule of naturalization'") (quoting United States v. Wong Kim Ark, 169 U.S. 649, 688 (1898)); see also note 6. With respect to such individuals, Congress's power under the Naturalization Clause includes the power to set conditions subsequent to naturalization, failure of which may result in expatriation without consent. See Bellei, 401 U.S. at 834 ("it does not make good constitutional sense, or comport with logic, to say, on the one hand, that Congress [in exercising its authority under the Naturalization Clause] may impose a condition precedent, with no constitutional complication, and yet be powerless to impose precisely the same condition subsequent").

5. By its express terms, the Citizenship Clause does not protect persons who acquire U.S. citizenship by virtue of being born abroad to parents, at least one of whom is a U.S. citizen, because such persons are not "born or naturalized in the United States." U.S. Const. amend. XIV, § 1 (emphasis added). See Rogers v. Bellei, 401 U.S. 815, 827 (1971).

6. Afroyim, the Court had held precisely the opposite view - namely, that nothing in the Constitution prevents U.S. citizens from forfeiting their citizenship, against their will, for voluntarily engaging in certain kinds of conduct, such as voting in a foreign election. That view was restated most recently in Perez v. Brownell, 356 U.S. 44 (1958). See, e.g., id. at 58 n.3; id. at 61; see also Mackenzie v. Hare, 239 U.S. 299, 312 (1915); Savorgnan, 338 U.S. at 499-500. Three justices who dissented in Perez, however, concluded that the Citizenship Clause prohibits expatriation absent the citizen's assent. See Perez, 356 U.S. at 66 (Warren, C.J., dissenting). In 1967, the Court expressly overruled Perez by a 5-4 vote in Afroyim. See Afroyim, 387 U.S. at 257 ("we reject the idea expressed in Perez that . . . Congress has any general power, express or implied, to take away an American citizen's citizenship without his assent"); id. at 262-63 (noting that primary purpose of the Citizenship Clause was to prevent Congress from stripping blacks of U.S. citizenship). Not a single justice suggested a return to Perez when the Court revisited the issue of expatriation in 1980. See Vance v. Terrazas, 444 U.S. 252 (1980).

How did he blow it?

170 posted on 02/06/2012 10:36:52 PM PST by philman_36 (Pride breakfasted with plenty, dined with poverty, and supped with infamy. Benjamin Franklin)
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To: philman_36
Linky to ...

653 F.2d 285 (citation)

Laurence J. TERRAZAS, Plaintiff-Appellant,
v.
Alexander M. HAIG,* Secretary of State,
Defendant-Appellee.

No. 80-2292.

United States Court of Appeals,
Seventh Circuit.

Argued May 11, 1981.
Decided June 30, 1981.
http://bulk.resource.org/courts.gov/c/F2/653/653.F2d.285.80-2292.html

Interestingly enough, this is probably why Obama’a college records are kept under lock & key & why there was hanky panky with his passport records in early 2008. My guess is that they would show he did the same as one Laurence J. TERRAZAS, Plaintiff-Appellant and renounced his US citizenship in order to gain foreign aid for college.

171 posted on 02/06/2012 10:39:17 PM PST by patlin ("Knowledge is a powerful source that is 2nd to none but God" ConstitutionallySpeaking 2011)
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To: sometime lurker
Once that is agreed, the judge is going to follow over 100 years of precedent,

There in lies the problem. The idiot that can look up another idiot's decision can use that to substitute for common sense and rule of law, not men, the very thing that the Founders feared. If the crook you hire is too dumb to look up a dumb precedent that is in your favor, well then you lose, that is Justice? Nope just the lawyers way.

172 posted on 02/06/2012 10:40:18 PM PST by itsahoot (I will Vote for Palin, even if I have to write her in.(Previous tag line reactivated))
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To: Kansas58
Born in the USA = Natural Born Citizen!

Case closed!

The preceding is a paid political announcement.
Nothing more.

173 posted on 02/06/2012 10:43:14 PM PST by itsahoot (I will Vote for Palin, even if I have to write her in.(Previous tag line reactivated))
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To: patlin
Got a linky?
Nope, just got through reading that and I'm about done for tonight.
174 posted on 02/06/2012 10:43:26 PM PST by philman_36 (Pride breakfasted with plenty, dined with poverty, and supped with infamy. Benjamin Franklin)
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To: Kansas58

Say hello to foggy, NS, jamese777 and Lorenc.


175 posted on 02/06/2012 10:50:08 PM PST by bushpilot1
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To: patlin
Okay, thanks. What about this...

Under the Court's current jurisprudence, the Naturalization Clause empowers Congress to expatriate U.S. citizens without obtaining their consent, but only with respect to naturalized citizens who fall outside the protection of the Citizenship Clause. Individuals not protected by the Citizenship Clause acquire U.S. citizenship, if at all, solely by an act of Congress enacted pursuant to the Naturalization Clause, and not pursuant to the Constitution itself. See Rogers v. Bellei, 401 U.S. 815, 830 (1971)

176 posted on 02/06/2012 10:52:25 PM PST by philman_36 (Pride breakfasted with plenty, dined with poverty, and supped with infamy. Benjamin Franklin)
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To: philman_36
The problem falls in the fact that the 14th is “NOT” a citizenship law in the sense that it makes a person a citizen. The 14th is a protection amendment to protect the rights of already existing citizens either born or naturalized. Under the US Constitution's definition that the 14th describes, only congress or nature can add to the citizenry. Congress via A1 naturalization and nature via A2 aka citizens parents. The reason the power to expatriate exists in A1 is that the person had a former allegiance and thus has a clear path to return to that allegiance. However, a born citizen under A2 had not other allegiance thus they would be truly left without country should they be refused their right to US citizenship under any other circumstances than taking the steps to acquire a 2nd citizenship they had never known.

If the 14th Amendment truly is a citizenship law by which one born in the US acquires citizenship via an act of congress, then those persons are ALL subject to expatriation, including A2 citizenship because then ALL citizenship is derived by as act of congress and not nature because of the "subject to the jurisdiction" phrase in the 14th. This would unlawfully subject ALL natural born citizens to unlawful expatriation and that is why the court is all over the place in it's decisions over the last 150 years. It all depends on who the majority of the court is, true constitutionalists or the living constitution worshipers.

177 posted on 02/06/2012 10:57:15 PM PST by patlin ("Knowledge is a powerful source that is 2nd to none but God" ConstitutionallySpeaking 2011)
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To: philman_36
Individuals not protected by the Citizenship Clause acquire U.S. citizenship, if at all, solely by an act of Congress enacted pursuant to the Naturalization Clause, and not pursuant to the Constitution itself

This is a ruse to keep up the facade that “jus soli” citizenship regardless of the parents nationality is law, when it the State Dept clearly says it is not. Law by fiat, legislating from the bench. It isn't going to end anytime soon. Sleep well, Shalom

178 posted on 02/06/2012 11:03:23 PM PST by patlin ("Knowledge is a powerful source that is 2nd to none but God" ConstitutionallySpeaking 2011)
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To: Mr Rogers
So what you are saying is that Obama is a natural born citizen? Fine. But answer this: What happens to you if you blow off a subpeona to be in court with specific documents? Despite if he is or isn't a natural born citizen or if he can or cannot be on GAs ballot,he has shown he is above the law and as king does not have to abide by the rule of law that you and every other American has to abide by. He is still quilty of contempt of court but will not be held in contempt as other citizens of this country would doing the same thing and he knew it which is why he didn't bother showing up or sending his lawyer. He didn't have to but he did watch the proceeding from the White House..probably laughing as he did so. Yep we got a really great President and one that people will put right back in. Absolutely amazing how people will sell the souls to the devil. I could understand the first time since they didn't bother to check his record or lack of..but if people put him back in as much as he has destroyed this country...then God Help Us!
179 posted on 02/06/2012 11:10:43 PM PST by sharc
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To: Mr Rogers
So what you are saying is that Obama is a natural born citizen? Fine. But answer this: What happens to you if you blow off a subpeona to be in court with specific documents? Despite if he is or isn't a natural born citizen or if he can or cannot be on GAs ballot,he has shown he is above the law and as king does not have to abide by the rule of law that you and every other American has to abide by. He is still quilty of contempt of court but will not be held in contempt as other citizens of this country would doing the same thing and he knew it which is why he didn't bother showing up or sending his lawyer. He didn't have to but he did watch the proceeding from the White House..probably laughing as he did so. Yep we got a really great President and one that people will put right back in. Absolutely amazing how people will sell the souls to the devil. I could understand the first time since they didn't bother to check his record or lack of..but if people put him back in as much as he has destroyed this country...then God Help Us!
180 posted on 02/06/2012 11:10:43 PM PST by sharc
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