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

To: Macoozie
SCOTUS has already done its job in the case of United States v. Wong Kim Ark.

"Most importantly, Arizona courts are bound by United States Supreme Court precedent in construing the United States Constitution,Arizona v. Jay J. Garfield Bldg. Co., 39 Ariz. 45, 54, 3 P.2d 983, 986(1931), and this precedent fully supports that President Obama is a natural born citizen under the Constitution and thus qualified to hold the office of President.

See United States v. Wong Kim Ark, 169 U.S. 649, 702-03(1898) (addressing U. S. Const. amend. XIV);

Ankeny v. Governor of the State of Indiana, 916 N.E.2d 678,684-88 (Ind. App. 2010) (addressing the precise issue).

Contrary to Plaintiff’s assertion, Minor v. Happersett ,88 U.S. 162 (1874), does not hold otherwise.

Source: http://www.scribd.com/doc/84531299/AZ-2012-03-07-Allen-v-Obama-C20121317-ORDER-Dismissing-Complaint

54 posted on 05/30/2012 10:12:58 AM PDT by New Jersey Realist (America: home of the free because of the brave)
[ Post Reply | Private Reply | To 12 | View Replies ]


To: New Jersey Realist

The Arizona court’s conclusion is not founded by the legal precedent in Wong Kim Ark. It cited and affirmed the exclusive Minor definition of NBC. The Ankeny decision admits that there was no legal precedent in Wong Kim Ark to declare anyone not born of citizen parents to be natural-born citizens. The Arizona court simply brushes this aside with a very flawed misinterpretation of the natural-born citizen predent, which actually is: all children born in the country to parents who were its citizens.


99 posted on 05/30/2012 10:45:27 PM PDT by edge919
[ Post Reply | Private Reply | To 54 | 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