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

To: CpnHook

“The same mistake is made by the Vattel proponents when they appeal to Minor v. Happersett. That case did not present the question of the birth status of a person born in the U.S. to an alien parent(s), so that opinion is irrelevant in any case where that question is actually presented.”


Exactly.
When challengers to Obama’s eligibility have attempted to cite Minor v. Happersett as precedent, they have been given short shrift. For example:
Allen v Obama, Arizona Superior Court Judge Richard E. Gordon: “Arizona courts are bound by United States Supreme Court precedent in construing the United States Constitution, 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. Contrary to Plaintiff’s assertion, Minor v. Happersett, 88 U.S. 162 (1874), does not hold otherwise.”—Pima County Superior Court, Tuscon, Arizona, March 7, 2012
http://www.scribd.com/doc/84531299/AZ-2012-03-07-Allen-v-Obama-C20121317-ORDER-Dismissing-Complaint

Judge Gordon is a 2009 appointee of Republican Governor Jan Brewer. Judge Gordon was retained in his judgeship in the Arizona election of 2012 AFTER the decision excerpted above, with 79% of the vote in the November, 2012 election.


484 posted on 08/01/2013 4:19:01 PM PDT by Nero Germanicus
[ Post Reply | Private Reply | To 483 | View Replies ]


To: Nero Germanicus
“The same mistake is made by the Vattel proponents when they appeal to Minor v. Happersett. That case did not present the question of the birth status of a person born in the U.S. to an alien parent(s), so that opinion is irrelevant in any case where that question is actually presented.”

Exactly.

And what did I say? Here comes Mr. Legal Suck @$$, to assert that exact point.

Again, this argument is based on the premise that Judges are completely ignorant of the law, EXCEPT when they are addressing a specific case. I perceive that this line of argument has nothing to do with reason, and everything to do with straw grasping from people who do not like what they say.

Beyond that, it misses a very obvious point. When Jackass Jeff is quoting the opinion of Rawle, or Bayard, or whoever the hell he is quoting lately, there is no outcry to make a distinction between a "holding" and "orbiter dicta." (because the writers and lawmakers are expressing an opinion, not holding a d@mn trial.) But when it comes to Judges expressing legal opinions DURING a trial, they are not extended the same courtesy of accepting what they say as their opinion; A courtesy which Jeff et al routinely extends to all the non-judges out there.

You intentionally invoke a different standard for Judges than for anyone else, then you have the gall to come here and attempt to convince us that this is a reasonable thing to do?

Your argument on this is much the same as your other arguments; Complete lawyer excrement which only "procedure worship" fools will swallow.

493 posted on 08/02/2013 6:32:44 AM PDT by DiogenesLamp (Partus Sequitur Patrem)
[ Post Reply | Private Reply | To 484 | 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