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To: El Gato
There is no case law...

I'll agree insofar as no case I know of bears directly on Presidential qualifications, but the Court had plenty to say about "natural born" citizenship in US v. Wong Kim Ark, and NONE of what they had to say will give any comfort to the likes of trumandog and other Obama supporters.

If Wong Kim Ark, or indeed any prior case, is governing precedent or the dicta therein an accurate description of the law, then the Supreme Court needs to hear the case in order to clear the way for Obama's inauguration, for under the law as it stands unchallenged today, Obama cannot be legally sworn in.

125 posted on 12/23/2008 4:38:36 PM PST by John Valentine
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To: John Valentine
If Wong Kim Ark, or indeed any prior case, is governing precedent or the dicta therein an accurate description of the law, then the Supreme Court needs to hear the case in order to clear the way for Obama's inauguration, for under the law as it stands unchallenged today, Obama cannot be legally sworn in.

I guess I don't follow that. As I read the majority opinion, that is the dicta of the majority opinion, since the Court itself indicated that only citizenship was in question, not natural born citizenship, anyone born in the country is a natural born citizen, along with some born outside the country. The dissent differs, and would have gone with the "born of citizen parents" test alone.

If that be the case, then the place of birth of B. Hussein Obama Soetero is key. Because under the common law, being born outside the country, to an alien father and US Citizen mother, the citizenship, and natural born status, goes to the citizenship of the father.

204 posted on 12/23/2008 9:43:44 PM PST by El Gato ("The Second Amendment is the RESET button of the United States Constitution." -- Doug McKay)
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