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4 Supreme Court Cases define "natural born citizen"
The Post Mail ^ | 10/18/2009 | John Charlton

Posted on 03/14/2010 12:04:10 PM PDT by etraveler13

4 Cases have been decided by the Supreme Court of the United States that define the status of Natural Born Citizen.

(Excerpt) Read more at thepostemail.com ...


TOPICS: Constitution/Conservatism; Government; News/Current Events
KEYWORDS: banglist; birthcertificate; birthers; certifigate; eligibility; fraud; ineligible; lawsuit; naturalborn; naturalborncitizen; obama; qualification; ruling; scotus; usurper
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To: etraveler13
Hang around on this thread long enough, they'll show up.

they're the BC trolls who come a long and argue that no matter how much evidence there is to the contrary, NBC has never been defined.

They will tell you that bammies in office and to concentrate on defeating his policies and this issue will go nowhere etc....

21 posted on 03/14/2010 12:27:47 PM PDT by Las Vegas Ron ("Because without America, there is no free world" - Canada Free Press - MSM, where are you?)
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To: Las Vegas Ron
Yeah, but his daddy wasn't an American citizen, and that makes him ineligible to hold the office of President.
22 posted on 03/14/2010 12:28:16 PM PDT by ANGGAPO (Leyte Gulf Beach Club)
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To: etraveler13

One thing is clear. You and I will never be on the USSC. Too simpleminded. LOL.


23 posted on 03/14/2010 12:29:24 PM PDT by votemout
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To: etraveler13

Meant to add, my post was pure sarcasm, I was mirroring the trolls that will more than likely show up here.


24 posted on 03/14/2010 12:29:39 PM PDT by Las Vegas Ron ("Because without America, there is no free world" - Canada Free Press - MSM, where are you?)
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To: ANGGAPO; All
MY POST WAS SARCASM...READ THE TAG!
25 posted on 03/14/2010 12:30:58 PM PDT by Las Vegas Ron ("Because without America, there is no free world" - Canada Free Press - MSM, where are you?)
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To: votemout; Fred Nerks; null and void; stockpirate; george76; PhilDragoo; Candor7; rxsid; ...
It is difficult for me to believe that the founders intended anyone to be president whose father was a british subject and who was born after the revolutionary war.

Ping!

26 posted on 03/14/2010 12:31:45 PM PDT by null and void (We are now in day 415 of our national holiday from reality. - 0bama really isn't one of US.)
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To: etraveler13
This is all legal hokum

The governing law is very simple: It is TITLE 8 > CHAPTER 12 > SUBCHAPTER III > Part I > § 1401

“The following shall be nationals and citizens of the United States at birth:

(a) a person born in the United States, and subject to the jurisdiction thereof;

(b) a person born in the United States to a member of an Indian, Eskimo, Aleutian, or other aboriginal tribe: Provided, That the granting of citizenship under this subsection shall not in any manner impair or otherwise affect the right of such person to tribal or other property;

(c) a person born outside of the United States and its outlying possessions of parents both of whom are citizens of the United States and one of whom has had a residence in the United States or one of its outlying possessions, prior to the birth of such person;

(d) a person born outside of the United States and its outlying possessions of parents one of whom is a citizen of the United States who has been physically present in the United States or one of its outlying possessions for a continuous period of one year prior to the birth of such person, and the other of whom is a national, but not a citizen of the United States;

(e) a person born in an outlying possession of the United States of parents one of whom is a citizen of the United States who has been physically present in the United States or one of its outlying possessions for a continuous period of one year at any time prior to the birth of such person;

(f) a person of unknown parentage found in the United States while under the age of five years, until shown, prior to his attaining the age of twenty-one years, not to have been born in the United States;

(g) a person born outside the geographical limits of the United States and its outlying possessions of parents one of whom is an alien, and the other a citizen of the United States who, prior to the birth of such person, was physically present in the United States or its outlying possessions for a period or periods totaling not less than five years, at least two of which were after attaining the age of fourteen years: Provided, That any periods of honorable service in the Armed Forces of the United States, or periods of employment with the United States Government or with an international organization as that term is defined in section 288 of title 22 by such citizen parent, or any periods during which such citizen parent is physically present abroad as the dependent unmarried son or daughter and a member of the household of a person

(A) honorably serving with the Armed Forces of the United States, or

(B) employed by the United States Government or an international organization as defined in section 288 of title 22, may be included in order to satisfy the physical-presence requirement of this paragraph. This proviso shall be applicable to persons born on or after December 24, 1952, to the same extent as if it had become effective in its present form on that date; and

(h) a person born before noon (Eastern Standard Time) May 24, 1934, outside the limits and jurisdiction of the United States of an alien father and a mother who is a citizen of the United States who, prior to the birth of such person, had resided in the United States.”

IMPORTANT: Natural Born does not mean Native Born.

Natural Born means a citizen at the moment of birth by conditions or parentage and birth, not a persona who was made a citizen by application later, i.e. one who was “naturalized” i.e, made as if Natural

27 posted on 03/14/2010 12:33:40 PM PDT by MindBender26 (Prezdet Obama is what you get when you let the O.J. jury select a president !)
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To: Las Vegas Ron
Sarchasm - the gap between sarcasm and it's intended target...
28 posted on 03/14/2010 12:35:23 PM PDT by null and void (We are now in day 415 of our national holiday from reality. - 0bama really isn't one of US.)
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To: dools007

Actually, there are several mechanisms.
1. The DNC or the RNC must vet their candidates. I am sure that Independents or other parties must do the same.
2. Each Secretary of State must vet each candidate independently, before putting them on the individual State Ballots.
3. The Vice-President, before declaring the winning candidate in the Senate, must count Electoral Votes, verify that there are NO objections in the Senate. and THEN declare a victor.


In this case, The DNC released 2 (Two) vetting statements and sent them to Different States. Signed by Nancy Pelosi, and headed by Howard Dean...ie. They did not vet him at all.
The SOS (Secretary of State) for each state took the statements from the DNC, and DID NOT vet independently.
Finally The Vice-President (Cheney), did NOT solicit objections from the senate, Per the Rules and Procedures he is required to follow, before tallying the electoral votes and delcaring a winner.

Three requirements, all of them done incorrectly, leading to the problem we have today.


29 posted on 03/14/2010 12:36:49 PM PDT by etraveler13
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To: MindBender26

That’s not what we’re talking about.


30 posted on 03/14/2010 12:38:17 PM PDT by TheOldLady ("The welfare of humanity is always the alibi of tyrants." -- Albert Camus)
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To: etraveler13

Already posted and discussed, but it’s good to return sometimes.

http://www.freerepublic.com/focus/f-news/2425480/posts


31 posted on 03/14/2010 12:39:10 PM PDT by bgill (The framers of the US Constitution established an entire federal government in 18 pages.)
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To: etraveler13
Deriving legal opinions from non-lawyer blog posters such as John Charlton isn't just wrong, it's dangerous.

If he knew enough to do the research for this article, then he knew what the law is, and ignored it.

8 USC 1401 is governing law in this. Period.

32 posted on 03/14/2010 12:40:07 PM PDT by MindBender26 (Prezdet Obama is what you get when you let the O.J. jury select a president !)
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To: etraveler13
"...the Framers were consulting 3 copies Vattel’s book to complete their work (according to the testimony of Benjamin Franklin)."

That's huge. I had no idea that Ben Franklin testified to the fact that the Framers consulted Vattel's work while drafting the Constitution. That is very important.

33 posted on 03/14/2010 12:40:08 PM PDT by Windflier (To anger a conservative, tell him a lie. To anger a liberal, tell him the truth.)
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To: etraveler13
Many argued that Wong Kim Ark, did this

And many are pigheaded or argue this just for the distraction value.

34 posted on 03/14/2010 12:41:40 PM PDT by bgill (The framers of the US Constitution established an entire federal government in 18 pages.)
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To: TheOldLady

The problem is that FReepers will read it and use it to claim BO is not legally the president.

There are MANY questions about his legal status to serve. This is not one of them.


35 posted on 03/14/2010 12:42:43 PM PDT by MindBender26 (Prezdet Obama is what you get when you let the O.J. jury select a president !)
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To: MindBender26

Correct, Naturalized and Natural Born, have two very different meanings.
Title 8 of the U.S. Code, Section 1401


36 posted on 03/14/2010 12:43:33 PM PDT by etraveler13
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To: MindBender26

I disagree, and think your confused.
We are talking about Natuaral Born Status, not Naturalized status, or those seeking definition of US Citizenship, which Title 8, section 1401 is referring to.


37 posted on 03/14/2010 12:47:51 PM PDT by etraveler13
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To: bgill

So True...distraction is a valuable tool in debate, unless you know the facts.
Wong Kim Ark was seeking US Citizenship, not natural born status.


38 posted on 03/14/2010 12:49:24 PM PDT by etraveler13
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To: Las Vegas Ron
...his mommie was a citizen so he's natural born...

Dead wrong.

He may be a "US Citizen" by virtue of having been born to a mother who was herself an American citizen, but he is NOT a "Natural Born Citizen" for all of the reasons cited above.

We patriots can fight Obama on several fronts at the same time. There's no need to abandon this, or any other legitimate grievance against him.

39 posted on 03/14/2010 12:52:07 PM PDT by Windflier (To anger a conservative, tell him a lie. To anger a liberal, tell him the truth.)
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To: Windflier

The “Law of Nations” is also referenced in Article 1, Section 8 of the Constitution.


40 posted on 03/14/2010 12:52:28 PM PDT by Beach555
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