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To: jamese777
However the Indiana Court of Appeals went a step further than simply stating that the plaintiffs had no standing to sue. They laid out a definitive position that Article 2, Section 1 has nothing to do with whether one’s parents are American citizens or not, as long as the president himself was born in the United States. Thus far no court, federal or state, original jurisdiction or appeals has taken a divergent position. NO court has been willing to do tilting at windmills with birthers.

You overstate the court's opinion. It's not definitive in any form, especially since they avoided declaring Obama to be a natural born citizen. And how could they?? They don't know if Obama was really born in the United States. Also, the comment about 'tilting at windmills' is complete bufoonery. If you want to go by the broken Ankeny decision, then they admit there's a reasonable question that needs to be answered: whether the person in question was born in the United States or not. Since such a question can be answered, then it should allow for a justiciable claim - that a candidate/elected official can be discovered and declared to be ineligible for office.

110 posted on 04/28/2010 7:13:50 AM PDT by edge919
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To: edge919

You overstate the court’s opinion. It’s not definitive in any form, especially since they avoided declaring Obama to be a natural born citizen. And how could they?? They don’t know if Obama was really born in the United States. Also, the comment about ‘tilting at windmills’ is complete bufoonery. If you want to go by the broken Ankeny decision, then they admit there’s a reasonable question that needs to be answered: whether the person in question was born in the United States or not. Since such a question can be answered, then it should allow for a justiciable claim - that a candidate/elected official can be discovered and declared to be ineligible for office.


I overstated nothing.

The words of the Indiana Court of Appeals speak for themselves, and I quote:
“...we conclude that persons born within the borders of the United States are ‘natural born Citizens’ for Article II, Section 1 purposes, regardless of the citizenship of their parents.”
What Edge doesn’t understand or else ignores is that “Ankeny et. al.” stipulated that Obama was born in Honolulu. This case hinged on the separate “birther” argument that even if he was born in the US, he is ineligible due to his Kenyan born and Kenyan citizen father. Under that presumption, Governor Daniels should have disqualified Obama from receiving Indiana’s Electoral College votes. That argument failed in Superior Court, at the state Court of Appeals and was denied a hearing by the state Supreme Court

Since the Indiana Appeals Court’s decision, no other court in the nation has entertained ANY Obama eligibility lawsuit beyond taking legal briefs and then dismissing the lawsuit.

I can guarantee you that every defense attorney (such as the Attorney General of Indiana in Ankeny v Daniels) will submit a copy of the Indiana Court of Appeals’ decision with their motions for dismissal, whether they are a private attorney representing former candidate Obama, a US Department of Justice Attorney defending President Obama or a state or private attorney defending a different defendant such as Mitch Daniels, the current Governor of Indiana and former Bush Administration Director of Management and Budget.


111 posted on 04/28/2010 10:45:15 AM PDT by jamese777
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