[Yosemitest]

Arizona Court Declares Lawyers Mario Apuzzo and Leo Donofrio Totally Cracked on What Makes a Natural Born Citizen

Now IF the Court had given such a “definition,” it still would’ve merely been non-binding dicta, or side commentary —
as any such determination was clearly non-essential to the matter they were deciding.
Such reasoning might have been convincing to a later Court — or it might not have been.

But the fact is,
they simply didn’t create any such “definition” of “natural born citizen” —
in spite of Apuzzo’s (and Leo Donofrio’s) elaborate twisting of their words to try and make it sound as if they did.

And even if they had — which they didn’t — it would’ve been OVERTURNED 23 years later, in the definitive citizenship case of US v. Wong Kim Ark.
In that case, the Supreme Court told us quite clearly, in not one, but in two different ways, that Wong Kim Ark,
who was born on US soil of two NON-citizen Chinese parents, wasn’t thereby JUST “a citizen” —
he was ALSO “natural born.”

If he was “natural born,” and he was “a citizen,”
then it is inescapable that the Court found young Mr. Wong to be a natural born citizen.


The 6 Justices who agreed on the majority opinion (against only 2 dissenters) also discussed the implications of such status for Presidential eligibility.
So they in fact found
that Wong Kim Ark would be legally eligible to run for President upon meeting the other qualifications — reaching the age of 35, and 14 years’ residence.

Mr. Wong, who lived most of his life as a simple Chinese cook in Chinatown, never ran for President, of course.
And in the highly racial America of his day Wong almost certainly could not have been elected if he had tried.

But according to the United States Supreme Court, legally speaking,
Mr. Wong DID HAVE the legal qualification to eventually run for, and serve as, President of the United States —
if the People should have decided that he was the right person for the job.

There’s much deeper we could go into the issue, of course.
I haven’t found the time to refute Mr. Apuzzo’s bogus “two citizen parents” claims in the full, absolute detail that I would like to.
There is an awful lot of refutation here, here, and here,
though.

It would be nice to put ALL of the pieces together in one place.
However, for those who don’t mind a bit of digging, the references given above are a good start.

But never mind — a court in the State of Arizona the day before yesterday quite clearly and authoritatively refuted Mr. Apuzzo for me.
The court smacked down Apuzzo’s and Donofrio’s claims in no uncertain terms.

Judge Richard Gordon DISMISSED the ballot-challenge case of Allen v. Arizona Democratic Party.
And he did so “WITH PREJUDICE,” which means
“This case has been fully heard and judged on its merits
and we’re done with it —
don’t attempt to darken my door with this same accusation ever again.”

Note that again:
Apuzzo’s claim has been officially tried in a court of law, on its merits, and found to be totally cracked.
And the ruling struggled to stretch barely past two pages into three.
That is NOT a lot of discussion,
which indicates that this was not anything even REMOTELY resembling a “close call.”


The pertinent language in Judge Gordon’s ruling is as follows:

“Plaintiff claims that
President Obama cannot stand for reelection [in the State of Arizona] because he is not a ‘natural born citizen’ as required by the United States Constitution… 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.“

So the statement that "natural born means both parents " has been DENIED by the courts !

[Democratic-Republican]

Dear God no. Just NO.

All your excellent effort ( and I do mean that ) is based on the unfortunate but mistaken belief in the supremacy of the Congress.

Think about it, an imperial Congress, non-co-equal with the ability to edit, rewrite, interpret the Constitution on the fly. And that is what they would be doing by determining who is in that mysterious category of Natural Born and by extension who can run for President.

Apparently Congress and We The People went through all that trouble with the 13th/14th/15th Amendments when mere statutory law from Congress-critters would have been sufficient? Suffrage, 18-year old vote, Senate elections, Presidential term limits and succession all could have been legislated instead of the actual ratified articles by the States and We The People?

Original Intent is about specific and limited enumerated powers of all the branches, including Congress, not a "fill in the blanks" etch-a-sketch. Their enumerated Article I Section 8 power is only to naturalize ALIENS into plain old CITIZENS. Full stop. This is a mutually exclusive pool of people that does not include the separate pool of Article II Section 1 Natural Born Citizens. Your entire premise misses this point and seems to be aimed at merging them somehow. More here

The most obvious test that your hypothesis fails is the famous edit made from the 1790 Naturalization Law to the 1795 modification, that brought it into line with Original Intent ...

From NEW EVIDENCE: Intent of 1790 Naturalization Act, research from a 1967 House member ...

In 1795, James Madison himself actually expressed concern that some might erroneously infer, from the 1790 Act, that the foreign-born children of American parents actually "are" (not merely "considered as") natural born citizens. McElwee indicates:

Mr. James Madison, who had been a member of the Constitutional Convention and had participated in the drafting of the terms of eligibility for the President, was a member of the Committee of the House, together with Samuel Dexter of Massachusetts and Thomas A. Carnes of Georgia when the matter of the uniform naturalization act was considered in 1795. Here the false inference which such language might suggest with regard to the President was noted, and the Committee sponsored a new naturalization bill which deleted the term "natural-born" from the Act of 1795. (1 Stat 414) The same error was never repeated in any subsequent naturalization act.

Madison is clearly anticipating those like you that will run wildly with the belief that an almighty Congress is in the business of carving Commandments into tablets on high. They most certainly are not. Madison, the most central figure in the Constitution is specifically telling you that Congress does NOT define who a Natural Born Citizen is.

We are seriously going to need a full Constitutional reset. And I don't mean a Mark Levin Article V slate of baby Amendments. I mean a full blown, burn it down to the ground and start over reset. The republic is thoroughly finished if even our own FRiends want a Politburo to compliment the already out of control Supreme Court and a thoroughly compromised and over-reaching executive branch. ~sigh~

If nothing else, I hope some people now can figure out why the simple and clear logic of a time tested boolean algorithm ...

USA born AND citizen mother AND citizen father = NBC

... cuts out all the stupid edge cases and KISS keeps it simple. What possible reason do we have for entertaining anything outside of this envelope? The only reason to argue against this is if your intention is to internationalize/globalize America into a shell of its former self.

I ask those who question this simple algorithm to explain why it is that we have no examples, I said NO EXAMPLES of either Presidents, Candidates or even people running for nomination prior to President DingleBarry? Is it pure coincidence?

Furthermore, if any American citizen begets a Natural Born Citizen anywhere they deliver their baby in the world and anyone that delivers here ( and we'll leave sperm banks out of this ) then unless we are walled in and no-one can enter or leave, after enough time passes eventually every single person on planet Earth will be a NBC. Think about it!

Our suicidal trajectory after 228 years is on track to blast right past Rome and its 1000 years. Visigoths, Mexicans, stick a fork in us right now.