Skip to comments.Obama Wins Georgia Ballot Challenge (Born in the USA Qualifies as a Natural Born Citizen)
Posted on 02/04/2012 5:43:26 AM PST by broken_arrow1
President Obama's name should appear on Georgia's 2012 presidential ballot, in the official opinion of Judge Michael Malihi of Georgia's Office of State Administrative Hearings (OSAH), issued on February 3. Judge Malihi's decision is the result of hearings held January 26 on three separate actions brought by several Georgia residents. Under Georgia law, Secretary of State Brian Kemp had referred the challenges, filed last November, to the OSAH for a recommendation.
Ordinarily, the Court would enter a default order against the party that fails to participate in any stage of a proceeding...Nonetheless, despite the Defendant's failure to appear, Plaintiffs asked this Court to decide the case on the merits of their arguments and evidence. The Court granted Plaintiff's request.
Two of the challenges, represented by attorney Van Irion of the Liberty Legal Foundation and Georgia Rep. J. Mark Hatfield, did not focus on Obama's place of birth or the infamous birth certificate. Rather, Irion and Hatfield contended that Obama, with his non-US citizen father, is not a "natural born" citizen according to the rule of statutory construction in the interpretation of the Constitution and existing Supreme Court precedent. (Further explanation of those assertions is contained in a comprehensive amicus brief submitted to the court, prepared by attorney Leo Donofrio.)
In his sweeping denial of the Plaintiff's challenges, however, Judge Malihi did not mention the principle, and instead relied on the 2009 case of Ankeny v Governor, stating that "[t]he Indiana Court determined that a person qualifies as a natural born citizen if he was born in the United States because he became a United States citizen at birth."
(Excerpt) Read more at americanthinker.com ...
So now we can now run Jindal 2016 since 0 is definitely retaining.
Rubio is in.
The Chicago mob showed up at the Judge’s home.
The “fix” is in also!!!
Obozo was hatched under a rock; the progeny of two mating scorpions.
The judge was made an offer he couldn’t refuse.
What the threat of Brezhnev’s ICBM’s could not do, Pelosi, Howard Dean and the Democrats have done.
This decision is SO bogus!
Becoming a 'United States citizen at birth' means naturalized AT birth.
It has nothing to do with being natural-born. Natural born citizenship can only be bestowed by Natural Law, not positive law.
It's why the Founders called it NATURAL BORN!
Did anyone really expect any other outcome? It doesn’t matter what this guy has or hasn’t done (which most of us will never know i.e., school, ex-girl/boy friend, SS#,why birth certificate says African for his father(?) etc,etc) nobody will step up and really challenge him out of fear of being called a racist. Last best hope is November. Pray the wool is pulled from over the sheeples eyes by then. Danger Will Robinson, Danger!!!!
So this means an anchor baby could be President.
“The judge was made an offer he couldnt refuse”
This was ABSOLUTELY what happened.
The union is splitting ala the Cival War ... another war between states.
How does a judge determine Obama was “born in the USA” when he was presented with evidence of a FRAUDULENT birth record??
I’m going to clear out of hear even sooner than I thought I would.
America has left me more than I am leaving America.
The corruption has become so thick that you can’t cut through it with an axe.
Someone needs to point out to Lindsey Graham that this decision means anchor babies can run for president. Maybe that’ll get his attention.
Rubio is in.
No and no!
Why should we descend to their level. I am sick of the continual erosion of the Constitution and our liberties. Our Constitution should be defended much like the U.S. Army Rangers who assailed the 100 meter high cliffs at Pointe du Hoc on D-Day defended it.
Before you know it, anchor babies will be running.
But wait...Bill Richardson, an anchor baby, has tried to run with no repercussions.
They are transforming America, thank god we have Romney.............I’m sptiing up right now
The judge wimped out. He has ruled in such a manner as to punt the ball to the Georgia Superior Court and then the SCOTUS. Hatfield certainly will be filing an appeal and I would expect Irion to do the same.
One knew this was going to happen. Bowbamaâs Chicago people surely intervened. Just when I thought there is justice in jurisprudence, I/we get kicked in the nads as the Constitution dies!
So if your choice was Rubio or Obama, would you not vote?
So this means an anchor baby could be President.
“So would have been Anwar al-Awlaki.” That’s the terrorist that was a US citizen that Obama had assassinated.
The fix was in long before the trial ever came up.
Obama knew it and his lawyer knew it. Neither even bothered to show up in court.
At the very least they were guilty of contempt of court, but you won’t be seing that charge come up.
This was all a farce by the Judge who got his name in the papers.
What is more remarkable is that a photoshop document is considered evidence of Hawaii birth. Obama committed fraud on the court and yet wins the case. This is ground breaking.
I doubt that. Anybody who believed, even for a second, that any judge in any courtroom in this country was going to embrace any of this this birther nonsense is an idiot.
If he had a snowball's chance, he might have been investigated more closely. :-)
It just gets me they try to pin all this on the Wong Kim Ark case.
Not only did Wong Kim petition the court as a NATIVE [not natural born] citizen, the judge said this in his decision:
The right of citizenship never descends in the legal sense, either by the common law or under the common naturalization acts. It is incident to birth in the country, or it is given personally by statute. The child of an alien, if born in the country, is as much a citizen as the natural born child of a citizen, and by operation of the same principle.
If there were no difference, the judge would have stated no distinction.
It's like saying a car is just as much a vehicle as a truck. A true statement in itself, but it doesn't make a car INTO a truck!
I guess I just don't understand why do many folks have trouble comprehending this.
[Not that YOU do, of course....but thanks for the opportunity to rant. LOL!]
Article II, Section 1, Clause 5.
Neither should be on the ballot.
Not the news we we looking for; we better hope for change!
Reminds me of the Clinton/Whitewater/Lewinsky days. Big build ups to supposedly catastrophic events that would wash Clinton from the Whitehouse.
Never happened and the Dems went away laughing.
Did you watch the hearing?
Because the majority of the hearing had nothing to do with nut job Orly Taitz...they should have never allowed in there.
She gave the judge the perfect out and route of deflection.
I watched the entire hearing and the evidence presented in the beginning was excellent.
However for the life of me I don’t understand why they didn’t take the summary judgment. They had it won and they blew it...what a bunch of fools!!!
Unfortunately, it only seems to be important to those of us who care.
Send our regards to Prince Prospero!
I suspect between rural and urban areas. Friend of mine said his relationships with friends of different races have really soured. And those friendships were long standing.
Sorry, never heard of him.
Ark has nothing to do with it.
Only somebody grasping at straws would even bring it up.
Now what grounds for an appeal could there possibly be?
Everybody knows the Founding Fathers intended for a single Indiana Judge to have the final say in the matters of the constitution and lord over all the other states.
The judge decided the case based on current law, because that is what the judge has to do.
Like it or not, believe in the natural born citizen interpretation at the time of the Founders or not, the ruling piece of paper is going to be current law.
The work that has be done for the future is changing that law to reflect original intent, and that hasn’t been done, and it won’t be done with this Congress (or the next).
Imho, there’s no way that Jindal qualifies. Also, imho, Rubio does if one uses the citizenship law of 1792 for his father.
Is PP a FReeper? I never heard of one by that name.
If you are talking about the long-dead prince...well, I’m planning to leave, not to kill myself.
What evidence did the defendants present to the court that disputed her case?
“The Masque of the Red Death” (1842), is a short story by Edgar Allan Poe. The story follows Prince Prospero’s attempts to avoid a dangerous plague known as the Red Death by hiding in his abbey. He, along with many other wealthy nobles, has a masquerade ball within seven rooms of his abbey, each decorated with a different color. In the midst of their revelry, a mysterious figure enters and makes his way through each of the rooms. Prospero dies after confronting this stranger, as do the guests.”
Maybe there is more to your story than I realize, but Prospero comes to mind whenever someone informs of their plans to escape America. In reality America is just starting to get exciting after a long, dull period!
Yup, I’m thinking someone had a educational chat with the good judge. And I’m also thinking all hell is about to break out in the US.
Every member of the Supreme Court, every member of congress, every member of the Joint Chiefs, most members of the DOD, CIA, FBI, Secret Service and state run media, ABC, CBS, NBC, CNN, PBS, NPR, MSNBC, Fox and print news, knows that Barack Hussein Obama does NOT meet Article II Section I constitutional requirements for the office he holds. By his own biography, there is NO way he can pass the test. The hard evidence is so far beyond overwhelming, it is ridiculous.
But not ONE member of Americas most powerful people will dare confront Obama and his anti-American cabal on the subject. The Constitution does NOT stand.
Half of the people you expect to stop this insanity are quiet co-conspirators in the silent coup. The other half is paralyzed by fear, motivated only by political self-preservation.
Americans keep asking what they can do because they see that none of their leaders are doing anything to stop the demise of their beloved country. Its the right question, because those leaders are NOT going to stop this thing.
Who will save freedom?
A brave few
This is how it was in the beginning, how it has always been and how it will be.
Dr. Orly Taitz, Phil Berg and Gary kreep, all of whom have made defending the constitution and the American way of life a personal ambition in the absence of any constitutional leadership.
If the American people fail to get behind these brave few who are seeking peaceful redress, all the peaceful options will evaporate as if they never existed. We will return to a pre-1776 America overnight.
no one will challenge him out of more fear than that
I vote civil war in that case, and anyone who supported this is a combatant and not to be accorded quarter.
I once swore to defend the constitution against all enemies foreign and domestic. No passes to enemies who are merely idiots.
You nuts have screwed everyone.
I would stay home, no voting for any anchor baby, not ever.