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Evasion: Another Obama Eligibility Case Reaches U.S. Supreme Court; Jesters (Mario Apuzzo)
BirtherReport.com ^ | March 7, 2014 | George Miller

Posted on 03/07/2014 6:51:22 AM PST by Seizethecarp

The Vermont Supreme Court (VCS) having found that my Rule 40 Request for Reargument failed to present misinterpretation of material facts or law sufficient to compel them to reconsider their judgment - Mario Apuzzo, Esq. of Jamesburg, New Jersey and Counsel Press, LLC. of NYC and Washington filed my Writ of Certiorari with the Supreme Court of the United States (SCOTUS )today (March 6th, 2014).

The principal issues for review are: 1- mootness, the VSC having ruled that the case at hand had become moot with the passage of time despite numerous rulings by SCOTUS that issues relating to elections have been consistently found to represent an exception to mootness.

First, Storer v. Brown 415 US 724 (footnote #8)

"[8] The 1972 election is long over, and no effective relief can be provided to the candidates or voters, but this case is not moot, since the issues properly presented, and their effects on independent candidacies, will persist as the California statutes are applied in future elections. This is, therefore, a case where the controversy is "capable of repetition, yet evading review." (citations omitted) The "capable of repetition, yet evading review" doctrine, in the context of election cases, is appropriate when there are "as applied" challenges as well as in the more typical case involving only facial attacks. The construction of the statute, an understanding of its operation, and possible constitutional limits on its application, will have the effect of simplifying future challenges, thus increasing the likelihood that timely filed cases can be adjudicated before an election is held."

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


TOPICS: Conspiracy; Government; Politics
KEYWORDS: birther; marioapuzzo; naturalborncitizen; obama; scotus
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To: Oliviaforever

“We need the SCOTUS to take up this case to define the exact meaning of Natural Born Citizen as Vattel outlined in The Law of Nations which would undoubtably end Obama”s presidency.”

So we are still doing the Vattel thing with two citizen parents + born on native soil? Somebody should tell Ted Cruz, Bobby Jindal, and Marko Rubio because these guys seem to now know about this exciting new birther theory.


21 posted on 03/07/2014 4:54:03 PM PST by BurningOak (http://www.freerepublic.com/focus/f-news/2830849/reply?c=1)
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To: BurningOak

Correction: “not” know


22 posted on 03/07/2014 4:56:51 PM PST by BurningOak (http://www.freerepublic.com/focus/f-news/2830849/reply?c=1)
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To: BurningOak

It’s nothing new.

My fifth grade teacher explained it this way in 1971.

You need to get out more.


23 posted on 03/07/2014 7:09:50 PM PST by PA-RIVER
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To: PA-RIVER

My fifth grade teacher was a history major. Maybe she got it from America’s first historian and president of congress. , I think David Ramsay. Maybe because GW had vattels book checked out in Manhattan after his inauguration in lower Manhattan.

Again, maybe its nothing New.


24 posted on 03/07/2014 7:21:23 PM PST by PA-RIVER
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To: PA-RIVER

“Therefore every person born within the United States, its territories or districts, whether the parents are citizens or aliens, is a natural born citizen in the sense of the Constitution, and entitled to all the rights and privileges appertaining to that capacity.”—
William Rawle, A View of the Constitution of the United States, pg. 86 (1829)


25 posted on 03/07/2014 8:38:47 PM PST by Lurking Libertarian (Non sub homine, sed sub Deo et lege)
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To: PA-RIVER

If anyone has an old text book that shows born on US soil of two US citizen parents, it would be David Barton, of Wall Builders:

http://www.wallbuilders.com/

But I don’t think he has spoken on this subject.


26 posted on 03/07/2014 8:49:30 PM PST by JohnnyP
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To: Lurking Libertarian
So in 1829 we had examples of poor thinkers. The Founders wrote eligibility requirements for President above and beyond that of Senator or Congressman. So why would a person born on US soil of any parents regardless of citizenship fit these stringent requirements?

David Ramsay, eminent historian of the Revolution explained 'natural born' this way:

In his 1789 article, Ramsay first explained who the “original citizens” were and then defined the “natural born citizens” as the children born in the country to citizen parents. He said concerning the children born after the declaration of independence, “[c]itizenship is the inheritance of the children of those who have taken part in the late revolution; but this is confined exclusively to the children of those who were themselves citizens….” Id. at 6.

He added that “citizenship by inheritance belongs to none but the children of those Americans, who, having survived the declaration of independence, acquired that adventitious character in their own right, and transmitted it to their offspring….” Id. at 7. He continued that citizenship “as a natural right, belongs to none but those who have been born of citizens since the 4th of July, 1776….” Id. at 6.

The above two paragraphs and more are in an Essay on Ramsay

27 posted on 03/07/2014 9:30:36 PM PST by 22cal (Forgiven, not perfected)
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To: Seizethecarp; cousteausghost
Might not SCOTUS wish to consider whether a person should by excused from criminally conspiring to gain eligibility simply because the plot succeeded? Under the constitution we grew up with, no!

NO! The SCOTUS is an Appeals Court.It is not empowered to "go out and look for trouble." It is also very highly bureaucratized. That is, there is a legion of lawyers, clerks to the Justices themselves, and a further legion of papershuffling old line DC creeps who carefully filter everything coming the justices' way.

Of course, official Washington is overwhelmingly Democrat, has been since Roosevelt. In fact, you'll find many of the higher-up bureaucrats are actually the children and grandchildren of the left-wingers who flocked to the Capital to staff FDR's alphabet soup of government agencies newly created to keep the Depression going for a decade.

In further point of fact, these very people gave been caught canning "eligibility cases" before they ever get before the Justices.

By the way, Cousteau is absolutely correct that my guess of support on the issue from Scalia, Alito, and Thomas is an assumption. I may have been too anxious to accept their few guarded public statements on the issue as proof of their interest.

But what if Barry is credibly revealed by Sheriff Arpaio to have been criminally inserted into US elections in the next few months?

See above. Sheriff Joe can't even get the County DA interested. Sheriffs don't bring cases to court, prosecutors do. Furthermore, the CCP is a completely UN-Official body. Many FReepers have used the phrase, "Court of Public Opinion." Might as well hope for Good Olde St. Nick to handle it.

28 posted on 03/07/2014 9:54:59 PM PST by Kenny Bunk ( The Republican Party is in Hospice Care. Hold all contributions.)
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To: Lurking Libertarian

Go to Philadelphia and visit the room where the constitution was written. I go there every year.

You see the walls, floors, the tables, the chairs.

On the table, as the constitution was constructed, there was a reference book described by Ben Franklin, as Vattels Law of nations. The kings coat of arms was pulled from the wall in 1776, and dragged around Philadelphia behind a horse with a rope so people could spit on it. There is a dock in the room where the accused was locked during trial. The chair with the sun rising carved into it where Franklin sat is still there. Vattels book was in that room until the constitution was completed. The room is real. The book is real. The men employed it, and have documented that they used it while creating the constitution.

David Ramsay was in that room with George Washington and common sense.

David Ramsay said a natural born citizen, by natural rights, is born of citizens, plural. After 7/4/1776.

I’m going with the founders.


29 posted on 03/07/2014 10:45:41 PM PST by PA-RIVER
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To: Kenny Bunk

“Furthermore, the CCP is a completely UN-Official body.”

No. CCP IS an official MCSO investigating body. It is not funded with public funds, but it IS official, if I understand correctly.

Note that the most recent claims by Gallups via Zullo is that Arpaio has a MCSO criminal case underway totally separate from the CCP BC forgery investigation and staffed by two regular deputies.


30 posted on 03/07/2014 10:46:46 PM PST by Seizethecarp (Defend aircraft from "runway kill zone" mini-drone helicopter swarm attacks: www.runwaykillzone.com)
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To: PA-RIVER

I’m going Ben Franklin, GW, John Jay, Hamilton. Ramsay. The people who wrote the words with that book on the table, and their friend and historian.

They originally made the requirement “Born a citizen” .
John Jay and others thought about it, and worried that some bastard born of some British father would run for president to fundamentally change the country. So they changed it to “natural born citizen.”.

So here we are, 200 plus years later, with the bastard son of a Brit, driving this country into the dirt with 6 trillion debt accumulated in 5 years, taking a vacation every other week.

You can’t buy common sense. It ain’t for sale.


31 posted on 03/07/2014 11:11:02 PM PST by PA-RIVER
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To: 22cal

US citizenship for Obama is simply a legal technicality.

He tells us that he inherited Kenya citizenship, by nature, through his Father. Hes a natural born Kenyan. Thats why Mooch calls it his home country.

His brother Mark illustrates that point. He tells us how Obama wants to leave America behind and embrace Kenya. Its his birthright. Its natural. America sucks.It must be fundamental transformed, unlike Kenya.

Being called a US citizen was an insult to our president.


32 posted on 03/08/2014 4:18:43 AM PST by PA-RIVER
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To: BurningOak

My grandparents came to the USA on a boat from Ireland, around 1920. They embraced America and became citizens. They started a family, all the children born to American citizen parents.

In my Grandmother’s house you could hear the thick Irish accent. But America was gods gift.

God bless my mother. She loved America. She never called Ireland her home country. Never. I remember her pissing people off, immigrants, telling them that no country will ever compare to the USA. This country was gods gift to humanity.

Now, I live in a country, governed by a man who sees Kenya as his homeland. Who sees America as Downright mean country that needs a kick in the balls. And he has every right to think this way. His link to this country is just a legal technicality. Does he love this country? Hell no.

Fourth of July in my mother’s house was like a religious event, much like going to Kenya was for Obama.

It was my mother’s birthright to celebrate her home country.

Now we watch my Mother’s country suffer at the hands of a man who tells us through his publisher, for 20 years, that he’s a natural born Kenyan. Who tells us that America is a curse on the world that must be corrected. Who’s first order of business is to get on a plane, go to Africa, and apologize for such a shitty country that he leads.

Natural born American, my ass.


33 posted on 03/08/2014 5:08:04 AM PST by PA-RIVER
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To: PA-RIVER
My fifth grade teacher explained it this way in 1971.

Same for me, too. Fifth grade, maybe sixth, early 1970s, in one of several small town, mid-western schools...can't remember which one.

The only question/possible exception was someone born outside the country on a military base. Otherwise, born in country to citizen parents = Natural Born Citizen.

The fascinating thing about human's power of rationalization is that we always can, and frequently do, find a way to justify anything...if we want something, or want to avoid something, badly enough.

34 posted on 03/08/2014 6:56:46 AM PST by GBA (Here in the Matrix, life is but a dream.)
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To: Lurking Libertarian; PA-RIVER
"persons born within the Republic, of parents owing allegiance to no other sovereignty, are natural born citizens" - Father of the 14th Amendment Congressman John Bingham - (Cong. Globe, 37th, 2nd Sess., 1639 (1862))

"every human being born within the jurisdiction of the United States of parents not owing allegiance to any foreign sovereignty is, in the language of your Constitution itself, a natural born citizen.” - Father of the 14th Amendment Congressman John Bingham - (Cong. Globe, 39th, 1st Sess., 1291 (1866))

"That Dr. Houard is a natural-born citizen of the United States there is not room for the shadow of a doubt. He was born of naturalized parents within the jurisdiction of the United States" - Father of the 14th Amendment Congressman John Bingham - Congressional debate on April 25, 1872 (see pg. 2791)

Congressman Bingham’s repeated definition of “natural born citizen” (born of citizen parents in the sovereign territory of the U.S.) was never challenged on the floor of the House. All representatives were in agreement during those years surrounding the crafting and adoption of the 14th Amendement.

35 posted on 03/08/2014 11:48:20 AM PST by rxsid (HOW CAN A NATURAL BORN CITIZEN'S STATUS BE "GOVERNED" BY GREAT BRITAIN? - Leo Donofrio (2009))
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To: Georgia Girl 2
"This is like the trillionth case to reach SCOTUS. They will kick it loose like everyone before it."

It appears that the oath to protect and defend the Constitution of the United States is what is moot.

36 posted on 03/09/2014 4:10:24 AM PDT by Godebert
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To: Seizethecarp

He was born in America and was elected fairly. He deserves to be impeached and thrown into the slammer for his scandals starting with Benghazi and the IRS.


37 posted on 03/10/2014 4:06:26 PM PDT by Roger Fo
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To: Oliviaforever

His presidency should be be ended for an endless string of scandals starting with Benghazi. This norther nonsense isn’t doing conservatives any good. It’s hurting conservatives. Get Obama where there’s mounds of evidence against him. Benghazi, IRS, illegally subverting the constitution with Obamacare changes.


38 posted on 03/10/2014 4:19:10 PM PDT by Roger Fo
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