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Obama birthplace lawyer denied new trial
Orange County Register ^ | 1-13-10 | Martin Wisckol

Posted on 01/14/2010 10:08:15 AM PST by STARWISE

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To: jamese777
Natural Born Citizenship status in the US is governed by Section One of the 14th Amendment to the US Constitution and only by Section One the 14th Amendment to the Constitution.

The 14th amendment was not passed until the late 1860s. The Natural Born citizen clause was included in the original Constitution passed in 1787. The former can hardly govern the latter. Oh it could if it said "All persons born in the US are Natural Born Citizens" or something similar. It says only that they are citizens. The 14th thus did not change the definition of natural born citizen, which remains what it was in 1787.

201 posted on 01/16/2010 9:51:53 PM PST by El Gato
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To: El Gato

Before any amendment to the Constitution is ratified, the law of the land operates in a different way but the amendments then alter the original document. For example, the Founding Fathers did not believe in direct popular election of Senators but the 17th Amendment changed that.
The 14th Amendment changed the rules on citizenship to two categories ONLY: born citizens and naturalized citizens for every American including those who might be elected President.


202 posted on 01/16/2010 11:34:45 PM PST by jamese777
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To: Lurking Libertarian
Before the election, many states' election laws would have permitted a challenge to Obama's qualifications, if brought by another candidate on the ballot. This could have been done either by another Democratic candidiate during the primaries, or by McCain or a third party candidate during the general election. But no one brought such a suit, and the time to do so ran once the election was held.

McRino was "talked to" which is why he made that very bizarre statement that we have nothing to fear from Hussein.

(It can still be done for 2012).

Which is why he and his handlers are going gangbusters on every bill now because it will be challenged in '12 and he will be proved a liar and a fraud. He'll come down with some illness or claim stress to his happy home and in '11 and through tears and a first time bent head as the adoring msm use up their flash bulbs will decline a second term. The only catch is why hasn't the alinsky adm found their replacement. Perhaps they have and this time all the t's will be crossed and all the i's dotted so no one can question anything.

203 posted on 01/17/2010 7:47:22 AM PST by bgill (The framers of the US Constitution established an entire federal government in 18 pages.)
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To: El Gato

The 14th amendment was not passed until the late 1860s. The Natural Born citizen clause was included in the original Constitution passed in 1787. The former can hardly govern the latter. Oh it could if it said “All persons born in the US are Natural Born Citizens” or something similar. It says only that they are citizens. The 14th thus did not change the definition of natural born citizen, which remains what it was in 1787.


In 2009, in the case of Ankeny et. al. v The Governor of Indiana, the Indiana Court of Appeals ruled that Barack Obama is a natural born citizen under the requirements of Article 2, Section 1, Clause 4 of the Constitution. The Court referenced the 14th Amendment, Minor v Happersett and US v Wong Kim Ark as precedents for their ruling (among other precedent setting cases).
The “Natural Born Citizen” section (B) of the Court’s decision can be read here:
http://nativeborncitizen.wordpress.com/2009/11/12/ankeny-v-gov-of-indiana-natural-born-defined-born-on-us-soil-regardless-of-citizenship-parents/#more-7312


204 posted on 01/17/2010 10:30:50 AM PST by jamese777
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To: Seizethecarp

Good catch! Thanks.


205 posted on 01/17/2010 5:47:39 PM PST by SaraJohnson
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To: jamese777
"In 2009, in the case of Ankeny et. al. v The Governor of Indiana, the Indiana Court of Appeals ruled that Barack Obama is a natural born citizen under the requirements of Article 2, Section 1, Clause 4 of the Constitution."

While interesting, I don't believe that a lower court ruling in one state has any standing as a precedent in federal court so the Minor Case stance on NBC will hold as precedent until SCOTUS takes NBC up again directly.

Leo Donofrio savaged the Ankeny ruling on his blog (before he took it down pending his current case) pointing out many weaknesses in the ruling.

Phil on The Right Side of Life posted some of Donofrio's comments on Ankeny here:

http://www.therightsideoflife.com/2009/11/16/eligibility-update-ankeny-v-daniels-and-citizenship-sen-frist-on-birthers-kerchner-ad/

206 posted on 01/17/2010 6:37:07 PM PST by Seizethecarp
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To: jamese777
I guess then Obama is a natural born citizen.. of or at least in Indiana. However, the Court of Appeals of Indiana, is not the final word on the meaning of terms within the Constitution of the United States. They aren't even the final word within Indiana. From Indiana Court System

The Indiana Court of Appeals is an intermediate appellate court. It handles appeals between the trial court and Indiana Supreme Court.

Get back to us when the case is on appeal from the Indian Supreme Court to the Supreme Court of the United States.

Although I suspect the case is now moot, since the governor did certify the results of the election, and such certification, by itself, probably can't be undone. That doesn't mean that a person elected or appointed to an office for which she/he is not eligible can't be removed.

207 posted on 01/17/2010 8:43:11 PM PST by El Gato
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To: rxsid
A citizen of the US and a subject of the UK. Therefore, how in the world can a Natural Born Citizen of the United States be "Governed" (as admitted by the vaunted FTS web site) in any way shape or form by a foreign country?

My mother was born with dual citizenship because my grandmother was not a US citizen at the time of my mother's birth; however my mother didn't even know about her dual citizenship until she was in her 70s. How was my mother "governed" in any way shape or form by a foreign country?

208 posted on 01/24/2010 8:50:33 AM PST by lucysmom
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To: lucysmom
"My mother was born with dual citizenship because my grandmother was not a US citizen at the time of my mother's birth; however my mother didn't even know about her dual citizenship until she was in her 70s. How was my mother "governed" in any way shape or form by a foreign country? "

The answer lies in your question. She was a dual citizen, that is, a citizen of another country.

209 posted on 01/24/2010 11:17:34 PM PST by rxsid (HOW CAN A NATURAL BORN CITIZEN'S STATUS BE "GOVERNED" BY GREAT BRITAIN? - Leo Donofrio (2009))
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To: MrRobertPlant2009; little jeremiah; LucyT; BP2; MHGinTN; Red Steel; Las Vegas Ron

Your first post, how special, you joined just to defend Oholyo’s MIA BC. you...... are a troll.... and not even a good one.


210 posted on 04/01/2010 9:56:08 AM PDT by mojitojoe (I don't care what you passed. you are irrelevant. I'll NEVER comply in any way. Read my lips, NEVER!)
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To: mojitojoe

Good catch.


211 posted on 04/01/2010 12:29:39 PM PDT by little jeremiah (Asato Ma Sad Gamaya Tamaso Ma Jyotir Gamaya)
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To: STARWISE

later


212 posted on 04/01/2010 12:39:01 PM PDT by truth_seeker
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