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This binding precedent vs dicta is especially important when we come to the case of Wong Kim Ark. In that cast the so called anti birthers use the dicta of that case (which is not binding) to justify the Messiah's legitimacy for the presidency.

It is quite a nasty judicial sleight of hand on their part. Won Kim Ark or whatever his name is happens to be a 14th amendment case, not a natural born citizen case.

Academia will not write scholarly articles about Obama’s eligibility as they had for McCain because many of them will conclude that Obama did not meet the constitutional requirements to be president. This will create a constitutional crisis which the academics want no part of!!

‘the nearly unanimous consensus of legal and constitutional scholars’
There is no unanimous consensus!

The constitution is not subject to interpreatation by ‘scholars’ or to ‘consensus’, it is based on the original intent of the founding fathers! The founders were concern with divided loyalty. They want to assure sole allegiance, so they want to exclude people with dual citizenship/divided loyalty. Only people born in the country to citizen parents have sole allegiance. In other words only a natural born American citizen has sole allegiance and is eligible to be the pres/VP!

"Professor Chin wrote: "The rule of law would be mortally wounded if courts, Congress or the executive could legitimately ignore provisions of law they deemed obsolete ... It would be a grim moment in history if the very oath to 'preserve, protect and defend the Constitution' that made a person President was also a falsehood that defied the document." Chin was referring to a McCain presidency, but should not the same sentiment apply to any president, including Obama?"

What amazes me the most, is that so many so-called Conservatives here on Freerepublic have rolled over on this issue, including veterans who have sworn an oath to protect and defend the Constitution of the United States of America.

Shameful.

The Marxists have no values, they admit it, and simply seek to gain and keep power. Legal scholars keep archives at Justia so the Marxists change the facts to suit themselves. Did anyone ever charge or prosecute Sandy Berger for stealing important documents from the National Archives? No! It was simply forgotten. You can bet the papers keep in Slick’s trailer park library have been scrubbed also.

Conservatives in general are the only ones with moral values and a desire to live up to the Constitution as written and intended.

Read the Marxist playbook, Alinsky’s Rules for Radicals. It is replete with advice on how to deceive the public and cheat the system. What about Cloward-Piven, astrategy for overwhelming and destroying our system of government? What about ACORN, a system for stealing elections with fraudulent votes? Do we want those people in power?

We are fighting the lawless who claim there are no rules for themselves but very strict rules for us. Are we going to roll over to that? Standup to them while we still can.

Here is one professor in academia that has not stayed silent.

http://instruct.westvalley.edu/hannigan/Eligibility_Dialogue.pdf

The Eligibility Dialogue
Is President Obama Eligible to serve as President?

Dr. John Hannigan
West Valley College
8/1/2010

Basically it is a documented ‘debate’.