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The bottom line is that the Supreme Court made Virginia Minor eligible to run for president, but by Ankeny's own admission, it did not do so for Wong Kim Ark. The court contemplated the scenario Ankeny says was left open. By their own reasoning, Barack "No Show" Obama can NOT be a natural-born citizen, even if he were born in the White House rose garden.
1 posted on 02/05/2012 2:16:45 AM PST by edge919
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To: edge919
The Constutional Meaning Of "Natural Born Citizen"
2 posted on 02/05/2012 2:36:43 AM PST by sourcery (If true=false, then there would be no constraints on what is possible. Hence, the world exists.)
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To: edge919
In Minor, written only six years after the Fourteenth Amendment was ratified, the Court observed that: The Constitution does not, in words, say who shall be natural-born citizens.

Nice. Stealing it.

3 posted on 02/05/2012 2:37:53 AM PST by sourcery (If true=false, then there would be no constraints on what is possible. Hence, the world exists.)
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To: edge919
14 We note the fact that the Court in Wong Kim Ark did not actually pronounce the plaintiff a “natural born Citizen” using the Constitution‟s Article II language is immaterial. For all but forty-four people in our nation‟s history (the forty-four Presidents), the dichotomy between who is a natural born citizen and who is a naturalized citizen under the Fourteenth Amendment is irrelevant. The issue addressed in Wong Kim Ark was whether Mr. Wong Kim Ark was a citizen of the United States on the basis that he was born in the United States. Wong Kim Ark, 169 U.S. at 705, 18 S. Ct. at 478.

16 We note that President Obama is not the first U.S. President born of parents of differing citizenship. Chester A. Arthur, the twenty-first U.S. President, was born of a mother who was a United States citizen and a father who was an Irish citizen. See THOMAS C. REEVES, GENTLEMAN BOSS, THE LIFE OF CHESTER ALAN ARTHUR 3-4 (1975). During the election of 1880, there arose a rumor “that [Arthur] had been born in Canada, rather than in Vermont as he claimed, and was thus constitutionally ineligible to become the Chief Executive.” Id. at 3. Although President Arthur‟s status as a natural born citizen was challenged in the 1880 Presidential Election on the grounds that he was born in Canada rather than Vermont, the argument was not made that because Arthur‟s father was an Irish citizen he was constitutionally ineligible to be President.

5 posted on 02/05/2012 3:12:19 AM PST by Texas Fossil (Government, even in its best state is but a necessary evil; in its worst state an intolerable one)
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To: edge919

The GA court is required by Federal Law to accept certification by other states as fact.

The State of HI has hidden what is really the issue. This must be uncovered within the state of HI.

No proof has been that BHO, Jr. was in fact born in HI. All public release are in a form that makes authentication impossible. If this was a simple as releasing a COLB, this would have been over. IT IS NOT.

I do not believe he was born in HI. Which is contrary to what is stated by the state of HI. If he was not born in the U.S., he is not a U.S. Citizen, much less a natural born citizen.

Instead of the “butler did it” in this case the “grandma did it”.

What will it take for this to be uncovered? For the right people to want it uncovered.

I think we are being suckered by the GA court. The new Obozo appointment to the appeals court which will review the GA case if it is appealed, is bought and paid for. She was noted as having done work on this exact issue prior to his election. She got the job to silence this challenge.


6 posted on 02/05/2012 3:24:51 AM PST by Texas Fossil (Government, even in its best state is but a necessary evil; in its worst state an intolerable one)
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To: edge919

IMO the Judge ruled against his own subpoenae.

No way in hell should a ruling go against the side that shows up in court against the side that doesn’t.

I guess there is no such thing as a default ruling in Georgia.


12 posted on 02/05/2012 4:24:37 AM PST by Venturer
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To: edge919

So Judge Malihi equates citizenship at birth with Art. II natural born citizenship and the constitution grants congress the authority to pass laws regarding citizenship.

USC Title 8,1401 states the following shall be nationals and citizens of the United States at birth:

(c) a person born outside of the United States and its outlying possessions of parents both of whom are citizens of the United States and one of whom has had a residence in the United States or one of its outlying possessions, prior to the birth of such person;

(d) a person born outside of the United States and its outlying possessions of parents one of whom is a citizen of the United States who has been physically present in the United States or one of its outlying possessions for a continuous period of one year prior to the birth of such person, and the other of whom is a national, but not a citizen of the United States;

(e) a person born in an outlying possession of the United States of parents one of whom is a citizen of the United States who has been physically present in the United States or one of its outlying possessions for a continuous period of one year at any time prior to the birth of such person;

So if I understand the ruling correctly, all these children after attaining the age of 35 and having resided in the US for a period of 14 years are eligible to hold the office of POTUS.


19 posted on 02/05/2012 5:43:16 AM PST by loucon
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To: edge919

“Considering the circumstances surrounding the framing of the Constitution, I submit that it is unreasonable to conclude that “natural-born citizen” applied to everybody born within the geographical tract known as the United States, irrespective of circumstances, and that the children of foreigners, happening to be born to them while passing through the country, whether of royal parentage or not, or whether of the Mongolian, Malay or other race, were eligible to the Presidency, while children of our citizens, born abroad, were not.”

From the DISSENT of WKA...that would be the LOSING side.


30 posted on 02/05/2012 7:38:01 AM PST by Mr Rogers ("they found themselves made strangers in their own country")
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To: edge919

U.S./?? dual citizens worldwide are nodding yes to this Georgia decision.

Maybe my dual citizenship brother-in-law will move back to the US and become POTUS someday like Obama. I’m gonna advise he become a constitutional lawyer so his qualifications are clear. /s


36 posted on 02/05/2012 8:06:46 AM PST by TauntedTiger (Keep away from the fence!)
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To: edge919
The Ankeny appellate case was almost entire, unnecessary dictum written to do just what it did here.

Here is the final ruling:

"For the foregoing reasons, we affirm the trial court‟s grant of the Governor‟s motion to dismiss.M Affirmed. CRONE, J., and MAY, J., concur."

The governor's motion to dismiss had nothing to to do with WKA, it had nothing to do with MvH or another SCOTUS ruling or the Constitution itself.

The motion to dismiss was due to lack of ability provide relief since Indiana could not remove a sitting president.

And when it went the appellate level they added pages and pages of dictum that looks like it came from the same source as CRS reports on the subject. It probably did.

In hide site - the default ruling should have been taken. We know there is an aversion to lawyers being the same room as any Hawaii birth document. Maybe that would have forced that issue. He seemed to ready to do that but the plaintiffs insistence of all of this muddied the water so badly he used the cover of Ankeny to avoid leaving the SoS with an unclear path.

As FBI guy says in the movie National Treasurer - "somebody's got to go to jail." To get this off center. That seems to be the case.

44 posted on 02/05/2012 9:32:37 AM PST by bluecat6 ( "A non-denial denial. They doubt our heritage, but they don't say the story is not accurate.")
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