No provision of the constitution can be affected by implication. The 14th Amendment doesn't mention natural born citizen. In fact its author, John Bingham, explicitly reaffirmed the definition in his address to the the joint session of Congress in 1866.
I doubt that the 3rd circuit will take the case. If there is collusion among the political appointees in the federal courts, it is to buy time while the assault on our Constitution still has the support of majorities in both houses.
The opposition brief filed by Obama attorneys carefully avoids factual information and uses the fact that Berg's case was rejected on standing as precedent. It avoids mentioning that Obama told us his father was a British subject and thus his son was also a British subject. It avoids Article II, it is about the politics of standing - about who can claim a unique injury. The courts will avoid this issue unless more of the public learns the truth - that birth certificates were distraction, and probably deliberate misdirection; the real issue, Obama's alien father is a fact and a direct violation of Article II Section 1.
“Word now is that the 3rd Cir is going to grant review; hold that the parentage concepts incorporated in the “Natural Born” requirement were eliminated by the born in the USA provisions of the 14th Amendment.”
This is a naked attempt, through the courts, to null the U.S.Constitution via Judicial fiat rather than enact a change through the amendment process.
I don’t think it will work - SCOTUS will not let this ride.
The 14th Amendment has been used to grant citizenship to the children of illegal aliens. That was not its original intent. Rep. John Bingham was the ‘father’ of the 14th Amendment, meant to affirm citizenship to U.S. born slaves.
The definition of the term, “natural born citizen”, was entered into the Congressional record of the House on March 9, 1866, in comments made by Rep. John Bingham on the Civil Rights Act of 1866, which was the precursor to the Fourteenth Amendment. He repeated Vattel’s definition when he said:
“[I] find no fault with the introductory clause, which is simply declaratory of what is written in the Constitution, that 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. . . . ” — John A. Bingham, (R-Ohio) US Congressman, March 9, 1866 Cong. Globe, 39th, 1st Sess., 1291 (1866), Sec. 1992 of U.S. Revised Statutes (1866).
In other words, anyone born in the U.S.A. to citizen parents is a natural born citizen.
As to who has standing, that is anyone who has been injured by the present Administration. And there are folks who have been seriously injured, like the former owners of Chrysler dealerships, who lost their businesses and livelihoods.
These former owners of Chrysler dealerships have standing. They were seriously harmed by the Obama administrtion. Leo Donofrio is one of their attorneys, and he knows how to sue Obama, via Quo Warranto, in the Washington, D.C., District Court. This would force Obama to prove he is eligible to be President.
Here’s why it must be done this way.
Congress, not the Judicial Branch, is responsible for removing elected officials from office, for example, using impeachment against officials accused of crimes.
The power to remove a ‘usurper’ from political office was delegated by Congress to the District Court of Washington, D.C., in an action called Quo Warranto.
The Chrysler dealers have taken on “Old Chrysler” for illegally taking away their dealerships and the Judge overseeing that case committed intentional fraud.
“Public Docket For Chrysler Bankruptcy Has Been Sabotaged To Conceal The Fraudulent Dealer Rejection Opinion by Judge Gonzalez.”
http://naturalborncitizen.wordpress.com/2010/03/03/public-docket-for-chrysler-bankruptcy-has-been-sabotaged-to-conceal-the-fraudulent-dealer-rejection-opinion-by-judge-gonzalez/
This Judge Gonzalez recieved a promotion from Obama during this court action. Talk about corruption!!
This is going to be a hot summer, if not a hot two years, politically and judicially speaking.
I will not be surprised if Obama desperately tries to declare a national emergency and Martial Law to put a halt to elections and all judicial proceedings.
Obama banks on 'no standing' decision
This case is not headed up on review of his citizenship or the place of his birth--no allegation that he was not born in the USA.
Word now is that the 3rd Cir is going to grant review; hold that the parentage concepts incorporated in the "Natural Born" requirement were eliminated by the born in the USA provisions of the 14th Amendment.
When 2012 rolls around and the state election officer starts to work on the issue of compliance with state eligibility for ballot rules, the question of Obama's eligibility is now res judicata--already decided. Forget about that challenge.
[Thanks David and "Mr. Anonymous."]