Posted on 12/03/2008 11:43:31 PM PST by BP2
I’m not a troll, but I am a lawyer. In the U.S. v. Ark case, the Supreme Court stated that at common law, a natural born subject was anyone born in the dominions of the King, even if both parents were non-British subjects. The exceptions to the rule are the ones laid out in the Ark case, such as ambassadors, people merely visitors, etc.
It seems to me that the Framers would have been very familiar with the term natural born subject under the common law. Because the U.S. is not a monarchy, there are no U.S. “subjects”, but rather citizens. Thus, natural born citizen probably means the same thing as under the common law - a child born within the territory of the United States, regardless of the nationality of the parents, with limited exceptions.
In my opinion, Donofrio’s case will fail because natural born citizen will be interpreted as meaning the same thing as natural born subject at common law. Of course, that assumes SCOTUS even takes the case.
My fear is that even if SCOTUS takes Donofrio’s case, it will define “natural born citizen,” but leave the issue of the birth certificate untouched.
“’If you’re born in the United States, you are a citizen of the US. Period.’
Totally correct!
We can all be citizen, even I born in DK!!
But we are NOT ‘natural’ born citizen, and because of that, neither I or Hussein are eligible to become President, pure and simple and PERIOD!!!”
That makes no sense. How can you be born a citizen and not be a natural born citizen?
also, its not a matter of tradition, its a matter of constitutional law, which is absolute and not subject to opinion or interpretation.
very true. that is a whole oher issue about illegal immigrants that is too often not reported by the s called media.
true, but not necessarily a natural born citizen.
Neither is being a naturalized citizen, but neither of these comply with the intent of the founders' that US presidents should have no divided loyalties.
...and if barry’s daddy wsa a british subject, then the question is if baby barry was subject to the british crown
indeed..so if bho is disqualified, mccain would be next on the hit list. if both are unqualified, then the house chooses the next POTUS amoung the next top 3 electoral vote getters.
well said.
“However, he’s not a ‘natural born citizen.’ His father was a Kenyan. Google the law: Perkins v. ELG, 307 U.S. 325 (1939).”
Nothing at all about that case implies that Obama is not a natural born citizen. If anything, it implies the opposite. Elg was born in the U.S. to Swedish parents, who subsequently took her to Sweden. SCOTUS ruled that her parents’ decision to claim Swedish citizenship for her did not prevent her from reclaiming U.S. citizenship later. Thus, she had the right to be a U.S. citizen all along. Since the only reason she had a claim at all to U.S. citizenship was that she was born here, she was a natural born citizen.
Besides, this case doesn’t apply to Obama, since he was raised on U.S. soil. Now, there is some confusion as to whether Obama may at some point have gained Indonesian citizenship without recaliming his U.S. citizenship. But that is not at issue in the case at hand.
http://www.youtube.com/watch?v=9QdyLOUHz-A&feature=related
I expect that the Axelrod goonsquad will be sending their army out over the weekend to try and create the image that this is kookery ... astroturfing of the worst kind don'tchaknow. criminal bastards
Enjoy your likely very short time on FR.com.
“I can’t believe you put these two thoughts back to back. Either you know or you don’t know. If you don’t know — as you indicate here — then how do you know the case cannot be won?”
Oh, for pete’s sake, that’s just a manner of speaking. You could say that the phrase “I’m pretty sure” is a rhetorical device. Certainty usually makes for more powerful writing, but no one wants to look like they’re dictating from on high about matters high and low.
“Born to two US citizens on US soil = Natural born status.
Born to 1 US citizen and 1 Foreign citizen on US soil = US Citizen.”
Please tell me what law discriminates between these two designations. I have never heard of anyone being born a citizen who isn’t a natural born citizen.
“How do you know that Obama was born on US soil?”
First of all, I don’t. Secondly, as far as I know, this case assumes that Obama was born in Hawaii.
“’pretty sure’ and ‘solid tradtion’ do not apply when interpreting the Constitution.”
Good thing I’m not a Supreme Court justice, then. I’ll leave it to them to bring forth the actual laws.
I am well aware of what the passage states.
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