Posted on 12/05/2008 1:59:35 AM PST by unspun
Your Guide to the Legal Challenges of Barack Obama’s Candidacy, to be continually updated
Item I: The Donofrio Case: "Natural Born Citizen" (not about Obama's birth certificate)
Currently before the United States Supreme Court lies Leo Donofrio v. Nina Mitchell Wells, New Jersey Secretary of State. This suit was received by Justice Thomas and by the determination of the entire court, it is scheduled for conference on Friday December 5. This conference is held to decide what, if any, further steps should be taken. Only two of these steps would be to either intervene in the process of selecting the president, or to hear oral arguments.
Essence of the case
By this case Barack Obama, John McCain, and Roger Calero (of the Socialist Workers Party, on the New Jersey ballot) do not qualify as “natural born Citizens” under Article 2, Section 1, Clause 5 of the Constitution, which states the following:
Standing
Other cases against Obama's candidacy have been rejected by various courts, due to a private citizen's apparent lack of standing to sue a candidate. However, this case is an action against the Secretary of State of New Jersey and as such, has precedent, as Donofrio relates. He originally sought to motivate the Secretary to qualify or disqualify these three candidates on the New Jersey ballot. Donofrio also cites 2000's famous Florida case, Bush v. Gore, as precedent for a state case regarding a presidential election to be brought to the Supreme Court for emergency action.
Merit: reasoning behind Donofrio v. Wells
To interpret the U.S. Constitution with intellectual honesty, one must maintain the integrity of the meaning of the Constitution. That means interpreting the letter of the law: its words and phrases, based upon the immediate context of the Constitution itself, any explanations of the framers, traditional meaning inherited by the framers, and the generally accepted, legal meanings of words and phrases in use at the time of its drafting. Further, attention is to be paid to the spirit of the law, by understanding the purposes of the framers and the results they sought or sought to avoid, as they drafted each element of the Constitution.
In view of these considerations, being a “natural born Citizen,” here requires meeting both of these two criteria: 1. citizenship must be passed on by the constitutionally pertinent principle of natural law, which assumes that citizenship is inherited from one’s father’s citizenship and, 2. citizenship must be granted by means of being born in the actual territory of the United States. Accordingly, to maintain the original intention of the Constitution's framers, a U.S. President is to be free of competing allegiances with other nations, from birth onward. To cite Donofrio's own words from his blog:
The Framers wanted to make themselves eligible to be President, but they didn't want future generations to be Governed by a Commander In Chief who had split loyalty to another Country. The Framers were comfortable making an exception for themselves. They did, after all, create the Constitution. But they were not comfortable with the possibility of future generations of Presidents being born under the jurisdiction of Foreign Powers, especially Great Britain and its monarchy, who the Framers and Colonists fought so hard in the American Revolution to be free of.According to this case, Barack H. Obama II is not qualified, because his father, Barack H. Obama I, was a citizen of the United Kingdom as a Kenyan. Kenya was a British colony at the time of Obama II’s birth in 1961. This citizenship was conferred to Obama II by U.K. law. Further to this case is the apparent fact that Obama II became a citizen of Indonesia, when he lived there as a child with his mother and adoptive father, Lolo Soetoro. This would mean Obama's U.S. Citizenship status was revoked, since Indonesia had no dual-citizenship provision with the U.S.A.
According to this case, John McCain is not qualified, because he was born on a military base in the Panama Canal Zone, which was a protectorate of the United States and has never been a territory of the Untied States, even though his parents were U.S. Citizens.
According to this case, Roger Calero is not qualified, because he was born a citizen of Nicaragua, to foreign parents, on foreign soil. The mere fact that Roger Calero was on the ballot in five states indicates to the Supreme Court and the nation, that the process of qualifying a presidential candidate is broken and intervention is necessary.
Merit: context, corroboration, and case lawCorroborative to this case, the Constitution's Article 1, Section 8, Clause 10 states that a power of Congress is to "define and punish... offenses against the law of nations." The Law of Nations has been international law, which as documented by Emmerich de Vatel (1758) states, in Chapter XIX, paragraph 212, "The natives, or natural-born citizens, are those born in the country, of parents who are citizens. As the society cannot exist and perpetuate itself otherwise than by the children of the citizens, those children naturally follow the condition of their fathers, and succeed to all their rights.
Vatel follows with paragraph 215, in which he asserts, "It is asked whether the children born of citizens in a foreign country are citizens? The laws have decided this question in several countries, and their regulations must be followed.(59) By the law of nature alone, children follow the condition of their fathers, and enter into all their rights (§ 212); the place of birth produces no change in this particular, and cannot, of itself, furnish any reason for taking from a child what nature has given him; I say 'of itself,' for, civil or political laws may, for particular reasons, ordain otherwise."
The chief framer of the related 14th Amendment of the Constitution, John A. Bingham corroborated this dual criteria stating, "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." An extensive analysis citing this is "Defining Natural-Born Citizen," by P.A. Madison, The Federalist Blog.
Since then, the case of Perkins v. ELG, U.S. 325 (1939) provides precedent for requiring these two criteria, for one to be called a "native born citizen" (see, "The Law -- Perkins v. ELG," blog, The Betrayal).
St. George Tucker, Justice of the Supreme Court of Virgina, wrote a version of the authoritative Blackstone's Commentaries: With Notes of Reference to the Constitution... which became a recognized resource for determining the framers' original intent. In his Volume 1 -- Appendix; Note D, he explained that the Article 2 "natural born Citizen" requirement was purposed to avoid competing allegiances:
That provision in the constitution which requires that the president shall be a native-born citizen (unless he were a citizen of the United States when the constitution was adopted,) is a happy means of security against foreign influence, which, whereever it is capable of being exerted, is to he dreaded more than the plague. The admission of foreigners into our councils, consequently, cannot be too much guarded against; their total exclusion from a station to which foreign nations have been accustomed to, attach ideas of sovereign power, sacredness of character, and hereditary right, is a measure of the most consummate policy and wisdom. It was by means of foreign connections that the stadtholder of Holland, whose powers at first were probably not equal to those of a president of the United States, became a sovereign hereditary prince before the late revolution in that country. Nor is it with levity that I remark, that the very title of our first magistrate, in some measure exempts us from the danger of those calamities by which European nations are almost perpetually visited. The title of king, prince, emperor, or czar, without the smallest addition to his powers, would have rendered him a member of the fraternity of crowned heads: their common cause has more than once threatened the desolation of Europe. To have added a member to this sacred family in America, would have invited and perpetuated among us all the evils of Pandora's Box.
Certainly, this applied to sons of subjects of the United Kingdom (and the fact that one such subject would travel abroad to declare himself a "Citizen of the World" before hundreds of thousands might also have provided relevant warning).
Intended result of this case
The Donofrio suit calls for a stay of the Dec. 15 Electoral College vote, until a constitutionally acceptable means is attained, of presenting the Electors a set of qualified candidates.
During or after their Dec. 5 conference, the Supreme Court could decide upon a number of directions. Their next step may be revealed this very day, or on Monday, Dec. 8, or at some other time. A book could be written of the many potential outcomes -- and historians will write libraries about one set of results, in their hindsight.
"Post Script" in HTML
Leo Donofrio reports that numerous obstacles have been intentionally placed in the way of his petitioning the courts, in both New Jersey and at the Supreme Court. He also names public officials who have at times attempted to mislead him and by their treatment of his case, have obstructed his path to the Supreme Court. That is another story and not an undramatic one.
Donofrio has had three blogs -- and Internet harassment, as follows:
This report may be updated as progress is made. For information about the operations of the Supreme Court in such matters, see "A Reporter's Guide to Applications Pending Before the Supreme Court of the United States." h/t: numerous bloggers and forum posters including FReepers, MamaTexan and joygrace
A dual citizenship for a child, while possible, is expressly against the intent of Article 2's "natural born Citizen" criterion.
Thank you for the ping.
LOWELL P. WEICKER JR., of Connecticut, born in Paris, was told he was eligible for the Oval Office. GEORGE ROMNEY, born in Mexico, ran for the presidency in 1968. BARRY GOLDWATER was born in the Arizona territory in 1909, before it became a state. CHESTER A. ARTHUR was born in Vermont, but rumors suggested it was Canada.
http://www.nytimes.com/2008/02/28/us/politics/28mccain.html
Very interesting article about McCain, but shows how this issue really has never been resolved. Maybe it will be now.
Someone apparently hasn't read the article. ;-`
Click below for related video:
Of the Golden future time.
**
Come one Come all to the Carnival.
Wrong is Right, Right is Wrong.
Oh where, Oh where do We belong?
“Lack of standing” has stonewalled every petitioner to date. I pray the Justices will sail through standing and jurisdiction issues to get to the merits of this case today.
Obama’s strategy of ignoring the law has seemed to serve him well to date. Leo Donofrio said on Plains radio show last night when speaking to another attorney, Gary Kreeps, (he is filing the Keyes case in California) that it is imperative these cases are handled before the Electoral College votes. Leo said many if not all these cases will be moot because of the “political question doctrine” if they are not adjudicated before this date.
http://www.youtube.com/watch?v=DL08s5uH8as Obama talks about transparency in government. The hypocrisy continues to take my breath away. Only 5,000 people or so have viewed this video.
Today is a case where the Executive and Legislative branches have not done their jobs. The judicial branch is there to make sure the two other branches follow the law.
In Leo’s case, it clearly states they did not not. I hope the case does not get kicked out because of some procedural issue before the merits are even looked at but we will see.
I did read the article. I've also checked out the applicable federal law and relevant Supreme Court decisions. So, pray tell, what is it that I missed?
I hear ya. I actually do think the SCOTUS will hear oral arguments, for the sake of at least going through a process headed toward instructing Congress.
As mentioned, Calero being on the ballot in five states is reason enough for this (and one if the excellent moves of L.D.).
I am not referring to that. The article itself claims he had U.S. citizenship that was revoked by Indonesia. Unless they can prove that then how is he not a citizen?
Again, where did he get the initial U.S. citizenship they claim was revoked by Indonesia?
I know Obama won the election but he did not win in a landslide. I think there were many people who voted for him out of apathy, the so called historical aspect and because they liked the story about him and his family in People magazine. Not all are hardcore Obamabots. You don’t think there would be outrage if it is found out that he is ineligible? Our country would be so weak. What about our military? They don’t pledge an oath to the President, they pledge and oath to uphold the Constitution. Would you be able to support him knowing that he was ineligible? 58 million did not support him and I really believe of the 66 million that did, quite a few million would not just go along with him.
question - Have we ever elected a president, who at the time of his birth, was born of two parents, one or both of which was not a U.S. citizen?
Donofrio is not claiming that Obama is not a U.S. Citizen. He is claiming that Obama is not a “natural born Citizen” according to the meaning of that term.
This has really bothered me. We are a country founded on the rights of the people. We choose who governs us. How can we as citizens not have the right to question the eligibility of the person who seeks to be the President?
It appears that L.D. has been researching and is now reporting such matters on his blog.
He77, I couldn't support him if he was born cradled in the Liberty Bell (turned upside down for his birth), in Independence Hall on the 4th of July, and wrapped in Betsy Ross's handmade flag for swaddling clothes and his official birth certificate printed on the back of the original Declaration of Independence.
Sure, there would be outrage. But not by anyone who is ABLE to do anything about it in a legal, practical sense.
PING !!!!!! I hope that is a good sound to hear after the case today................
He got his US citizenship through he mother. I guess the best way to describe it is, he’s not considered a “fullblooded” American because his father was a subject of England.
Another thing is, a parent can not sever citizenship for their child. So even if, she brought him to Indonesia and he was adopted as a citizen and Indonesia revoked his US citizenship, in the eyes of the United States he would still be a citizen because he was not of age to give his consent to abolish his US citizenship. However, if after the age of consent he kept his dual citizenship IMO, from what I have read, he would not be eligible.
The Constitution and Federalist papers are VERY clear about this. They did not want foreign influences in our government. Allegiance was of the utmost importance to them. They fought the Revolutionary War to be independent from Great Britain. During the War of 1812 the British tried to pull the dual citizenship thing as well, forcing American citizens into military service because of Natural law, making any person any where a subject of the Crown as long as they were born in a British dominion.
I know it would be asking a lot but would the outrage of the people be enough get Congress to do anything?
We have never seen anything like this before. I pray there would be at least a few Congressmen and Senators that would be just as irate as the rest of us.
This could also be the complete suicide of the Democratic party as a whole. They are COMPLETELY blind because of their arrogance and loathing of us. Maybe the chickens will come home to roost.
This whole thing can end up HUGE, like biblical proportions, HUGE!
Then why does he say his citizenship was revoked by Indonesia?
He is claiming that Obama is not a “natural born Citizen” according to the meaning of that term.
I don't know enough about it to decide. However, this is a poorly written article from a logic standpoint.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.