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To: Red Steel

“President Carter appointed comrade judge Cudahy who put that in his opinion and who only regurgitated the illegal immigrant lawyer’s lamination.”

I don’t get the argument there. According to the U.S. Constitution, Article II, Section 2, paragraph 2, the President nominates and with advice and consent of the Senate appoints federal judges. A federal judge’s office does not depend upon you or I approving of the nominating and appointing officers.

As for what is dicta, in what cases was presidential eligibility even at issue? There was some litigation around Eldridge Cleaver being too young when he ran for president in 1968, but that’s not the issue here. From 2008 on, some people challenged Obama’s and McCain’s eligibility, and got thoroughly trounced in court. The clearest judicial statement I know of on the specific matter here was a unanimous opinion of a three-judge panel of the Court of Appeals of Indiana:

“Based upon the language of Article II, Section 1, Clause 4 and the guidance provided by Wong Kim Ark, we conclude that persons born within the borders of the United States are ‘natural born Citizens’ for Article II, Section 1 purposes, regardless of the citizenship of their parents.” [Ankeny v. Daniels]


152 posted on 07/03/2011 2:27:45 AM PDT by BladeBryan
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To: BladeBryan

The 14th Amendment has nothing to do with Article II, Section 1, of the U.S.Constitution.


154 posted on 07/03/2011 2:57:47 AM PDT by SatinDoll (NO FOREIGN NATIONALS AS OUR PRESIDENT!)
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