JustiaGate

The Examiner ^ | 10-20-2011 | Dianna Cotter

[Danae]

Someone was incredibly busy in June 2008 working on an illegal front invisible to the public; searching and altering Supreme Court Cases published at Justia.com which cite the only case in American history - Minor v. Happersett (1875) - to directly construe Article 2 Section 1's natural-born citizen clause in determining a citizenship issue as part of its holding and precedent.  In this unanimous decision, the Supreme Court defined a "native or natural-born citizen" as a person born in the US to parents who were citizens; a definition which excludes from eligibility both Barack Obama and John McCain. 

In June 2008 no one was discussing Minor v. Happersett 88 US 162 (1875) with regard to Obama. In fact, those who were discussing the then Senator’s citizenship status had focused instead on his birth in Hawaii in a attempt to prove the future president was not born in the United States despite publication of the Senator’s short form computer generated Birth Certificate. It would not be until October of 2008 that Barack Hussein Obama’s eligibility would be questioned as to his status as a dual citizen at the time of his birth.

[Danae]

Ping

[Danae]

Donofrio didn’t find or publish about it until October of 2008. He was one of the first as a matter of fact.

[Danae]

Do NOT confuse Native born and Natural Born. Go with the specific words of Minor v. Happersett. THAT IS THE LAW OF THE LAND which is in force right this instant.

We MUST stick to the law, otherwise we have nothing.

[Vickery2010]

I *am* sticking to the law. I’m explaining YOUR quote, from Luria v. U.S. The specific words from the 1913 Supreme Court case.

Wherein the Supreme Court said that the difference between a “naturalized citizen” and a “native citizen” is only in Presidential eligibility.

[Danae]

They refused to allow you to be an examiner didn’t they?

[Danae]

I included your name since I was sort of inserting myself into your conversation.

:)

Sorry for the misunderstanding!

[little jeremiah]

Vickery is a hired obotroll and I don’t add obotrolls in the “to” box when referring to them. This is a serious issue, so many have showed up already to claim this is of no importance.

[DustyMoment]

According to nndb: Born 1936 in the Panama Canal Zone, to military parents. The United States has never had sovereignty over any part of Panama, thus the 14th Amendment's words, "born or naturalized in the United States", do not apply. Congress passed a law on 4 August 1937 retroactively granting those born in the Canal Zone after 1904 US citizenship, nearly one year after McCain's birth. That law (50 Stat. 558, now codified as 8 USC § 1403) states: "Any person born in the Canal Zone on or after February 26, 1904, and whether before or after the effective date of this chapter, whose father or mother or both at the time of the birth of such person was or is a citizen of the United States, is declared to be a citizen of the United States." It is thus certain the McCain is a US citizen, but his status as "natural born citizen" may be questioned.

While the record remains muddy, based on searching a number of Internet sites, it would seem that the Congressional law passed in 1937 would trump the citizenship issue but, as the citation notes, does leave the "natural born citizen" issue unclear.

8 USC Section 1403 states - " TITLE 8 > CHAPTER 12 > SUBCHAPTER III > Part I > § 1403 § 1403. Persons born in the Canal Zone or Republic of Panama on or after February 26, 1904:
(a) Any person born in the Canal Zone on or after February 26, 1904, and whether before or after the effective date of this chapter, whose father or mother or both at the time of the birth of such person was or is a citizen of the United States, is declared to be a citizen of the United States.
(b) Any person born in the Republic of Panama on or after February 26, 1904, and whether before or after the effective date of this chapter, whose father or mother or both at the time of the birth of such person was or is a citizen of the United States employed by the Government of the United States or by the Panama Railroad Company, or its successor in title, is declared to be a citizen of the United States."

[little jeremiah]

You fool no one. The only thing in question is your motive. Which I don’t care about.

[Windflier]

Incredible article, Danae. Thank you so much for all of the effort that went into producing it. I posted it to my Facebook wall.

[Vickery2010]

S’okay. No harm, no foul.

[Para-Ord.45]

bm

[Danae]

is a citizen of the United States, is declared to be a citizen of the United States

A Natural Born Citizen is a Citizen. A Citizen is NOT necessarily a Natural Born Citizen. The two are NOT the same. I am certainly not saying McCain isn't a citizen! Not even remotely. He isn't a Natural Born Citizen and that comes from Minor v. Happersett and the legal defination it created. It is why McCain didn't challenge Obama on it. He could not have stood up to the light of minor even with his shiney new Senate Resolution.

[Danae]

Thanks Windflier!

:)

Maybe I can get a good night’s sleep now. Well, I do have a whole lotta homework for school to to that I have ignored all week to get this done! Eeeeek! I have a 1 Star General teaching one of my classes too! And I have a paper due too! ACK! And I am SO burnt out.

[STARWISE]

Political/US Constitution muckraking flashback,. It is NON-BINDING .. it is NOT a law.

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

Senators Introduce Resolution To Make Clear Senate’s Position On Candidate’s Status
Senators: McCain Is A ‘Natural Born Citizen’

Excerpt:

WASHINGTON (Thursday, April 10, 2008) Sens. Patrick Leahy (D-Vt.) and Claire McCaskill (D-Mo.) today introduced a resolution expressing the sense of the U.S. Senate that presidential candidate and current Senator John McCain (R-Ariz.) is a ‚Äònatural born Citizen,’ as specified in the Constitution and eligible to run for President.

In February, The New York Times [a well-known liberal propaganda rag] published a report calling into question the legality of McCain’s presidential run. McCain was born to American citizens stationed on an American Naval base in the Panama Canal Zone. He has since served in the U.S. Navy, and, since 1983, has served in the U.S. Congress.

“Because he was born to American citizens, there is no doubt in my mind that Senator McCain is a natural born citizen,” said Leahy. “I expect that this will be a unanimous resolution of the Senate.”

*snip*

Mrs. MCCASKILL (for herself and Mr. LEAHY, Mr. OBAMA, Mr. COBURN, Mrs. CLINTON, and Mr. WEBB) submitted the following resolution; which was referred to the Committee on

_______________

RESOLUTION

Recognizing that John Sidney McCain, III, is a natural born citizen.

http://www.canadafreepress.com/index.php/article/13304http://www.canadafreepress.com/index.php/article/13304

[Semper911]

The Constitution does NOT make a distinction between a “native citizen” or a “natural born citizen” AT ALL.

Article II:

No Person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President; neither shall any person be eligible to that Office who shall not have attained to the Age of thirty five Years, and been fourteen Years a Resident within the United States.

You are right that I typed it wrong. I meant to say a distinction between "citizen" and "natural born citizen."

Read Article II and you see them use both terms, making the distinction.

There is no way you can argue that "natural born citizen" isn't in the Constitution, nor that a distinction isn't made.

[Semper911]

Donofrio didn’t find or publish about it until October of 2008.

Okay.

[Danae]

Not only non-binding, but when held up to the light of Minor v Happersett, it fails in the law. Resolutions are not law.

I was not real happy about McCain as a candidate. But now we know why he was such a limp noodle about campaigning. He could not stand the scrutiny of Minor any more than Obama could. Though to be honest, Obama’s transgression is FAR worse. By far. With McCain there is some doubt because of the Canal Zone and what that means.

With Obama there is NONE.

None whatsoever.

Minor PROVES Obama is not and never was a Natural Born Citizen. The man should be removed from office IMMEDIATELY.

Justia... man. Whoever did that should be in a world of hurt.

[Menehune56]

McCain got a resolution from the Senate, and that does say something.

One thing the resolution said is that there was no way the Senate would question McCain's eligibility. I've always wondered why Obama didn't try to get a similar resolution at the same time. It seems to be a case of the dog that didn't bark. McCain's Senate Bill contains a little fib too in stating that he was born on a US Military base and not in Colon Hospital in sovereign Panama.

Very interesting article, thanks for posting it. I'll be interested in seeing how Justia is able to explain this away. Please let us know.