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Judge Malihi Rules Against Plaintiffs: Says Obama Born In Hawaii Therefore Natural Born Citizen
BirtherReport.com ^ | 2/3/2012 | Kevin Powell

Posted on 02/03/2012 2:19:38 PM PST by GregNH

We just spoke with plaintiff Kevin Powell and he reports Judge Malihi has ruled against the Plaintiffs and stated in his order that Obama was born in Hawaii and therefore Obama is a natural born Citizen.

(Excerpt) Read more at obamareleaseyourrecords.blogspot.com ...


TOPICS: Government
KEYWORDS: birthcertificate; certifigate; ga; georgia; malihi; naturalborncitizen; obama
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To: tablelamp
“The entire legal community can’t be wrong while a few non-lawyers have it right. The answer is right in front of you. It’s the simple answer, not the complicated, contorted arguments of Taitz, Apuzzo and Donogrio. The Chief Justice would not have sworn in someone who is not eligible.

Wong Kim Ark, Ankeny and Malihi decisions are unbeatable. It’s time to accept the courts have decided based on the correct interpretation of the Constitution and the Law. The decision in Wong points to the 14th amendment: there are only two kinds of citizen in the US - natural-born and naturalized. A person who is born here is a natural-born citizen and eligible to be President. Simple. Straight-forward. Direct. No contorted explanations meant to exclude people who might not have been considered citizens before the 14th amendment. No analysis of pdf’s and halos or stamp, stamp, stamp. No cherry-picking of books, articles, or dissenting side of SC opinions.

Barack Obama is a natural born citizen because he was born in Honolulu on Aug 4, 1961. Stipulated to by the plaintiffs in Georgia. It’s time to accept he’s eligible to be the President, that he IS the President. He might even get re-elected. Instead of spending any more energy on incorrect legal interpretations that fail every time, it’s probably time to support Obama’s opponent in the election and get him out of the White House the old-fashioned way: beat him at the ballot box.”

Alas, to the conspiratorial mindset, any and all things are possible. It's fixation is not on objective assessment, but on what it psychologically needs to be true; any intrusion by reality is dismissed as biased, misinformed, sinister, etc. It's a very old pattern in human history. At least this one isn't actually spilling blood, even if it is doing some damage to the conservative cause.

But you're solution is dead on. If people want Obama out of the White House, they need to stop bedwetting and cringing from make believe monsters and volunteer to work their precinct to get the vote out for the Republican nominee in November. That's the actual Constitutional option.

621 posted on 02/04/2012 10:10:47 PM PST by tired_old_conservative (.)
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To: Lurking Libertarian
The holding of Minor was that the 14th Amendment did not give women the right to vote. Therefore, the discussion of citizenship was not essential to the result-- Ms. Minor was found to be a natural born citizen, but not entitled to vote because of her gender. Had she been found to be a citizen but not a natural born citizen, she would have likewise not been eligible to vote; had she not been a cittizen at all, she would have not been eligible to vote. The discussion of her citizenship was not essential to the holding, and is therefore dictum.

You need to actually read the decision. You don't seem understand the first thing about it. Nearly half of the decision is devoted to explaining the different ways one can become a citizen. Minor made an argument based on being a citizen under the 14th amendment, and the court unanimously rejected that argument because she fit the NBC definition. It was not simply dicta. What point does it serve to talk about her being born to citizen parents when it wasn't part of her argument??? Think about that a while.

That's not just me saying that; the court in Wong Kim Ark said the same thing;

No it didn't. The Ark court cited Minor to explain that the 14th amendment does not say who shall be natural-born citizens. It upheld the Minor decision and affirmed that the NBC is based on having citizen parents.

Minor v. Happersett (1874), 21 Wall. 162, 166-168. The decision in that case was that a woman born of citizen parents within the United States was a citizen of the United States, ...

Why does the court EMPHASIZE that Minor was born to citizen parents if NOT for how it fits the NBC definition??

the court in Ankeny said it;

The Court in Ankeny said a lot of things that just aren't legally supported. It contradicted itself by citing the exact reason why Wong Kim Ark and jus soli do NOT define natural-born citizenship:

In Minor, written only six years after the Fourteenth Amendment was ratified, the Court observed that: The Constitution does not, in words, say who shall be natural-born citizens.

Ark was found to be a citizen via the 14th amendment. But only six years after the 14th amendment was ratified, the Minor court said it clearly did NOT define natural-born citizenship. They did this by rejecting Virginia Minor's argument. Now how and why did Ark cite Minor on this detail if it is NOT "essential" to the holding??

622 posted on 02/04/2012 10:11:57 PM PST by edge919
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To: Lurking Libertarian
The guidance in Wong Kim Ark says this is NOT true. The courts in the 20th century seem to have forgotten this:
neither he nor his parents acting for him ever renounced his allegiance to the United States

The Ark court had no problem with accepting that someone who might be born a U.S. citizen can lose their citizenship because his parents renounced it for him. If we want to follow Ark for "guidance" on NBC, then we need to follow it here too, right??

623 posted on 02/04/2012 10:15:36 PM PST by edge919
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To: Mr. K

Your daughters are lovely and look gigglingly happy!

Do you FReep from the turret? :)


624 posted on 02/04/2012 10:19:30 PM PST by GGMac ((lesson learned re Obie: parse every sentence, every word, every gesture, every photo))
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To: Obama Exposer; bushpilot1; LucyT; rxsid; Red Steel; DiogenesLamp; null and void; melancholy; ...
Please look at the CONNECTION of Fogbow Atlanta attorney Jill Pryor with ‘kinfolk’ Michael Malihi. I think you will find your answer.

Pinging a few names to Obama Exposer's comment, hope someone enlightens me, my brain can't go any farther tonight.

625 posted on 02/04/2012 10:27:41 PM PST by little jeremiah (We will have to go through hell to get out of hell)
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To: GGMac

Is Lolo dead?


626 posted on 02/04/2012 10:30:22 PM PST by Bellflower (The LORD is Holy, separated from all sin, perfect, righteous, high and lifted up.)
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To: Bellflower
Is Lolo dead?

She's very much alive!


627 posted on 02/04/2012 10:34:46 PM PST by Revolting cat! (Let us prey!)
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To: Revolting cat!

WHAT IS THAT???? Is that what a Lolo is? Yikes!


628 posted on 02/04/2012 10:42:09 PM PST by Bellflower (The LORD is Holy, separated from all sin, perfect, righteous, high and lifted up.)
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To: Las Vegas Ron

You mean Drool or someone else?


629 posted on 02/04/2012 10:44:05 PM PST by little jeremiah (We will have to go through hell to get out of hell)
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To: little jeremiah

Your brain is just fine. Use it. I urge all of y’all to do it. A hint!

LorenC

I am now officially withdrawing from this website.


630 posted on 02/04/2012 10:53:24 PM PST by Obama Exposer
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To: Obama Exposer

Why leave just when the fun begins?

Others here are much, much smarter and more on top of things than I am. I’m a mere hanger on, trying to get the gist of what’s going on.


631 posted on 02/04/2012 10:57:52 PM PST by little jeremiah (We will have to go through hell to get out of hell)
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To: Bellflower

Yes - March 2, 1982, of liver failure. Age 52.

The Lolo pictured in the comment after yours will probably expire due to acute gel-loss following some kind of explosion - which from the looks of her could happen at any minute!


632 posted on 02/04/2012 10:58:35 PM PST by GGMac ((lesson learned re Obie: parse every sentence, every word, every gesture, every photo))
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Comment #633 Removed by Moderator

To: TheOldLady

Self-ZOT at #630, #633.


634 posted on 02/04/2012 11:58:09 PM PST by Slings and Arrows (You can't have Ingsoc without an Emmanuel Goldstein.)
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Comment #635 Removed by Moderator

To: tablelamp; Jim Robinson

636 posted on 02/05/2012 12:29:50 AM PST by Bikkuri
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To: Brown Deer; Fred Nerks

“Your brain is just fine. Use it. I urge all of y’all to do it. A hint!

LorenC

I am now officially withdrawing from this website.”

“ZOT the little weasel!!!”

To Fred: Well, how about that, eh? :)


637 posted on 02/05/2012 12:48:31 AM PST by Flotsam_Jetsome (If not you, who? If not now, when?)
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To: Flotsam_Jetsome
“ZOT the little weasel!!!”

Sung to the tune of "Zot Goes The Weasel"?

638 posted on 02/05/2012 2:40:33 AM PST by sourcery (If true=false, then there would be no constraints on what is possible. Hence, the world exists.)
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To: bushpilot1

Google “Zeituni”. Reporting a fact gets a zot?


639 posted on 02/05/2012 4:56:56 AM PST by tablelamp
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To: DiogenesLamp
For an expert on the Constitution, you seemed to have missed a lot of case law on Indian sovereignty. Indian tribes are specifically mentioned three times in the Constitution so it is clear that they have a unique standing as opposed to Germans. The Indians were not considered under the jurisdiction of the US government - the Indian tribes were sovereign nations. It was recognized that they could be naturalized as US citizens:

“[Native Americans], without doubt, like the subjects of any other foreign Government, be naturalized by the authority of Congress, and become citizens of a State, and of the United States; and if an individual should leave his nation or tribe, and take up his abode among the white population, he would be entitled to all the rights and privileges which would belong to an emigrant from any other foreign people.
—Chief Justice Roger B. Taney, 1857”

And over the years other methods of Indians obtaining citizenship were recognized:

1. Treaty provision (as with the Mississippi Choctaw)
2. Registration and land allotment under the Dawes Act of February 8, 1887
3. Issuance of Patent in Fee Simple
4. Adopting Habits of Civilized Life
5. Minor Children
6. Citizenship by Birth (The Indian Citizenship Act of 1924)
7. Becoming Soldiers and Sailors in the U.S. Armed Forces
8. Marriage to a U.S. citizen
9. Special Act of Congress.

But Indians were never born US citizens until 1924.

As for slaves, states did in fact give citizenship to freed slaves. But according to the Dred Scott decision, no one of African descent, slave or free, was protected by the Constitution and could never be a citizen. In the eyes of the Supreme Court, according to the Constitution there were no black citizens, free or in bondage. Hence the 14th Amendment.

640 posted on 02/05/2012 4:58:14 AM PST by Harlan1196
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