Free Republic
Browse · Search
Bloggers & Personal
Topics · Post Article

To: Seizethecarp

“Bottom line is that the Obama legal team is now claiming that Marguet-Pillado applies to Obama and that case would make the out-of-wedlock Kenya-born child of an eighteen-year-old US citizen mother a “natural born citizen” according to the two-judge 9th Circuit majority and eligible to be president of the United States according to the Obama legal team. This is a blatant attempt to overturn the unanimous holding in Minor v. Happerset defining natural born citizen to exclude those who were not born in the country to citizen parents:”

I see it is according to the 9th Circuit. Hmmmm. That lessens the probability of the Supremes or other circuit courts agreeing with them. In my opinion.


20 posted on 03/11/2012 10:10:15 AM PDT by Qwackertoo (Gingrich/West 2012)
[ Post Reply | Private Reply | To 2 | View Replies ]


To: Qwackertoo
“I see it is according to the 9th Circuit. Hmmmm. That lessens the probability of the Supremes or other circuit courts agreeing with them. In my opinion.”

The 9th Circus is the most reversed circuit in the land. The NBC language appears to have been placed in a jury instruction but a Dems party contributor and Obama backing illegal immigrant defending law firm for the express purpose of giving a federal appeals court the opportunity to declare Barry to be an NBC, IMO. IIRC the NBC language was inserted in the jury instruction at the same time that Kreep and Taitz were arguing their NBC appeal of Judge Carter's ruling before another 9th Circuit panel.

Federal Defenders of San Diego
http://www.fdsdi.com/

“FDSDI has been serving San Diego and Imperial counties since 1966 as a private, non-profit corporation representing indigent persons accused of federal criminal offenses.

“Our staff currently consists of over 45 trial attorneys and 50 support personnel. We have an aggressive and distinguished appellate department.”

43 posted on 03/11/2012 11:52:19 AM PDT by Seizethecarp
[ Post Reply | Private Reply | To 20 | View Replies ]

To: Qwackertoo
This is a blatant attempt to overturn the unanimous holding in Minor v. Happerset defining natural born citizen to exclude those who were not born in the country to citizen parents:

Exactly Qwackertoo. We are learning the extent to which our judiciary, sworn to observe, defend and protect the Constitution are tools of a lawless cabal. When you see a discussion about Constitutional interpretation being argued with U.S. Code, federal law, you can dismiss the truth, though sadly, not the public impact of the misdirection. U.S. Code is made by Congress, which has no authority to interpret the Constitution.

As several have pointed out, that both Ankeny and Marguet-Pillado are such transparent nonesense suggests that the regime is getting concerned. They have used the ignorance of the public about citizenship and natural born citizenship to sustain a fog around eligibility. Obama’s crew can now take credit for inspiring a renascence in of learning about our Constitution.

No kudos to Hillsdale College, whose hypocrisy shines brightly when it avoids this remarkable example of our founder's and framer's wisdom. Such a story that connects the Greeks and Romans to the enlightenment and most of the legal philosophers who inspired our founders, including Locke, Montesque, Pufendorf, Grotian, Leibniz, and others, most usefully compiled in our nation's first law book Vattel's Law of Nations, at our first law school, at William and Mary, chartered by Thomas Jefferson, who guided the curriculum, and whose required text, Vattel was cited more than three times as often as its runner up, Pufendorf, in U.S. jurisprudence between 1789 and 1821 (Nussbaum, Concise History of Law of Nations, and Grotian Society Papers, 1972, citing Dickenson). But then, who are Chief Justice Marsall, Chief Justice Waite, Chief Justice Hughes, and 14th Amendment Bingham to disagree with the brilliant jurists of the 9th Circus or Indiana?

While no one can read Sheriff Arpaio’s intent, his exposure of the remarkably thorough coverup of Obama’s background, while it probably won't turn up documents, whether or not any exist, focuses on the law, Minor, Perkins v. Elg, and all the dicta for the eighty five years before Minor written by Marshall, Story, Tucker, and explanation by 14th Amendment Author Bingham and his Senate co-sponsor. When they resort to ridiculous and politically motivated decisions in the 9th Circus and the jokers who cite Leo Donofrio to support their position that the nation allowed Chester Arthur to be president, knowing he was born to a British subject father (there is no hint that they knew then, misled by Arthur's hiding of his birth documents, and burning them at his death), we know they are worried. They are throwing dung on the bonfire.

52 posted on 03/11/2012 2:49:49 PM PDT by Spaulding
[ Post Reply | Private Reply | To 20 | View Replies ]

To: Qwackertoo
This is a blatant attempt to overturn the unanimous holding in Minor v. Happerset defining natural born citizen to exclude those who were not born in the country to citizen parents:”

There is some disagreement on that point. Lawrence Tribe and Ted Olson were requested by the Senate in 2008 to give an opinion on McCain's eligibility. They concluded that being born to to US citizens abroad was enough and they also opined that being born on US soil (jus solis) was sufficient in the case of Obama.

"The Constitution does not define the meaning of “natural born Citizen.” The U.S. Supreme Court gives meaning to terms that are not expressly defined in the Constitution by looking to the context in which those terms are used; to statutes enacted by the First Congress, Marsh v. Chambers, 463 U.S. 783, 790-91 (1983); and to the common law at the time of the Founding. United Suites v. Wong Kim Ark, 169 U.S. 649, 655 (1898). These sources all confirm that the phrase “natural born” includes both birth abroad to parents who were citizens, and birth within a nation’s territory and allegiance. Thus, regardless of the sovereign status of the Panama Canal Zone at the time of Senator McCain’s birth, he is a “natural born” citizen because he was born to parents who were U.S. citizens.

and

Indeed, the statute that the First Congress enacted on this subject not only established that such children are U.S. citizens, but also expressly referred to them as “natural born citizens.” Act of Mar. 26, 1790, ch. 3, § 1, 1 Stat. 103, 104.

and

Historical practice confirms that birth on soil that is under the sovereignty of the United States, but not within a State, satisfies the Natural Born Citizen Clause. For example, Vice President Charles Curtis was born in the territory of Kansas on January 25, 1860 — one year before Kansas became a State. Because the Twelfth Amendment requires that Vice Presidents possess the same qualifications as Presidents, the service of Vice President Curtis verifies that the phrase “natural born Citizen” includes birth outside of any State but within U.S. territory. Similarly, Senator Barry Goldwater was born in Arizona before its statehood, yet attained the Republican Party’s presidential nomination in 1964. And Senator Barack Obama was born in Hawaii on August 4, 1961 — not long after its admission to the Union on August 21, 1959. We find it inconceivable that Senator Obama would have been ineligible for the Presidency had he been born two years earlier."

94 posted on 03/12/2012 8:35:53 AM PDT by kabar
[ Post Reply | Private Reply | To 20 | View Replies ]

Free Republic
Browse · Search
Bloggers & Personal
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson