Free Republic
Browse · Search
General/Chat
Topics · Post Article

To: Brytani; MissTickly

Or ask her, my what constitutional clause are you basing your assessment that a person is a Natural Born Citizen.

~~~

I’d be shocked if a state official could render that legal and official Constitutional determination regarding a US president that, as far as I know, no US Court has ever entertained for a US presidential candidate or president, nor has any such ruling or decision ever been rendered in our history (there again, as far as I know).

Feel free to correct me.


168 posted on 07/30/2009 12:17:52 PM PDT by STARWISE (The Art & Science Institute of Chicago Politics NE Div: now open at the White House)
[ Post Reply | Private Reply | To 138 | View Replies ]


To: STARWISE
The lower court from which the Perkins v Elg case made it to the SCOTUS actually used the term natural born citizen for Miss. Elg, but the SCOTUS noted that an specifically refused to acknowledge that faulty assertion when they made their final runling. Interestingly, both the phrase native born and natural born show up in the ruling, but the Court chose to not use either in making a final ruling, resorting instead to simply 'American citizenship'.

[[ Fifth. The cross-petition of Miss Elg, upon which certiorari was granted in No. 455, is addressed to the part of the decree below which dismissed the bill of complaint as against the Secretary of State. The dismissal was upon the ground that the court would not undertake by mandamus to compel the issuance of a passport or control by means of a declaratory judgment the discretion of the Secretary of State. But the Secretary of State, according to the allegation of the bill of complaint, had refused to issue a passport to Miss Elg "solely on the ground that she had lost her native born American citizenship." The court below, properly recognizing the existence of an actual controversy with the defendants

Page 307 U. S. 350

(Aetna Life Ins. Co. v. Haworth, 300 U. S. 227), declared Miss Elg "to be a natural born citizen of the United States," and we think that the decree should include the Secretary of State as well as the other defendants. The decree in that sense would in no way interfere with the exercise of the Secretary's discretion with respect to the issue of a passport, but would simply preclude the denial of a passport on the sole ground that Miss Elg had lost her American citizenship. ]]

207 posted on 07/30/2009 1:51:46 PM PDT by MHGinTN (Believing they cannot be deceived, they cannot be convinced when they are deceived.)
[ Post Reply | Private Reply | To 168 | View Replies ]

To: STARWISE

You are correct, NBC has never had it’s sole definition codified into law.

That is where we have the greatest weapon against Hawaii. How the h*ll can they verify a person is a NBC when we have no USSC ruling explicitly stating what exactly a NBC is.


240 posted on 07/30/2009 3:38:17 PM PDT by Brytani (DC Freeper Convention and National Tea Party - FreepMail Me for rooms and convention info!)
[ Post Reply | Private Reply | To 168 | View Replies ]

Free Republic
Browse · Search
General/Chat
Topics · Post Article


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