Posted on 08/26/2009 12:40:24 PM PDT by kellynla
If Obama's father was a Kenyan then how could Hussein be eligible to be POTUS?
The decision clearly said that the “issue” of a non citizen parent is a “natural born subject” and as much a citizen as the natural born “issue” of two citizens.
Sure it does. If the 14th Amendment hadn't overruled Dred Scott, Obama would not be a citizen at all, and therefore couldn't be a natural-born citizen.
So, you’re assuming Barry’s father is Frank Marshall Davis, and this is recorded in legitimate vital records somewhere? That is the only possible relevance of your highly theoretical discussion.
But then, how do you explain his claim to be the son of a British subject? Are you saying Barry is a liar?
No, I'm assuming the fact that he has some African ancestry, as shown by his skin color. Under Dred Scott, that would mean that he couldn't be a U.S. citizen of any kind. Dred Scott was overruled by the 14th Amendment.
You seem to be mistaken concerning both Dred Scott and Amendment XIV.
Dred Scott applied to descendants of Africans brought over in slavery and under U.S. jurisdiction; not to the sons of British nationals visiting on a student visa.
Amendment XIV did not amend the qualifications necessary to serve as President, as laid out in Section 2.
Hope this helps.
His allegiance to the United States is direct and immediate…and his child, as said by Mr. Binney in his essay before quoted, ‘If born in the country, is as much a citizen as the natural-born child of a citizen…’
That little “...” hides a lot, and it was deliberately left off so as to NOT provide you with relevant information.
Here is what the “...” hides...
“strong enough to make a natural subject, for if he hath issue here, that issue is a natural-born subject;”
Bookmarked as "Non-Sequintur admitted Natural Born = Both Parents Citizens."
McCain was born of two US citizens on land that was under US jurisdiction. But again, he isn't POTUS. If he were, there would probably be discussion on it. As you are aware, the Senate resolution committee that agreed to the two parental citizenship included Hussein himself. If he could agree to that, he knows he is a fraud.
A very handy way of putting it: 14th Amendment citizenship at birth is clearly not natural born citizenship, because both Minor and Wong Kim Ark, decided after ratification of that Amendment, declare that the definition is not written into the Constitution.
I've made a similar point many times in the past, regarding Minor, but hinged upon the fact that the defintion of two citizen parents and born on U.S. soil being never in doubt, coming after the 14th Amendment, precluded any such interpretation of citizenship at birth under the 14th Amendment.
Take the two together, and that should effectively lay to rest any contention that the natural born citizen eligibility requirement was somehow unintentionally altered and broadened, by virtue of the 14th Amendment. And, additionally, it should effectively lay to rest any contention that citizenship at birth, purely in and of itself, is natural born citizenship.
“You’re playing word games again. “Moment of birth”? That’s cute, but we’re discussing ‘Natural born’ citizenship as written in the Constitution. The founding fathers meant what they said. ‘Natural born citizen’ means what it says. The founding fathers were clearly using that term as it was defined in the ‘Law of Nations’ at the time. “
***
Produce the name of one legal scholar that believes that. Just one?
“Except that per the Constitution he needs to prove he is eligible which he’s blocking at every turn.”
***
Stupid as it may be, there is no statute that mandates the testing for eligibility. The Congress can challenge for eligibility during the Electoral College vote count, but that’s it — there is no legal mandate for demanding him to show anything to anyone. It is stupid that Congress never enacted a law, but it’s the reality we face. The law is NOT on our side.
Both parents need to be US citizens, which is one part of why it matters not where O was born. No matter WHERE he was born, the fact remains he is only one-half American. He could have been born in the White House, and he still would have had paternal allegiances to Kenya (and Great Britain). Being adopted by his Indonesian stepfather adds a whole other dimension to the puzzle, but for all intents and purposes, Obama had split citizenship, which made/makes him ineligible to be our PRESIDENT.
Chief Justice John Jay, Chief Justice John Marshall, Chief Justice Morrison Waite, and the father of the 14th Amendment, John Bingham, to name a few.
I honestly doubt you'll find any Chief Justice of the Supreme Court in the eighteenth, nineteenth or early twentieth centuries, who would agree with your loose interpretation of a very specific, legal term of art in the Constitution, since every pertinent Supreme Court decision from that era, was within the understanding found in Vattel's The Law Of Nations.
Matter of fact, when pressed, to this day there appear to be no Justices, nor any Congressmen, willing to go on record, and point blank agree with your interpretation, Technical Writer. Witness the truly bizarre Sense of the Senate Resolution, SR 511, which states that John McCain was born of citizen parents, and on U.S. soil.
You'd have us believe that this was all just some odd coincidence, I suppose?
“I suspect he put that on his page for kicks.”
Yes, he did ... and I fell for it!
“Can you actually read English? He says “foreigners,” not “children of foreigners.”
Honestly, FR people are getting less intelligent every day.”
OK. Now let’s give YOUR dumb ass a quick little IQ test. Did you ever stop to consider that amongst the “Foreigners” that Jay was referring to were the PARENTS AND THEIR ASSOCIATES. And that the reasoning was to minimize the possibility of alien ideas transmitted thru their children by ensuring that the PARENTS were vetted by US citizenship???
I guess not. You’re too busy trying to get Hussein, the lying Marxist basturd of a usurper off the hook.
Insert in there somewhere that I didn't say that was required in all cases. Not that accuracy has ever been a Birther strong suit.
But not U.S. territory, and at the risk of repeating myself that is one of the requirements of the Birther definition of natural-born citizen - born of two U.S. citizens in U.S. territory. By that definition, McCain isn't a natural-born citizen. By the laws in place at the time, he is. And that's good enough for me.
But again, he isn't POTUS. If he were, there would probably be discussion on it.
And if he were the same people claiming Obama isn't a natural-born citizen would be up there saying McCain was. And the Democrats would be the Birthers and we'd be laughing at them.
As you are aware, the Senate resolution committee that agreed to the two parental citizenship included Hussein himself.
Again, a non-binding resolution.
If he could agree to that, he knows he is a fraud.
How so? How does anything in SR511 remotely relate to Obama's circumstances?
Where did it say: "Nonbinding Senate Resolution 511"??? Are you saying that the Senate that voted to accept Obama's electoral votes does not know what is meant by the term "natural born citizen"???. Then I guess their acceptance of his electoral votes was likewise non-binding.
It doesn't say he was born on U.S. territory, but on a U.S. military base. And there is some question as to whether that is correct of if he was, in fact, born in a hospital in Colon.
I guess to settle that question the Senate asked to take a look at his birth certificate and he showed it to them without hesitation, or they wouldn't have put that in the resolution, would they??? Either way, birth on a military base AND of two American citizens was essential to the Senate definition of "natural born citizen". Does Obama meet those qualifications???
Did the Senate see Obama's birth certificate??? Did they know that both his parents were not citizens??? Where's Obama's Senate Resolution 511 -- binding or non-binding???
It's non-binding because it was not sent to the President to be signed into law. And the reason why it was never intended to be signed into law is because it deals with a matter that the Senate has no jurisdiction over. The Senate could not declare John McCain a natural-born citizen unless the law first said he was. Anymore than they could declare he was not a natural-born citizen if the law said he was.
I guess to settle that question the Senate asked to take a look at his birth certificate and he showed it to them without hesitation, or they wouldn't have put that in the resolution, would they???
Can you point out just where that non-binding resolution refers to McCain's birth certificate? Or any other documentation?
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.