Posted on 07/19/2009 6:49:59 AM PDT by PurpleMountains
We are not governed by English common law but by the Constitution and the laws made under it. But since you bring it up, the principle under English common law was that birth within the realm compelled loyalty to the King. As Justice Gray stated in the Ark case: "The fundamental principle of the common law with regard to English nationality was birth within the allegiance, also called "ligealty," "obedience," "faith," or "power" of the King. The principle embraced all persons born within the King's allegiance and subject to his protection. Such allegiance and protection were mutual -- as expressed in the maxim protectio trahit subjectionem, et subjectio protectionem -- and were not restricted to natural-born subjects and naturalized subjects, or to those who had taken an oath of allegiance, but were predicable of aliens in amity so long as they were within the kingdom. Children, born in England, of such aliens were therefore natural-born subjects. But the children, born within the realm, of foreign ambassadors, or the children of alien enemies, born during and within their hostile occupation of part of the King's dominions, were not natural-born subjects because not born within the allegiance, the obedience, or the power, or, as would be said at this day, within the jurisdiction, of the King."
So if you want to cling to English common law, then when you face the Supreme Court you'll have to say that if Obama was born in Hawaii as claimed then he's a natural-born U.S. citizen. Regardless of his father's nationality.
Orly might be, to some degree, an exception because I think someone may be paying her something--either Joe Farrah or Keyes. But she isn't a good enough lawyer to make it happen, even with a great deal of support.
The other side is represented by large law firms with hundreds of associates to put to work on any minute details that are at issue. I believe that the $990k+ estimate of what Obama has spent is understated by a factor of two or three at least.
And the one or two individual lawyers who get into this also need to make a living and feed their families while they are doing it.
So pretty rapidly, their personal financial and professional business requirements run into the volume of work that is required just to avoid getting kicked out on the Obama challenge.
I made one effort last summer to raise the money to put together a challenge. I met with a very small group of interested business and professional parties who were interested. But among other things, I sensed then a developing view that Obama was not likely to be able to exercise sufficient power to change the business and financial landscape.
I estimated that for $2.5mm in investigation and $10mm in legal, you could probably get him kicked out as long as you did it long enough before the conventions to get court orders in place (before the convention started).
I think the task might be more difficult now. Although if you had a group of the correct kind of military officers, in some respects, the legal might be easier.
I think the English common law definition is likely to be viewed as controlling because that is where the term came from and they used it for the purpose of incorporating the underlying meaning.
There are a whole host of arguments out there, even if he was born in Hawaii, that he is not a natural born citizen but my money would be on the proposition that if he ever proved he was born in Hawaii, he is going to serve the rest of his term anyway.
I tend to ignore those arguments at this point in any event because I have seen a fair amount of evidence, not all of which is yet here on the record that he was in fact born in the Coast Hospital outside Mombassa in Kenya. Now all of us who have tried cases have looked at these kind of factual cases which looked pretty bulletproof and found that fraud and perjury avoided the obvious legal result.
In a case where you have high powered well funded large law firms on Obama's side and a bunch of emotional volunteers on our side, you may well have reached the point where you never get to the correct result.
I guess at present, one of the best hopes is that the military has finely figured out that they have the biggest problem and may well do something about it.
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“I tend to doubt that Orly and a few volunteers are likely to win this. That just isn’t how our legal system works in the modern world—maybe it ought to but that isn’t how you make it happen.”
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I can best answer your comments in the words of Canadian Free Press writer, JB Williams http://canadafreepress.com/index.php/article/12999
(snip)
Every member of the Supreme Court, every member of congress, every member of the Joint Chiefs, most members of the DOD, CIA, FBI, Secret Service and state run media, ABC, CBS, NBC, CNN, PBS, NPR, MSNBC, Fox and print news, knows that Barack Hussein Obama does NOT meet Article II – Section I constitutional requirements for the office he holds. By his own biography, there is NO way he can pass the test. The hard evidence is so far beyond overwhelming, it is ridiculous.
(snip)
But not ONE member of America’s most powerful people will dare confront Obama and his anti-American cabal on the subject. The Constitution does NOT stand.
(snip)
Half of the people you expect to stop this insanity are quiet co-conspirators in the silent coup. The other half is paralyzed by fear, motivated only by political self-preservation.
(Snip)
Americans keep asking what they can do because they see that none of their leaders are doing anything to stop the demise of their beloved country. It’s the right question, because those leaders are NOT going to stop this thing.
(Snip)
Who will save Freedom?
A brave few… This is how it was in the beginning, how it has always been and how it will be.
(Snip)
Orly Taitz, Phil Berg and Gary Kreep, all of whom have made defending the Constitution and the American way of life a personal ambition, in the absence of any constitutional leadership.
(Snip)
A precious few, but they exist… and the walls are indeed closing in on Obama and his evil cabal. If the American people fail to get behind these brave few who are seeking peaceful redress, all peaceful options will evaporate as if they never existed. We will return to a pre-1776 America overnight.
Time to turn up the heat on the Pretender.
Thanks, David.
Check out David’s comments at #122 and #123.
“Go to post 17, and follow the links.”
http://www.freerepublic.com/focus/news/2293817/posts?page=18
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That’s not much of a source to show that Orly and Jamie Gorelick are working together. The Calpernia-Orly catfight is well known. If your argument is “Gorelick works for AIPAC, Orly follows AIPAC, ergo Orly works with Gorelick”, then by extension, 90% of the Senate and House are working with Orly!
I think you’d hear a cheer around the country!
I'm taking careful notice of the moods of the people in my very blue corner of the country--specifically, the people on their way to or from work. I'm seeing few or no BO pins, T-shirts or what-have-you (the few I do see are on college kids or some black people). These working people look very grim, very tired. They also have a curious expression on their collective faces. It's cynicism coupled with a deep thoughtfulness. I wonder what it is they're thinking.
I wonder how these people would react to the righteous, fact-based defiance demonstrated by those people in Delaware at Mike Castle's visit.
A few months ago they might not have been willing to listen. Now, I think they'd be willing.
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