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Being born in the United States does not even make one a 'NATIVE' citizen.
nobarack08 | Feb 12, 2010 | syc1959

Posted on 02/12/2010 12:35:44 PM PST by syc1959

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To: EnderWiggins

If I remember correctly, John didn’t include the e-mail because the e-mail itself says that its contents are not to be disclosed. However, that very e-mail would be discloseable to the public if requested in a UIPA request so there shouldn’t be any problem posting it. Maybe I’ll mention that to John. I have seen the e-mail.

Now the requests that YOU say you sent to the DOH.... I haven’t seen. Why is that?


1,301 posted on 02/22/2010 4:10:11 PM PST by butterdezillion
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To: EnderWiggins
You continue to ignore that Wong Kim Ark was about the 14th Amendment and its use of the word "citize" is strictly in that context. It has nothing to do with Article II, Section 1, Clause 5's phrase. And Marxhall's quote dirictly refers to the concept in Vattel of the "citizen" who is native born, a phrase used also by Vattel in other parts of his 1756 treatise with which the founders were so familiar and which was the subject of much discussion.

You apparently have not read the actual case of The Venus, not surprisingly, either that our you do not understand what it says. It is much about citizenship as an essential element of the controversy between prize claimant and defendants.

Either you are extemely dense or just stupid. First you cite something Cicero said about the Roman Re;ublic as if it were English common law and then you engage in disinformation by saying that I said, which I did not, that the French invented the term "citizen" at the time of their revolution. As you pointed out it goes back to Rome and classical Greece. You may have heard of the Latin word "cives."

You seem to be historically quite ignorant. Let me point out that the great struggle at the time of our Revolution was between republicanism and monarchism. Under monarchies the law discussed "subjects" as in subjects of the King as lord, dating back to feudalism. By contrast we and the French revoloutionaries looked intitially, before the excesses of the French Revolution, upon ourselves as fellow republicans in an otherwsie monarchistic world, as citizens of a Republic, like all those that Madison studied under Witherspoon and of whose demise at the nands of demagogues and foreign influences they were quire keenly aware and very concerned about. That is the point, which you seem to assidiously miss and misrepresent. It is kind of like misrepresenting that the ancient Roman Republic concept of citizen of Rome is a term of English common law of the 1700's.

Is it beyond your comprehension to see that Marshall was precisely, in the quote from Vattel that he used, quoting Vattel's concept of being a "citizen" who is natural born in the sense of being the child of a citizen father and mother? Perhaps you have dyslexia and cannot comprehend phrasing that means the same in more words than the more concise "natural born citizen."

You seem to take pride in trolling for those who would destroy our Constitution and doing it with such lack of comprehension and delight in misinforming. History will expose the fraud for whom you troll. You must be concerned that he and his Ci-cago gang won't be able to use you and others like you to destroy the Constitution and that it will not only be saved but will save the day as it was designed to do, against essentially foreign influences and demagogues who can, at least temporarily, stir up the masses.

1,302 posted on 02/22/2010 4:13:10 PM PST by AmericanVictory (Should we be more like them or they more like we used to be?)
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To: butterdezillion
"If I remember correctly, John didn’t include the e-mail because the e-mail itself says that its contents are not to be disclosed."

It does not appear that you remember correctly. I'm looking at Charlton's post right now, and I see no indication that any disclosure was prohibited.

So... your admission here is what? That you never have actually seen any claim by Nagamine that there was a "conflict of interest?"
1,303 posted on 02/22/2010 4:18:35 PM PST by EnderWiggins
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To: EnderWiggins

It’s the first lesson in the “Dr. Orly Taitz Esquire School of Filing Legal Complaints and Stuff.”


There you go again, comrade... let’s attack another concerned American citizen... a citizen that has personally witnessed the same government evils in the Soviet union now happening here in America.

Oh yah!

STE=Q


1,304 posted on 02/22/2010 4:38:06 PM PST by STE=Q ("It is the duty of the patriot to protect his country from its government" ... Thomas Paine)
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To: AmericanVictory
"You continue to ignore that Wong Kim Ark was about the 14th Amendment and its use of the word "citize" is strictly in that context."

Such a claim cannot be honestly maintained by anyone who has read the actual decision. It contains what remains to this day the most comprehensive treatment in any Supreme Court Decision regarding the origin and history of American citizenship law, and it deals with the definition of "natural born citizen" in exhaustive detail. To pretend otherwise is just whistling past the graveyard.

Certainly, its discussion of NBC is not lost on other judges. I refer you to the recent decision in Ankeny v. Governor of Indiana in which the panel of Appeals Court Judges unanimously cited WKA in their decision regarding the Article II meaning of NBC.

There is very little ambiguity to be found in:

"Based upon the language of Article II, Section 1, Clause 4 and the guidance provided by Wong Kim Ark, we conclude that persons born within the borders of the United States are “natural born Citizens” for Article II, Section 1 purposes, regardless of the citizenship of their parents."

You are equally confused regarding the Venus case. The reason for consulting de Vattel had nothing to do with his opinions on citizenship, it had entirely to do with his opinions on domicile. Yes... I know that Birthers confuse those too, but real jurists and lawyers do not.

Now... it is sad that your inability to comprehend Case Law is matched by your inability to comprehend your opponent's posts. I never attribute to malice that which is more easily explained by ignorance, but if you think I "quoted Cicero" in any relation to English common law you are certainly lost in the woods. It was quoted to demonstrate in as direct a manner as possible that you had no idea what you were talking about when you claimed there was no use of the term "citizen" in England.

Your gloss of the historical conflict between "republicanism and monarchism" might be interesting were it not completely irrelevant. The terms subject and citizen are still exactly synonymous, as the Supreme Court has so eloquently assured us all.

Now, if you have something other than irrelevant pedantry to add to the discussion, come on back. But I feel no obligation to follow you over the precipice into prolix meaninglessness.
1,305 posted on 02/22/2010 4:39:40 PM PST by EnderWiggins
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To: EnderWiggins

“You have told us what the Attorney General has not done. You have not shown us any “position” that he holds on any issue whatsoever.”
++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++
His position:

The Hawaii Attorney General’s office HAS refused to corroborate Obama’s Hawaii Birth or that he {Obama} was born in Hawaii — as Fukino PUBLICLY stated.

http://www.thepostemail.com/2010/02/02/hi-attorney-generals-office-refuses-to-corroborate-obamas-hi-birth/

Of course, nobody’s forcing you to draw conclusions you disagree with.

If there is some confusion take it up with the Attorney General’s office.

STE=Q


1,306 posted on 02/22/2010 4:55:54 PM PST by STE=Q ("It is the duty of the patriot to protect his country from its government" ... Thomas Paine)
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To: STE=Q

Oh for heaven’s sake. You don’t actually think highly of Orly Taitz do you?


1,307 posted on 02/22/2010 4:57:02 PM PST by EnderWiggins
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To: STE=Q

Still looking for his position there. You seem to be unwilling to tell us what it is. Might it be because (surprise, surprise) you actually have no idea?


1,308 posted on 02/22/2010 4:58:08 PM PST by EnderWiggins
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To: butterdezillion; MissTickly; All

CAN YOU IMAGEN HOW FAST WE WOULD GET RESULTS IF EVERYONE DID WHAT YOU ARE DOING?

If the men in this country had half the courage that you ladies have we would take are country back tomorrow!

Unfortunately, some men (and I use the word loosely here) would rather attack you for having the courage — that they apparently lack — to go after our rogue “leaders” in government.

Hats off to you!

I LIKED YOUR POST SO MUCH I WANTED TO POST IT AGAIN, AS FOLLOWS:

Somebody tell me how to bring a criminal complaint against the DOH and I’ll do it.

I contacted the director of the Hawaii Department of Public Safety. No response.

I contacted my own sheriff. He said it was interesting and he’d pass it on to the County Attorney, but that they don’t have money to investigate that.

I contacted my US Attorney’s office. They said they only take complaints from law enforcement offices or from the FBI.

I contacted the FBI earlier on to report forgery and they told me 3 times that the FBI doesn’t investigate forgery.

I contacted the Hawaii Ombudsman’s Office and they said they couldn’t investigate because there were crimes involved.

I contacted the Hawaii AG early on to ask him to investigate the communications that led to Fukino’s JUly 27 statement that contradicted the legal reason she has given all along for not saying what’s on Obama’s BC. No response.

I contacted every member of Hawaii’s House and Senate. So Espero filed a bill to label me a “vexatious requestor”.

People really, really need to know how seriously bad our law enforcement system is. We knew it when the Durham DA used the Duke lacrosse team rape charges to get elected by inciting black-white tensions. We knew it when Eric Holder’s DOH dropped voter intimidation charges against the NBPP members. WE knew it when Nidal Hasan was promoted rather than being disciplined or canned for being a terrorist.

People still think that the FBI and/or CIA does a background check on elected officials. I contacted my SOS and was told that the election process is the background check. I asked how we’re supposed to do a background check when we can’t have access to official documents. He said the media does it for us and they would never play politics - and besides, every politician has to sign a statement saying they’re fine, and a politician would never lie. (Can you believe somebody this dumb is SOS?)

I contacted my governor and he said he trusted that the people who were supposed to check Obama’s eligibility did their job. (Like Nancy Pelosi - the one who signed a single, special statement of Obama’s eligibility for Hawaii because Hawaii officials refused to do their normal protocol and certify eligibility?)

I’ve said it before and I’ll say it again: Unless we wake up quick, America is so screwed.

END

STE=Q


1,309 posted on 02/22/2010 5:27:19 PM PST by STE=Q ("It is the duty of the patriot to protect his country from its government" ... Thomas Paine)
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To: EnderWiggins

I have seen the e-mail where she said that.

I have not seen your alleged correspondences with the DOH. Why is that?


1,310 posted on 02/22/2010 5:39:43 PM PST by butterdezillion
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To: cripplecreek; stockpirate; LucyT; pissant; traditional1; real_patriotic_american; mountainfolk; ...

“Still looking for his position there.”


Why doesn’t the troll ask the Hawaii Attorney General’s office why they have refused to corroborate Obama’s Hawaii Birth or confirm Fukino’s precipitous public statement “that Obama was a natural Born American citizen.”

http://www.thepostemail.com/2010/02/02/hi-attorney-generals-office-refuses-to-corroborate-obamas-hi-birth/

People can draw their own conclusions without a government paid TROLL explaining it to them.

They can read the article and decide for themselves what the implications are.

In case anyone missed this:

Trolling 101:

http://www.freerepublic.com/focus/f-news/2165967/posts

Night all!

STE=Q


1,311 posted on 02/22/2010 7:14:59 PM PST by STE=Q ("It is the duty of the patriot to protect his country from its government" ... Thomas Paine)
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To: EnderWiggins

FYI:

Wednesday, February 3, 2010 at 1:32 PM

Mr. Charlton replies: Anyone who talks to the press has the right to restrict the usage of the actual words he/she says…that’s an established principle, as their words belong to them. Sometimes they ask to comment off the record; sometimes on the record; Nagamine wanted to respond, but not be quote…I therefore paraphrased….I think it is obvious why she did not want to be quoted.

If you don’t like that, then call her office and demand a quotable response. Bennet was the former Assitant US AG in Hawaii, I sure hope his office knows what the statutory duties of HI officials are, and what a NBC is….and if his office refuses to admit what they know about State and Constitutional Law, what are they receiving tax payers’ money for? To go to the beach and surf?
http://www.thepostemail.com/2010/02/02/hi-attorney-generals-office-refuses-to-corroborate-obamas-hi-birth/


1,312 posted on 02/22/2010 8:09:26 PM PST by Velveeta
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To: Velveeta
Hawaii...Chicago West...bump
1,313 posted on 02/22/2010 9:29:30 PM PST by hoosiermama (ONLY DEAD FISH GO WITH THE FLOW.......I am swimming with Sarahcudah! Sarah has read the tealeaves.)
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To: butterdezillion

The same reason I have not seen your alleged e-mail.

Duh!


1,314 posted on 02/23/2010 6:50:46 AM PST by EnderWiggins
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To: Velveeta

Great... so we have established that at best it was a paraphrase. At worst, who knows.


1,315 posted on 02/23/2010 6:56:24 AM PST by EnderWiggins
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To: EnderWiggins
This, together with all the context, will be going on my blog shortly. I am not a liar. You, on the other hand, are. (As I preview I see that the formatting from the C&P doesn't show up and I can't edit it to make it show up. The formatting will be correct on the blog.) RE: UIPA Request - DoH Administrave Rules, Regulations, or Procedures‏ From: Okubo, Janice S. (janice.okubo@doh.hawaii.gov) Sent: Wed 2/03/10 11:12 AM To: Aloha, In going back through my e-mails, I found this one and was unsure if a response had been provided. The public health regulations (or administrative rules) regarding vital records are posted at http://hawaii.gov/health/vital-records/vital-records/index.html There has been no repeal of these rules. In regards to the terms “date accepted” and “date filed” on a Hawaii birth certificate, the department has no records that define these terms. Historically, the terms "Date accepted by the State Registrar" and "Date filed by the State Registrar" referred to the date a record was received in a Department of Health office (on the island of O‘ahu or on the neighbor islands of Kaua‘i, Hawai‘i, Maui, Moloka‘i, or Lana‘i), and the date a file number was placed on a record (only done in the main office located on the island of O‘ahu) respectively. Historically, most often the "date accepted" and the "date filed" is the same date as the majority of births occur on O‘ahu (the island with the largest population in our state). In the past, when births were recorded on paper they may have been accepted at a health office on an island other than O‘ahu, such as Kaua‘i. The paper record would then need to be sent to O‘ahu to have a file number placed on it, and the filed date would then be sometime later (as you know, the state of Hawai‘i is comprised of multiple islands with miles of water in between). The electronic age has changed this process significantly, and it was determined some time ago that one date would suffice. Janice Okubo Hawaii State Department of Health
1,316 posted on 02/23/2010 7:27:50 AM PST by butterdezillion
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To: EnderWiggins
The actual decision was about the 14th Amendment, inescapably, which did not exist until it was passed in reaction to the Dred Scott decision, which held that parentage was determinative of citizenship as you may recall, a point which the indiana appellate judges seemed to have overlooked. The discussion of domicile in The Venus was in the context of citizenship of those who were domiclied. It appears that you go back and get advice from your masters. Are they by any chance at Perkins Coie and do they bill the campaign? Here's a little quote for you from a well-known founder: “The common law of England is not the common law of these States.” —George Mason And how about this: James Madison’s own State of Virginia adopted a birthright law authored by Thomas Jefferson in 1779 that recognized parentage (citizenship of father) in determining citizenship of the child:

[A]ll infants, wheresoever born, whose father, if living, or otherwise, whose mother was a citizen at the time of their birth, or who migrate hither, their father, if living, or otherwise, their mother becoming a citizen, or who migrate hither without father or mother, shall be deemed citizens of this Commonwealth until they relinquish that character, in manner as hereinafter expressed; and all others not being citizens of any, of the United States of America, shall be deemed aliens.

Some States made citizenship conditional on either parent in terms of their citizenship, such as Kentucky: “[E]very child, wherever born, whose father or mother was or shall be a citizen of Kentucky at the birth of such child, shall be deemed citizens of that State.” One common law found in a number of States that defined those born as citizens read, “All persons born in this state, and resident within it, except the children of transient aliens, and of alien public ministers and consuls, etc.”

Until the 14th Amendment was passed in reaction to what the law was found to be in Dred Scott there was no national law of citizenship.

When we aak the question:

Could a natural-born citizen perhaps be synonymous with the British term “natural-born subject”?

Here is the accurate answer:

It is very doubtful the framers adopted the doctrine found under the old English doctrine of “natural-born subject.” The British doctrine allowed for double allegiances, something the founders considered improper and dangerous. The American naturalization process required all males to twice renounce all allegiances with other governments and pledge their allegiance to this one before finally becoming a citizen.

Framer Rufus King said allegiance to the United States depended on whether a person is a “member of the body politic.” King says no nation should adopt or naturalize a person of another society without the consent of that person. The reason? Because “he ought not silently to be embarrassed with a double allegiance.” House Report No. 784, dated June 22, 1874, stated, “The United States have not recognized a ‘double allegiance.’ By our law a citizen is bound to be ‘true and faithful’ alone to our government.”

Under the old English common law doctrine of natural-born subject, birth itself was an act of naturalization that required no prior consent or demanded allegiance to the nation in advance. Furthermore, birth was viewed as enjoining a “perpetual allegiance” upon all that could never be severed or altered by any change of time or act of anyone. England’s “perpetual allegiance” due from birth was extremely unpopular in this country; often referred to as absurd barbarism, or simply perpetual nonsense. America went to war with England over the doctrine behind “natural-born subject” in June of 1812.

Because Britain considered all who were born within the dominions of the crown to be its natural-born subjects even after becoming naturalized citizens of the United States, led to British vessels blockading American ports. Under the British blockade, every American ship entering or leaving was boarded by soldiers in search of British born subjects. At least 6,000 American citizens who were found to be British natural-born subjects were pressed into military service on behalf of the British Empire, and thus, the reason we went to war.

It remains the case that the national law at the time of the 14th Acmendment, before it was passed, did not adopt the approach set out by Coke in Calvin's case to solve the problem of the Stuart succession to the crown of England in the person of James I and in fact in the period before its passge the law as declared was that of Taney's opinion in Dred Scott, however unattractive that may have been.

You know Perkins Coie briefs in a manner very similar to your manner of posting, with great misrepresentation and inaccuracy. Let's face it you and your master rely upon intimidation of the judiciary and having your state run media and captive "intellectuals" rely upon ridicule rather than history and the actual law.

1,317 posted on 02/23/2010 8:05:40 AM PST by AmericanVictory (Should we be more like them or they more like we used to be?)
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To: AmericanVictory; EDINVA

You know Perkins Coie briefs in a manner very similar to your manner of posting, with great misrepresentation and inaccuracy.

~~~

And supreme arrogance and threats.


1,318 posted on 02/23/2010 11:05:19 AM PST by STARWISE (They (LIBS-STILL) think of this WOT as Bush's war, not America's war- Richard Miniter)
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To: AmericanVictory
"The actual decision was about the 14th Amendment, inescapably, which did not exist until it was passed in reaction to the Dred Scott decision, which held that parentage was determinative of citizenship as you may recall, a point which the indiana appellate judges seemed to have overlooked."

Actually, no. The decision was not "about the 14th Amendment." The decision was about the citizenship status of Wong Kim Ark under the US Constitution, of which the 14th Amendment is only a part. And the discussion of the meaning of "natural born citizenship" contained in the decision explicitly covers its meaning prior to the 14th Amendment being passed in great detail.

The fact that the Indiana appellate court "overlooked" Dredd Scott is because Dredd Scott is no longer relevant law, while Wong Kim Ark is. You do recall that the 14th Amendment was not merelt a "reaction" to Dredd Scott, it explicitly overturned it.

"The discussion of domicile in The Venus was in the context of citizenship of those who were domiclied."

Who cares? The case still bases its discussion and decision around the subject of domicile, and not of citizenship. It makes no decision regarding anyone's citizenship one way or the other. And the case still never mentions natural born citizenship once.

The only reason Birthers love the Venus case is because de Vattel gets a shout out. But it includes no discussion that supports the Birther narrative whatsoever.

George Mason's quotation is far more compelling ripped from its context (as you have) than when understood that it so quickly follows his praise of that same common law for preventing "the power of the crown from destroying the immunities of the people." He is quite clear that he is not rejecting the common law at all, simply pointing out that we need not be bound by the parts we do not like.

Certainly, no Framer has gone on record to assert that the common law definition of natural born citizenship was one of the parts we did not like.

I note also that you do not quote all of the 1779 Virginia law. While it does recognize parentage in the part you quoted (specifically for children not born in Virginia) that is not how it begins. Its first qualification (which you inexplicably edited out) was actually that "all white persons born within the territory of this commonwealth ... shall be deemed citizens of this commonwealth."

No mention of parentage whatsoever for that class of citizen.

The rest of your post is pure assertion, not argument. While I think it's funny that you follow a statement of great certitude such as "Here is the accurate answer" with an immediately mealy mouthed qualification such as "it is very doubtful," this admission that it is entirely speculative is not its greatest weakness.

Its greatest weakness is that it fails to account for the simple fact that between the framing of the Constitution and the first anomalous statement by John Bingham that two citizen parents were required, eight decades pass during which every court case and authority on the issue asserts a purely jus solis foundation for American citizenship.

One more comment on your silly implication that I am some sort of Perkins Coie plant. You make the goofy assertion that:

"You know Perkins Coie briefs in a manner very similar to your manner of posting, with great misrepresentation and inaccuracy."

It is amazing that you would pretend this to be true, when as far as I can tell, Perkins Coie has never once filed a brief that had anything to do with any of the details we've talked about. They have (again, as far as I can tell) only filed motions to dismiss, all of which have been successful, and none of which has so much as breathed a word about natural born citizenship.

So... you just making this up? Or what?
1,319 posted on 02/23/2010 11:33:31 AM PST by EnderWiggins
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To: DoctorBulldog

Interesting he claims his right to be an ‘ardent Zionist’ but alleges that our ‘ardent Constitutionalists’ are racist. Go figure.


1,320 posted on 02/23/2010 12:07:23 PM PST by EDINVA (Sarchasm (n): The gulf between the author of sarcastic wit and the person who doesn't get it.)
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