Posted on 04/11/2010 7:34:10 AM PDT by Elderberry
. We explained in Appellants’ Opening Brief and Reply Brief that while the issue before the Court is one of standing and political question, the merits of plaintiffs’ claims are important to the showing that plaintiffs must make to prove that they have standing. The importance of the merits of plaintiffs’ claims is made evident by the recent state court decision in Ankeny v. Governor of the State of Indiana, 916 N.E.2d 678 (Ind. Ct. App. 2009).
We realize that the Ankeny case is a state court decision and not binding on the federal courts. We nevertheless cite to it because it is the only case in the United States that, although not necessary to its decision and without considering or even discussing much case law and authorities showing otherwise and by improperly conflating the clauses “natural born Citizen” of Article II and “citizen of the United States” of the Fourteenth Amendment, has reached the merits of the constitutional question of what is an Article II “natural born Citizen,” finding 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….” Id. at 688.
(Excerpt) Read more at scribd.com ...
geeze... how 'bout a series of simple or compound sentences instead of this.
Comment from Commander Kerchner, the Lead Plaintiff:
Our side is ready and rhetorically locked and loaded for the epic struggle. General Quarters has been sounded and the We the People are now awake on this issue and on the move to remove the unconstitutional Usurper from the Oval Office along with his corrupt and socialist backers with their foreign influences, money, and agenda for America to take our nation into a direction that is not American and violates our Constitution, the fundamental law of our land.
We are a nation of laws not men. Our hearing in court is coming. If we don’t prevail in the 3rd Circuit Court of Appeals this case will be taken to the U.S. Supreme Court. We the People will not quit. This issue is not going away until Obama’s true legal identity is revealed and his constitutional eligibility to be President and Commander-in-Chief of our Military is thoroughly vetted in a court of law on the merits of the charges. The truth and the Constitution will win this fight in the end. We the People will insure that. So help us God.
Charles Kerchner
Commander USNR (Retired)
Lead Plaintiff
Very interesting.
~~Ping!
I admire these people who forge ahead with this issue in spite of being called nuts.
Odumbo first executive order to seall any information about him should tell even his sickist drooler the POS is hiding something.
It’s hard for me to digest too. It appears to me that Mario is adding information that defines Natural Born Citizen.
It is customary to present case histories supporting your argument.
They’ve just added a case to support NBC, which was decided in a state court RECENTLY, therefore making it relavant.
(My thoughts: Was this part of the plan?)
Many have said the constitution is “out dated” has been altered through the years. The Indiana case proves it isn’t/hasn’t: thereby, mooting this argument. What say you BP?
For the record, that statement is categorically and demonstrably untrue, and has been demonstrated as such multiple times on this board. The Executive Order in question is a standard one detailing how Presidential records are to be treated and archived; that is, it applies only to those official records generated after Obama became President. It is no different from the similar Executive Order Bush signed out when he became President. It has absolutely nothing to do with Obama’s records before he became President, many of which are sealed by standard privacy laws applicable to any of us.
One of these tpes of suits was filed in Indiana. Last year, an Indiana Court stated, based on existing Supreme Court dicta in Wong Kim Ark, that the citizenship of the parent is irrelevant to the natural-born citizen status of a child born here. That is, left unchallenged, it blows Apuzzo’s argument on that subject out of the water. He is simply filing a supplemental brief to argue why he thinks that Court was in error.
I doubt it will do him any good, but he is entitled to do so.
The problem with the Indiana case is that it reference Wong KIm Ark case but admitted it DID NOT state that Ark was a Natural born citizen. Actually the Wong KIm Ark stated that due to the fact that Ark’s parents had immigrated (legally) and had set up residence that the child was entitled to Native born (naturalized ) citizenship equal to that of a Natural Born citizen ( both parents). The judge in this Indiana case choose to over rule a Supreme Court case by redefining the meanings of Natural born and Native born. State courts can not over rule Federal Courts.
Actually, it did not overrule a Federal Court. While it is true that Wong Kim Ark did not make a ruling as to what a natural born citizen is, since it was not asked that, the dicta do include a very detailed basis as to why “born here” is sufficient. The Indiana court simply quoted that dicta and made what to it seemed a self-evident conclusion.
It is always possible that the decision could be overruled, but I think the chances of that are pretty close to zero. I know people don't want to believe that, but there's a reason the Supreme Court has passed on the chance to review any of these cases so far.
bump
I am corrected.
It looks like 0dumbo used other methods to seal or disappear all his personal information
Awww ..... LOVED that character ... and
you’re right: a real man!
The Supreme Court will not address this case because they don’t have the authority to remove obama. While they could the define the meaning of Natural born citizen( as in minor vs happensett..CHILDREN WHOM PARENTS ARE U.S. citizens are Natural born)as a separate case,it can not include obama. If the “birther” movement wants to remove obama they need to get the Supreme Court to uphold their previous definitions of Natural Born Citizens. Then they would have the ability to force congress to void obama’s election. NO FIGHT WORTH FIGHTING IS EASY.
Our side is ready and rhetorically locked and loaded for the epic struggle. General Quarters has been sounded and the We the People are now awake on this issue and on the move to remove the unconstitutional Usurper from the Oval Office along with his corrupt and socialist backers with their foreign influences, money, and agenda for America to take our nation into a direction that is not American and violates our Constitution, the fundamental law of our land.
We are a nation of laws not men. Our hearing in court is coming. If we don’t prevail in the 3rd Circuit Court of Appeals this case will be taken to the U.S. Supreme Court. We the People will not quit. This issue is not going away until Obama’s true legal identity is revealed and his constitutional eligibility to be President and Commander-in-Chief of our Military is thoroughly vetted in a court of law on the merits of the charges. The truth and the Constitution will win this fight in the end. We the People will insure that. So help us God.
Charles Kerchner Commander USNR (Retired) Lead Plaintiff
AMEN
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.