Strunk v Paterson (Obama): Judge has opined BHO not Natural Born

BirtherReport.com ^ | January 18, 2011 | Chris Strunk

[The Comedian]

Full headline:

Strunk v Paterson (Obama): First time in the USA since 1824; Judge has opined on what Natural Born citizen is; Concludes Obama is not a NBC.

Via Chris Strunk; The first time anywhere in the USA since 1824, that any Judge has opined on what Natural Born citizen is and concluding that BHO Jr. is not NBC.

This affidavit will be notarized tomorrow and duly served by two days mail upon Justice Schmidt and the State in regards to the appearance on a personal and confidential basis with the intent that Plaintiffs understanding of the record of the hearing be entered into the court record enabling further action by Plaintiff when the Order shown as Exhibit C is entered and forwarded by the State to Plaintiff.

That I am producing a duplicate for Dr. Orly Taitz Esq. so that she may forward it to the SCOTUS in her action presently there. -snip- UPDATE: New comment by Chris Strunk here.

[Dr. Bogus Pachysandra]

“Heads I win. Tails you lose.” Or is that “loose?” Anyway, it’s mute and irrevalunt!.

[taxesareforever]

Every American citizen has the right to demand confirmation of a president’s citizenship. That includes Orly. She is not sitting back and just letting it go like many of you are and only putting forth criticism of her for it. You ought to be ashamed but I certainly doubt whether you are.

[humblegunner]

Yeah.
You & Orly keep praying at the roaches.

Others of us will focus upon spraying them with insecticide.

[jersey117]

That is the bottom line.

[Publius6961]

I didnt see anyone ping you...

Ha ha ha!

[True Republican Patriot]

Really Big! An entire Political Party LIED about their Candidate’s Eligibility! I fany of Us lie to a Federal Authority, we get 7 years in a Federal Prison! What about Obama, Axelrod, Pelosi, Hoyer, Frank, Reid, Kerry and the rest of the band of Communist Supporters and American Traitors? Do they go Free to continue to destroy America?

[freekitty]

I wouldn’t get to excited. Dr. Taitz is involved.

[armordog99]

All right I am probably going to get flamed here but in my research on the birther issue it appears to me as long as he was born in the united states he is a US Citizen. The case that set this precedent was US vs Wong Kim Ark (1898)which dealt with a chinese couple who lived in california and had a son born there. They went back to China and when the son came back to the US he was denied entry for not being a US Citizen. The case went to the Supreme Court and in a 6-2 decision the court ruled the 14th amendment means that all persons born on US soil are considered natural born citizens. Here is an excerpt from the case;

“A child born in the United States, of parents of Chinese descent, who, at the time of his birth, are subjects of the Emperor of China, but have a permanent domicil and residence in the United States, and are there carrying on business, and are not employed in any diplomatic or official capacity under the Emperor of China, becomes at the time of his birth a citizen of the United States, by virtue of the first clause of the Fourteenth Amendment of the Constitution”

You can find the whole case on line and read it yourself. The decision is very long. And from every thing I have seen this decision has never been reversed and has actually been used as precedent in other cases. So if Obummer was born in Hawaii, no matter who his parents are, he is eligible for the presdincy. What I find funny is the two dissenting judges in this case pointed this possibility out. That someone could be born here and have both parents be loyal to another country but there child would be an American citizen. If I am missing something and some later case overruled this let me know.

[thecodont]

Thanks for the ping! Prayers up!

[K-Stater]

"The motion for leave having come on to be heard, and the Court having heard plaintiff in support thereof, and the Attorney General's Office in opposition thereto, NOW, it is hereby ORDERED, that the motion is denied in entirety."

Yep, sure sounds like the judge is in awe of the plaintiff's argument to me. </sarcasm>

[nikos1121]

God, we are chasing our tails here.

How many times, thousands upon thousands have people posted here that there is a difference between being a citizen of the UNITED STATES BY BIRTH, AND A NATURAL BORN CITIZEN MEANING WITH AMERICAN PARENTS.

You can be a citizen but not natural born.

Obama we believe may indeed be a citizen, but we do not think he is natural born.

I guess this will all get sorted out, if he runs again?

[chopperman]

Where have you been? Playing Nintendo? He MUST be born on American soil, which he hasn't proven. AND both of his parents MUST be American citizens for Obama to be a "Natural Born Citizen". We really do not need a BC to realize that OBAMA WAS NEVER ELIGIBLE!

[armordog99]

If you read the decision the ruling talks about the history of the term natural born citizen and cites British common law. The court decided that when the 14th amendment speaks of citizen it means natural born citizen.

I am not a lawyer, but unless this case was ever overturned then anyone born on american soil is considered a natural born citizen, no matter who there parents where.
According to this case Bruce Lee could have run for president.

I do not like it anymore than anyone else, but the Supreme Court is tasked with interpreting the law.

I am still looking into if you are not born in America but one of your parents are American. I would assume from this ruling you would not be eligible but then how was McCain eligible?

[rolling_stone]

....it appears to me as long as he was born in the united states he is a US Citizen.....

So where is his proof of birth in the US? Gov Abercrombie from Hawaii can’t find it....

[rolling_stone]

...I am not a lawyer..

yawn, keep reading, there are dozens of papers/articles on this one subject on both sides of the fence. Remember the same lawyer can usually argue both sides of a case depending on who is paying im.

[armordog99]

You are right on that one. If he was not born in the US I am not sure. McCain was born in Panama and both his parents were US Citizens. However, he was eligible to run for president. Still researching why he was eligible.

Have you read US vs Wong Kim Ark? Perhaps I am misinterpreting the decision, but I don’t think so. Having someone else read the decision would be helpful.

[nikos1121]

There have been amendments to this, and indeed some have stated here that the law at the time of Obama’s birth stated that both parents are citizens. The father was not a citizen, and there is some question because of the mother’s age at the time of his birth, not having citizenship.

We can argue this all day long, but I know one thing, just being born on this soil, when you’re parents are from Cuba does not convey natural born citizenship to you.

At the very least, there is question as to the man’s eligibility to run for office.

No one wishes to touch this whole issue.

We’re all nuts here for discussing. O’Reilly says, he’s seen the birth certificate, so we all need to stfu...about it.

Personally, I’m tired of it all.

We have finally arrived at Obama’s Jimmy Carter moment. He is clearly doing the same thing Carter did, pressuring Mubarik to step down.

A trusted ally, like the Shah, is going to get the axe here. Monday our citizens leave the country.

This is a powder keg....

I don’t care about this guy residency anymore.... It took two years for the rest of the world to figure out that Obama is weak, and will do nothing in the face of any confrontation.

[LucyT]

Strunk v Paterson (Obama): Judge has opined BHO not Natural Born

Thanks, The Comedian.

[SP are here, sitting on their fat a$$, drawing welfare checks while criticizing 0rly for actually using her own time, energy, and money to expose an usurper in the WH. She isn't perfect, but she has helped bring 0bama's lies to World attention. No one asked me, but imo, SP's are traitors to this Country.]

[armordog99]

I am sure there is. However the Supreme Court is the only court invested with the power to interpret the law. So any decision they make is the law of the land, whether we like it or not.

What I find very interesting is that in the dissenting opinion they foresaw the possibility of someone being born in the US to parents who are not citizens would be eligible for the presidency.

There are exceptions, based on English common law, to that though. Children of diplomats, clergy(from foreign countries on a mission to the US), and children born as part of a foreign army fighting on US Soil.

I do not like this interpretation of the 14th Amendment. But the only way to change it would be to get another case concerning this issue and have them overrule this decision, or base a constitutional amendment changing the citizenship rules.

[armordog99]

According to this decision it does. Please read the decision and the dissenting decision. There have been no amendments to the constitution changing the 14th amendment. And this decision has been cited as precedent as recently as 1982.

All I am saying is that, unless I am completely reading this decision wrong, that it doesn't matter who your parents are. As long as you are born on US Soil(and do not fall under those exceptions I posted earlier) you are considered a natural born citizen.