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Saturday Night Card Game "Your race card narrative does not fit, so you must acquit"
Le·gal In·sur·rec·tion ^ | April 2, 2011 | William A. Jacobson, Associate Clinical Professor, Cornell Law School

Posted on 04/02/2011 11:45:16 PM PDT by patlin

This is the latest in a series on the use of the race card for political gain:

Donald Trump has pushed the issue of Barack Obama's birthplace and citizenship back onto the front pages.

I'm not going to revisit the merits of the issue, but I will note the continuing tendency to treat any questions as to the issue of Obama's eligibility as inherently a reflection of racism.

This time from Leonard Pitts, Jr., writing in the Detroit Free Press (emphasis mine):

"So it is time to call this birther nonsense what it is -- not just claptrap, but profoundly racist claptrap....

It is telling that the white candidate who was, in fact, not born in the U.S.A. (Sen. John McCain was born in the Panama Canal Zone) did not face these questions, while the black one who was born in Hawaii has been unable to escape them.... Frankly, I wish Trump and his fellow birthers would just go ahead and call Obama an N-word. Yes, it would be reprehensible and offensive. But it would be a damn sight more honest, too." Actually, John McCain was challenged on the issue of whether he was a natural born citizen. It's even on the internet, so it should not have been very difficult for Mr. Pitts to find.

And such questions didn't start in 2008, McCain was challenged on the issue in the run-up to the 2000 primaries, as reported in the early days of the internet by a columinst for The Washington Post:

(Excerpt) Read more at legalinsurrection.blogspot.com ...


TOPICS: Government; History; Politics
KEYWORDS: electionfraud; naturalborncitizen; obama; usconstitution
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With Trumps help, the professor has stepped up his coverage of Obama's lack of identification of birth
1 posted on 04/02/2011 11:45:21 PM PDT by patlin
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To: bushpilot1; STARWISE; rxsid; Red Steel; edge919; Spaulding; Danae; Fred Nerks; Beckwith; ...
"PING"

With Trumps help, the professor has stepped up his coverage of Obama's lack of identification of birth

2 posted on 04/02/2011 11:47:30 PM PDT by patlin (Reagan was a Democrat before he was a Republican)
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To: patlin; bushpilot1; STARWISE; rxsid; Red Steel; edge919; Spaulding; Danae; Fred Nerks; Beckwith; ...

Looks like McCain was the card they’ve been holding up their sleeves, ready to be pulled out as a “counterexample” because his own natural-born citizen status was rather murky at best. So McCain was “insurance” from the get-go.

These cries of “racism” have nothing to do with race, of course. Any sane American could see that if they just thought about it for a minute.


3 posted on 04/02/2011 11:58:17 PM PDT by thecodont
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To: patlin
It always amazes me that people yell racist when blacks are only 13% of the population. Did Obama win with 13% of the vote?

Furthermore, he's only half black.

4 posted on 04/03/2011 12:00:09 AM PDT by Cobra64 (Common sense isn't common anymore.)
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To: patlin

Talk about twisting the facts. This author does that.


5 posted on 04/03/2011 12:04:28 AM PDT by freekitty (Give me back my conservative vote; then find me a real conservative to vote for)
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To: patlin
(Sen. John McCain was born in the Panama Canal Zone)
Hey, Leonard, what part of US TERRITORY don't you understand? That's what the Canal Zone was at the time of McCain's birth. It wasn't until about 40 yrs later when Djimmi Carter gave it away.
6 posted on 04/03/2011 12:26:43 AM PDT by Impala64ssa
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To: freekitty
Talk about twisting the facts. This author does that

You're going to have to help me out here. Just what facts did Prof. Jacobson twist? As far as I can read, he did not twist anything but he did point out a few liberal writers that did.

7 posted on 04/03/2011 12:32:11 AM PDT by patlin (Reagan was a Democrat before he was a Republican)
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To: patlin

I thought it was on the Dem side.


8 posted on 04/03/2011 12:36:41 AM PDT by freekitty (Give me back my conservative vote; then find me a real conservative to vote for)
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To: Impala64ssa
Hey, Leonard, what part of US TERRITORY don't you understand?

Ummmm....I think it is you who better go back and check the Treaty between the US & Panama. The Canal Zone was never sovereign US Territory. while the US govt was permitted under the treaty to construct the canal and have a military base there, Panama & the Canal remained under the Law of The Republic of Panama. Panama ceded nothing and that is why John McCain's folks had to file with the US State Dept to bring their baby back into the US & is why McCain has no official birth certificate from any US state or territory. He has a birth certificate from the Republic of Panama and a US State Dept certificate showing that the US recognized him as a "citizen" born abroad because daddy & mommy filled out the required paperwork for his entry into the US after birth.

9 posted on 04/03/2011 12:39:43 AM PDT by patlin (Reagan was a Democrat before he was a Republican)
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To: freekitty

Prof Jacobson has been a fence sitter for quite a while. One of those who didn’t want to rock the boat I think for fear of reputaion at the university since his blog is hoighly read & highly regarded by the law community. At the beginning, he wouldn’t allow some of my comments with historical facts to go through. Now he allows all of them to be published. These fence sitters thought this would go away. We stood strong and we proved them wrong. Thus I have officially removed the Prof. from the fence sitting column to the after-birther column. And boy is that column growing!


10 posted on 04/03/2011 12:47:53 AM PDT by patlin (Reagan was a Democrat before he was a Republican)
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To: patlin

OOPS I stand corrected. But it’s certainly clear that both of McCain’s parents were US citizens.


11 posted on 04/03/2011 12:56:10 AM PDT by Impala64ssa
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To: Cobra64

“Furthermore, he’s only half black.”

Given the circumstances under which he was born and raised, it wouldn’t be unusual for him to consider himself white.

Why doesn’t he?


12 posted on 04/03/2011 12:59:53 AM PDT by dixiechick2000 ("First they ignore you, then they ridicule you, then they fight you, then you win." - Gandhi)
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To: patlin

Sure, we’re racists.

That’s why we’d love to see Herman Cain, Allen West, Marco Rubio and a few other white guys become president.

Homey don’t play dat game...


13 posted on 04/03/2011 1:00:19 AM PDT by Vendome ("Don't take life so seriously... You'll never live through it anyway")
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To: Impala64ssa; patlin

Since both of McCain’s parents were born and bred US citizens, why did the Senate feel the need to address this issue?


14 posted on 04/03/2011 1:03:31 AM PDT by dixiechick2000 ("First they ignore you, then they ridicule you, then they fight you, then you win." - Gandhi)
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To: Impala64ssa
You are correct about McCain's parents. What gets my goat is that had McCain't KNOWN the intent of the framers and the law like he should have, he simply would have referred the Senate judiciary committee to Vattel:

§ 217. Children born in the armies of the state.

For the same reasons also, children born out of the country, in the armies of the state, or in the house of its minister at a foreign court, are reputed born in the country; for a citizen who is absent with his family, on the service of the state, but still dependent on it, and subject to its jurisdiction, cannot be considered as having quitted its territory.

But since Hitlary Rotten Clinton & Barry Obama-Soetoro-Soebarkah were cosponsors of the bill and they were familiar with this reference and language, that would have lead the judiciary committee to Sec 212 of law of nations defining natural born citizen as well as Sections 213 & 214 that would have outed Obama as ineligible because of his British citizenship at birth, McCain like a good little ignorant lap dog of the liberal left GOP folded like a cheap tent. He let them bring in two established lawyers for leftist causes & English feudal law to speak for him.

McCain ost more than his freedom those years in the POW camp. He also lost his resolve for the US Constitution.

15 posted on 04/03/2011 1:16:56 AM PDT by patlin (Reagan was a Democrat before he was a Republican)
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To: dixiechick2000

see post 15: http://www.freerepublic.com/focus/bloggers/2698909/posts?page=15#15


16 posted on 04/03/2011 1:18:25 AM PDT by patlin (Reagan was a Democrat before he was a Republican)
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To: dixiechick2000

for the long drawn out sorted details, go here: http://constitutionallyspeaking.wordpress.com/a-congressional-natural-born-citizen-parts-i-ii-iii/


17 posted on 04/03/2011 1:20:01 AM PDT by patlin (Reagan was a Democrat before he was a Republican)
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To: patlin

Thank you for both of you links! I appreciate it...;o)


18 posted on 04/03/2011 1:40:20 AM PDT by dixiechick2000 ("First they ignore you, then they ridicule you, then they fight you, then you win." - Gandhi)
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To: patlin

I will agree with the after birther. That sure isn’t going away.


19 posted on 04/03/2011 1:49:05 AM PDT by freekitty (Give me back my conservative vote; then find me a real conservative to vote for)
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To: patlin

If McCain was born in a hospital on an American base, then he was born on American territory. If he was born off base, then he wasn’t.


20 posted on 04/03/2011 2:06:16 AM PDT by chopperman
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