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US SUPREME COURT PRECEDENT STATES THAT OBAMA IS NOT ELIGIBLE TO BE PRESIDENT
naturalborncitizen.wordpress.com ^ | 06/21/2011 | Leo Donofrio

Posted on 06/21/2011 1:55:34 PM PDT by rxsid

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To: edge919
The latter class of citizenship (of which there is doubt) lumps together both children born of citizens, and those NOT born of citizens. IOW, it's not two separate classes of children, but TWO separate classes of citizen: One is NBC and the other are born citizens whose citizenship would be in doubt.

I really don't see how you can read it that way. (I'm not even sure what "born citizens whose citizenship would be in doubt" means.) But I've been reading birther legal analysis for a couple of years now, and it usually leaves me thinking "how can anyone read it that way?" so there's probably no point in pursuing it further right now.

261 posted on 06/23/2011 12:07:33 PM PDT by Ha Ha Thats Very Logical
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To: edge919
Minor set a precedent that could NOT be used in application to a person NOT born to citizen parents.

Bingo! Excellent.

262 posted on 06/23/2011 1:59:13 PM PDT by BuckeyeTexan (There are those that break and bend. I'm the other kind. *4192*)
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To: BuckeyeTexan
Bingo! Excellent.

Thanks. The double negative reads a little strange, but the meaning is the same. Minor defined NBC. Wong Kim Ark could not be declared an NBC because he was not born to citizen parents.

263 posted on 06/23/2011 2:16:03 PM PDT by edge919
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To: Ha Ha Thats Very Logical
I really don't see how you can read it that way. (I'm not even sure what "born citizens whose citizenship would be in doubt" means.) But I've been reading birther legal analysis for a couple of years now, and it usually leaves me thinking "how can anyone read it that way?" so there's probably no point in pursuing it further right now.

What's so hard to understand?? Minor said "Some authorities" go further and declares as citizens children born in the country WITHOUT regard to the citizenship of the parents. This group of citizens might include NBCs, but for those who aren't, there is doubt about their citizenship. It doesn't say "some authorities" declare these persons to be natural born citizens, just citizens. For that class of citizen there is doubt, but some that can be resolved, some that can't.

264 posted on 06/23/2011 2:21:44 PM PDT by edge919
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To: edge919
...as it had developed through the years...
Awwww! I was going to get there eventually. I was holding that in reserve.
You're no fun. {;^)
265 posted on 06/23/2011 2:46:09 PM PDT by philman_36 (Pride breakfasted with plenty, dined with poverty, and supped with infamy. Benjamin Franklin)
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To: BladeBryan
Hmmmmm...four hours have gone by.
Are you having problems formulating a reply?
266 posted on 06/23/2011 2:50:33 PM PDT by philman_36 (Pride breakfasted with plenty, dined with poverty, and supped with infamy. Benjamin Franklin)
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To: edge919
What's so hard to understand??

Explaining again how you read it doesn't help me understand how you could read it that way. Why would the court bother to make the distinction between NBC and "regular" born citizens at this point? Minor wasn't running for president, she just wanted to vote--"regular" citizenship would have been fine for that, and introducing the term "natural born" would be unnecessary.

Also, right after the sentences we're talking about, they write, "It is sufficient for everything we have now to consider that all children born of citizen parents within the jurisdiction are themselves citizens." That wording--"all children born of citizen parents within the jurisdiction"--is what you claim defines an NBC, and yet the court doesn't say "natural born" again. You claim they've just finished making this vitally important distinction between two types of born citizens--and then they immediately drop the subject.

Sorry, to me it's obvious that the whole section only makes sense if they're using "citizenship of the United States...by birth," "new citizens...born," "natural-born citizens," and "became themselves, upon their birth, citizens" to mean exactly the same thing. Otherwise you have them veering wildly among classes of children and classes of citizen for no good reason.

267 posted on 06/23/2011 2:55:02 PM PDT by Ha Ha Thats Very Logical
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To: Ha Ha Thats Very Logical
Why would the court bother to make the distinction between NBC and "regular" born citizens at this point?

Because of the 14th amendment. Viriginia Minor claimed she was a citizen by virtue of that amendment and the court rejected her claim because she was a natural born citizen.

That wording--"all children born of citizen parents within the jurisdiction"--is what you claim defines an NBC, and yet the court doesn't say "natural born" again.

Why would they need to?? The decision cited Art II Sec I for the term and then they defined it in the next paragraph. How many more times does the term need to be mentioned for the point to be understood??

268 posted on 06/23/2011 3:11:19 PM PDT by edge919
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To: edge919
Viriginia Minor claimed she was a citizen by virtue of that amendment and the court rejected her claim because she was a natural born citizen.

I don't think that's right. From what I've read, she didn't claim that the Fourteenth made her a citizen--i.e., that she was not a citizen before that. Rather, she claimed that the Fourteenth's provision that "no State shall make or enforce any law, which shall abridge the privileges or immunities of citizens of the United States" meant that Missouri couldn't abridge her voting privilege. (If you have a source that says her case was that the amendment made her a citizen, I'd be interested to read it.)

The court didn't reject her claim because she was a natural born citizen as opposed to a Fourteenth-made citizen. Rather, they said that because people who were obviously NBCs before the Fourteenth had always been subject to voting restrictions, voting must not be among the "privileges or immunities" guaranteed by the Constitution to all citizens.

Why would they need to??...How many more times does the term need to be mentioned for the point to be understood??

And yet you claim that their failure to mention it in the "Some authorities go further" sentence means they were drawing this incredibly important distinction between one kind of born citizen and another. So I'll ask you the same thing: by that point, they'd already mentioned born citizens, citizens by birth, natural born citizens, and natives. How many more times does the term need to be mentioned for the point of the "some authorities" sentence to be understood? Apparently you think that they didn't say it in one sentence on purpose, to communicate this vital distinction, but didn't say it in another sentence because they'd said it enough already. Like I said, I really don't see how anyone can read it that way.

269 posted on 06/23/2011 3:45:37 PM PDT by Ha Ha Thats Very Logical
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To: Squeeky
Historical revisionism!

Question is, why? What's your motive?

270 posted on 06/23/2011 3:51:34 PM PDT by rxsid (HOW CAN A NATURAL BORN CITIZEN'S STATUS BE "GOVERNED" BY GREAT BRITAIN? - Leo Donofrio (2009))
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To: Nathanael1
"Because it's not a precedent. It's dicta."

How so? Are you saying what the court said in their finding...that that is dicta?

271 posted on 06/23/2011 4:12:11 PM PDT by rxsid (HOW CAN A NATURAL BORN CITIZEN'S STATUS BE "GOVERNED" BY GREAT BRITAIN? - Leo Donofrio (2009))
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To: rxsid; Nathanael1
"Because it's not a precedent. It's dicta."

When the Supreme Court construes a portion of the Constitution to use as the basis for their ruling in a specific case, it's definitely not a dictum but a precedent.
272 posted on 06/23/2011 4:17:53 PM PDT by aruanan
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To: Pilsner
Let me first state that I am in complete agreement with you, and pardon my presumptuousness, but it appears to me you may have overlooked a point in Donofrio's reasoning:

"Minor also raises the issue of whether a person born in a country, to two parents who are not both citizens of that country, is a natural born citizen"

Since birthers such as Donofrio don't buy the argument that "citizen" and "nbc" are interchangeable terminology, I think the response, noting that MvH doesn't actually say "nbc" at this point, would be to simply accuse you of not being able to read plain English. There's no contradiction because MvH is here addressing the other category of citizenship.

That's nonsense, of course, but I think a lot of birthers aren't going to take your point.

273 posted on 06/23/2011 5:45:29 PM PDT by Nathanael1
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To: editor-surveyor
"There is not a shred of foundation for any other position." You mean aside from the fact that there isn't a court in the land that has ever read MvH that way, of course. But that's their problem, not yours. All MvH says is "all those who are jus solis/jus sanguinis are members of the class 'natural born citizen'." There is absolutely nothing in that language that excludes other classes of people, and in fact MvH immediately mentions one such class, and specifically declines to exclude them.
274 posted on 06/23/2011 5:45:35 PM PDT by Nathanael1
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To: Red Steel
Again, it was the "citizenship" was the open question. That is if they were even citizens of the country let alone natural born citizens.

Well, aside from the fact that that makes mincemeat of the English in MvH, you are presupposing that "citizen" and "natural born citizen" are distinct categories of citizenship. Since most birthers predicate that argument largely on MvH, you're treading dangerously close to circular reasoning here.

275 posted on 06/23/2011 5:45:38 PM PDT by Nathanael1
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To: Squeeky

It may be Cantonese.


276 posted on 06/23/2011 5:45:41 PM PDT by Nathanael1
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To: philman_36
<i>Now you're just playing stupid.

I think what Squeeky means is the name doesn't sound "Chinese" (i.e., Mandarin), because in Mandarin syllables never close with "m" or "k". To my ear, it sounds Cantonese (and perhaps Wong himself was a Cantonese speaker). At that historical juncture Cantonese names were commonly used in the West -- e.g., "Peking" for "Beijing".

277 posted on 06/23/2011 5:45:58 PM PDT by Nathanael1
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To: edge919
The Constitution itself distinguishes between two classes of citizen. One, NBC, is a requirement for presidential office. The other, naturalized citizen...

FIFY.

278 posted on 06/23/2011 5:46:26 PM PDT by Nathanael1
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To: Nathanael1

No I’m not troll boy.


279 posted on 06/23/2011 5:47:47 PM PDT by Red Steel
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To: Red Steel

This one is so stealthy we’ll never guess why it signed up JUNE 21, 2011!


280 posted on 06/23/2011 5:51:17 PM PDT by MHGinTN (Some, believing they can't be deceived, it's nigh impossible to convince them when they're deceived.)
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