Posted on 01/07/2012 5:24:30 PM PST by Danae
Grab a cup of java, put your thinking caps on, kick back and relax. We are going to be here for a while. Focus. Below, you will be privy to a true and proper revision of United States Supreme Court history.
One of the foundational building blocks for Justice Grays opinion in U.S. v. Wong Kim Ark is the case, McCreery v. Somerville, 22 US 354 (1824), to which Gray made a fatally flawed assumption based upon his failure to acknowledge a judicially recognized misquote. Then, Justice Gray compounded his initial error by creating a separately deceptive quotation.
These errors completely sully his analysis of McCreery. Gray failed to inform his opinion in Wong Kim Ark with the fact that the U.S Supreme Court had questioned that opinion in 1881, just prior to Gray having joined the Court.
(Excerpt) Read more at naturalborncitizen.wordpress.com ...
Bump
ping
Thanks for the ping!
Be sure to see part 2 - a ripping of Jack Maskell’s CRS report.
The closing statement:
” Footnote 61 is a bold fabrication of a Supreme Court holding offered to the public as if it were real. The entire 53 page CRS memo is stuffed with such fabrications.”
Thanks for the ping. Obviously a long read required. I’ll fit it in as able to.
A great article and very revealing.
I’m certainly no lawyer and have no expertise on this debate. But I’m concerned that the Wong Kim Ark decision has become precedent and law - even if this may prove to be based on bad scholarship and research (and even deception?). Can SCOTUS truly use research such as what Donofrio asserts to overturn precedent? The likelihood of this seems doubtful to me. As much as I want true justice to reign, I’m leary of getting my hopes too high...
The Ark decision did not address the question of NBC - the Court purposefully side-stepped that issue in its declaratory ruling. Although, NBC was [incorrectly] examined ad nauseum in the dicta of the ruling.
There is more in there than just that. One after another, Maskell’s report is FULL of outright falsehoods coached in partial misquotes and deliberate misinterpretations. The entire thing is not just laughable, but a total joke as far as a legal Memo goes. He would get fired from any reasonable firm for doing work like this in the real world. But then he isn’t in the real world, he is working for Obama in the PR department.
Sickening. Through and through.
I'm in.
Here this thread and the linked article is what citizens as citizens can do, in terms of legal ideals-discovering, analysis, and scholarly research. Citizen Donofrio does have a JD, but he does not misuse it as a club with which to beat his fellows, who are citizens quite as capable as he of understanding and researching the law, if they make the effort to.
That is, the measure of validity is never in the “certification”, it is in the actuality of a person’s ability to pursue a given endeavor.
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