While researching for Orly Taitz, I found that Judge Carter’s clerk misinterpreted Ashwander vs. Tennessee Valley Authority (the third case cited in the dismissal) in order to assert that Barnett had no standing.
Natural Born Citizen, as a term of art, appears only once in U.S. law, Article II of the constitution. It is not a naturalization issue, and therefore not covered under congressional uniform naturalization law powers of Article I. Note, that the 14th Amendment mentions a child born on U.S. soil to a U.S. citizen mother and father is a citizen at birth, but does not define it as a ‘natural born citizen.’ Cf. 14th Amendment author Sen. Bingham’s comment on what a natural born citizen is, ‘according to the constitution.’.
Similarly, ‘natural born citizen’ appears nowhere in naturalization and nationality statutes. It is not defined in 8 USC 1101, nor enlarged upon in 8 USC 1401 (1952 INA 301).
In addition, in “general law” or case law/common law, natural born citizen has been discussed from Minor v Happersett to Perkins v Elg, but the cases are not specifically on point and are noncommittal to the terms accurate use.
Therefore, under Ashwander, the court’s subject matter jurisdiction is not discretionary under ‘statutory or general law,’ but mandatory as an alleged violation of constitutional law.
My contribution is in #11 of the Barnett Motion to Reconsider.
For more of my research on the ‘birther’ issue, see http://paralegalnm.wordpress.com/2009/11/29/diagramming-the-grammatical-structure-of-article-ii-%c2%a7-1-cl-4/
The only native born sons of British subjects eligible to be president were born prior to the adoption of the constitution. Thus, the subordinate adjective clause after the main clause describing ‘natural born citizen.’
Let's hope that Judge Carter does see that his court must hear the case...although, I'm betting he doesn't.
Regarding the work on your web site, I'd like to follow up with some questions on the issue of weather or not his parent's marriage was bigomous.
1. Do we have proof (that would hold up in court) that Sr. was in fact still married in Kenya to another woman(s)? Proof that would "override" the court documented divorce record for Sr. and SADO?
and
2. If there is such proof in #1, do we know for a fact that the marriage between Sr. and SADO took place in HI and not in Kenya (or "similar" country)?
and
3. If there is proof that the marriage took place in HI, do we have proof that it was a bigamous marriage and not a polygamous marriage? Is there a difference in 1961 British (for oversea's citizens) and HI marriage law?
Or, is much (all?) of the above based on assumptions and/or hearsay(aside from the court divorce document)?
Thanks much.