12th Amendment: "But no person constitutionally ineligible to the office of President shall be eligible to that of Vice-President of the United States." [1]
Constitution A II,S I, C V: "No person except a natural born citizen, or a citizen of the United States, at the time of the adoption of this Constitution, shall be eligible to the office of President" [2]
Harris was born to foreign national parents who were both in the country, allegedly on student visas. Donald J. Harris was a Jamaican national [3] and Shyamala Gopalan was an Indian national [4]
Harris was born with Jamaican citizenship. She inherited her foreign fathers foreign citizenship by birthright, regardless of birth location. Jamaican Constitution, Chapter II [5] (a pdf)
The definition for "natural born Citizen" was from a source that is less known today, but was very well known and referenced often in the days of the founders and framers. [6] A source that was not only read from during the Constitutional Convention [7], but the principals from within were used as the legal authority to claim Independence from the crown of Britain in 1776. [8]. Born in country/territory, to citizen parents. [9].
A few months after President Washington was sworn into office, he checked out two books from the New York Society library. One of them was a copy of the very same legal treatise. [10].
The Congress tried to extend the definition to include those born outside the U.S., but again, to two citizen parents, with the Naturalization Act of 1790. (repealed later) [11] Two citizen parents where again key.
The definition was also read uncontested into the Congressional record, on 3 different occasions, by Congressman John Bingham - the father of the 14th Amendment on citizenship. [12]
That Harris is not eligible to be Vice President should be clear to any reasonable thinker and even "amateur" students of the real, recorded history.
Questioning Soebarkah's eligibility was turned into a spectacle of slander and charges of racism, by even most on "our" side. It will be interesting to see if that remains the case this time around.
Has President Trump instilled enough fight back into reasonable Americans that this question of eligibility will be brought to the forefront? Remains to be seen.
Going after Harris on her record is a good idea. So too, is going after her lack of eligibility. This isn't an either or situation. We can, and should, do all the above.
If we care about the Constitution, if we care about original intent, it's crystal clear that Kamala Harris is not eligible to be Vice President and that matters just as much, if not more, than her insane record.
A theory kicking around on internet yesterday was that DNC knows she is not eligible but is proceeding as if she were. Then, if they win, pulling Joe out because of dementia, suddenly discovering Kamala is not eligible and then, proclaiming Pelosi as president. I have not seen it today.
A far out theory, yes, but in these strange times, you never know what’s next!!!
You are a crazy right conspiracy theorist—in other words you are telling the truth, the whole truth, and nothing but the truth.
The definition for "natural born Citizen" was from a source that is less known today, but was very well known and referenced often in the days of the founders and framers. [6] A source that was not only read from during the Constitutional Convention [7], but the principals from within were used as the legal authority to claim Independence from the crown of Britain in 1776. [8]. Born in country/territory, to citizen parents. [9].
All links to "authority" go to the homepage of rxsid.
[6] http://www.freerepublic.com/~rxsid/#1764
[7] http://www.freerepublic.com/~rxsid/#Constitution
[8] http://www.freerepublic.com/~rxsid/#eclvlon
[9] http://www.freerepublic.com/~rxsid/#naturel
Heavily relied upon there is the mumble splutter birther blather of Leo Donofrio, hero of the tagline "(HOW CAN A NATURAL BORN CITIZEN'S STATUS BE "GOVERNED" BY GREAT BRITAIN? - Leo Donofrio (2009))." The career of Leo Donofrio, aka The Paraclete, may be reviewed at the below link:
https://thefogbow.com/forum/viewtopic.php?f=65&t=2179 The Law of Nations is another name for International Law. United States citizenship is decided by U.S. law.
https://www.law.cornell.edu/uscode/text/8/1401
8 U.S. Code § 1401 - Nationals and citizens of United States at birthThe following shall be nationals and citizens of the United States at birth:
(a) a person born in the United States, and subject to the jurisdiction thereof;
(b) a person born in the United States to a member of an Indian, Eskimo, Aleutian, or other aboriginal tribe: Provided, That the granting of citizenship under this subsection shall not in any manner impair or otherwise affect the right of such person to tribal or other property;
(c) a person born outside of the United States and its outlying possessions of parents both of whom are citizens of the United States and one of whom has had a residence in the United States or one of its outlying possessions, prior to the birth of such person;
(d) a person born outside of the United States and its outlying possessions of parents one of whom is a citizen of the United States who has been physically present in the United States or one of its outlying possessions for a continuous period of one year prior to the birth of such person, and the other of whom is a national, but not a citizen of the United States;
(e) a person born in an outlying possession of the United States of parents one of whom is a citizen of the United States who has been physically present in the United States or one of its outlying possessions for a continuous period of one year at any time prior to the birth of such person;
(f) a person of unknown parentage found in the United States while under the age of five years, until shown, prior to his attaining the age of twenty-one years, not to have been born in the United States;
(g) a person born outside the geographical limits of the United States and its outlying possessions of parents one of whom is an alien, and the other a citizen of the United States who, prior to the birth of such person, was physically present in the United States or its outlying possessions for a period or periods totaling not less than five years, at least two of which were after attaining the age of fourteen years: Provided, That any periods of honorable service in the Armed Forces of the United States, or periods of employment with the United States Government or with an international organization as that term is defined in section 288 of title 22 by such citizen parent, or any periods during which such citizen parent is physically present abroad as the dependent unmarried son or daughter and a member of the household of a person (A) honorably serving with the Armed Forces of the United States, or (B) employed by the United States Government or an international organization as defined in section 288 of title 22, may be included in order to satisfy the physical-presence requirement of this paragraph. This proviso shall be applicable to persons born on or after December 24, 1952, to the same extent as if it had become effective in its present form on that date; and
(h) a person born before noon (Eastern Standard Time) May 24, 1934, outside the limits and jurisdiction of the United States of an alien father and a mother who is a citizen of the United States who, prior to the birth of such person, had resided in the United States.
(June 27, 1952, ch. 477, title III, ch. 1, §?301, 66 Stat. 235; Pub. L. 89–770, Nov. 6, 1966, 80 Stat. 1322; Pub. L. 92–584, §§ 1, 3, Oct. 27, 1972, 86 Stat. 1289; Pub. L. 95–432, §§?1, 3, Oct. 10, 1978, 92 Stat. 1046; Pub. L. 99–653, §12, Nov. 14, 1986, 100 Stat. 3657; Pub. L. 103–416, title I, § 101(a), Oct. 25, 1994, 108 Stat. 4306.)
Wong Kim Ark, 169 U.S. 649 (1898)
At 169 U.S. 688:
This sentence of the Fourteenth Amendment is declaratory of existing rights, and affirmative of existing law, as to each of the qualifications therein expressed—" born in the United States," "naturalized in the United States," and "subject to the jurisdiction thereof "—in short, as to everything relating to the acquisition of citizenship by facts occurring within the limits of the United States. But it has not touched the acquisition of citizenship by being born abroad of American parents; and has left that subject to be regulated, as it had always been, by Congress, in the exercise of the power conferred by the Constitution to establish an uniform rule of naturalization.The effect of the enactments conferring citizenship on foreign-born children of American parents has been defined, and the fundamental rule of citizenship by birth within the dominion of the United States, notwithstanding alienage of parents, has been affirmed, in well considered opinions of the executive departments of the Government, since the adoption of the Fourteenth Amendment of the Constitution.
https://fam.state.gov/FAM/08FAM/08FAM030101.html
8 FAM 300
(U) U.S. CITIZENSHIP AND NATIONALITY8 FAM 301
(U) U.S. CITIZENSHIP8 FAM 301.1
(U) ACQUISITION BY BIRTH IN THE UNITED STATES(CT:CITZ-1; 06-27-2018)
(Office of Origin: CA/PPT/S/A)* FAM 301.1-1 (U) INTRODUCTION
(CT:CITZ-1; 06-27-2018). . .
d. “Subject to the Jurisdiction of the United States”: All children born in and subject, at the time of birth, to the jurisdiction of the United States acquire U.S. citizenship at birth even if their parents were in the United States illegally at the time of birth:(1) The U.S. Supreme Court examined at length the theories and legal precedents on which the U.S. citizenship laws are based in U.S. v. Wong Kim Ark, 169 U.S. 649 (1898). In particular, the Court discussed the types of persons who are subject to U.S. jurisdiction. The Court affirmed that a child born in the United States to Chinese parents acquired U.S. citizenship even though the parents were, at the time, racially ineligible for naturalization;
(2) The Court also concluded that: “The 14th Amendment affirms the ancient and fundamental rule of citizenship by birth within the territory, in the allegiance and under the protection of the country, including children here born of resident aliens, with the exceptions or qualifications (as old as the rule itself) of children of foreign sovereigns or their ministers, or born on foreign public ships, or of enemies within and during a hostile occupation of part of our territory, and with the single additional exception of children of members of the Indian tribes owing direct allegiance to their several tribes. The Amendment, in clear words and in manifest intent, includes the children born within the territory of the United States, of all other persons, of whatever race or color, domiciled within the United States.” Pursuant to this ruling:
(a) Acquisition of U.S. citizenship generally is not affected by the fact that the parents may be in the United States temporarily or illegally; and that; and
(b) A child born in an immigration detention center physically located in the United States is considered to have been born in the United States and be subject to its jurisdiction. This is so even if the child’s parents have not been legally admitted to the United States and, for immigration purposes, may be viewed as not being in the United States.
The Paraclete's birther blather failed in court.
There was Donofrio v. Wells No. AM-0153-08T2 (N.J. Super. Ct. App. Div. Oct. 30, 2008) (denying application for emergent relief challenging eligibility of McCain and Obama), aff’d, No. _____ (N.J. Oct. 31, 2008), application for stay denied, 129 S. Ct. 752 (2008).
However, his greatest legal accomplishment occurred with In re: Old Carco, LLC, SDNY 1:10-cv-02493-AKH;on appeal 2nd Cir., 10-3933.
In Document 76-1 of 03/25/2011, the Second Circuit Court found:
As to the merits of Appellants' claims, they are utterly frivolous. We reject these claims on the merits for substantially the same reasons set forth by the district court below.
In document 48 of 04/20/2012, the District Court issued the following Summary Order Granting Attorney's Fees:
On April 17, 2012, I heard oral argument in the above-captioned matter. For the reasons stated on the record, and pursuant to the order of the Second Circuit Court of Appeals, the motion of Appellee Old Carco Liquidation Trust is timely. I fix the fees owed by Appellant's counsel, Pidgeon & Donofrio GP, at $127,987.50. The clerk shall enter judgment in that amount against Pidgeon & Donofrio GP and in favor of Old Carco Liquidation Trust.The Clerk shall mark the motion (Doc. No. 29) terminated and close the docket.
SO ORDERED.
Date: April 20, 2012
New York, New York/s/
ALVIN K. HELLERSTEIN
United States District Judge
https://naturalborncitizen.wordpress.com/
We’re all blood brothers.Posted in Uncategorized on March 13, 2012 by naturalborncitizen
After long consideration and discussion with my family, I am saying goodbye to this blog and the law. I am retiring my law license and will be concentrating on making films, and writing music.
There is no lawyer, politician or judge who will change the world into what God intended it to be – one family, one love. Angels are real. It’s gonna be a full on landing soon.
Some are in the video at the following link.
“BLOOD BROTHERS”
ONE LOVE.
Leo Donofrio
https://thefogbow.com/birther-movement/cast-and-crew/lawyers/leo-donofrio/
Leo DonofrioLeo Donofrio is the most colorful of all the characters in the birther saga. Before becoming the guiding light of the birthers, he led a rock band. He has gone by the nicknames “Burnweed,” “Jet Wintzer,” “Jet Schizo,” and “The Paraclete” (the Holy Spirit in Christian theology).
He is the lawyer who first created the fake imaginary “two citizen parents” rule that has been thoroughly disproven and explicitly rejected by the courts, especially the court in Ankeny v. Daniels. Leo is also the father of the Fake Grand Jury movement, though he disavowed them when the first fake grand jury threatened to take physical action to enforce its “indictment”.
Here’s just one of his autobiographical sketches:
I am the author of internet cult phenomenon “ONELOVESTORY”, written under the alias BURNWEED. In 1994 I was at a low point in my life, a failed law career led to me being a singer in a failed rock band inspired by the 89/90 Manchester Rock/Rave explosion.In 1994 my band broke up and I was in a bad way …
… In 1998 I realized I was The Paraclete and that my purpose was to prophecy the return of the Messiah. The angels led me to one ALLAN(Reni)WREN, reclusive drummer of The Stone Roses. Needless to say I never had a chance of getting ONELOVESTORY or my music any press as they all thought I was insane and trying to ride on the shoulders of another band’s dream as a charlatan.
… Bizarre as this may sound, it’s all true and has been documented in Usenet newsgroup alt.music.stone-roses since 1996.
See what I mean about colorful? I love this guy! Here’s another one, where he explains his True Mission:
ONELOVESTORY 2001Chapter 1: Resurrection
By The Paraclete
I am not Lee D’onofrio or Burnweed.
Those are names of the body I have used as a spacesuit to appear here before you on planet Earth.
My real name is The Paraclete. And Reni IS The Messiah. The Paraclete aka The Spirit of Truth, aka The Holy Spirit is the third person of Trinity. As Jesus stated in the Gospel of John, he has sent me to condemn Satan and glorify the Messiah.
[...]
Move on, nothing to see here.