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To: El Gato

The 14th amendment was not passed until the late 1860s. The Natural Born citizen clause was included in the original Constitution passed in 1787. The former can hardly govern the latter. Oh it could if it said “All persons born in the US are Natural Born Citizens” or something similar. It says only that they are citizens. The 14th thus did not change the definition of natural born citizen, which remains what it was in 1787.


In 2009, in the case of Ankeny et. al. v The Governor of Indiana, the Indiana Court of Appeals ruled that Barack Obama is a natural born citizen under the requirements of Article 2, Section 1, Clause 4 of the Constitution. The Court referenced the 14th Amendment, Minor v Happersett and US v Wong Kim Ark as precedents for their ruling (among other precedent setting cases).
The “Natural Born Citizen” section (B) of the Court’s decision can be read here:
http://nativeborncitizen.wordpress.com/2009/11/12/ankeny-v-gov-of-indiana-natural-born-defined-born-on-us-soil-regardless-of-citizenship-parents/#more-7312


204 posted on 01/17/2010 10:30:50 AM PST by jamese777
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To: jamese777
"In 2009, in the case of Ankeny et. al. v The Governor of Indiana, the Indiana Court of Appeals ruled that Barack Obama is a natural born citizen under the requirements of Article 2, Section 1, Clause 4 of the Constitution."

While interesting, I don't believe that a lower court ruling in one state has any standing as a precedent in federal court so the Minor Case stance on NBC will hold as precedent until SCOTUS takes NBC up again directly.

Leo Donofrio savaged the Ankeny ruling on his blog (before he took it down pending his current case) pointing out many weaknesses in the ruling.

Phil on The Right Side of Life posted some of Donofrio's comments on Ankeny here:

http://www.therightsideoflife.com/2009/11/16/eligibility-update-ankeny-v-daniels-and-citizenship-sen-frist-on-birthers-kerchner-ad/

206 posted on 01/17/2010 6:37:07 PM PST by Seizethecarp
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To: jamese777
I guess then Obama is a natural born citizen.. of or at least in Indiana. However, the Court of Appeals of Indiana, is not the final word on the meaning of terms within the Constitution of the United States. They aren't even the final word within Indiana. From Indiana Court System

The Indiana Court of Appeals is an intermediate appellate court. It handles appeals between the trial court and Indiana Supreme Court.

Get back to us when the case is on appeal from the Indian Supreme Court to the Supreme Court of the United States.

Although I suspect the case is now moot, since the governor did certify the results of the election, and such certification, by itself, probably can't be undone. That doesn't mean that a person elected or appointed to an office for which she/he is not eligible can't be removed.

207 posted on 01/17/2010 8:43:11 PM PST by El Gato
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