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To: OldDeckHand
Quoting form the majority opinion in Schneider v. Rusk, 377 U.S. 163 (1964)...

"We start from the premise that the rights of citizenship of the native born and of the naturalized person are of the same dignity, and are coextensive. The only difference drawn by the Constitution is that only the "natural born" citizen is eligible to be President. Art. II, § 1. "

The import of Schnieder is clear (you know what import means, right?) - they are using "native born" and "natural born" interchangeably, establishing a clear vernacular difference with no legal distinction.

Hmmmmm.

Can you show us just where he says explicitly that "native born" citizens are eligible to be President???? Something appears to have been lost in your interchange.

If he meant "native born" citizens can be President, then why didn't he say "native born" citizens can be President???

He correctly says "natural born" citizens -- not "native born" citizens. Are you saying that was a spelling error????

Words have meanings and distinctions, you know. Ask your cleaning lady. If she is as good as you say, then she can help you with those things.

Is this the kind of flimsy evidence that you are relying on to support the lawless disregard for the Constitution by the Obama regime???

268 posted on 04/27/2010 6:53:59 AM PDT by Uncle Chip (TRUTH : Ignore it. Deride it. Allegorize it. Interpret it. But you can't ESCAPE it.)
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To: Uncle Chip; OldDeckHand

What they said was that the “only difference” between a native born and naturalized citizen is that the natural born can be President.

That means native born and natural born are, to the court, interchangeable.

This is similar but more explicit than Perkins v Elg, where they wrote, “But the Secretary of State...had refused to issue a passport to Miss Elg “solely on the ground that she had lost her native born American citizenship.” The court below...declared Miss Elg “to be a natural born citizen of the United States,” and we think that the decree should include the Secretary of State as well as the other defendants.”

The only reason to justify the switch from native born to natural born is that the court considered them interchangeable. Otherwise, they would rebuke the Sec of State by saying he denied her native citizenship, which she retained, or perhaps saying he denied her native born status, when she was not just native born, but natural born.

Meanwhile, they had earlier cited with approval a ruling that said “”Young Steinkauler is a native-born American citizen. There is no law of the United States under which his father or any other person can deprive him of his birthright. He can return to America at the age of twenty-one, and in due time, if the people elect, he can become President of the United States...”

Again, if they saw a difference between native born and natural born, they would have used the latter in describing Steinkauler before saying he could be President.

You may disagree if you wish, but the interpretation I give it is not outlandish or bizarre. A court is not going to try to remove the President (which they do not have the authority to do anyways) based on my reading being impossible, and that yours the only reading a person of good will can give.

IMHO. I can’t stop someone from giving money to birther cases, but I can warn them it won’t do any good and that the money would be better spent getting conservatives into office. And the perfect record of losing in court by birthers tends to support my argument...


269 posted on 04/27/2010 7:18:28 AM PDT by Mr Rogers
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To: Uncle Chip
'Can you show us just where he says explicitly that "native born" citizens are eligible to be President???? Something appears to have been lost in your interchange. "

If you had taken the time to read the entire opinion, you might have seen it for yourself.

Douglas, writing for the majority says...

"As in Mackenzie v. Hare, supra, these cases were sustained on the basis that the classification was reasonably devised to meet a demonstrated need. Distinctions between native-born and naturalized citizens in connection with foreign residence are drawn in the Constitution itself. Only a native-born may become President, Art. II, § 1. A naturalized citizen must wait seven years after he obtains his citizenship before he is eligible to sit in the House, Art. I, § 2. For the Senate, the waiting period is nine years, Art. I, § 3.

emphasis added

Douglas, throughout the opinion, draws NO LEGAL DISTINCTION between native-born & natural-born. I'm not sure how much more plainly Douglas could have put it. This is something even your cleaning lady can understand.

271 posted on 04/27/2010 8:27:38 AM PDT by OldDeckHand
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