HOLLISTER v. SOETORO - New filings - PETITION for Hearing en Banc, MOTION to publish

Scribd ^ | 4/21/2010 | Hemenway

[rxsid]

Ping!

"HOLLISTER v. SOETORO - New filings - PETITION for Hearing en Banc, MOTION to publish"

[classified]

Please explain this!

[rxsid]

HOW CAN A NATURAL BORN CITIZEN'S STATUS BE "GOVERNED" BY GREAT BRITAIN?

“When Barack Obama Jr. was born on Aug. 4,1961, in Honolulu, Kenya was a British colony, still part of the United Kingdom’s dwindling empire. As a Kenyan native, Barack Obama Sr. was a British subject whose citizenship status was governed by The British Nationality Act of 1948. That same act governed the status of Obama Sr.‘s children.

http://fightthesmears.com/articles/5/birthcertificate.html

Factcheck.org goes on to say this about Obama Sr., Jr. and the British Nationality Act of 1948:

In other words, at the time of his birth, Barack Obama Jr. was both a U.S. citizen (by virtue of being born in Hawaii) and a citizen of the United Kingdom and Colonies (or the UKC) by virtue of being born to a father who was a citizen of the UKC.

http://www.factcheck.org/askfactcheck/does_barack_obama_have_kenyan_citizenship.html

 

Even the modern day State Department rules discusses the problems associated with dual citizenship:

7 FAM 081: U.S. Policy on Dual Nationality:

(e)While recognizing the existence of dual nationality, the U.S. Government does not encourage it as a matter of policy because of the problems it may cause. Dual nationality may hamper efforts by the U.S. Government to provide diplomatic and consular protection to individuals overseas. When a U.S. citizen is in the other country of their dual nationality, that country has a predominant claim on the person.

...

the U.S. Supreme Court has stated that dual nationality is a "status long recognized in the law" and that "a person may have and exercise rights of nationality in two countries and be subject to the responsibilities of both." See Kawakita v. United States, 343 U.S. 717 (1952).

http://www.state.gov/documents/organization/86563.pdf

So, back to the question: "HOW CAN A NATURAL BORN CITIZEN'S STATUS BE "GOVERNED" BY GREAT BRITAIN?"
It can't. Of course not. Yet, right there, on his campaign web site F.T.S., it's stated that a foreign government "governed" Barry from birth and the reason it did, was that Barry inherited that foreign citizenship by way of his foreign national father (no matter where he was born), a fact backed up by Factcheck.org. Assuming, of course, that Sr. was his legal father at birth.
How, then, could he possibly be a "Natural Born Citizen" of the U.S.?
Barry Soetoro, the divided citizen at birth!

Barack Obama a/k/a Barry Soetoro *	NOT Obama / Soetoro
* This assumes HI birth.

http://www.jeffersonsrebels.blogspot.com

Furthermore:  Hawaii's Territorial Law, Chapter 57 - "VITAL STATISTICS, I", shown beginning pg 23 of 29, (the law in effect in 1961) allowed the parents (or grandparents or other relative) of baby's born anywhere in the world to be eligible to apply for a Hawaiian birth certificate. A mailed-in form (without mention of a hospital, doctor, or midwife) signed by one of his grandparents (who forged the parent signature(s)) would have been enough to set up a birth record and a birth certificate at the Dept of Health. The Dept of Health would (presumably) then have automatically sent the names of the parents, their address as given on the mailed-in form , the gender of the child, and the date of birth to the Honolulu Advertiser and Star-Bulletin. The address given for the parents in the newspaper announcements is actually, however, the August 1961 home address of Obama’s maternal grandparents Stanley and Madelyn Dunham [6085 Kalanianaole Highway], and not the 1961 home address of Barack Obama, Sr. [625 11th Ave].) This notification would then have automatically generated the newspaper announcements. (This was the practice of the Honolulu Advertiser and Star-Bulletin at the time).

Bottom line: Even IF (big IF) he was born in HI, he inherited his father's foreign citizenship as well, making him a US citizen by US law and the subject of the crown of her majesty the Queen of England by inheritance and England's law. He could not be considered a Natural Born Citizen as known by and as intended by the framers.

[Red Steel]

I ‘Twittered it’ Robertson is one dumb butt judge.

[webheart]

A lot of people want to just ignore the whole birth certificate issue. I would have no problem with Obama’s eligibility if he were born in any state of the US, ragrdless of who his father was, or his father’s citizenship status. I do believe that there is something strange going on, because I am naturally paranoid, and because a lot of avoiding is being done. If someone, today, wanted to see my birth certificate, I could have it in five minutes, and would have no qualms about showing it to any Joe Bozo on the street.

Maybe someone could put up a website where people could scan their own birth certificates and let the whole world see them. If identity theft were anm issue, the images could be degraded. I would put mine on there.

As a child, I always thought I would never be allowed to be President because I was born in Japan, even though my parents were both from California, and my Dad was in the Air Force. I was always aware of that fact, even if I was wrong.

[JoSixChip]

"If someone, today, wanted to see my birth certificate, I could have it in five minutes"

I'm starting a new job on Monday and I have to bring my BC with me on the first day. I'm happy to do it, but then I am a Natural Born American citizen with nothing to hide. I just wish the person claiming to be POTUS felt the same way.

[STARWISE]

~~Ping!

[Domandred]

If someone, today, wanted to see my birth certificate, I could have it in five minutes

Haha beat you. 15 seconds to find it in my desk drawer file.

[Cyclone59]

Personally, I don’t understand why COB’s are so secretive, in reality they don’t show much of anything sensitive in nature. Mom, Dad, day of birth and your name. Am I missing something here or over simplifying.

[ButThreeLeftsDo]

You Know The Drill
Click the Pic

Hey! FReepers!
Help Fill The Tank!
How About It? Huh?
It Ain't Askin' Too Much
Ya Know....

[Josa]

A certificate of live birth (COLB) which is what obama posted on the web is insufficient documentation for any U.S. citizen to receive a passport.

[PubliusMM]

Excellent! Keep the heat on him. The truth will come out...

Excellent arguments, as well.

[bgill]

I would have no problem with Obama’s eligibility if he were born in any state of the US, ragrdless of who his father was, or his father’s citizenship status.

So, you wouldn't have a problem with an anchor baby? No problem at all with foreigners who birthed him on vacation or just passing through the country? What a sad state of affairs we've come to. If he were birthed in the middle of the Lincoln Bedroom, he would be ineligible because of this father's citizenship.

[wintertime]

An honest man would be **HONORED** to promptly prove with all of the best evidence that he was a natural born citizen.
A GUILTY man wastes the resources and time of the Department of Justice and its U.S. attorneys to block the release of common documents that ordinary citizens provide every day.

Obama WASTED Department of Justice resources and attorney time when plots were being laid to KILL our soldiers on their bases and recruitment centers, and blow planes out of the sky! If his motivation is to play a political “gotcha” on the birthers, I don’t think the American public will be amused.

[SatinDoll]

Just, WOW!

What many people do not understand is that a person to be considered a Natural Born Citizen, must first be a native born citizen.

There are only three types of citizenship and all have equal rights: native born citizenship; naturalized citizenship; and, citizenship-by-statute. Note: Natural Born Citizenship IS NOT a type of citizenship. It is only a circumstance of birth required for eligibility to be President of the United States.

Native born citizenship (jus solis) was created by the United States v. Wong Kim Ark, 169 U.S. 649 (1898):

Wong Kim Ark was the son of two resident Chinese aliens, (who were unable to attain citizenship due to a treaty with the Emperor of China), and who claimed U.S. Citizenship because of his birth on U.S. soil. He was vindicated by the Supreme Court on the basis of the 14th Amendment.

On the basis of the 14th Amendment the majority opinion coined a new definition for “native citizen”, as anyone who was born in the U.S.A. (jus solis) under the jurisdiction of the United States. The Court thus extended citizenship to all born in the country (excepting those born of ambassadors and foreign armies etc.) but it DID NOT extend the meaning of the term “natural born citizen” to those whose parents were not citizens at the time of the child’s birth.

Naturalized citizenship is granted to those born in a foreign land who become U.S.citizens, such as Gov. Arnold Schwarznegger, for example.

Citizenship-by-statute is granted to those born overseas to U.S. citizens (jus sanquinas). There is a whole array of legal statutes covering this, but this type of citizenship has the same rights as the other two types.

Since there is NO RIGHT to be President, the eligibility requirement of Natural Born Citizenship (jus solis + jus sanguinas: born in the U.S. to U.S. citizen parents) must be viewed as a means to prevent split allegience for any President of the United States.

[cumbo78]

My gut still tells me that this is not about his being a citizen, but rather his fraudulently portraying himself as a foreign student to gain funding and sponsorship for his education.

[bgill]

Personally, I don’t understand why COB’s are so secretive, in reality they don’t show much of anything sensitive in nature. Mom, Dad, day of birth and your name. Am I missing something here or over simplifying.

What you're missing is that a Certification of Live Birth (COLB) is a different animal than a Birth Certificate. One is a certificaTION and the other is a certificate. One says there was a live birth while the other gives the official documentation details of the birth. One can be based on a lie while the other presents witness signatures attesting to a fact. One isn't worth the bandwidth required to photocopy and post it and the other is required to obtain a passport, marriage license, driver's license, and employment.

What is secretive is perhaps the file number and the possible 2007 amendments made to the original BC.

[Two Kids' Dad]

The “father” portion of Zerobama’s long-form birth certificate is what I’d most like to see. It could be that he’s an American born to two American parents and Obama Sr. isn’t his biological daddy. Makes him eligible to be president, but also makes him a bastard and a huge part of his life story becomes a lie.

Until he produces the long-form he’s nothing more than a fraud in my eyes.

[Misterioso]

Gut instinct? Don’t you have a brain?