HOLLISTER v. SOETORO - JOINT LETTER FILED - advising of additional authorities.

Scribd ^ | 5/25/2010 | John David Hemenway

[rxsid]

A rule 28(j) letter has just been filed in Hollister v. Soetoro citing the actual language of Vattel from his 1756 treatise and David Ramsay’s essay as well as St. George Tucker’s American edition of Blackstone with commentaries on the Constitution in contrast to the common law.

From the letter:

 

Re:Hollister v. Soetoro, No. 09-5080, consolidating No. 09-5161

Dear Sir:

I write pursuant to Rule 28(j) to bring to the attention of the Court supplemental authority which has come to our attention since we filed our briefs in the case, now under reconsideration. This authority is about the issue of the phrase “natural born citizen” in Art. II, Sec. 1, Cl. 5 of the Constitution, which is central to our contention that if the allegations of the complaint be taken as true a case was made and the said central issue should have been treated, but wasn’t. In prior filings we cited the 19th century case authority pointing to the work of Vattel on the Law of Nations as the origin of the thinking behind that phrase. (pp.5, 35-6)

Now we cite Vattel in his“Le Droit des Gens ou Principes de la Loi Naturelle 1758 (English 1759) from Vol. 1 (of 2) Chpt. XIX, 212, Des citoyens et naturels: “Les naturels, ou indigenes, sont ceux qui sont nes dans le pays, de parens citoyens.” Unmistakably he says that those are natural born citizens who are born in the country of citizen parents.

David Ramsay, founding father from South Carolina who served in the Continental Congress in 1782-83 and 1785-86, wrote early histories of the founding. In his 1789 essay “A Dissertation on the Manners of Acquiring the Character and Privileges of a Citizen” pp. 6-7 describes the “natural born citizen” as one born in the country of citizen parents. He knew all the participants and worked with them in his role as a member of the Congress.

St. George Tucker emigrated from Bermuda before the Revolution, in which he fought extensively. He married the widowed mother of John Randolph of Roanoke, by whom he had two children. He taught law for years at William and Mary. In 1804 he published the leading American version of Blackstone of the time, in which he correlated Blackstone with the Constitution. In the Appendix to Vol. 1, Note D, Sec. 14 he makes clear that the Framers relied upon Vattel’s definition above, not the common law concept concerning “subjects.” He gives examples why.

Sincerely yours,

/s/

John D. Hemenway

http://www.scribd.com/doc/31897641/HOLLISTER-v-SOETORO-JOINT-LETTER-FILED-Advising-of-Additional-Authorities

[PubliusMM]

Excellent information. Keep his feet to the fire. The lame stream media isn’t interested, but the people are. Sooner or later, the truth will come out. I pray it be sooner rather than later.

It’s time to take back the country. Pitching this pretender out of office and into a Federal Prison cell would be a really good start.

[rxsid]

"Wow, that was a GREAT summary! Thanks for putting me some knowledge (as they say on Ace of Spades, long story). I am hoping and praying this case goes somewhere. It sounds so promising, but the judges in this country just don’t seem interested in giving us a fair hearing."

Indeed, and not getting a fair hearing is an understatement. As SCOTUS justice Thomas has stated, they are evading the issue!

[rxsid]

I don't believe riots will occur, like some people think. In late Nov. 2008 til Feb. 2009? Perhaps. Not now. Not 2 years later, especially after his polls numbers are in the toilet. There will no doubt be some local (in the big cities) unrest. The perceived threat of some violence, however, is no excuse to allow someone to usurp the office of the Commander in Chief.

[ExTexasRedhead]

Take him down in November by changing both Houses to a Republican majority. Then Repeal the Holocaust that is the DeathCare.

[ExTexasRedhead]

http://www.youtube.com/view_play_list?p=66235B7DDFED538C

[Fantasywriter]

Gmta. As soon as I sent that post, I realized I had made such an understatement. I wasn’t aware that Thomas had said that. Thanks for yet more knowledge—really, really good stuff this time. :)

[seekthetruth]

ping.

[SatinDoll]

Yep. But I’ve got to tell you this NBC stuff is so cerebral, most folks eyes glaze over when talking about it, and they neither understand nor care much about the subject.

But multiple or false Social Security Numbers, now that gets their attention! And what’s more really ticks people off.

Orly Taitz has had a break on the Social Security Number issue. If you haven’t read this yet, it has great potential.

Remember, Al Capone went to prison for tax evasion, not for racketeering or being a mobster.

New pleadings filed today(5/24)in Taitz v Obama, Judge Royce Lamberth Washington DC

http://www.freerepublic.com/focus/f-news/2520363/posts

[tumblindice]

We assumed FDR would adhere to the tradition of seeking no more than two terms. When he did not, we passed an amendment to the Constitution. He was the closest thing to a tyrant this country has ever known.
Same thing with presidential succession, after Kennedy was murdered a constitutional amendment was required.
An amendment is not needed here. If Obama is a liar and allowed the country to assume his vitae was bona fide ... drum him out and Congress can add some enabling legislation to the US Code that the attorney generals’ office, maybe this is a law they **will enforce.**
Article Two of the Constitution is clear. It doesn’t require amendment. We’re either a nation of laws, or we’re not.

[rxsid]

Complete agree that the NBC stuff is not something the "average" American citizen cares about. And, it's too bad too because it just goes to show how successful the progressives have been in removing our history from our knowledge base.

It's a big reason why the media won't touch it, and if they do, the only talk about the B.C. issue. The framers intent for NBC is just too far in the past for most people.

It took over 2 years before Nixon was brought down, and he resigned over the mounting pressure to do so...and not necessarily from any criminal charges against him.

[hoosiermama]

It took over 2 years before Nixon was brought down, and he resigned over the mounting pressure to do so...and not necessarily from any criminal charges against him

All accomplished with as little as possible damage to the country....Pray that the same is accomplished this time....WITH criminal charges to follow this time....Not just for him but the whole Fam-Damily.

[W. W. SMITH]

and when you follow the logic of this ,Dick Cheney is the president even though not sworn in.

[Mobilemitter]

"I don't believe riots will occur, like some people think. In late Nov. 2008 til Feb. 2009? Perhaps. Not now. Not 2 years later, especially after his polls numbers are in the toilet. There will no doubt be some local (in the big cities) unrest. The perceived threat of some violence, however, is no excuse to allow someone to usurp the office of the Commander in Chief."

I agree. If there are riots they will come from the union thugs and socialist handouts (see Greece) who were expecting free housing and cradle to grave glory from their Communist in Chief.....AFTER we toss him out.

[phockthis]

sfl

[GBA]

Great post and update!

[CommieCutter]

“and when you follow the logic of this ,Dick Cheney is the president even though not sworn in.”

---

Wow! If the above is true, the BC issue would result in major violence. The Left would go insane!!!

We would have to build gun turrets around our homes!

It would be like a Swiss Family Robinson pirate invasion but they’d be using Granola and flax seed bombs.

[CommieCutter]

Everyone keeps talking in the context of “after we toss him out”.

How possible is this now? Did the prospect of removal go up 20%, 50%, 80%???

[brityank]

We dont want scotus to rule on this. We want 60 percent of the people demanding an American be elected president. We want him leaving out the back door, hiding his face in shame.

Not this "we"!

I want that son of a bitch marched off the front porch in chains on his way to Leavenworth, along with his enablers.

[circumbendibus]

Excellent report! Anything new on Kreep/Taitz appeal in 9th circuit?

[El Gato]

The risk we run now is the SCOTUS rules in his favor to avoid riots.

With the facts more in the public domain, what makes you think there would not be riots, or worse, if they ruled in favor of the Won? His side doesn't have a monopoly on ferver, and they are not nearly as well armed as the Constitutionalists.