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Jury Convicts Army 'Birther' Who Refused Deployment to Afghanistan
FoxNews.com ^ | 12/15/2010 | Staff

Posted on 12/15/2010 12:54:18 PM PST by OldDeckHand

A military jury has convicted an Army doctor who disobeyed orders to deploy to Afghanistan because he questions President Obama's eligibility for office.

(Excerpt) Read more at foxnews.com ...


TOPICS: Breaking News; Constitution/Conservatism; Crime/Corruption; Government
KEYWORDS: army; certifigate; didnttakelong; fgsitsnotpalin; lakin; military; naturalborncitizen; notaboutpalin; obama; palin; ucmj
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To: Kleon
What is your definition of Natural Born Citizen?

The Child of Citizen parents (Naturalized, Native, or Natural Born)

Naturalized Citizens....Someone that chooses to become a Citizen through the naturalization process, an immigrant that has become a US citizen.

Native born Citizens....Someone that was born in this country to parents that were not citizens i.e. legal resident aliens not diplomatic staff or members of an invasion army .

Natural Born Citizens....Descendant of actual citizens (Naturalized, Native, or Natural Born)

461 posted on 12/16/2010 5:46:20 PM PST by usmcobra (.Islam: providing Live Targets for United States Marines since 1786!)
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To: Red Steel

“To expand on my post, Lakin has standing in civil court, but just having standing is not enough to bring suit.”

Too bad he couldn’t successfully sue Lind and the military prosecutor. Of course, that cannot happen.


462 posted on 12/16/2010 5:47:29 PM PST by Sola Veritas (Trying to speak truth - not always with the best grammar or spelling)
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To: edge919
I refer you again to Madison's statement: "“place is the most certain criterion; it is what applies in the United States; it will therefore be unnecessary to investigate any other.”

You keep trying to find wiggle room in that, but there isn't any.

463 posted on 12/16/2010 7:30:54 PM PST by sometime lurker
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To: sometime lurker
I refer you again to Madison's statement: "“place is the most certain criterion; it is what applies in the United States; it will therefore be unnecessary to investigate any other.”

And I refer you again to the very next sentence in the paragraph where Madison declares, "Mr. Smith founds his claim upon his birthright; his ancestors were among the first settlers of that colony." Place is the most CERTAIN criterion, but Madison does NOT say it is the ONLY criterion and he immediately acknowledges that one's ancestors establish a birthright. Also, you need to understand that this statement was made prior to the ratification of the Constitution, so he wasn't talking about the Constitutional term, 'natural born citizenship.' How else may I school you??

464 posted on 12/16/2010 7:58:45 PM PST by edge919
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To: edge919

Read what you just posted. Madison declares “Mr. Smith founds his claim upon his birthright...” but Madison has already said “place is the most certain criterion; it is what applies in the United States; it will therefore be unnecessary to investigate any other.”

To make it very plain: Mr. Smith is saying his birthright and ancestors support his claim. James Madison, “father of the constitution,” says his parentage is irrelevant as place is more certain, it is what applies in the US, and no other criterion need be investigated. If you can’t fathom what he wrote, I suggest a reading comprehension course.


465 posted on 12/16/2010 11:06:04 PM PST by sometime lurker
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To: sometime lurker

You’re confusing the words ‘most certain’ with the word ‘only.’ Madison does not talk about Smith’s citizenship in this paragraph but principles of allegiance. Just because he says it’s unnecessary to investigate other criteria, doesn’t mean the other criteria are not relevant to allegiance. Third, he still acknowledges that ‘birthright’ is connected to one’s ancestors. And, when Madison talks about Smith’s citizenship, he says it’s because as a minor born in South Carolina (hey that rhymes), “When that society separated from Great Britain, he was bound by that act and his allegiance transferred to that society ...” This means Smith was born British and only became a U.S. citizen when South Carolina declared independence with the United States.

In summation, Madison says: “So far as we can judge by the laws of Carolina, and the practice and decision of that state, the principles I have adduced are supported; and I must own that I feel myself at liberty to decide, that Mr. Smith was a citizen at the declaration of independence, a citizen at the time of his election, and consequently entitled to a seat in this legislature.”

Ponder this. He does not say Smith was a natural born citizen by virtue of place of birth. He lists SEVERAL factors in adducing that Smith is a citizen of the United States in order to be eligible for Congress under Art. I.
IOW, there’s nothing here that defines natural born citizen by place only. If there was, there would have been no need for the 14th amendment many years later. Sorry. Game. Set. Match.


466 posted on 12/17/2010 12:57:52 AM PST by edge919
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To: tricksy
Even more ludicrously, this “dual citizens can’t be President” argument would give every two-bit dictator on earth a veto over our Presidential elections (they could just make the winner a citizen of Crapholistan with the stroke of a pen).

Of course -- that's the logical consequence of that argument. But I don't think applying logic to such arguments is what they really have in mind.

467 posted on 12/17/2010 9:46:39 AM PST by Bruce Campbells Chin
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To: Radix
You evade the distinction between “citizen” and “natural born citizen.”

Not at all. The term "natural born citizen" is not defined in the Constitution. So instead, you are just using your own idiosyncratic definition of the term while ignoring the plain text of the 14th Amendment. So as a reminder, here it is:

Section 1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.

By it's own terms, the amendment says that if you are born in the United States, you are a citizen at birth. That was not the law at the time the Constitution was ratified, but that changed with the passage of the 14th Amendment. Such individuals who are "born" in this country are different from people who are naturalized, and the 14th makes that clear as well.

So the 14th described two specific classes of citizens: Those who are citizens at birth, and those who are naturalized. By the plain meaning of the language, a person who is born a citizen is a "natural born citizen", and therefore is eligible to be President. But a person who is only naturalized, like Scharzenegger and other immigrants, is not a "natural born citizen", and therefore ineligible to be President.

But instead, you want to take the undefined phrase "natural-born citizen", and interpret it to exclude people who were born as citizens. That is simply nonsensical. Whatever meaning you might have assigned that phrase in 1787, the plain text of the 14th Amendment changed that. To the extent you're arguing that someone born a citizen is not a "natural born citizen" (as opposed to a naturalized citizen), you're arguing from a liberal, activist position of trying to ignore the plain, common sense meaning of the language.

Now if you want to argue that Obama wasn't even born in this country, fine. But arguing that he isn't a natural born citizen even if he was born in this country runs directly afoul of the plain text of the 14th Amendment.

468 posted on 12/17/2010 11:19:58 AM PST by Bruce Campbells Chin
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To: edge919
How else may I school you??

D@mn straight, there is no room for common sense in Law, cheap tricks, and court room dramas laced with arcane precedent is the only way.

469 posted on 12/17/2010 1:19:29 PM PST by itsahoot (We the people, allowed Republican leadership to get us here, only God's Grace can get us out.)
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To: edge919
minor born in South Carolina (hey that rhymes)

What could be finer
Than to meet in Carolina
In the moooooorning

470 posted on 12/17/2010 2:46:30 PM PST by itsahoot (We the people, allowed Republican leadership to get us here, only God's Grace can get us out.)
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To: Bruce Campbells Chin

Bruce, the SCOTUS ruled in Minor v. Happersett that the defintion for NBC exists OUTSIDE of the Constitution. Justice Gray in U.S. vs Wong Kim Ark affirmed this point. Virginia Minor declared she was a citizen by virtue of the 14th amendment, but Justice Waite rejected this claim on the basis she was already a natural born citizen on not dependent on the amendment. He defined natural born citizen, in direct fulfillment of Art II Sec I, as born in the country to parents who were its citizens.

This leaves the question of who would be dependent on the 14th amendment since it does not apply to NBCs. It would certainly apply to persons born in the country as it is written, but it cannot apply to persons born to citizen parents because of how Waite ruled.

Justice Gray recognized this in the Wong Kim Ark decision. He cited Waite’s definition of NBC and affirmed that the decision declared citizenship on the basis of place and parentage. He could NOT declare Ark to be a natural born citizen because his parents were legally Chinese subjects excluded from U.S. citizenship by treaty. He used English common law to say that the circumstances of the 14th amendment were strong enough to override any treaty (even though this goes against the Constitution itself) and that if the parents had permanent residence or domicil, it was enough to declare the child subject to the jurisdiction of the United States. Thus, the 14th declares citizenship at birth for children of resident aliens, but it is NOT natural born citizenship. Read it. Learn it. Comprehend it.


471 posted on 12/17/2010 3:12:32 PM PST by edge919
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To: edge919

Declare all you want, but “unnecessary to investigate any other” is pretty clear.


472 posted on 12/17/2010 3:39:46 PM PST by sometime lurker
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To: Bruce Campbells Chin
So the definition of “natural born citizen” is not defined in the Constitution but you elect to choose to define all sorts of things.

The original law was not changed.

A new law was enacted and there is no claim that it superceded the previous understanding of what “natural born” meant when it comes to the eligibility of a citizen to serve as President.

So stipulated, there are citizens of the United States that are not “natural born.”

Do you not concur?

The Constitution did not address citizenship in the fashion that you suggest. It did define just what eligibility for the Presidency required.

Natural born status was not redefined by the 14th.

The 14th was not even about the issue that we have been discussing here.

473 posted on 12/17/2010 7:52:17 PM PST by Radix ("..Democrats are holding a meeting today to decide whether to overturn the results of the election.")
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To: antiRepublicrat
"Nope. The questions of the legal authority of an officer to give an order and the legality of an action the officer is ordering are completely different. He was ordered to deploy, a completely legal action."

I see your "Nope" and raise you a "double Nope."

The day Obuttma was immaculated, he became a criminal. That my friend, made all actions backed by POTUS authority, undertaken by the fed gov including military, criminal/illegal. Therefore, any officer carrying out or giving orders, based on the authority of POTUS, is involved in a crime.

This is a no brainer, unless you're an Obuttma bot.

474 posted on 12/18/2010 8:33:11 AM PST by FW190
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To: FW190
Therefore, any officer carrying out or giving orders, based on the authority of POTUS, is involved in a crime.

There's your problem. The authority of officers to give orders is from Congress, not POTUS.

475 posted on 12/18/2010 12:25:20 PM PST by antiRepublicrat
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To: sometime lurker
Declare all you want, but “unnecessary to investigate any other” is pretty clear.

Ignore all you want, but birthright by one's ancestors is not any less clear.

476 posted on 12/18/2010 3:00:18 PM PST by edge919
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To: mlo
Wrong. The law of the land is what birthers attack, because they don't like the result.

LOL! What part of our constitution don't you know? When the result is deception, you better believed the PATRIOTS will stand up!

Others of us don't like it either, but we don't try to undermine our own system because we don't want to accept who won the election.

Undermine our system? The enemy of USA already did that while you were sitting on your hands saying you will accept whatever comes your way. WEAK!!
477 posted on 12/18/2010 4:51:02 PM PST by presently no screen name
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To: presently no screen name
"Wrong. The law of the land is what birthers attack, because they don't like the result.

"LOL! What part of our constitution don't you know?"

I know it fairly well, thanks.

"When the result is deception, you better believed the PATRIOTS will stand up!"

The result is that Obama won. Even if he won deceptively, and most polticians do, he still won. The Constitution doesn't have any provisions about being disqualified for being dishonest.

"Others of us don't like it either, but we don't try to undermine our own system because we don't want to accept who won the election. "

"Undermine our system?"

That's right. You know, that Constitution you were talking about.

"The enemy of USA already did that while you were sitting on your hands saying you will accept whatever comes your way. WEAK!!"

Quote me.

But thanks for making my point. You defend the Constitution only up to the point where you don't like the result. Then you call respecting the Constitution "weak". Just like I was saying.

478 posted on 12/18/2010 10:50:49 PM PST by mlo
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To: mlo

Get a clue - you have no point! Other than showing your lack of patriotism.


479 posted on 12/18/2010 11:01:00 PM PST by presently no screen name
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To: presently no screen name

Funny. You think respecting the Constitution is weak, but say I lack patriotism. I think you are a little confused.


480 posted on 12/18/2010 11:21:23 PM PST by mlo
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