The abandonment by Obama Sr STRENGTHENS the case for Obama being a NBC. Lynch was taken back to England at around 3-4 months old and never returned. She was raised in England as a NBS of the King. No one questioned her citizenship in England - but she was also a NBC of the USA.
Any court that ever takes the case will laugh at birthers, just as the court in Indiana did. It has been settled law for over 150 years.
So let’s have that trial and if they rule in favor of BO, so be it. But whether is strengthens or lessens would be up to the court to decide since this is a different case with different circumstance.
And lets not forget that courts do not always go with prior judgements.
As for the phrase “Settled law” ...kind of like Global warming?
You may not like the fact that the first circuit court of New York found Lynch to be a "citizen", but that's precisely how they ruled.
Regarding that state of Indiana case:
http://www.in.gov/judiciary/opinions/pdf/11120903.ebb.pdf
Based upon the language of Article II, Section 1, Clause 4 and the guidance provided by Wong Kim Ark we conclude that persons born within the borders of the United States are natural born Citizens for Article II, Section 1 purposes, regardless of the citizenship of their parentsLet's have a look at this amazing case from a state court in Indiana...
1. What does the "language of Article II, Section 1, Clause 4" say?
Here's what it says:
The Congress may determine the time of choosing the electors, and the day on which they shall give their votes; which day shall be the same throughout the United States.What does that have to do with the NBC requirement for POTUS which is found in Clause 5?
2. Regarding this: "the guidance provided by Wong Kim Ark", the state court of Indiana had stated this in the previous paragraph:
The Court held that Mr. Wong Kim Ark was a citizen [Edit: "citizen", but NOT a "natural born Citizen"] of the United States at the time of his birth. 14What does footnote 14 say?
We note the fact that the Court in Wong Kim Ark did not actually pronounce the plaintiff a natural born Citizen using the Constitution's Article II language is immaterial.It's "immaterial" according to this ridiculous state court ruling.
So, this decision by the state court in Indiana stated the wrong Constitutional clause from where the actual requirement comes from AND they say they base their decision on WKA which found that a child born in country to non citizen parents (who were, [Key phrase], perminatly domociled here) was a "citizen" (they did NOT find him NBC)...and they admit it...yet they somehow find Barry NBC anyway?.
That, so called, "decision" is an embarrassment to the state of Indiana...and I say that with all due respect to any clear thinking Hoosier's out there.
Instead of looking to state court cases, which found Lynch and WKA to be "citizens", I prefer to look to the Federal level when dealing with the Federal Constitution.
Chief Justice Marshall, Chief Justice Waite, Justice Story and the House of Representatives that debated the issue of citizenship leading to the 14th Amendment (in particular framer Bingham) were all in agreement on who a "natural born Citizen" is.
Chief Justice Marshall:
"Vattel, who, though not very full to this point, is more explicit and more satisfactory on it than any other whose work has fallen into my hands, says "The citizens are the members of the civil society; bound to this society by certain duties, and subject to its authority, they equally participate in its advantages. The natives or indigenes are those born in the country of parents who are citizens."in THE VENUS, 12 U.S. (8 Cranch) 253, 289 (1814).
Chief Justice Waite:
"At common-law, with the nomenclature of which the framers of the Constitution were familiar [edit: this nomenclature they were familiar with is directly mirrored to the definition found in Law of Nations...which the framers read and referenced during the Constitutional Convention], it was never doubted that all children born in a country of parents who were its citizens became themselves, upon their birth, citizens also. These were natives, or natural-born citizens,"in Minor v. Happersett (1875)
|