Actually, I did mention Thomas in at least one post. He and Scalia are the two sitting justices I respect most and Bork is one who should have been who I respect. When I am torn on a Constitutional issue I am likely to be persuaded by their opinions.
Thus, the tone of your post has proven me correct in my “sweeping generalization” that the birther crowd hurts its own cause because the majority of them seem strident and act like horses asses. I have admitted that I am torn on the issue and can see reasoning on both sides of the NBC issue. I am leaving out the citizenship issue because I have no way of authenticating the Hawaii COLB so I put that issue aside, with doubts.
Thus, I ask for living scholars of good reputation who agree with the birther view of NBC. All I get are insults and and folks claiming I am some kind of anti Constitutionalist or an Obama troll.
Birther behavior - in general - and in general means most but not all - is much like the angry old preacher who had in his sermon notes: “This point is weak, so bang the lecturn hard and yell.”
And no, Trumps numbers did not explode purely for the birther issue. That was part of it, but most of it was that he was attacking Obama on a lot of issues. His relevance shrank to nothing when he focused purely on the birther issue almost overnight.
You and he mis read that badly.
I was referring to Thomas’s eyebrow-raising comment about “avoiding the issue.” What is plain is that the courts either 1) fear the social ramifications of hearing this case on it’s merits, or 2) fear they’d be overstepping their bounds by wading into it. Or possibly a third, that being fear of retribution.
And so I will grant you your point, that no living jurist has yet to agree with the “birthers.”. I would then turn it around and ask you a question, Mr Horse Ass Labeler: what living constructionist jurist has stated that the definition of NBC includes children of non-citizen parents? Has Bork spoken on this? Alito? Of course not. I submit that my fear hypothesis is the reason why.
Instead they avoid the issue, while America burns. How incredible that the very reason for the NBC clause in our Constitution, that being to avoid an intentional sabotage from a man with split or no allegiance to America, is precisely what is driving us over the cliff! What foresight they had! How terribly we’ve failed them.
And people like you who make clever comments while applauding yourself for your intelligence. I’m sure John Jay would’ve been persuaded by you to change his famous NBC letter to Washington.
But I digress. Let’s hear your list of current constructionist who have clearly defined NBC to include children of non-citizen parents.