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Georgia Judge Michael Malihi is a cowardly traitor
http://english.pravda.ru ^ | February 6 2012 | Mark S. McGrew

Posted on 02/06/2012 4:32:19 PM PST by Para-Ord.45

Friday, February 3, 2012, for some kind of a bribe or because he was threatened, Georgia Judge Michael Malihi sold out his country and defecated on the constitution of The United States of America.

As an Administrative law judge in the State of Georgia, a case was presented to him to have Barack Obama removed from the ballot to run for President in the State of Georgia.

His actions have set precedence in American law that if a person is charged with a crime, the best defense, is to not show up for court. Law schools may now offer a course in "The Obama Defense".

Three separate legal teams presented evidence and witnesses to show that Obama is not eligible to run for President because he is not a natural born citizen. Obama produced no evidence, no witnesses and both he and his lawyer failed to show up for court in violation of a subpoena to do so.

Forget about what we think, whether he is, or is not a natural born citizen. Opinions don't count. Only evidence and witnesses count. But we're not dealing with rational minds in this case. We never have.

Judge Michael Malihi violated a basic rule of legal interpretation in his ruling. He violated our earliest Supreme Court ruling on how to interpret the Constitution. He ignored evidence. He ignored witnesses. He ignored earlier Supreme Court rulings establishing that the term "natural born citizen" means, one who is born in America to two American citizen parents.

As attorney Leo Donofrio points out on his website: http://naturalborncitizen.wordpress.com

"...this Court is 'not authorized either to read into or to read out that which would add to or change its meaning.' ...There is no dispute that Obama was born to a non-U.S. citizen father (his father was a British citizen) and U.S. citizen mother. Being born to an alien father, Obama also inherited his father's British citizenship under the British Nationality Act 1948.

All this demonstrates that Obama was not born in the full and complete legal, political, and military allegiance and jurisdiction of the United States. He is therefore not an Article II "natural born Citizen" and cannot be placed on the Georgia primary ballot."

It is impossible to believe, that Judge Michael Malihi, himself, believed, he was following the constitution and legal precedent. He knows he's a crook. He knows he's a liar. He knows, that in his ancestral home country, that unlike America, he would have his head chopped off for what he did.

He ignored the Constitution and at least three US Supreme Court rulings, defining Natural born citizen as one who is born in America to two citizen parents. He ignored the Law of Nations, that the founders of this country used to draft our constitution. He ignored the countless letters, written back and forth by our founders, defining natural born citizen and their reasons for why they would only accept a natural born citizen as their President.

(Excerpt)


TOPICS: News/Current Events
KEYWORDS: naturalborncitizen; sourcetitlenoturl
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To: patlin; sometime lurker; DiogenesLamp
My instant reaction was...(and I'm not even Mexican)

You handled it admirably.
581 posted on 02/10/2012 11:36:50 AM PST by philman_36 (Pride breakfasted with plenty, dined with poverty, and supped with infamy. Benjamin Franklin)
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To: sometime lurker; DiogenesLamp; philman_36
I need to correct part of the post as I left out a critical link

http://www.heritage.org/research/reports/2006/03/from-feudalism-to-consent-rethinking-birthright-citizenship

The quote under the Gustafson v. Alloyd Co is from the above link. It is the Gustafson v. Alloyd Co that is the defines textual interpretation and redundancy. Sorry for any confusion.

582 posted on 02/10/2012 11:43:08 AM PST by patlin ("Knowledge is a powerful source that is 2nd to none but God" ConstitutionallySpeaking 2011)
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To: philman_36
And then there were the P's who saw that the King's laws were not any better than the pope's, thus they left to start anew under the one true power on earth. They took their contraband bibles and fled to a land where HIS laws would once again prevail over man's laws of subjectship/legalized slavery
583 posted on 02/10/2012 11:49:01 AM PST by patlin ("Knowledge is a powerful source that is 2nd to none but God" ConstitutionallySpeaking 2011)
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To: patlin

@No problemo.

@
584 posted on 02/10/2012 11:56:49 AM PST by philman_36 (Pride breakfasted with plenty, dined with poverty, and supped with infamy. Benjamin Franklin)
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To: patlin

Ogres don't do happy endings so I'll accept yours.

585 posted on 02/10/2012 12:00:39 PM PST by philman_36 (Pride breakfasted with plenty, dined with poverty, and supped with infamy. Benjamin Franklin)
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To: DiogenesLamp
But it is based on a law that is DESIGNED to do just that! We are referring to the pedigree of jus soli, not on how the United States has managed to apply it sans abuse.

Wrong. We are referring to a law which is designed to grant rights based on birth in a country. The rights of “subject” or “citizen” were much greater than the rights of an alien. Again, your theory is bizarre.

Ha ha ha ha ha... We've already established that certain personages in history were confused as to the nature of what is citizenship in this nation,

Your contention, as you sometimes contend that those who you disagree with were “ignorant” or “silly bastards.” Rather, there was disagreement about this, among many, some championing the right of expatriation in any situation, others who agreed that with the Revolution, inhabitants were free to choose American or England, but that in other circumstances it took mutual consent for expatriation. Alexander Hamilton and the Federalists opposed expatriation from a nation, while Jefferson felt it was any man’s right. John Marshall was known to look favorably on “perpetual allegiance.” From Inglees v. Snug Harbor

He continued to reside in New Jersey after the passage of this law and until sometime in the year 1777, thereby making his election to become a member of the new government, and the doctrine of allegiance became applicable to his case, which rests on the ground of a mutual compact between the government and the citizen or subject, which it is said cannot be dissolved by either party without the concurrence of the other. It is the tie which binds the governed to their government, in return for the protection which the government affords them.
Marshall, it may be noted, did not absolutely pronounce, reflecting the disagreements of the age in the absence of definitive law. In Murray v Charming Betsey he said
Whether a person born within the United States, or becoming a citizen according to the established laws of the country, can divest himself absolutely of that character otherwise than in such manner as may be prescribed by law is a question which it is not necessary at present to decide.,
Joseph Story in Shanks v Dupont
The general doctrine is, that no persons can, by any act of their own, without the consent of the government, put off their allegiance and become aliens.
This was a topic of debate, only finally settled with the Expatriation law. The Founders and early American legal thinkers did not conflate the doctrine of perpetual allegiance with jus soli the way your bizarre theory does.
586 posted on 02/10/2012 12:19:13 PM PST by sometime lurker
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To: philman_36

I agree with this. Adherents of various religions often use the religion as an excuse, even if they may fervently believe they are helping the victims.


587 posted on 02/10/2012 12:33:11 PM PST by sometime lurker
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To: DiogenesLamp
If "citizen" means the same thing, why insert the words "natural born" as a modifying adjective?

To distinguish from "naturalized," of course.

588 posted on 02/10/2012 12:35:29 PM PST by sometime lurker
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To: DiogenesLamp
But it is based on a law that is DESIGNED to do just that! We are referring to the pedigree of jus soli, not on how the United States has managed to apply it sans abuse.

Wrong. We are referring to a law which is designed to grant rights based on birth in a country. The rights of “subject” or “citizen” were much greater than the rights of an alien. Again, your theory is bizarre.

Ha ha ha ha ha... We've already established that certain personages in history were confused as to the nature of what is citizenship in this nation,

Your contention, as you sometimes contend that those who you disagree with were “ignorant” or “silly bastards.” Rather, there was disagreement about this, among many, some championing the right of expatriation in any situation, others who agreed that with the Revolution, inhabitants were free to choose American or England, but that in other circumstances it took mutual consent for expatriation. Alexander Hamilton and the Federalists opposed expatriation from a nation, while Jefferson felt it was any man’s right. John Marshall was known to look favorably on “perpetual allegiance.” From Inglees v. Snug Harbor

He continued to reside in New Jersey after the passage of this law and until sometime in the year 1777, thereby making his election to become a member of the new government, and the doctrine of allegiance became applicable to his case, which rests on the ground of a mutual compact between the government and the citizen or subject, which it is said cannot be dissolved by either party without the concurrence of the other. It is the tie which binds the governed to their government, in return for the protection which the government affords them.
Marshall, it may be noted, did not absolutely pronounce, reflecting the disagreements of the age in the absence of definitive law. In Murray v Charming Betsey he said
Whether a person born within the United States, or becoming a citizen according to the established laws of the country, can divest himself absolutely of that character otherwise than in such manner as may be prescribed by law is a question which it is not necessary at present to decide.,
Joseph Story in Shanks v Dupont
The general doctrine is, that no persons can, by any act of their own, without the consent of the government, put off their allegiance and become aliens.
This was a topic of debate, only finally settled with the Expatriation law. The Founders and early American legal thinkers did not conflate the doctrine of perpetual allegiance with jus soli the way your bizarre theory does.

It was the RIGHTS under the common law which we wanted, not the common law itself, and we discovered that these RIGHTS could better be protected through the exclusion of the Monarchy. It isn't the common law we wished, it was the rights guaranteed by it that was our desire

Had England given the colonists all the common law rights, it’s possible (though not what I would have wanted) that the Revolution would not have occurred. You are absolutely correct that we wanted common law rights - which happened to be guaranteed by common law. Much of which was specifically incorporated into our Contsitution. Do you think the Founders incorporated so much common law because they hated common law?

" Which is why there are so many quotes posted from early historians and jurists pointing out that where common law was not changed by the Constitution or by statute, it is still used in courts. Do I need to post Justice Scalia's quotes on this again? Or do you consider him ignorant of the law as well?"

But this did not constitute an acceptance of common law ideas which were in conflict with the character of our new nation. Need I remind you of what James Madison said of the common law?

I notice the initial sentence left off. I’m adding it

What can he mean by saying that the Common law is not secured by the new Constitution, though it has been adopted by the State Constitutions. The common law is nothing more than the unwritten law, and is left by all the constitutions [of the several States] equally liable to legislative alterations. I am not sure that any notice is particularly taken of it in the Constitutions of the States. If there is, nothing more is provided than a general declaration that it shall continue along with other branches of law to be in force till legally changed. [quotation shortened]
Puts a slightly different complexion on it, doesn’t it? George Mason was worried there weren’t sufficient protection that those common law guarantees not changed by statute would continue. Madison obviously thinks they will despite not being specifically mentioned. You will also note that this letter is dated 1787, and that the Bill of Rights – guaranteeing many common law rights – was enacted in 1791.

Again, do you consider Justice Scalia ignorant? He has said he refers to the English common law of the time of the founders.

589 posted on 02/10/2012 12:58:43 PM PST by sometime lurker
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To: sometime lurker
Since it's the only place that seems to have the case...
@Inglis v. Trustees of Sailor's Snug Harbor - 28 U.S. 99 (1830)The case of McIlvaine v. Coxe's Lessee, 4 Cranch 211, which has been relied upon, will not reach this case. The Court in that case recognized fully the right of election, but considered that Mr. Coxe had lost that right by remaining in the State of New Jersey not only after she had declared herself a sovereign state, but after she had passed laws by which she pronounced him to be a member of, and in allegiance to the new government; that by the Act of 4 October, 1776, he became a member of the new society, entitled to the protection of its government. He continued to reside in New Jersey after the passage of this law and until sometime in the year 1777, thereby making his election to become a member of the new government, and the doctrine of allegiance became applicable to his case, which rests on the ground of a mutual compact between the government and the citizen or subject, which it is said cannot be dissolved by either party without the concurrence of the other. It is the tie which binds the governed to their government, in return for the protection which the government affords them.
590 posted on 02/10/2012 1:25:39 PM PST by philman_36 (Pride breakfasted with plenty, dined with poverty, and supped with infamy. Benjamin Franklin)
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To: sometime lurker
@Murray v. The Schooner Charming Betsy, 6 U.S. 64Jared Shattuck having been born within the United States, and not being proved to have expatriated himself according to any form prescribed by law, is said to remain a citizen, entitled to the benefit and subject to the disabilities imposed upon American citizens; and, therefore, to come expressly within the description of the act which comprehends American citizens residing elsewhere.

Whether a person born in the United States, or becoming a citizen according to the established laws of the country, can divest himself absolutely of that character otherwise than in such manner as may be prescribed by law, is a question which it is not necessary at present to decide. The cases cited at bar and the arguments drawn from the general conduct of the United States on this interesting subject, seem completely to establish the principle, that an American citizen may acquire in a foreign country the commercial privileges attached to his domicil, and be exempted from the operation of an act expressed in such general terms as that now under consideration. Indeed the very expressions of the act would seem to exclude a person under the circumstances of Jared Shattuck.


591 posted on 02/10/2012 1:30:08 PM PST by philman_36 (Pride breakfasted with plenty, dined with poverty, and supped with infamy. Benjamin Franklin)
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To: sometime lurker
@Shanks v. Dupont - 28 U.S. 242 (1830)The marriage of Ann Scott with Shanks, a British officer, did not change or destroy her allegiance to the State of South Carolina, because marriage with an alien, whether friend or enemy, produces no dissolution of the native allegiance of the wife.

The general doctrine is that no person can, by any act of their own, without the consent of the government, put off their allegiance and become aliens.

The subsequent removal of Ann Shanks to England, with her husband, operates as a virtual dissolution of her allegiance, and fixed her future allegiance to the British Crown by the treaty of peace in 1783.

The Treaty of 1783 acted upon the state of things as it existed at that period. It took the actual state of things as its basis. All those, whether natives or otherwise, who then adhered to the American states were virtually absolved from all allegiance to the British Crown; all those who then adhered to the British Crown were deemed and held subjects of that Crown. The treaty of peace was a treaty operating between states and the inhabitants thereof.


592 posted on 02/10/2012 1:36:48 PM PST by philman_36 (Pride breakfasted with plenty, dined with poverty, and supped with infamy. Benjamin Franklin)
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To: sometime lurker
I notice the initial sentence left off.
I noticed lots of stuff left out so I added them.
593 posted on 02/10/2012 1:38:59 PM PST by philman_36 (Pride breakfasted with plenty, dined with poverty, and supped with infamy. Benjamin Franklin)
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To: sometime lurker; DiogenesLamp
How about the whole thing since it's not that long of a letter to begin with?
@James Madison to George WashingtonI have been this day honoured with your favor of the 10th. instant, under the same cover with which is a copy of Col. Mason's objections to the Work of the Convention. . . . What he means by the dangerous tendency of the Judiciary I am at some loss to comprehend. It never was intended, nor can it be supposed that in ordinary cases the inferior tribunals will not have final jurisdiction in order to prevent the evils of which he complains. The great mass of suits in every State lie between Citizen & Citizen, and relate to matters not of federal cognizance. . . . What can he mean by saying that the Common law is not secured by the new constitution, though it has been adopted by the State Constitutions. The common law is nothing more than the unwritten law, and is left by all the constitutions equally liable to legislative alterations. I am not sure that any notice is particularly taken of it in the Constitutions of the States. If there is, nothing more is provided than a general declaration that it shall continue along with other branches of law to be in force till legally changed. The constitution of Virga. drawn up by Col Mason himself, is absolutely silent on the subject. An ordinance passed during the same Session, declared the Common law as heretofore & all Statutes of prior date to the 4 of James I. to be still the law of the land, merely to obviate pretexts that the separation from G. Britain threw us into a State of nature, and abolished all civil rights and Obligations. Since the Revolution every State has made great inroads & with great propriety in many instances on this monarchical code. The "revisal of the laws" by a Committe[e] of wch. Col. Mason was a member, though not an acting one, abounds with such innovations. The abolition of the right of primogeniture, which I am sure Col. Mason does not disapprove, falls under this head. What could the Convention have done? If they had in general terms declared the Common law to be in force, they would have broken in upon the legal Code of every State in the most material points: they wd. have done more, they would have brought over from G.B. a thousand heterogeneous & antirepublican doctrines, and even the ecclesiastical Hierarchy itself, for that is a part of the Common law. If they had undertaken a discrimination, they must have formed a digest of laws, instead of a Constitution. This objection surely was not brought forward in the Convention, or it wd. have been placed in such a light that a repetition of it out of doors would scarcely have been hazarded. Were it allowed the weight which Col. M. may suppose it deserves, it would remain to be decided whether it be candid to arraign the Convention for omissions which were never suggested to them--or prudent to vindicate the dissent by reasons which either were not previously thought of, or must have been wilfully concealed.
594 posted on 02/10/2012 1:44:57 PM PST by philman_36 (Pride breakfasted with plenty, dined with poverty, and supped with infamy. Benjamin Franklin)
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To: MHGinTN

I would like to recommend to you the article “From Feudalism to Consent : Rethinking Birthright Citizenship” linked above in an effort of reconciliation for my comments upon your reply the other day.


595 posted on 02/10/2012 2:03:41 PM PST by philman_36 (Pride breakfasted with plenty, dined with poverty, and supped with infamy. Benjamin Franklin)
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To: philman_36; sometime lurker
@Shanks v. Dupont - 28 U.S. 242 (1830)

my fav part of this case is:

If Ann Scott was of age before December, 1782, as she remained in South Carolina until that time, her birth and residence must be deemed to constitute her, by election, a citizen of South Carolina while she remained in that state. If she was not of age then, under the circumstances of this case, she might well be deemed to hold the citizenship of her father, for children born in a country, continuing while under age in the family of the father, partake of his natural character as a citizen of that country

WHAT? Children follow the nationality of the FATHER? And I thought the unlearned said Story was for feudal law of subjectship known as jus soli? Again, the unlearned steps in it NECK deep! You'd think they would learn, but alas their brains were not programed for truth.

596 posted on 02/10/2012 8:32:07 PM PST by patlin ("Knowledge is a powerful source that is 2nd to none but God" ConstitutionallySpeaking 2011)
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To: patlin
You'd think they would learn, but alas their brains were not programed for truth.
All too well have I experienced this.
597 posted on 02/10/2012 9:28:40 PM PST by philman_36 (Pride breakfasted with plenty, dined with poverty, and supped with infamy. Benjamin Franklin)
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To: philman_36
If you are involved in this part of the discussion, you can tell your colleague that I have already said I will not post to him in the future, due to the name calling and distortion.

This will be my last example of his errors - I did not say children never followed the citizenship of the father, but rather answered his statement in #444 that "The fact is, the founders simply never ventured into the area of birth as it was common law of all nations(international law) set forth by God, that children follow the nationality of the father." My only comment there was not agreeing this poster was the one to decide what God has set forth.

He also seems to misread what he has posted, since his quote notes that the woman in question was "born in a country and under age in the family of the father." So she was born in that country, still under age, and living with the family of the father - no surprise she is a citizen of that country [United States], and would remain so after leaving the family.

598 posted on 02/11/2012 6:01:25 PM PST by sometime lurker
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To: sometime lurker
no surprise she is a citizen of that country [United States], and would remain so after leaving the family

You don't read very well. Story clearly said that once she married a Brit & went overseas, she became a Brit & remained so. Thus you are utterly wrong. Women didn't gain separate nationality from the husband for nationality purposes until the 1950’s. Might I suggest you check with library of congress on nationality. They are also quite clear on this subject. Thus you can cut & paste all you want from well know obot sites however, their chop & twist lies will be exposed everytime. Get the picture?

Library of Congress on Immigration & Naturalization(1840-1950) ~ Married women and children under the age of twenty-one derived citizenship from their husband or father respectively. Children of unsuccessful applicants could apply for citizenship in their own right, at the age of twenty-one.

599 posted on 02/11/2012 9:47:05 PM PST by patlin ("Knowledge is a powerful source that is 2nd to none but God" ConstitutionallySpeaking 2011)
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To: patlin
Your post reminds of an excellent quote in Shanks v. Dupont that undermines much of what the Obots try to proclaim.
The incapacities of femes covert provided by the common law apply to their civil rights and are for their protection and interest. But they do not reach their political rights nor prevent their acquiring or losing a national character. Those political rights do not stand upon the mere doctrines of municipal law applicable to ordinary transactions, but stand upon the more general principles of the law of nations.

This says the common law does not affect citizenship of women who are married to foreigners. It falls under the law of nations. So far as natural-born citizenship would have been understood, that meant that any woman who married a foreigner did not have her citizenship (or the citizenship of her child) established or protected by the common law. The law of nations would be the guide, meaning the citizenship of the child naturally follows that of the father, as Vattel said. The Minor court was being generous when it said "parents who were citizens" because the rule would still be guided by the citizenship of the father. The mother automatically follows the citizenship of her husband. This would also seem to be a guide on expatriation.

600 posted on 02/11/2012 10:52:56 PM PST by edge919
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