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To: justiceseeker93

Allen v Obama: “Arizona courts are bound by United States Supreme Court precedent in construing the United States Constitution, and this precedent fully supports that President Obama is a natural born citizen under the Constitution and thus qualified to hold the office of President. Contrary to Plaintiff’s assertion, Minor v Happersett does not hold otherwise.”


Farrar, Swensson, Powell and Welden requested a “trial on the merits” and Georgia Administrative Law Judge Michael Mahili agreed. Judge Mahili said in his ruling after the trial on the merits: “For the purposes of this analysis, the Court considered that Barack Obama was born in the United States. Therefore, as discussed in Ankeny, he became a citizen at birth and is a natural born citizen. Accordingly, President Barack Obama is eligible as a candidate for the presidential primary under O.C.G.A. under Section 21-2-5(b).”

US District Court Judge Clay Land said in his ruling in Rhodes v Mac Donald: “A spurious claim questioning the president’s constitutional legitimacy may be protected by the First Amendment, but a Court’s placement of its imprimatur upon a claim that is so lacking in factual support that it is frivolous would undoubtedly disserve the public interest.”

There have been 23 Obama eligibility appeals or applications for stays or injunctions heard in Justice’s Conferences at the US Supreme Court. All Petitions and Applications have been denied.
When the Supreme Court refuses to grant certiorari or to grant an injunction or a stay, the ruling of the lower court stands.


42 posted on 01/16/2013 1:21:29 AM PST by Nero Germanicus
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To: Nero Germanicus; Ha Ha Thats Very Logical; justiceseeker93

Hollander v. McCain (New Hampshire – July, 2008) ruling: “Those born “in the United States, and subject to the jurisdiction thereof,” U.S. Const., amend. XIV, have been considered American citizens under American law in effect since the time of the founding, United States v. Wong Kim Ark, 169 U.S. 649, 674-75 (1898), and thus eligible for the presidency,”

http://moritzlaw.osu.edu/electionlaw/litigation/documents/Hollander-Order-7-24-08.pdf

Ankeny v. Governor of Indiana (Indiana Appellate Court – November, 2009) ruling: “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 parents.”

http://judicial.clerk.leon.fl.us/image_orders.asp?caseid=58101756&jiscaseid=&defseq=&chargeseq=&dktid=20039029&dktsource=CRTV

Tisdale v. Obama (Virginia federal court - January, 2012) ruling: “It is well settled that those born in the United States are considered natural born citizens.”

http://www.scribd.com/doc/80563782/Tisdale-v-Obama-et-al

Tisdale v. Obama (United States Court of Appeals, Fourth Circuit – June, 2012) ruling: “We have reviewed the record and find no reversible error. Accordingly, we affirm for the reasons stated by the district court. Tisdale v. Obama, No. 3:12-cv-00036-JAG (E.D. Va. Jan. 23, 2012).”

http://scholar.google.com/scholar_case?case=10297957363131120065&hl=en&as_sdt=2&as_vis=1&oi=scholarr

Farrar (et al.) v. Obama (Georgia - February, 2012) ruling: “In 2009, the Indiana Court of Appeals (“Indiana Court”) addressed facts and issues similar to those before this court. [Ankeny] v. Governor, 916 N.E.2d (Ind. Ct. App. 2009). … The Indiana Court rejected the argument that Mr. Obama was ineligible, stating that children born within the United States are natural born citizens, regardless of the citizenship of their parents. … This Court finds the decision and analysis of [Ankeny] persuasive.”

https://docs.google.com/file/d/0B_KEK8-LWmzhNWQ4MmI2ZGUtZDMwYi00ZGU4LTkxZTUtZjNkNjNhOGY2YWQ4/edit?hl=en_US&pli=1

Allen v. Obama (Arizona - March, 2012) ruling: “Most importantly, Arizona courts are bound by United States Supreme Court precedent in construing the United States Constitution, Arizona v. Jay J. Garfield Bldg. Co. , 39 Ariz. 45, 54, 3 P.2d 983, 986(1931), and this precedent fully supports that President Obama is a natural born citizen under the Constitution and thus qualified to hold the office of President. … Contrary to Plaintiff’s assertion, Minor v. Happersett, 88 U.S. 162 (1874), does not hold otherwise”

http://www.scribd.com/doc/84531299/AZ-2012-03-07-Allen-v-Obama-C20121317-ORDER-Dismissing-Complaint

Purpura v. Obama (New Jersey - April, 2012) ruling: “No court, federal, state or administrative, has accepted the challengers’ position that Mr. Obama is not a “natural born Citizen” due to the acknowledged fact that his father was born in Kenya and was a British citizen by virtue of the then applicable British Nationality Act. Nor has the fact that Obama had, or may have had, dual citizenship at the time of his birth and thereafter been held to deny him the status of natural born. It is unnecessary to reinvent the wheel here. … The petitioners’ legal position on this issue, however well intentioned, has no merit in law. Thus, accepting for the point of this issue that Mr. Obama was born in Hawaii, he is a ‘natural born Citizen’ regardless of the status of his father.”

http://www.scribd.com/doc/88936737/2012-04-10-NJ-Purpura-Moran-v-Obama-Initial-Decision-of-ALJ-Masin-Apuzzo

Purpura v. Obama (Superior Court of New Jersey, Appellate Division. - May, 2012) ruling: “We have carefully considered appellants’ arguments and conclude that these arguments are without merit. R. 2:11-3(e)(1)(E). We affirm substantially for the reasons set forth in ALJ Jeff S. Masin’s thorough and thoughtful written opinion of April 10, 2012, as adopted by the Secretary on April 12, 2012.”

http://www.leagle.com/xmlResult.aspx?xmldoc=In%20NJCO%2020120531303.xml&docbase=CSLWAR3-2007-CURR

Voeltz v. Obama (Florida - June, 2012) ruling: “However, the United States Supreme Court has concluded that ‘[e]very person born in the United States, and subject to the jurisdiction thereof, becomes at once a citizen of the United States. ‘Other courts that have considered the issue in the context of challenges to the qualifications of candidates for the office of President of the United States have come to the same conclusion.” [The judge cites Hollander and Ankeny]

http://judicial.clerk.leon.fl.us/image_orders.asp?caseid=58101756&jiscaseid=&defseq=&chargeseq=&dktid=20039029&dktsource=CRTV

Fair v. Obama (Maryland - August, 2012) ruling: “The issue of the definition of “natural born citizen” is thus firmly resolved by the United States Supreme Court in a prior opinion [US v Wong], and as this court sees it, that holding is binding on the ultimate issue in this case.” [The Court also cites Ankeny at length, and determined that Obama is eligible.]

https://docs.google.com/document/d/1wKKiOvnt0lMp6-qpjJyQxVuqE7PZwcPAihzA2dKtP-M/edit?pli=1

Voeltz v. Obama II (Florida - September, 2012) ruling: “In addition, to the extent that the complaint alleges that President Obama is not a “natural born citizen” even though born int he United States, the Court is in agreement with other courts that have considered this issue, namely, that persons born within the borders of the United States are “natural born citizens” for Article II, Section 1 purpose, regardless of the citizenship of their parents. [Citations to Wong, Hollander, Ankeny].

http://judicial.clerk.leon.fl.us/image_orders.asp?caseid=77182640&jiscaseid=&defseq=&chargeseq=&dktid=57485906&dktsource=CRTV

Paige v. Obama et al. (Vermont -November, 2012) ruling: While the court has no doubt at this point that Emmerich de Vattel’s treatise The Law of Nations was a work of significant value to the founding fathers, the court does not conclude that his phrase–”The natives, or natural born citizens, are those born in the country, of parents who are citizens.”–has constitutional significance or that his use of “parents” in the plural has particular significance. This far, no judicial decision has adopted such logic in connection with this or any related issues. In fact, the most comprehensive decision on the topic, Ankeny v. Governor of Indiana, examines the historical basis of the use of the phrase, including the English common law in effect at the time of independence, and concludes that the expression “natural born Citizen” is not dependent on the nationality of the parents but reflects the status of a person born into citizenship instead of having citizenship subsequently bestowed. The distinction is eminently logical.”

https://docs.google.com/file/d/0By9w3awDuyAUd2FGeDk3MVVsWW8/edit


84 posted on 01/16/2013 8:14:23 PM PST by 4Zoltan
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