Posted on 11/20/2008 8:28:49 AM PST by Candor7
I think Donofrio's case was turned down by Justice Souter before being picked up by Justice Thomas for conference. I thought that Berg's case was still before the court. My recollection is that Obama has until some time in early December to respond to Berg's suit. Whether or not the case progresses will depend on that. I could be worng - there are so many of these suits out there it's hard to keep track.
I bet the SCOTUS hearing on Dec. 5th will be hot and heavy.
I am laughing at the MSM now!
Uproariously.
We have SOCOPED them again!
Artiucle II of the Constitution.
Natural born within the USA.
Required.
Completely different legal question.
Its why Arnold Schwartznegar cannot run.
Found this on Texasdarlin’ Blog:
“Don’t be distracted by the birth certificate and Indonesia issues. They are irrelevant to Senator Obama’s ineligibility to be President. Since Barack Obama’s father was a Citizen of Kenya and therefore subject to the jurisdiction of the United Kingdom at the time of Senator Obama’s birth, then Senator Obama was a British Citizen “at birth”, just like the Framers of the Constitution, and therefore, even if he were to produce an original birth certificate proving he were born on US soil, he still wouldn’t be eligible to be President.
The Framers of the Constitution, at the time of their birth, were also British Citizens and that’s why the Framers declared that, while they were Citizens of the United States, they themselves were not “natural born Citizens”. Hence their inclusion of the grandfather clause in Article 2, Section 1, Clause 5 of the Constitution:
No person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution shall be eligible to the Office of President;
That’s it right there. (Emphasis added.)
The Framers wanted to make themselves eligible to be President, but they didn’t want future generations to be Governed by a Commander In Chief who had split loyalty to another Country. The Framers were comfortable making an exception for themselves. They did, after all, create the Constitution. But they were not comfortable with the possibility of future generations of Presidents being born under the jurisdiction of Foreign Powers, especially Great Britain and its monarchy, who the Framers and Colonists fought so hard in the American Revolution to be free of.
The Framers declared themselves not eligible to be President as “natural born Citizens”, so they wrote the grandfather clause in for the limited exception of allowing themselves to be eligible to the Presidency in the early formative years of our infant nation.
But nobody alive today can claim eligibility to be President under the grandfather clause since nobody alive today was a citizen of the US at the time the Constitution was adopted.
The Framers distinguished between “natural born Citizens” and all other “Citizens”. And that’s why it’s important to note the 14th Amendment only confers the title of “Citizen”, not “natural born Citizen”. The Framers were Citizens, but they weren’t natural born Citizens. They put the stigma of not being natural born Citizens on themselves in the Constitution and they are the ones who wrote the Document.
BARACK OBAMA HAS ADMITTED ON FIGHT THE SMEARS THAT HE POSSESSED BRITITSH CITIZENSHIP AT BIRTH. HE’S TOAST.
So basically the argument is that British and Kenyan law overrides US law in the determination of who is and isn’t a natural born citizen of the United States. Is that right?
FR has the MSM massively scooped on this News!!
De Nile River is a long twisty float to oblivion!
Who has the photo of "This is a serious thread"?
This whole issue is not about citizenship, but about WHERE he was born, according to article II of the Constitution.
"natural born in the Unted States" is a requirement of any president.
JAMBO!!!
ROTFLMAO!!
Gem, you are a Gem!
We know that already. The reason for the antic positions is to hide the exchange of the roll of $100s. Additionally you have to insert the hidden drip line from your client's bank account and HELOC in the event further transfusions are needed. :)
They won't wait until the decision comes down.
They will attempt to cow SCOTUS.
I hope it doesn't go that way, but it just might.
The MSM is afraid of breaking the story.
I got that edgy feeling.
No, it's not. It's evidence that British law (and subsequent Kenyan law) said that the child of a British (or Kenyan) citizen was a British (or Kenyan) citizen, regardless of where they were born. Donofrio says as much in his blog:
"Since Barack Obama's father was a Citizen of Kenya and therefore subject to the jurisdiction of the United Kingdom at the time of Senator Obama's birth, then Senator Obama was a British Citizen "at birth", just like the Framers of the Constitution, and therefore, even if he were to produce an original birth certificate proving he were born on US soil, he still wouldn't be eligible to be President.Donofrio also says:
The other numerous law suits circling Obama to question his eligibility fail to hit the mark on this issue. Since Obama was, "at birth", a British citizen, it is completely irrelevant, as to the issue of Constitutional "natural born citizen" status, whether Obama was born in Hawaii or abroad. Either way, he is not eligible to be President. Should Obama produce an original birth certificate showing he was born in Hawaii, it will not change the fact that Obama was a British citizen "at birth".
In other words, Donofrio's claim is that British law trumps US law in the determination citizenship of persons born in the United States.
Ok
Thanks, LucyT
You are doing a great job.
Major Ping.
Courts aften rely on the foreign law to determine lawful status within the legal context of the foreign venue. We do it all the time in inter state extradition proceedings.
Whether Obama is a British Subject or not is only a supporting argument to determining whether he does satisfy Article IIs requirement of a President of the United States.
Plenty of Americans born to British immigrants in the USA have been British Subjects.
I do not believe we can say that Donofrio wants SCOTUS to abdicate its fact finding under Article II of the US constitution to a British or Kenyan Court of Law, or foreign law.
All that SCOTUS will need to know is where in fact Obama was born, the situs of his birth, and whether he was "natural born."
The fact that Obama has admitted former Kenyan citizenship tends to support that Obama was in fact born in Kenya, in the absence of any other information.
The decision of SCOTUS will flow from there.
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