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Thomas Breaks Tradition: Forces Supreme Court to Look at Obama Citizenship Case
THE AFRO-AMERICAN NEWSPAPERS ^ | 12/3/08 | James Wright, AFRO Staff Reporter

Posted on 12/03/2008 11:43:31 PM PST by BP2

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To: PhilDragoo

bump! bump! bump!


541 posted on 12/04/2008 10:05:17 PM PST by MeekOneGOP (Obama, WHO is Bill Ayers and WHY are you still friends with him? Please RSVP asap!)
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To: Grampa Dave; Buckarow

Aye !!!

Welcome to FreeRepublic.com, Buckarow!


542 posted on 12/04/2008 10:10:36 PM PST by MeekOneGOP (Obama, WHO is Bill Ayers and WHY are you still friends with him? Please RSVP asap!)
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To: Marmolade
Why do you keep using the term “second class citizen”? They would have all the privilege and freedom as any other citizen. Just cannot hold the office of president or vice president, which asks for single allegiance. Don't try to make this a “class” thing.

That's exactly what it is. When one class of Americans has more freedoms and privileges than another class of Americans, we have "first" and "second" class citizens.

Don't try and sugar-coat it. At least have the intellectual honesty to call it as it is.

543 posted on 12/04/2008 10:38:29 PM PST by Drew68
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To: CaptRon

But he is not eligible to serve as President.

Section 3 of the 20th Amendment provides a remedy for a President Elect failing to qualify. The Vice President Elect takes the Presidency until a ‘qualified’ candidate can be determined.

Isn’t it interesting there is a provision for such nonsense? There are only THREE qualifications to become President. These things should be determined beforehand but apparently there is a law in place (since the 1930s) to provide a solution to this very issue. The issue of a President Elect being deemed unqualified.

Barack Obama is a citizen of the United States under the 14th Amendment. His own campaign has said this. That’s because he was born to one US citizen and one UK citizen.

The Governator is a citizen of the United States under the 14th Amendment as well. That is because he was naturalized in the United States.

The 14th Amendment provides citizenship to those BORN or NATURALIZED in the United States. Born in the United States OR naturalized in the United States.

Naturalized citizens cannot be President and neither can someone that is just BORN on US soil. They receive the same ‘label’ under the 14th Amendment. They are ‘citizens of the United States’. By virtue of naturalization or mere birth on soil

Anyone BORN on US soil to foreign parents is a citizen of the United States under the 14th Amendment. (think anchor baby)

Anyone BORN on US soil to one US citizen and one foreign parent is a citizen of the United States under the 14th Amendment. (think Barack Obama)

Anyone NATURALIZED in the United States is a citizen of the United States under the 14th Amendment. (think Arnold)

None of them can be President. They are all ‘citizens of the United States’. None are natural born citizens.

If Obama’s father had been a US citizen this wouldn’t be an issue. Nothing changes the fact that, at birth, he was a citizen of the United States under the 14th Amendment.

That is, of course, providing he was born in the US.


544 posted on 12/04/2008 10:47:59 PM PST by wndawmn666
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To: Marmolade

“That is why it is of utmost importance that the president has only a singe allegiance/citizenship. What would happen if a decision had to be made between the “other country” and the U.S.? Knowing there was allegiance to both countries would affect the decision being made. One might be hesitant to make a decision which could impact the other country negatively if there are still connections there and do harm to our country.”

That’s why we have elections, to parse a candidate’s subtler characteristics. The natural born qualification gets rid of people with more obvious tendencies toward split loyalties. If someone born on U.S. soil can convince enough Americans that his loyalties lie with us, and if the voters remain unmoved by the possibility that Obama is a “secret muslim” and a closet Arab, then he can serve.


545 posted on 12/04/2008 11:04:48 PM PST by Tublecane
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To: Tublecane
The fact that we call new citizens “naturalized” implies to me that all the citizens who don’t have to be naturalized are natural born citizens.

Yes, IF both parents are U.S. citizens, which is NOT the case here!!!

546 posted on 12/04/2008 11:10:00 PM PST by danamco
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To: wndawmn666

“None of them can be President. They are all ‘citizens of the United States’. None are natural born citizens.”

But people born on U.S. soil to one foreign parent ARE natural born citizens. I think you’re too clever by half with this 14th amendment issue. Obviously, the citizenship qualifications of the 14th amendment are not equivalent for the qualifications to be president, since they include naturalized citizens, who definitely are not elligible to be president.

However, if the 14th amendment says people born on U.S. soil to one foreign parent are citizens, then people born on U.S. soil to one foreign parent ARE natural born citizens. How do I know? There are only two types of citizens: natural born and naturalized. If you are born a citizen, you are a natural born citizen.


547 posted on 12/04/2008 11:12:39 PM PST by Tublecane
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To: Drew68

“Don’t try and sugar-coat it. At least have the intellectual honesty to call it as it is.”

I’ll call it like it is. Just like I call married people a seperate class and children a seperate class. These things are inevitable. Not always desirable from my point of view, but inevitable. I’m willing to live with class distinctions so long as they are reasonable.

For instance, we grant special status to married people for the sake of child-rearing. We treat children differently in the criminal justice system because their minds are not equivalent to the minds of adults. And we exclude foreign=born people from being president because we are wary of split loyalties. It seems to me a very small thing to give up, the shot to be president. We only elect one every four years.


548 posted on 12/04/2008 11:17:03 PM PST by Tublecane
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To: BP2

“Notice how John Jay has highlighted the word ‘born’”

Why do you hold that to be especially notworthy, persay?


549 posted on 12/04/2008 11:18:45 PM PST by Tublecane
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To: danamco

“Yes, IF both parents are U.S. citizens, which is NOT the case here!!!”

That’s not the case according to the 14th amendment.


550 posted on 12/04/2008 11:20:18 PM PST by Tublecane
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To: Windflier
Why so angry at me for making that statement, even if I may have erred in doing so, if it's just a simple matter of legal definition?

Why so defensive, Windflier? I wasn't the least bit "angry." I simply tend to state my objections in a very clear and precise language, as opposed to relying on vague phrasing ("maybe you ought to reconsider..." or "it seems to me that I remember once reading somewhere...")

Anyone casting doubts upon the eligibility of a President-Elect to assume office must proffer air-tight Aristotelian arguments.

Like many here at this forum, I'm seriously wondering how I'm going to avoid ever seeing that smug face hovering over the Presidential Seal on the t.v. screen during the coming four years, but any arguments launched to prevent that must have an unassailable legal foundation.

Regards,

551 posted on 12/04/2008 11:32:18 PM PST by alexander_busek
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To: BP2

“BUT, given that there is no current day statute that defines NBC in this Constitutional context, the Justices will look backwards to aid in interpretation. What did the Framers mean with ‘Natural Born Citizen’?

The Justices will consider things like the Federalist Papers, Blackstone’s Commentaries, and other documents of the time. They’ll probably look at the differences between ‘citizen’ and ‘subject,’ and how that relates to Art 2, Sect 1, Clause 5.”

You’re missing something important here. There is also the 14th amendment to deal with. Although it does not amend the qualifications for the presidency, it does set qualifications for who is born a citizen, which is equivalent to defining what a natural born citizen is. SCOTUS would have to take into account how the 14th amendment was understood at the time of its passing.


552 posted on 12/04/2008 11:37:55 PM PST by Tublecane
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To: Windflier

“I have come to the conclusion, that this is what they will have to do, in order to make a valid determination of what the Framers meant by Natural Born Citizen in the Constitution.”

Don’t forget the 14th amendment. It set qualifications for who could be considered a citizen at the time of his birth.


553 posted on 12/04/2008 11:39:12 PM PST by Tublecane
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To: CaptRon
>>> his case will not win because the Supreme Court will recognize that the separation of powers concept prohibits them from stepping in.

Hmmm.... well ...

In 1968, the Peace and Freedom Party submitted the name of Eldridge Cleaver as a qualified candidate for POTUS. Then Secretary of State, Frank Jordan, found that according to Cleaver's birth certificate, he was only 34 years old, one year shy of the age needed to be on the ballot. Mr. Jordan removed Mr. Cleaver from the ballot. Cleaver unsuccessfully challenged this decision to the Supreme Court of the State of California and to the Supreme Court.

Now that was with a SOS who DID want to get involved. The SCOTUS punted it, because there was nothing to rule on. However, precedence was set that the SCOTUS would accept such a case regarding Constitutional requirements of the POTUS.

Fast forward 40 years, and we find the current California SOS who let Roger Callero, who was born in Nicaragua, appear on the Presidential ballot (like on 14 other states).

You have Keyes, who ran for President, also in CA. He has strong "legal standing" and his case will be submitted to the SCOTUS next week (that'll make 4 cases total), with a case similar, but with slightly different accusations than Donofrio's. Reminder: this is for a Presidential election, and those job requirements are outlined in the US Constitution, not in California election code.

I think the SCOTUS will punt some of the counts if they can, but the Constitutional issues only they can rule one, they'll render decision on.


554 posted on 12/04/2008 11:58:54 PM PST by BP2 (I think, therefore I'm a conservative)
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To: Tublecane
That’s not the case according to the 14th amendment.

Fourteenth Amendment

The adoption of the Fourteenth Amendment obviously affects how we view natural-born citizens because for the first time there is a national rule of who may by birth be a citizen of the United States. Who may be born citizens of the States is conditional upon being born “subject to the jurisdiction” of the United States. The legislative definition of “subject to the jurisdiction thereof” was defined as “Not owing allegiance to anybody else.”

555 posted on 12/05/2008 12:52:19 AM PST by danamco
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To: mrs9x; Windflier
I’m not a troll, but I am a lawyer. In the U.S. v. Ark case, the Supreme Court stated that at common law, a natural born subject was anyone born in the dominions of the King, even if both parents were non-British subjects. The exceptions to the rule are the ones laid out in the Ark case, such as ambassadors, people merely visitors, etc.

It seems to me that the Framers would have been very familiar with the term natural born subject under the common law. Because the U.S. is not a monarchy, there are no U.S. “subjects”, but rather citizens. Thus, natural born citizen probably means the same thing as under the common law - a child born within the territory of the United States, regardless of the nationality of the parents, with limited exceptions.

In the Wang Kim Ark vs. U.S., the Supreme Court termed Wang's citizenship as 'native born citizen' and not natural born citizen. You are the confusing specifics of the case with holding or dictum.

556 posted on 12/05/2008 1:49:14 AM PST by Red Steel
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To: kenboy

I have the original document given to my parents at the time of my birth. It is not a copy.

It was thought lost in a move, and all I had to do to get a legal copy was to contact the NYC Board of Health. It arrived in two weeks, official, with the legal seal on it.

I don’t think Obama has ever produced an official birth certificate, original or copy. My guess as to why not is that the father’s name is left out, or that it is marked “illig” as was the custom in hospitals at that time with a child born to an unmarried woman.


557 posted on 12/05/2008 2:15:17 AM PST by Cincinna (TIME TO REBUILD * JINDAL* PALIN * CANTOR 2012)
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To: classified
The 7th Amendment explicitly mentions “DOLLARS”.

Just call them "New Dollars" and put this guys mug on them for credibility


558 posted on 12/05/2008 2:47:23 AM PST by dennisw (Never bet on Islam! ::::: Never bet on a false prophet!)
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To: Windflier
Listen friend. If you honestly want to know the answer to your questions as badly as you're pretending, then you'd find the answers yourself, or consult someone other than an ordinary citizen expressing his personal views on a website.

So you don't know why you agree with Donofrio? He opposed Obama so that was enough for you, you signed on without even understanding his positions? You are aware, are you not, that by Donofrio's definion McCain isn't eligible to be president either?

You know I'm not a legal scholar, and it's quite possible that you aren't either, so what's your real intention here?

My intent is to get a question answered; What is the difference between born at birt and natural born? I'm not aware of anything that defines it and was hoping that someone like you, who seems to have swallowed Donofrio's theory hook, line, and sinker, might be able to answer it. Obviously I was wrong.

559 posted on 12/05/2008 4:18:44 AM PST by Non-Sequitur
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To: BP2
Sound too crazy to happen?

Yes.

560 posted on 12/05/2008 4:43:56 AM PST by Publius Valerius
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