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SCOTUS Re: Obama....Live Thread

Posted on 12/05/2008 6:33:15 AM PST by maineman

I thought we should have a link to post any and all updates.


TOPICS: Constitution/Conservatism; Extended News; News/Current Events; US: Hawaii
KEYWORDS: bho; birth; birthcertificate; certifigate; colb; donofrio; obama; obamatransitionfile; obamatruthfile; obamatruthsquad; odinga; scotus
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To: Jersey Republican Biker Chick
He was born on a base which is US Soil though, was he not?

From the foreign service manual.

7 FAM 1116.1-4 Not Included in the Meaning of "In the United States" (TL:CON-64; 11-30-95) a. A U.S.-registered or documented ship on the high seas or in the exclusive economic zone is not considered to be part of the United States. A child born on such a vessel does not acquire U.S. citizenship by reason of the place of birth (Lam Mow v. Nagle, 24 F.2d 316 (9th Cir., 1928)).

b. A U.S.-registered aircraft outside U.S. airspace is not considered to be part of U.S. territory. A child born on such an aircraft outside U.S. airspace does not acquire U.S. citizenship by reason of the place of birth.

c. Despite widespread popular belief, U.S. military installations abroad and U.S. diplomatic or consular facilities are not part of the United States within the meaning of the 14th Amendment. A child born on the premises of such a facility is not subject to the jurisdiction of the United States and does not acquire U.S. citizenship by reason of birth.

221 posted on 12/05/2008 9:35:44 AM PST by Stentor (b. July 4, 1776 - d. January 20, 2009 sorely missed.)
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To: Sola Veritas

Donofrio, understandably, was upset when he’d heard that Cort Wrotnowski’ brief was sent for anthrax testing. He said Cort’s suit was better written than his and a “kick ass brief”, and it supported the brief he had written. Then Cort ended up driving all the way down from Connecticut to submit the brief in person this time.


222 posted on 12/05/2008 9:37:05 AM PST by sneakers
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To: Aquinasfan

Man, how pathetic is that? Two constitutionally unqualified candidates?

~~~~

3 .. a Nicaraguan, Roger Calero .. none apparently vetted for citizenship eligibility by the secretaries of all the states where they appeared on the ballot.


223 posted on 12/05/2008 9:37:05 AM PST by STARWISE ((They (Dims) think of this WOT as Bush's war, not America's war-RichardMiniter, respected OBL author)
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To: Stentor

7 FAM 1116.2 “Subject to the Jurisdiction” of the United
States
7 FAM 1116.2-1 Subject at Birth to U.S. Law
(TL:CON-64; 11-30-95)
a. Simply stated, “subject to the jurisdiction” of the United States means subject to the
laws of the United States.
b. In U.S. v. Wong Kim Ark , 169 U.S. 649 (1898), the U.S. Supreme Court examined at
length the theories and legal precedents on which the U.S. citizenship laws are based and,
in particular, the types of persons who are subject to U.S. jurisdiction. After doing so, it
affirmed that a child born in the United States to Chinese parents acquired U.S. citizenship
even though the parents were, at the time, racially ineligible for naturalization. The Court
concluded that:
The 14th Amendment affirms the ancient and fundamental rule of
citizenship by birth within the territory, in the allegiance and under the
protection of the country, including children here born of resident aliens,
with the exceptions or qualifications (as old as the rule itself) of children
of foreign sovereigns or their ministers, or born on foreign public ships, or
of enemies within and during a hostile occupation of part of our territory,
and with the single additional exception of children of members of the
Indian tribes owing direct allegiance to their several tribes. The
Amendment, in clear words and in manifest intent, includes the children
born within the territory of the United States, of all other persons, of
whatever race or color, domiciled within the United States.
c. Pursuant to this ruling, it has been considered that:
(1) Acquisition of U.S. citizenship generally is not affected by the fact that the parents
may be in the United States temporarily or illegally; and that
(2) A child born in an immigration detention center physically located in the United
States is considered to have been born in the United States and be subject to its
jurisdiction. This is so even if the child’s parents have not been legally admitted to the
United States and, for immigration purposes, may be viewed as not being in the United
States.


224 posted on 12/05/2008 9:38:06 AM PST by Stentor (b. July 4, 1776 - d. January 20, 2009 sorely missed.)
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To: STARWISE

The two political parties are so corrupted by globalists that they don’t even bother to run natural born candidates for president.


225 posted on 12/05/2008 9:39:23 AM PST by hedgetrimmer
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To: NoObamaFightForConservatives
If NBC is there you can bet that they want to have a debate over that little Constitutional thingy. What do ya bet that they ask for an amendment to elect a “World Citizen”? Marxists are so easy to figure.
226 posted on 12/05/2008 9:39:40 AM PST by Earthdweller (Socialism makes you feel better about oppressing people.....)
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To: Blu By U

I’ve tried to access Leo’s past interview on Plains radio. Did they take them down? It would be helpful to get other freepers up to speed.


227 posted on 12/05/2008 9:39:49 AM PST by sneakers
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To: Eye of Unk

A sound reply that warms the cockles of my heart. Unk - Good - Uh. ;o)


228 posted on 12/05/2008 9:40:11 AM PST by freepersup (!)
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To: Stentor
c. Despite widespread popular belief, U.S. military installations abroad and U.S. diplomatic or consular facilities are not part of the United States within the meaning of the 14th Amendment. A child born on the premises of such a facility is not subject to the jurisdiction of the United States and does not acquire U.S. citizenship by reason of birth.

Okay, color me confused. Anchor babies are American citizens under the law (and/or some Foggy Bottom service manual), but not kids of American parents born at an American military facility?

229 posted on 12/05/2008 9:40:14 AM PST by mewzilla (In politics the middle way is none at all. John Adams)
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To: DooDahhhh; Calpernia; Fred Nerks; null and void; pissant; george76; PhilDragoo; Candor7; ...

Check out comment #86 if you want to ruin the rest of your day.

http://www.freerepublic.com/focus/chat/2143396/posts?page=86#86


230 posted on 12/05/2008 9:40:33 AM PST by LucyT
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To: tomkat

You mean they rode the short bus?


231 posted on 12/05/2008 9:40:55 AM PST by DooDahhhh (AMEN)
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To: STARWISE; All

http://www.plainsradio.com/

I hope you all are listening to this? Live now....


232 posted on 12/05/2008 9:41:30 AM PST by jcsjcm (Upholding the Constitution til my last breath)
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To: marajade
We really don't know if Obama's life is a series of lies, or gaming the system as an affirmative action citizen, because he has sequestered ALL his history record so that no one can find the data. We can't even access the necessary documents to show he is a natural born citizen, or that he has not used his ambiguous citizenship as a Kenyan and an Indonesian to get college entry or funding, or even a passport to travel under a different nationality identity.

THAT is the jist of why this must be pursued. Obama is trying to gain the ultimate affrimative action hire, to be presdient of the United States. If he is Constitutionally qualified, We The People need to know that, now, at the start of his work in offcie. If he is not Constitutionally qualified, We The People as the ones hiring this man for the job have every right to know NOW what his true background is. The controversy arises from the purposed failure by the sycophantic media to avoid revealing anything that might be seen as a negative for their chosen messianic candidate in the ultimate affirmative action promotion. But think about what it means if the 'president-elect' is playing this issue as a means to divide the nation!

If this man could provide Constitutional level proof and he is spending a million dollars to hide the documentation, and--as you infer, actually--he is working the issue, gaming the American people to destroy the domestic tranquility, do you really want such a president to run your Republic into the shitter for the next four years with such a reality now exposed for all the world to witness?

233 posted on 12/05/2008 9:42:29 AM PST by MHGinTN (Believing they cannot be deceived, they cannot be convinced when they are deceived.)
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To: mewzilla

yes, that would be in keeping with the globalists plan to undermine American exceptionalism.


234 posted on 12/05/2008 9:43:11 AM PST by hedgetrimmer
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To: MashieNiblick16

I don’t have a TV, but it’s in many papers this morning, all slanted as right-wing conspiracy nuts persecuting Obama. Also, on Drudge as of yesterday in a small side column (is Drudge even considered a conservative blog anymore, very disappointing how he has gone along with the blackout so far)...


235 posted on 12/05/2008 9:44:33 AM PST by baa39 (www.FightFOCA.com - innocent lives depend on you)
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To: mewzilla
Okay, color me confused. Anchor babies are American citizens under the law (and/or some Foggy Bottom service manual), but not kids of American parents born at an American military facility?

I join in your confusion. Just reporting.

7 FAM Consular Affairs

236 posted on 12/05/2008 9:44:35 AM PST by Stentor (b. July 4, 1776 - d. January 20, 2009 sorely missed.)
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To: sneakers

I believe that they are under archives.. I just checked, it looks like they are moving things around.. I only see calendar buttons in the archives.


237 posted on 12/05/2008 9:44:57 AM PST by Blu By U
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To: Aquinasfan

Three.

The candidate on the Socialist Party ticket - name of Cabrera, I believe - was born in Niceragua.


238 posted on 12/05/2008 9:45:59 AM PST by sneakers
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To: Jack Black

In John McCain’s case, it doesn’t really appear to be a question over whether he is or is not a U.S. citizen that is of concern. Instead it is a question of interpretation of the basic qualification layed out in the U.S. Constitution that a president must be a “natural-born citizen.” In the case of John McCain, who was born in 1936, it was a retroactive 1937 law that conferred citizenship on children born in the Canal Zone after 1904 to American parents.

“...Any person born in the Republic of Panama on or after February 26, 1904, and whether before or after the effective date of this Act, whose father or mother or both at the time of birth of such person was or is a citizen ofthe Unied States employed by the Government of the United States or by the Panama Railroad Company, or its successor in title, is declared to be a citizen of the United States.”
Because this law was not in effect at the time of McCain’s birth, experts such as University of Arizona law professor Prof. Gabriel J. Chin say that it came too late to make John McCain a natural-born citizen. At the time of McCain’s birth, the relevant statute did grant citizenship to any child of an American parent “out of the limits and jurisdiction of the United States.” Professor Chin said the precise wording is important here, and that “out of the...jurisdiction” doesn’t apply to the Panama Canal Zone which was under the jurisdiction of the United States at the time. Others argue that recognition of the “unintentional gap” is the reason that Congress passed the 1937 Canal Zone citizenship law.


239 posted on 12/05/2008 9:47:52 AM PST by etraveler13
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To: gracesdad

“This case isn’t even looking at the birth certificate issue. I seriously doubt the court will take it.”

Donofrio’s case also claims that McCain is not a natural born citizen, due to some technicality about the military base in Panama. So that lends a whole nutcase tone to the thing that makes it so much easier for it to be disparaged, even if his arguments about Obama are sound.


240 posted on 12/05/2008 9:49:31 AM PST by baa39 (www.FightFOCA.com - innocent lives depend on you)
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