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Hawaii Health Department’s Fukino Now Constitutional Lawyer?
NaturalBornCitizen | July 28, 2009

Posted on 07/28/2009 11:09:59 AM PDT by ckilmer

Hawaii Health Department’s Fukino Now Constitutional Lawyer?

BCreal

Well kiddies we really shook them up yesterday with our  post revealing the US Supreme Court’s most on point decision regarding the definition of “natural-born citizen” in the case of Minor v. Happersett which was decided six years after the 14th Amendment was adopted.   They were quick to respond weren’t they.

After building up the main stream media pressure for the last week for what was sure to be a long form BC in the face, they were confronted with a severe blow to the mantra that the 14th Amendment defines “natural born citizen”.   It doesn’t and SCOTUS confirms this in Minor.  Their response was an emergency statement by Hawaii’s Department of Health which seeks to stop the fire we started yesterday.  Their response was literally concocted only hours after our last post.

To recap, yesterday we proved that the most on point and controlling decision in our entire history of SCOTUS jurisprudence with regard to the definition of the term “natural-born citizen” – the Minor case – unequivocally states that the definition of  “natural-born citizen” is  not defined in the Constitution.   This analysis destroys the Obama eligibility supporter mantra that 14th Amendment “native born” citizenship is equal to “natural-born” citizenship.

SCOTUS clearly states in Minor, six years after the adoption of the 14th Amendment, that the definition of  “natural-born citizen” is not found in the Constitution:

The Constitution does not, in words, say who shall be natural-born citizens. Resort must be had elsewhere to ascertain that. At common-law, with the nomenclature of which the framers of the Constitution were familiar, it was never doubted that all children born in a country of parents who were its citizens became themselves, upon their birth, citizens also. These were natives, or natural-born citizens, as distinguished from aliens or foreigners. Some authorities go further and include as citizens children born within the jurisdiction without reference to the citizenship of their [88 U.S. 162, 168] parents. As to this class there have been doubts, but never as to the first. For the purposes of this case it is not necessary to solve these doubts.

That passage establishes two important legal facts which cannot be overturned by any Birth Certificate.:

1. it establishes as precedent that the definition of natural-born citizen is not contained in the body of the Constitution and that we must look elsewhere for the definition

2. it establishes doubt that persons born in the US to  foreign parents can be President

This is the most on point decision in our legal history as a nation regarding the definition of the Article 2 Section 1 Clause 5 requirement that the President be a natural-born citizen.  As such, it not only deserves respect – it demands it.

Yet, apparently Yahoo news and every other main stream news source in the country would have you believe that Hawaii Department of Health Director Dr. Chiyome Fukino is a better Constitutional scholar and source of  law than our own Supreme Court precedent.

Only hours after I posted my analysis of the Minor case, Fukino issued the following statement:

“I … have seen the original vital records maintained on file by the Hawaii State Department of Health verifying Barack Hussein Obama was born in Hawaii and is a natural-born American citizen…”

Wow!  Fukino has transmogrified the Constitution.  She, and she alone is the sole arbiter of who is and who isn’t a natural-born citizen.  Incredible.  Where did she get her law degree?  Or is she simply the great legal oracle of our generation.  Have we discovered, as the monks discover the new Dalai Llama, the legendary great legal oracle of our generation?

Since the Supreme Court has stated in Minor that the definition of “natural-born citizen” is not found in the Constitution, then 14th Amendment citizenship does not establish that any of us are natural-born citizens eligible to be President.  The Supreme Court makes it clear as the sun that we have to look beyond the Document for such a determination.  Not just for Obama, but for any of us seeking to be President.  The natural born citizen requirement was meant to protect the nation from foreign invasion and influence.

The Minor case also tells us that doubts exist as to whether native born persons of  foreign parents can be natural-born citizens.  And with that SCOTUS decision is supposed to come legal precedent and respect.  But apparently the great legal oracle Fukino thinks because she maintains a database of birth records, she is now an authority on Constitutional law.

And this is where our main stream media goes for Constitutional law advice – to Hawaii’s  Department of Health Director.

Well Fukino, since the Supreme Court states you must look outside the Constitution to determine the meaning of “natural-born citizen”, please tell us where you went to make this monumental announcement that Obama is a natural-born citizen.  Please do tell.  Because as we’ve said all along at this blog, we believe Obama was born in Hawaii.

We’ve also said that when push comes to shove Hawaii is going to verify that Obama was born in Hawaii.

Now Hawaii is going even further than we anticipated.  Not only is  Hawaii saying Obama was born in Hawaii, Hawaii is also now defining natural-born citizen for the rest of United States history.

Yes, it’s true, Fukino mandates from her little cubicle at the Department of Health in Hawaii that she has overruled the US Supreme Court in Minor v. Happersett and she has seen the light of legal truth and all doubts mentioned by SCOTUS in Minor can now be discarded.  The great legal oracle of Hawaii has spoken.

What a load of crap this is.  Thanks to all the BC fringe for giving such power to the BC.  I’ve told you a million times that the BC does not matter at all.  If Obama were born on the mall in DC in a manger rocked by Ronald Reagan sipping a Martini while reading a masonic Bible with a million man march full of witnesses, Obama would still not be eligible to be President.

The Supreme Court has unequivocally expressed such doubts in Minor. And that being said, I will admit that while SCOTUS has expressed such doubts, they have never defined “natural-born citizen” either.  While I believe the great weight of evidence proves he is not eligible, I will not be as low down filthy as the opposition and tell you that the law has been determined.  It has not.  But it should be.  And that’s what I’ve been saying all along.

SCOTUS expressed their doubts about Obama’s eligibility in Minor.  The current court should have clarified the issue with a decision.  Obama should have asked them to clarify such an important doubt by bringing the Arizona sworn affirmation to them and asking whether he could sign it without committing perjury.

But the great legal oracle Fukino manages to save the day only hours after the Supreme Court’s Minor decision was finally decoded to reveal beyond any doubt that…

“native born” does not = “natural born” …

Not according to the US Supreme Court – not for Obama and not for any of us.

If you want to be President, you have to prove more than just the fact that you are a citizen of this country.  You must prove you are a “natural-born citizen” and Fukino can’t prove that by showing a long form Obama BC.  And neither can Obama.  And neither can you.

That’s right.  None of us have a long form BC which can prove we are eligible to be President because, as far as I can tell, while our long form birth certificates contain the names and residences of our parents, they do not contain citizenship information.  Since 14th Amendment citizenship, according to SCOTUS in Minor, does not define “natural-born citizen”, the court states that we must look elsewhere to make that decision.

The court unequivocally stated in Minor that we should look at the nationality of the parents and if the parents are US citizens, and the child is born in the US, then the child is a natural-born citizen of the US.  If the child is subject to a foreign nationality through a parent then there are doubts which were clearly expressed by SCOTUS in Minor.  Obama’s father was NEVER a US citizen.  Obama also admits that his birth status was governed by Great Britain.  Obama chose the word “governed”, not me.

But Fukino has overruled the United States Supreme Court today in a direct assault on the legal truths exposed by this blog yesterday.  What an amazing turn of events.  At least we’ve discovered who the great legal oracle of our generation is.  It’s not Obama and it’s not me.  It’s Fukino.  She is the greatest legal mind of our generation.  All hail the great legal oracle form Hawaii.




TOPICS: Constitution/Conservatism; Government; US: Hawaii
KEYWORDS: article2section1; birthcertificate; birthers; certifigate; colb; eligibility; ineligible; naturalborn; obama; obamanoncitizenissue
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To: SvenMagnussen

Wow! Wasn’t aware of the sequence number discrepancy. Great evidence. Makes a case for a grand jury to hear at least so as to indict for fraud, if this were any other circumstance.


21 posted on 07/28/2009 12:14:21 PM PDT by bvw
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To: the long march
My birth certificate and those of my children show the country where the parents were born. This would work for my kids, but not for me. My father was born in Germany. (I would have to find his naturalization papers, which my mother has, so all of you hoping I might be the next President still have a shot.)

ML/NJ

22 posted on 07/28/2009 12:30:37 PM PDT by ml/nj
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To: rolling_stone

It is presumptive since it is a sworn legal document .... unless of course you are suggesting that your folks lied on the form.


23 posted on 07/28/2009 12:34:00 PM PDT by the long march
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To: Uncle Chip
Maybe because it is likely that Dr. Fukino broke the law by saying this?
24 posted on 07/28/2009 12:34:39 PM PDT by Servant of the Cross (the Truth will set you free)
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To: ckilmer
This article is spot-on, but the media will continue to spin.

The fact is, both Obama and McCain could have been born on the moon, and McCain would still be a natural-born citizen while Obama would not.

Even IF he was born in Hawaii [which I doubt] the best Zero could EVER be is a native-born citizen...and that's just not good enough.

Not if you believe in the Constitution, anyway.

-----

CHAP. XIX. / Of Our Native Country, and Several Things That Relate to It / Law of Nations;
§ 212. Citizens and natives.
The citizens are the members of the civil society; bound to this society by certain duties, and subject to its authority, they equally participate in its advantages. The natives, or natural-born citizens, are those born in the country, of parents who are citizens. As the society cannot exist and perpetuate itself otherwise than by the children of the citizens, those children naturally follow the condition of their fathers, and succeed to all their rights. The society is supposed to desire this, in consequence of what it owes to its own preservation; and it is presumed, as matter of course, that each citizen, on entering into society, reserves to his children the right of becoming members of it. The country of the fathers is therefore that of the children; and these become true citizens merely by their tacit consent. We shall soon see whether, on their coming to the years of discretion, they may renounce their right, and what they owe to the society in which they were born. I say, that, in order to be of the country, it is necessary that a person be born of a father who is a citizen; for, if he is born there of a foreigner, it will be only the place of his birth, and not his country.

-----

The United States may be the place of Zeros birth, BUT IT IS NOT HIS COUNTRY!

25 posted on 07/28/2009 12:41:55 PM PDT by MamaTexan (I am NOT an administrative, corporate, collective, legal, political or public entity or ~person~)
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To: SvenMagnussen
Certificate sequencing problem BO was born on Aug. 4, 1961 and the paperwork was filed on Aug. 8, 1961. BO’s COLB has a number ending with 10641. The Nordyke twins were born on Aug. 5, 1961 in Honolulu, HI. The birth was registered on Aug. 11, 1961 and their “Certificate of Live Birth” has the numbers ending with 10637 and 10638. BO’s COLB is out of Sequence for the date of his birth.

Maybe this is why almost all of the images found by a Google Image search have the certificate number redacted?

For those interested this image, when viewed full size, does show the certificate number, albeit a bit out of focus.

26 posted on 07/28/2009 12:44:29 PM PDT by ml/nj
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To: SvenMagnussen

Self-ping for later reference.

Thanks for posting the Nordyke documents.


27 posted on 07/28/2009 12:45:24 PM PDT by Two Kids' Dad (((( ))))
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To: the long march

My BC has Informants Certification, I hereby certify that the above information is true and correct to the best of my knowledge.

Signed by only one parent (or other, specify), space for only one signature, not sworn or under penalty of perjury


28 posted on 07/28/2009 12:46:25 PM PDT by rolling_stone (no more bailouts, the taxpayers are out of money!)
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To: Texas Fossil
Wouldn't that be the icing? We get what we want and find out his real father was Malcolm X which makes him an NBC!

Except of course for the whole Indonesian thing.

29 posted on 07/28/2009 12:48:22 PM PDT by mad_as_he$$ (Nemo me impune lacessit)
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To: Cletus.D.Yokel

What if the entry for father said, “UNKNOWN” ?
++++++++++++++

Would the courts exhume Obama Sr. to do a DNA test...(half kidding)..

If bammy’s parents weren’t legally married (I’ve heard he was already married, before they ‘married’), don’t you think the SCOTUS might just rule that Ann Dunham’s US citizenship, and thereby bammy’s citizenship, is enough to confer natural born citizenship on bammy - even if he were born in Kenya - I mean, if it’s ultimately up to them to interpret the SCOTUS precedent that is so aptly cited in this string’s article?

I suppose the case changes if bammy had dual citizenship, or Indonesian citizenship that renounced his US citizenship, and/or claimed such on his student applications for various things...at the very least, bammy is not being forthcoming, like he and the dims promised...it should be VERY CLEAR that they’re playing games with the American people, like the arrogant bastuds they are..

At the very least, I’ll be glad if fuller disclosure for future candidates comes out of this friggin’ marxist/radical/alinsky debacle. It makes me more pissed at bammy than ever - arrogance just seeping out of him...


30 posted on 07/28/2009 12:50:14 PM PDT by SeattleBruce (God, Family, Church, Country & the Tea Party! Take America Back! (Objective media? Try BIGOTS.))
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To: ml/nj

Vote “Palin / ML/NJ” in 2012!!!

Hee hee!


31 posted on 07/28/2009 12:50:41 PM PDT by Two Kids' Dad (((( ))))
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To: All
Do we have any enterprising FReeper lawyers out there?

Seems Fukino is guilty for both libel and slander against ANY natural-born citizen.

:-)

32 posted on 07/28/2009 12:51:48 PM PDT by MamaTexan (I am NOT an administrative, corporate, collective, legal, political or public entity or ~person~)
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To: Servant of the Cross

The source of the quote is the Hawaiian Advertiser.


33 posted on 07/28/2009 12:53:20 PM PDT by Uncle Chip (TRUTH : Ignore it. Deride it. Allegorize it. Interpret it. But you can't ESCAPE it.)
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To: SvenMagnussen
Certificate sequencing problem BO was born on Aug. 4, 1961 and the paperwork was filed on Aug. 8, 1961. BO’s COLB has a number ending with 10641. The Nordyke twins were born on Aug. 5, 1961 in Honolulu, HI. The birth was registered on Aug. 11, 1961 and their “Certificate of Live Birth” has the numbers ending with 10637 and 10638. BO’s COLB is out of Sequence for the date of his birth.

Hmmmmm

34 posted on 07/28/2009 12:57:07 PM PDT by Uncle Chip (TRUTH : Ignore it. Deride it. Allegorize it. Interpret it. But you can't ESCAPE it.)
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To: ckilmer

bttt


35 posted on 07/28/2009 12:59:54 PM PDT by SuperLuminal (Where is another agitator for republicanism like Sam Adams when we need him?)
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To: SeattleBruce
"If bammy’s parents weren’t legally married"
+++++++++++++++++

I think I answered my question, by reading more closely. If Obama Sr. were bammy's daddy, then it doesn't matter if they weren't legally married...bammy would have issues being considered a 'natural born citizen' according to Minor. (see the article above).
36 posted on 07/28/2009 1:04:34 PM PDT by SeattleBruce (God, Family, Church, Country & the Tea Party! Take America Back! (Objective media? Try BIGOTS.))
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To: SvenMagnussen

Great find! Thanks for posting it.


37 posted on 07/28/2009 1:13:03 PM PDT by Faith
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To: ckilmer

Agree completely clikmer! Fukino wears too many hats and none fit:

(1) Dr. Fukino apparently violated HI privacy laws when she offered details regarding Obama’s “original birth certificate” (assuming the report is true).

She previously stated that it’s unlawful for her to discuss or reveal any details re any specific BC records(?) but she just did so. I wonder why? Pressure to assist Gibbs?

(2) She now claims she analyzed Obama’s original BC, and (at long last) has now ruled and determined him be a “natural-born citizen”. (I say, bloody good show doctor, but are you a judge?)

(3) This alleged determination requires (a) that she’s forensic document expert,(b) a constitutional attorney, and (c) an objective federal judge. She’s none of these things, for Havens sake.

Yet she personally claims to have made all needed FACTUAL AND LEGAL DETERMINATIONS regarding this document, re all the issues - including Obama’s parentage - as you rightfully focus on and detail.

Very bizarre. We know she’s not qualified to make such rulings or determinations, so why did she say she did(?)

I assume, when asked, she will admit she misspoke, or some such, refer to to counsel, etc.

* * *

Gibbs is getting very disparate. I assume he will now quote Fukino’s statement as “conclusive evidence” regarding the matter.

Yes, we know Obama has so very much on his plate. All those self-inflicted wounds...and he needs more time for brews with Prof Gates.

In just six months - Obama has become one of the most illegal and absurd events in American political history.


38 posted on 07/28/2009 1:18:40 PM PDT by Altera (See, The Obama Nation: Leftist Politics and the Cult of Personality, by Jerome R. Corsi)
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To: Faith

http://www.freerepublic.com/focus/news/2302894/posts?page=30#4

This references the birth certificate issues, but the deeper Constitutional issue, is whether BO could be considered a natural born citizen by SCOTUS precedent as per the orginal string article.


39 posted on 07/28/2009 1:34:26 PM PDT by SeattleBruce (God, Family, Church, Country & the Tea Party! Take America Back! (Objective media? Try BIGOTS.))
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To: Altera
Gibbs is getting very desperate. I assume he will now quote Fukino’s statement as “conclusive evidence” regarding the matter.

Yes, we know Obama has so very much on his plate. All those self-inflicted wounds...and he needs more time for brews with Prof Gates.
+++++++++++++++

I love that part about needing more time for brews...very funny...

40 posted on 07/28/2009 1:36:54 PM PDT by SeattleBruce (God, Family, Church, Country & the Tea Party! Take America Back! (Objective media? Try BIGOTS.))
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