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To: rxsid

If in fact this is the case (that he was born in HI), then can we FINALLY get to the larger eligibilty question here?
How can someone born a subject to the crown of her majesty the Queen of England be considered a Natural Born Citizen of the United States and thus eligible to be the Commander in Chief of the armed forces (to say the least)?


Been there, done that.
“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. Just as a person ‘born within the British dominions [was] a natural-born British subject’ at the time of the framing of the U.S. Constitution, so too were those ‘born in the allegiance of the United States natural-born citizens.’”—Indiana Court of Appeals, Ankeny et. al. v The Governor of Indiana, Mitch Daniels, Nov. 12, 2009


329 posted on 05/06/2010 11:36:11 AM PDT by jamese777
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To: jamese777
"If in fact this is the case (that he was born in HI), then can we FINALLY get to the larger eligibilty question here?

How can someone born a subject to the crown of her majesty the Queen of England be considered a Natural Born Citizen of the United States and thus eligible to be the Commander in Chief of the armed forces (to say the least)?"

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Been there, done that. “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. Just as a person ‘born within the British dominions [was] a natural-born British subject’ at the time of the framing of the U.S. Constitution, so too were those ‘born in the allegiance of the United States natural-born citizens.’”—Indiana Court of Appeals, Ankeny et. al. v The Governor of Indiana, Mitch Daniels, Nov. 12, 2009

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Indeed you've tried. Where, in WKA, did the court find him a "Natural Born Citizen?" Furthermore, your state supreme court case follows that statement up with this footnote:

We note the fact that the Court in Wong Kim Ark did not actually pronounce the plaintiff a “natural born Citizen” using the Constitution‟s Article II language is immaterial.

Well, now. Isn't that convinient? They cite WKA as their reason for finding Barry (a British subject at birth) to be a NBC...yet...they admit that the WKA court did NOT find WKA a NBC. Hmmmmm. Now isn't that strange! haha.

339 posted on 05/06/2010 11:47:26 AM PDT by rxsid (HOW CAN A NATURAL BORN CITIZEN'S STATUS BE "GOVERNED" BY GREAT BRITAIN? - Leo Donofrio (2009))
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To: jamese777

That’s a decision by the Indiana Court of Appeals, which means that it has very limited precedential value. The Indiana Supreme Court could (potentially) come up with a differing definition. The courts in the 49 other states could also (potentially) come up with their own definition, because a decision in Indiana would not be binding on a higher court or courts in other states.


341 posted on 05/06/2010 11:47:54 AM PDT by ConjunctionJunction (I can see November from my house.)
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