Posted on 10/13/2010 3:04:13 PM PDT by BuckeyeTexan
On consideration of the Petition for Extraordinary Relief in the Nature of a Writ of Mandamus and Application for a Stay of Proceedings, the petition is DENIED.
(Excerpt) Read more at caaflog.com ...
“Who has moral and legal responsibility for a child, and why?”
In the case of Obama Jr, his mother. Full custody. The dad had nothing to do with him - ever, that anyone can tell.
I don't think the question was about conflicts. Treatises are the law of the land as stated in Article VI of the US Constitution:
Article VI. Clause 2 of the U.S. Constitution, also known as "The Supremacy Clause," states:
"This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding."
There it is in black and white.
Only in the eyes of the feudal law of the despotic British Monarchy that the courts had to elude to, to try to find a way AROUND the Constitution
I meant in a general sense, rather than for any one specific child. Whose responsibility is the child, and why?
I think you need to go back & research some more.
“The Supremacy Clause is a clause in the United States Constitution, Article VI, Section 1, Clause 2. This clause asserts and establishes the Constitution, the federal laws made in pursuance of the Constitution, and treaties made by the United States with foreign nations as “the Supreme Law of the Land” (using modern capitalization). The text of Article VI, Clause 2, establishes these as the highest form of law in the American legal system, both in the Federal courts and in all of the State courts, mandating that all state judges shall uphold them, even if there are state laws or state constitutions that conflict with the powers of the Federal government.”
http://en.wikipedia.org/wiki/Supremacy_Clause
So Rogers, were the treaties with China ever overruled in US court that regulated, limited, suspended, or prohibited Chinese immigration? If so show us when and where.
I think you need to understand when a law of the land is ever over ruled.
The child is the responsibility of the parents. However, if born in the US, he is a US citizen by birth.
And if one parent abandons a child, the remaining parent has responsibility.
Why do the parents have the responsibility?
Don’t know. I don’t have time to research treaties made in the 1800s with foreign countries - but a treaty made by a President and ratified by the Senate cannot overrule the Constitution, since power flows from the states to the federal government via the Constitution. Ever hear of states’ rights?
If you have a point, please make it. I don’t have time to play 100 posts...
Vendome, I’m really sorry to hear of your injuries and pain today.
Make sure you sleep enough (hopefully you’re sound asleep right now!).
The best thing for burns (pretty much) is straight lavender oil - essential oil. I have a burn story about it. The worst burn I ever had, and I’ve had some bad ones, having been a cook. Even the next day it will help speed the healing and takes the pain way down. Sleep deprivation can definitely make one cranky, too.
I think MT was rough for sure, but (and of course I could be wrong), well intentioned.
Some of the other actors on these threads are definitely not well intentioned.
Sorry. I don’t want to waste anybody’s time either.
My point is what I posted to bushpilot1: that the role of the parents in shaping the attitudes of the children is obvious in natural law, the Bible, and the accepted legal norms for this country - as well as consistently demonstrated in research studies.
To say that the allegiance of the parents has no bearing on the allegiance of the child ignores all those precedents and science.
The founders didn’t ignore any of those things. They understood that the parents are the major influence in their children’s lives.
And Obama has a book called “Dreams of My Father”. If that’s not some kind of statement of allegiance or identification with his father’s story, then I don’t know what would be.
Like all laws they have to be challenged in court. Bad laws, and in this case a “bad” treaty, are still the law unless overturned by a court, unless the Executive Branch, the President, or the foreign country that is party to it withdrawals from the treaty. And as of 1898, the Chinese immigration treaty of 1881 was still in effect. It was not overturned by no court, or none of the parties withdrew from it; so it was still the Law of the Land.
So this so called “waiver”, would Obama Sr apply for it in Hawaii or would Stanley Ann apply for it in Washington State where she was in school and residing without daddy? What is a sponsor? What is required of a sponsor? And what about Obama Sr’s wife and child in Kenya? Oh did Obama Sr. ever have the intent to immigrate to the USA or did he intend on returning to Kenya when his education was finished? Did he consider being drafted into the US Armed Forces when making a decision whether to stay in the US or not? Did he intend to stay married to Stanley Ann? I thought you said it was a quick sex thing, how could he be granted permanent residency under those conditions?
ROFLMAO. See presumed fraudulent marriage. As far as my knowledge, you get a zero on that one too. Maybe you should ask Jamese777 for his matchbook school of law and shoe repair opinion on immigration law. You two take the cake on presenting “facts” that are nothing but smoke and mirrors.
Lolo’s immigration records are available on the internet including him asking for a waiver. Read them and maybe you will learn something before you rattle on about a subject you know little about.
What a nightmare. I think you can give yourself some slack under such circumstances. At least that’s what I told myself when my sewing machine wasn’t working this morning, and that’s piddles compared to how your day has gone.
I echo little jeremiah’s hope that you’re in bed fast asleep by now (where I should be too - and will be heading fast. lol). Before I drop off, though, I’ll pray for your eye, your hand, and your head. Ah, heck, I’ll just throw in the whole body while I’m at it. lol
I hope you get some good sleep and that you wake up in the morning feeling much, much better.
Well, I was going to bed but smokingfrog and little jeremiah oddly made me feel better and I just know I would wake up cranky if I hadn’t mopped the kitchen and the bathroom but now I have to wait 15 more minutes for the floor to dry so I can get to the bedroom.
Thank you. It is a busy night for me, so this helps.
“And Obama has a book called “Dreams of My Father”. If that’s not some kind of statement of allegiance or identification with his father’s story, then I don’t know what would be.”
However, that is a fictional book. It is called ‘Dreams’ for a reason.
Obama’s father had nothing to do with his upbringing. He simply wasn’t there. So his ‘allegiance’ is irrelevant, even if that was the Founder’s intent (and the WKA decision says it wasn’t). He was never there to provide any input.
I didn’t say Obama Sr applied for any waivers. Had he intended to stay in America and live as Obama’s father and Ann’s husband, he could have. He would have been well advised to speak to a lawyer first, since the INS (at least 30 years later, when I dealt with them) was not a friendly organization.
“Oh did Obama Sr. ever have the intent to immigrate to the USA or did he intend on returning to Kenya when his education was finished?”
I’m sure he intended on returning to Kenya, but then, WKA’s parents moved back to China and never returned to the US as well. At the time of Jr’s birth, as husband of an American, there were ways he could have made his life here permanent. As I said, he might have needed to exit the country and re-enter on a different visa. Based on my dealings with the INS in the 90s, that would depend on who he talked to and what he could get them to put into writing.
“I thought you said it was a quick sex thing, how could he be granted permanent residency under those conditions?”
He couldn’t. That was my theory. However, at the time of Jr’s birth, no one knew his future behavior, and it is irrelevant to Obama Jr being a citizen. This is the first thread where I’ve seen birthers suggest that Obama Jr wasn’t a US citizen even if born in Hawaii.
“Lolo’s immigration records are available on the internet including him asking for a waiver. Read them and maybe you will learn something before you rattle on about a subject you know little about.”
I spend about 5-10 minutes/shot, 3-4 times/day on these issues. I don’t have the time or inclination to worry about a single specific immigration case from the late 60s. Nor do I have any reason to believe his situation was identical to Obama Sr. There would have been a difference between how a UK citizen and an Indonesian citizen would have been treated by the INS.
Each case is individual, and hiring a lawyer would be my first step if I had to repeat it. But for the issue of Obama Jr’s citizenship, it is irrelevant. Obama Jr, if born in Hawaii, met the definition of NBC used by the courts. He most certainly met the definition of citizen by birth if born in Hawaii. In those circumstances, if his parents were not diplomats or members of an invading army, he was and is a citizen.
However, another FReeper asked two serious questions in post 2214, or me asking now; was it the Hillary camp intervening. And what have you done since then compared to Danae's work or BDZ???
MT, Aren’t you MissTickly aka TerriK who was battling with HDOH last year?
What happened to your (UIPA) requests?
I was closely watching MissTickly’s (aka TerriK) crusade against HDOH last year because I also had made a UIPA request and they were not responding to me either. All of a sudden POOF she was gone. I always wondered if she ever got any information from them. Or if she was threatened by BO’s goons.
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