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To: IMR 4350; All

All That Is Wrong with Georgia State Judge Michael M. Malihi’s Decision that Putative President Obama Is a “Natural Born Citizen”

http://puzo1.blogspot.com/2012/02/all-that-is-wrong-with-georgia-state.html


72 posted on 02/04/2012 7:29:53 AM PST by Hotlanta Mike (TeaNami)
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To: Hotlanta Mike

Per Apuzo...(bears repeating) here is the Malihi fail in a nutshell:

quote

Wong Kim Ark, a Fourteenth Amendment citizenship case, answered the question left open in Minor, which question concerned whether Wong Kim Ark was a “citizen of the United States,” not an Article II “natural born Citizen.” Wong Kim Ark relied upon the English common law, which historically had been used to define British nationality and not American nationality, to define a “citizen of the United States.” But Ankeny mistakenly concluded that Wong Kim Ark ruled Wong Kim Ark to be a “natural born Citizen” rather than a “citizen of the United States.” Wong Kim Ark did no such thing. There is nothing in Wong Kim Ark decision that suggests that the Court declared Wong Kim Ark an Article II “natural born Citizen” and therefore eligible to be President. The U.S. Supreme Court in Minor v. Happersett (1875) already had told us that there was no doubt as to who could be a “natural born Citizen.” Since there is no doubt and if Wong Kim Ark was a “natural born Citizen,” the U.S. government would not have argued that he was not even a “citizen of the United States,” let alone a “natural born Citizen.” Also, Wong Kim Ark never said that Minor was wrong in defining a “natural born Citizen” in the way that it did under natural law and the law of nations and not the English common law.

Also, Ankeny relied strictly upon U.S. v. Wong Kim Ark and its historical sources for its decision on what a “natural born Citizen” is. They made a monumental declaration as to the meaning of the clause based solely upon a 1898 U.S. Supreme Court case that did not even involve any dispute regarding the meaning of a “natural born Citizen” and which ironically confirmed Vattel’s definition of a “natural born Citizen” as stated by Minor v. Happersett in 1875.

end quote


95 posted on 02/04/2012 8:34:09 AM PST by Seizethecarp
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To: Hotlanta Mike
I'm not even an attorney and I knew the ruling was a joke.

Having an attorney get hold of it and it's devastating just how much of a joke it really is.

I wouldn't be surprised if this judge steps down from the bench before he can be removed.

98 posted on 02/04/2012 8:39:49 AM PST by IMR 4350
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