Posted on 02/06/2012 4:32:19 PM PST by Para-Ord.45
So what is the likely response?This behavior of judge Malihi was so outrageous, that not only his advisory opinion needs to be set aside, as not grounded in any fact or law, but state and county grand juries and the Attorney General of Georgia need to launch a criminal investigation into actions of judge Malihi and possible direct or indirect undue influence by Obama. Decision by Malihi reads, as if it was entirely written by Obama's personal attorneys Robert Bauer and Judith Corley of Perkins Coie and rubber stamped by Malihi. It is noteworthy, that both Robert Bauer and Judith Corley need to be criminally investigated as well, as both of them were complicit in aiding and abetting Obama in presenting to the public on April 27, 2011 a computer generated forgery and claiming it to be a true and correct copy of Obama's birth certificate.
Such assumption by Malihi, that Obama was born in the U.S., without any documentary evidence to that extent from Obama, goes beyond an abuse of judicial disretion, it represents judicial misconduct.
“As the President is required to be a native citizen of the United States…. Natives are all persons born within the jurisdiction and allegiance of the United States.”
James Kent, COMMENTARIES ON AMERICAN LAW (1826)
“That provision in the constitution which requires that the president shall be a native-born citizen (unless he were a citizen of the United States when the constitution was adopted) is a happy means of security against foreign influence,…A very respectable political writer makes the following pertinent remarks upon this subject. “Prior to the adoption of the constitution, the people inhabiting the different states might be divided into two classes: natural born citizens, or those born within the state, and aliens, or such as were born out of it.”
St. George Tucker, BLACKSTONE’S COMMENTARIES (1803)
“Allegiance is nothing more than the tie or duty of obedience of a subject to the sovereign under whose protection he is, and allegiance by birth is that which arises from being born within the dominions and under the protection of a particular sovereign. Two things usually concur to create citizenship: first, birth locally within the dominions of the sovereign, and secondly, birth within the protection and obedience, or, in other words, within the allegiance of the sovereign….That the father and mother of the demandant were British born subjects is admitted. If he was born before 4 July, 1776, it is as clear that he was born a British subject. If he was born after 4 July, 1776, and before 15 September, 1776 [the date the British occupied New York], he was born an American citizen, whether his parents were at the time of his birth British subjects or American citizens. Nothing is better settled at the common law than the doctrine that the children even of aliens born in a country while the parents are resident there under the protection of the government and owing a temporary allegiance thereto are subjects by birth.”
Justice Story, concurring opinion,Inglis v. Sailors’ Snug Harbor, 3 Pet. 99, 155,164. (1830)
“The 5th section of the 2d article provides, “that no person except a natural born citizen,” shall become president. A plain acknowledgment, that a man may become a citizen by birth, and that he may be born such.”
Amy v. Smith, 11 Ky. 326, 340 (Ky. 1822)
“The country where one is born, how accidental soever his birth in that place may have been, and although his parents belong to another country, is that to which he owes allegiance. Hence the expression natural born subject or citizen, & all the relations thereout growing. To this there are but few exceptions, and they are mostly introduced by statutes and treaty regulations, such as the children of seamen and ambassadors born abroad, and the like.”
Leake v. Gilchrist, 13 N.C. 73 (N.C. 1829)
“Therefore every person born within the United States, its territories or districts, whether the parents are citizens or aliens, is a natural born citizen in the sense of the Constitution, and entitled to all the rights and privileges appertaining to that capacity.”
William Rawle, A View of the Constitution of the United States, pg. 86 (1829)
You`re so close, yet so far removed from original intent:
Had the original framers intended for any “born Citizen” to be eligible to the office of President, they would not have included the word “natural” in the clause. Additionally, had the framers of the 14th Amendment intended to declare that every person born in the country was a “natural born Citizen”, then the 14th Amendment would contain clear and manifest language to that effect. But it doesn’t. Therefore, each clause must be given separate force and effect.
I have been saying that on countless eligibility threads since they first started cropping up on FR in late 2008-early 2009, and all it gets me is accusations of being an "Obot." No, I don't like him, and I'm not going to vote for him, but if he was born in Hawai'i, then it is settled law that he is a Natural Born Citizen.
We know so little about Bath-House Barry...
Seems we know even LESS about Malihi, but some people are trying to ferret out his past...
note- pravda.ru is not the same as Pravda (Russian Commie Print Mouthpiece)
The owner of the website often has things on it that will not be printed in the U.S. media, but may well be true.
I had an email exchange with the owner of the site a number of years ago. You never can be sure of anything on the web, but don’t automatically discount this source.
There are two classes of Citizens in the United States:
1.) Natural Born
2.) Naturalized
Is Jack Ryan trying to punk people or just get more hits?
Initially well regarded because of its speed and flexibility, it was made up of Privy Counsellors, as well as common-law judges, and supplemented the activities of the common-law and equity courts in both civil and criminal matters. In a sense, the court was a supervisory body, overseeing the operations of lower courts, though its members could hear cases by direct appeal as well.The court was set up to ensure the fair enforcement of laws against prominent people, those so powerful that ordinary courts could never convict them of their crimes.
http://en.wikipedia.org/wiki/Star_Chamber
Perhaps, but this story was not about Birthers.
This story was about his Kenyan father and his Natural Born Citizenship.
You don’t have to be smart to see that his father was not a citizen, even if Obama was his father.
I have no idea what this refers to.
After all, Obama called FMD “Pops” in his book.
There can be many reasons why Obama has been secretive, about his past.
It seems that it is possible for a birth certificate to disappear from state records. The state of NJ says that they have no record of my sister’s birth, despite the fact that she once had a copy of the birth certificate and lost it. She had to have presented it to get a SS #, marriage license, etc, but all of a sudden the document no longer exists.
And you just skipped right over the previous reply without even bothering to answer the question.
Actually I was implying that the 'Russian Commie Print Mouthpiece' is more trustworthy than the American MainStream Media (NBCABCCBSPBSNPRNYTWASHPOST consortium).
But thanks for the clarification that pravda.ru is not the same as the Pravda 'newspaper'. I understand that all sources need to be taken with a grain of salt -- but I am sure that the U.S. MSM is pushing an agenda that I oppose, whereas I'll give the other sources a 'fair' hearing (until they prove their treachery).
They were familiar with the phrase "natural born subject" or "natural born citizen" as equivalent to "native-born subject" or "native-born citizen" or "subject from birth" or "citizen from birth."
They used "natural born citizen" because "natural born subject" had been used in Blackstone's Commentaries and other legal treatises which had taught them the law. Legal language is like that. Formulas and phrases are passed down through history.
"High crimes and misdemeanors" is another phrase that has a long history and has to be understood in light of that history. It doesn't mean officials can be impeached if they have enough traffic tickets.
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