This has the making of being the next media scrum and cause of panic in Chicago Obot HQ!
BUMP!
Klayman needs to cite MORE than just Minor v. Happersett. The Wong Kim Ark decision affirmed Minor’s definition of NBC and didn’t use the NBC term to characterize its appellant. Wong Kim Ark affirmed the 14th amendment does NOT define natural-born citizenship.
Further than this, Luria v. United States cites the Minor decision as a legal precedent on defining the eligibility clause as pertaining to “native citizens.” Luria does NOT cite Wong Kim Ark at all on this clause. It means that Minor is THE Supreme Court precedent. The one point, however, that needs to be explained is that Minor defined native citizens the exact same as natural-born citizens: as children born in the country to parents who were its citizens. It also needs to be explained that Minor reviewed ALL other ways to become a citizen, but it only characterized one class of citizens as natural-born.
Some Foggers point to the second class of birth citizenship in Minor, claiming the “doubt” leaves open the question of natural-born citizenship, but this is false. If there was a doubt about such persons being citizens, then resolving that doubt would require making a statutory interpretation that goes beyond the “NATURAL” part of the characterization of natural-born citizenship.
Further yet, Wong Kim Ark resolved the doubt expressed in Minor by affiriming the second class of birth citizens was a completely DIFFERENT class of citizenship than NBC, and that it only applies to the children of resident aliens who must have permanent residence and domicil. Obama’s father was not a resident alien (which is proved by his immigration files) and Obama’s mama’s citizenship is irrelevant under the WKA decision and under the legal precedent in Shanks v. Dupont that says the natural citizenship status of married women is governed by the Law of Nations.
This makes FOUR separate Supreme Court cases that preclude Obama from being Constituonally eligible. There is no higher judicial authority. Obama’s occupation of the White House is a de facto occupation, but is Constitutionally illegitimate. The smartest thing for the court to do is err on the side of the only known Supreme Court precedent, which means vacating Obama from the Florida ballot.
In all the cases so far, no court of original jurisdiction has issued a ruling defining the term “Natural Born Citizen”. If this court rules on that specific issue, regardless of whether or not he finds that two citizen parents are required, the basic issue is subject to appeal. It would be better if the original ruling held that two citizen parents were required because Oboma would then have the burden of challenging a legitimate judicial decision. But in either event, if the case can ever be gotten on the appeal track, it will have to be argued on the basis of law, not politics or emotion.
The most important thing is to finally get a decision, one way or the other, on the core issue of what is required to be a “Natural Born Citizen”. While the U.S. Supreme Court is the only entity that can give a final answer to that question, they must have a case on appeal before they can take jurisdiction. Hopefully, this case may finally prove to be that vital first step.
And this one’s in a key swing state!
This judge better hire some added security, and change the routes he takes to work.
Breitbart is dead, too.
That is, I would like for him to say something like the following in court to both sides:
"Before I can make a decision, I want to see and examine a certified copy of President Obama's long form birth certificate, one that comes directly from Hawaii officials and not one that comes courtesy of President Obama and the White House. "
I think that such a statement would surely shake up the people at the White House just a little bit, if not more.
So he's going after the two parent rule. The sticking point in the definition may be the naturalization period and the status of children born in the country during naturalization because it affects both Rubio and Jindal who were born here during their parents' naturalization. Obama's father on the other hand never naturalized and was always a foreign national.