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To: Nero Germanicus
The “Natural Born Citizen” section of the ruling begins on Page 10. The quotation above is in specific reference to Barack Obama.

Sorry, but a "specifice reference" would contain his name. The part you quoted does NOT contian his name. They COULDN'T say that Obama was a natural-born citizen because they had no legal proof Obama was born in the United States. Read the decision. As I explained to rogers, this is a circular statement. Look at the first part: they says, "Based on the language of the Article II, Section I, Clause 4: ... nothing in that language says persons are NBC if they are born in within the United States "regardless of the citizenship of their parents." And the court admitted by footnote that there is no "guidance" in Wong Kim Ark that makes ANYONE a natural-born citizen "regardless of the citizenship of their parents."

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 ...

All they did was create a reason NOT to accept the plaintiffs' argument AND to say the lower court did not err. That's not the same thing as making a positive declaration that Obama is a natural-born citizen.

181 posted on 02/15/2013 9:21:13 PM PST by edge919
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To: edge919

There were only two persons under consideration in Ankeny v Daniels, John McCain and Barack Obama. The three judge panel had already discussed Senator McCain’s eligibility and they then moved on to discuss Barack Obama.
The section of the decision that I referenced begins with: “With regard to President Barack Obama, the Plaintiffs posit that because his father was a citizen of the United Kingdom, President Obama is constitutionally ineligible to assume the Office of the President.” Everything that follows is in reference to Obama.
Parse the words of the ruling to your heart’s content. The Ankeny ruling ordered that Indiana Governor Mitch Daniels was found to have acted properly in issuing Certificates of Ascertainment for the Indiana Electoral votes to Barack Obama’s Electors in 2008.

The plaintiffs had stipulated in the original jurisdiction lawsuit that Barack Obama was born in Hawaii. This lawsuit was based on the legal theory that Barack Obama Senior’s birth in Kenya, East Africa rendered his son ineligible under Emerrich de Vatell’s Law of Nations position on natural born citizens.

The Ankeny ruling has been used as precedent in many subsequent eligibility decisions. For example, in Larry Klayman’s Florida ballot challenge, the judge hearing the reconsideration lawsuit after the first lawsuit was dismissed quoted from the Ankeny decision: Voeltz v Obama (2nd Ruling), Judge John C. Cooper, Leon County, Florida Circuit Court: “In addition, to the extent that the complaint alleges that President Obama is not a “natural born citizen” even though born in the United States, the Court is in agreement with other courts that have considered this issue, namely, 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.”—September 6, 2012
http://judicial.clerk.leon.fl.us/image_orders.asp?caseid=77182640&jiscaseid=&defseq=&chargeseq=&dktid=57485906&dktsource=CRTV


183 posted on 02/16/2013 1:18:30 AM PST by Nero Germanicus
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