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Title: The Dirty “little” Secret Of ...The Natural Born Citizen Clause --- Revealed.
Source:
naturalborncitizen.wordpress.com
URL Source: http://naturalborncitizen.wordpress ... -born-citizen-clause-revealed/
Published: Jan 27, 2012
Author: Leo Donofrio
Post Date: 2012-01-27 14:14:32 by BorisY
Keywords: native, naturalized - immigrant, natural - parents
Views: 101037
Comments: 232
Natural Born Citizen Respecting the Constitution The Current INS Officially Recognizes A Delineation Between Natural-Born and Native-Born. The Dirty “little” Secret Of The Natural Born Citizen Clause Revealed. I have emphasized the word “little” because the truth of the law on this issue is very simple, folks. So simple that the mystery is deciphered by application of one of the most clear, concise and undeniable rules of law; the code of statutory construction governs, and therefore, “natural born Citizen” must require something more than being born in the United States. Let me put it to you in appropriately simple language: Clause A = “Only a natural born Citizen may be President.” Clause B = “Anyone born in the United States is a Citizen.” (While these two clauses reflect Article 2, Section 1, and the 14th Amendment, I shall refer to them as “Clause A” and “Clause B” for now.) The code of statutory construction is learned by every student in law school, and every practicing attorney has confronted it. Every judge is required to apply the rule equally to all statutes, and the Constitution. There is no wiggle room at all. The rule states that when a court examines two clauses, unless Congress has made it clear that one clause repeals the other, the court must observe a separate legal effect for each. More specifically, regardless of the chronology of enactment, the general clause can never govern the specific. Clause B is a general rule of citizenship, which states that all persons born in the country are members of the nation. Clause A is a specific clause that says only those members of the nation who are “natural born” may be President. According to the rule of statutory construction, the court must determine that Clause A requires something more than Clause B. It’s truly that simple. This is not some crazy conspiracy theory. It’s not controversial. This is not rocket science. Every single attorney reading this right now knows, beyond any shadow of a doubt, that I have accurately explained the rule of statutory construction to you. Any attorney who denies this rule, is lying. The rule cannot be denied. And its simplicity cannot be ignored. Now let’s see what the United States Supreme Court has to say about the rule: “Where there is no clear intention otherwise, a specific statute will not be controlled or nullified by a general one, regardless of the priority of enactment. See, e. g., Bulova Watch Co. v. United States, 365 U.S. 753, 758 (1961); Rodgers v. United States, 185 U.S. 83, 87 -89 (1902). The courts are not at liberty to pick and choose among congressional enactments, and when two statutes are capable of co-existence, it is the duty of the courts, absent a clearly expressed congressional intention to the contrary, to regard each as effective. “When there are two acts upon the same subject, the rule is to give effect to both if possible . . . The intention of the legislature to repeal `must be clear and manifest.’ ” United States v. Borden Co., 308 U.S. 188, 198 (1939).” Morton v. Mancari, 417 U.S. 535, 550-551 (1974). This is what I mean by no wiggle room – “The courts are not at liberty to pick and choose among congressional enactments…” Any court construing Clause A is not at liberty to assume that Congress intended to put the words “natural born” into Clause B. The general does not govern the specific, and the rule requires the court to “give effect to both if possible”. Is it possible to give separate effect to both Clause A and Clause B? Yes. The Constitution tells us that any Citizen can be a Senator, or Representative, but that to be President one must be a “natural born Citizen”. The Constitution specifically assigns different civic statuses to “Citizens” and “natural born Citizens”. Therefore, not only is it possible to give separate effect to both Clause A and Clause B, it is absolutely required by law, and no court has the ability to circumvent the rule. 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. Deputy Chief Judge Malihi explained the rule of statutory construction in his denial of candidate Obama’s Motion to Dismiss, wherein his opinion of the Court stated: “Statutory provisions must be read as they are written, and this Court finds that the cases cited by Defendant are not controlling. When the Court construes a constitutional or statutory provision, the ‘first step . . . is to examine the plain statutory language.’ Morrison v. Claborn, 294 Ga. App. 508, 512 (2008). ‘Where the language of a statute is plain and unambiguous, judicial construction is not only unnecessary but forbidden. In the absence of words of limitation, words in a statute should be given their ordinary and everyday meaning.’ Six Flags Over Ga. v. Kull, 276 Ga. 210, 211 (2003) (citations and quotation marks omitted). Because there is no other ‘natural and reasonable construction’ of the statutory language, this Court is ‘not authorized either to read into or to read out that which would add to or change its meaning.‘ Blum v. Schrader, 281 Ga. 238, 240 (2006) (quotation marks omitted).” Order On Motion To Dismiss, Deputy Chief Judge Malihi, Jan. 3, 2012, pg. 3. (Emphasis added.) Therefore, the term “natural born” must be considered as requiring something more than simple birth in the country. And Judge Malihi states, quite clearly, in his ruling above, that the Court “is not authorized to read into or to read out that which would add to or change its meaning.” The rule is the same for election statutes in Georgia as it is for the Constitution of the United States. The rule of statutory construction, with regard to the Constitution, was best stated by Chief Justice Marshall in Marbury v. Madison, 5 U.S. 137 (1803): “It cannot be presumed that any clause in the constitution is intended to be without effect; and therefore such construction is inadmissible, unless the words require it.” Id. 174. (Emphasis added.) If the 14th Amendment was held to declare that all persons born in the country, and subject to the jurisdiction thereof, were natural-born citizens, then the “natural born Citizen” clause would be rendered inoperative. It would be superfluous. And its specific provision would, therefore, be governed by the general provision of the 14th Amendment. The United States Supreme Court has determined that it is inadmissible to even make that argument. Any genuine construction of the “natural born Citizen” clause must begin from the starting point that it requires something more than citizenship by virtue of being born on U.S. soil. Minor v. Happersett, 88 U.S. 162 (1874), tells you exactly what that something is; citizen parents. Leo Donofrio, Esq. [For a more detailed analysis of this issue, please see my Amicus Brief entered in the Georgia POTUS eligibility cases.] [See commenting rules here.]
Poster Comment: People who can't figure this out shouldn't be allowed to vote - citizenship !
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Begin Trace Mode for Comment # 163.
#10. To: BorisY (#0)
(Edited)
Bullshit. They used "natural born" to distinguish from those born prior to the USCON's adoption. No person except a natural born citizen, or a citizen of the United States, at the time of the adoption of this Constitution, shall be eligible to the office of President; neither shall any person be eligible to that office who shall not have attained to the age of thirty five years, and been fourteen Years a resident within the United States.
At the time are exempt - grand fathered ! After ... Age - resident - NATURAL BORN (( parents )) !
Parentage has nothing to do with it. Citizenship laws in the US are based first jus soli... Citizenship was conferred at the adoption of the USCON regardless of where they had been born or who their parents were. Given that, the Framers were hardly going to parse from thereafter to a most restrictive definition.
Higher office - higher qualifications ! GROW THE FUCK UP ! This isn't about voting !
One either acquires citizenship at birth, is natural born citizen; or acquires citizenship later in life, is a naturalized citizen. There is no third category of citizenship.
Natural (( parents )) ELIGIBLE ... native (( anchor status )) - naturalized (( immigrant )) --- INELIGIBLE !
What in the world does that mean?
1 - Natural (( parents )) ELIGIBLE ... native (( NO parentS - anchor status )) - naturalized (( immigrant )) --- 2 & 3 INELIGIBLE ! 4 - Divine - royalty - obombammies !
Oh I see, you're creating a third class of citizenship. Good luck with that!
Bimbo: Oh I see, you're creating a third class of citizenship. Good luck with that! Your willful ignorance is getting old. Boris is right. You're wrong, so shut up.
BorisY: 1 - Natural (( parents )) ELIGIBLE ... native (( anchor status )) - naturalized (( immigrant )) --- 2 & 3 INELIGIBLE ! Bimbo: "Oh I see, you're creating a third class of citizenship. Good luck with that!" CE: "Your willful ignorance is getting old. Boris is right. You're wrong, so shut up." Ignorance - can be corrected through education. Stupid - is a birthright often passed down in families but sometimes organizationally inherited. Stupid is a choice.
Trying to get a pass by being a fatherless child ! how about the divorce - adoption !
Good point, and from what I have gathered, he never had his named changed back from 'Barry Sotoroe'. But I think the most damning evidence is, his father not being a US citizen, but a British Subject. They can smear all the lipstick on that pig they want, but it will still be a PIG! For him to be eligible, BOTH parents have to be US Citizens.
FOX News 5 did cover and report this in Georgia. There are, I think, 3 videos that covered the court proceedings, if you'd like them posted, just let me know!
Obama's father was a "citizen of Africa" - that's a good one.
Obama didn't show up in court. He thinks he is a dictotor. He is a dick. Impeach the asshole.
And you think you are God. It's up to the judge to make that decision, it's his/her court.
Actually that would be you. Who think you can kill a baby and claim it to be the most virtuous of all human acts.
And you think you can put words into other's mouths, when you can't find the facts to argue your case. That's typical of BPD. Did King Solomon offer to split a baby in two or did he not? And not one person in the Bible denied he had the right and the power to do so
So you are against abortion? You don't think it is an unalienable right?
It's been a practice in EVERY culture on earth. I don't care for it myself.
It's been a practice in EVERY culture on earth. I don't care for it myself. I think you are lying again. Why don't you care for the practice of abortion. Are you to dumb to answer? I think you are.
I surprised she actually left that on here instead of editing it out.......
You folks have been so brainwashed that you believe that anyone who is pro-choice finds abortion to be preferable to anything else. Notice how Stone refuses to answer any question about his sexual preferences and practices? Do you know why? He does. It's the "why" he won't answer. He *thinks* that he has a right to privacy. Right there is the Achilles Heal of the pro-gestation movement. He naively claims that sex is not a political issue when, given gay marriage, sodomy laws, deviant sexual behavior laws etc etc etc sex most certainly IS a political issue.
If that's what you want to think, go for it...... But.... Why is it then that abortion is just being using as a tool to "clean up the mess" caused by a total lack of cognitive thought????? About 90% or more of abortions procedures done are for that very reason instead of what it should be used for.... That's why some people find abortion disgusting and those who are pro-abortion to be lacking morals.....
When you folks feel some sort of empathy for the post natal care of babies and children then you can lecture me about morals.
This is related to what I said before about total lack of cognitive thought process..... They put themselve into a situation they don't know how or want to deal with..... If they had stopped to "REALLY" think about what they were doing instead of the "Do it if it feels good" attitude then the abortion and/or the post natal abuse would have been avoided..... But then again why think, that takes too much time, effort and common sense...... something that is sorely lacking in todays world..... hence the popularity of abortion, the solution for terminal stupidity!!!!!!!!
What has that got to do with the conservative's lack of care and concern for babies and children.
You "ASSUME" that "SOME" Conservatives don't care about a babies welfare just because they oppose abortion!!!! Do you want to give the baby a chance to have the chance at a happy life (foster homes are an option) or do you just think it's easier to have the baby blendered???? But the point is "THINK" before you drop your britches!!!!!!!!!!!!!
No, just wondering how you can argue right to life and against right to health care.
Why are we letting someone who has shown they lack cognitive thought decide if the child should live or die?????? Only a small percentage of abortions are done because of health problems to the child/mother or because of rape/incest..... So why then does the child have to die just because it's mother is stupid???? Why doesn't it have the right to live???? I don't have a problem with people getting HealthCare as long as they can pay for the services and the bureaucrats stay the hell out of it!!!!
I don't have a problem with people getting HealthCare as long as they can pay for the services and the bureaucrats stay the hell out of it!!!! However if a unborn child happens to occupy the womb of one of your stupid mothers too poor to afford pre-natal medical care then it's ok for that baby to die of a treatable medical condition, right?
My question is why is she pregnant to start with when she knows she can't afford it????? Why is it we spend so much taxpayer money on "TRYING" to fix the stupid things stupid people do?????? Instead of spending the money wisely and educating them.. Ohhhh that's right that means they would be too smart to vote for those "STUPID" politicians!!!! Free Prenatal Care, Low or No Cost Prenatal Care By Robin Elise Weiss, LCCE, About.com Guide Prenatal care is important for a healthy pregnancy. Sometimes pregnancy occurs and you are not ready. This can often mean the lack of quality prenatal care. This lack of prenatal care can be dangerous because you do not have anyone to help you figure out the ins and outs of pregnancy or to pick up on the rare serious complication. In essence, without prenatal care, you have no life guard. Here are some places that you can look for locally to help you get prenatal care: • Local Health Department Your local health department will be able to tell you where a prenatal care clinic is run. They may have one that they run or can help you find free or reduced prices on prenatal care depending on your income level. You can call 1- 800-311-BABY (1-800-311-2229) to connect you to your local health care department. This information is also available in Spanish by calling 1-800-504- 7081. • Local Medical School If you live in an area with a medical school or even have a bigger medical school in your state, even if it is not in your town, call their clinics. They often run clinics for prenatal care both at the medical school and in local towns within a certain distance. These are staffed by trained and qualified doctors and midwives who are training residents (doctors who have graduated from medical school but are learning the specialty of obstetrics), midwives and sometimes student doctors and nurses. Costs will vary depending on income. • Planned Parenthood There are many cities that are serviced by Planned Parenthood. They do provide sliding scale prenatal care. This means it will be based on your ability to pay. • Medicaid This is a sponsored program for women who do not have the money to pay for prenatal care. After the application process, you will be given a list of providers of care. This should include doctors and midwives in your area who have already agreed to take Medicaid. They will provide you with the exact same medical care as private pay or insurance based patients. Check in the blue pages of your phone book. • Other Resources You may have local resources that are helpful for finding prenatal care. It may be that your religious family has a prenatal care provider who will work with you. Or perhaps you can make payment arrangements with a local midwife or doctor. Be up front about your situation. Be truthful about what you can and can't afford.
She's stupid, remember. Would your death panel deny her and her unborn baby medical care because she's stupid? Instead of spending the money wisely and educating them.. Ohhhh that's right that means they would be too smart to vote for those "STUPID" politicians!!!! I'm all for education. It seems to work pretty well to reduce unwanted pregnancy and abortion rates in socialist, old Europe. Here are some places that you can look for locally to help you get prenatal care: Aren't conservatives working hard to eliminate funding for Planned Parenthood? Medcaid, there's another on the conservative hit list. Medical schools - how many get by with no government (taxpayer) money? Local health department - we know where their money comes from.
If they thought they were getting their monies worth I don't think they would squawk, but I would say they don't think abortion is worth funding!!!!
Ann Coulter. Oh, and the exact quote was "It would be a much better country if women did not vote." Coulter is as much a crazed neocon as Newt, but I have to give her credit: she certainly gives the liberal morons fits. :) Some other choice quotes: That was the theme of the Million Mom March: I don't need a brain — I've got a womb. God said so: Go forth, be fruitful, multiply, and rape the planet — it's yours. I think [women] should be armed but should not vote ... women have no capacity to understand how money is earned. They have a lot of ideas on how to spend it ... it's always more money on education, more money on child care, more money on day care. Liberals don't read books – they don't read anything … That's why they're liberals. They watch TV, absorb the propaganda, and vote on the basis of urges. Liberals don't read books – they don't read anything … That's why they're liberals. They watch TV, absorb the propaganda, and vote on the basis of urges. Democrats cannot conceive of "hate speech" towards Christians because, in their eyes, Christians always deserve it. Being a Christian means that I am called upon to do battle against lies, injustice, cruelty, hypocrisy — you know, all the virtues in the church of liberalism. The tolerant liberal suddenly becomes very intolerant when their official religion is challenged. If someone enters the teaching profession for the big bucks, aren't they too stupid to be teaching our kids? Liberals have managed to eliminate the idea of manly honor. Instead, all they have is womanly indignation. Democrats want to turn the entire citizenry into welfare recipients. Liberals are hopping mad because Rush Limbaugh referred to phony soldiers as "phony soldiers." … True, all Democrats in the military are not phony soldiers, but all phony soldiers seem to be Democrats. The reason [Liberals] sob about the dark night of fascism under McCarthy is to prevent Americans from ever noticing that liberals consistently attack their own country.
ROTFLMAO!!!!!!
There are no replies to Comment # 163. End Trace Mode for Comment # 163.
Top • Page Up • Full Thread • Page Down • Bottom/LatestHad 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.
#11. To: war (#10)
(Edited)
#14. To: BorisY (#11)
#16. To: war (#14)
#17. To: BorisY (#16)
Higher office - higher qualifications !
#18. To: lucysmom (#17)
#19. To: BorisY (#18)
Natural (( parents )) ELIGIBLE ... native (( anchor status )) - naturalized (( immigrant )) --- INELIGIBLE !
#20. To: lucysmom (#19)
(Edited)
#22. To: BorisY (#20)
1 - Natural (( parents )) ELIGIBLE ... native (( anchor status )) - naturalized (( immigrant )) --- 2 & 3 INELIGIBLE !
#24. To: lucysmom, BorisY (#22)
BorisY: 1 - Natural (( parents )) ELIGIBLE ... native (( anchor status )) - naturalized (( immigrant )) --- 2 & 3 INELIGIBLE !
#28. To: Capitalist Eric, lucysmom, BorisY (#24)
#29. To: Murron (#28)
#30. To: BorisY (#29)
"how about the divorce - adoption !"
#33. To: BorisY, A K A Stone, All (#30)
Murron: "But I think the most damning evidence is, his father not being a US citizen, but a British Subject. For him to be eligible, BOTH parents have to be US Citizens."
#34. To: Murron (#33)
#35. To: lucysmom (#34)
#37. To: A K A Stone (#35)
Obama didn't show up in court. He thinks he is a dictotor. He is a dick. Impeach the asshole.
#38. To: mininggold (#37)
And you think you are God.
#39. To: A K A Stone (#38)
(Edited)
Actually that would be you. Who think you can kill a baby and claim it to be the most virtuous of all human acts.
#40. To: mininggold (#39)
And you think you can put words into other's mouths, when you can't find the facts to argue your case. That's typical of BPD.
#41. To: A K A Stone (#40)
So you are against abortion? You don't think it is an unalienable right?
#70. To: mininggold (#41)
So you are against abortion? You don't think it is an unalienable right?
#75. To: A K A Stone (#70)
Why don't you care for the practice of abortion.
#76. To: CZ82 (#75)
(Edited)
#118. To: war (#76)
You folks have been so brainwashed that you believe that anyone who is pro-choice finds abortion to be preferable to anything else.
#121. To: CZ82 (#118)
#122. To: war (#121)
When you folks feel some sort of empathy for the post natal care of babies and children then you can lecture me about morals.
#123. To: CZ82 (#122)
This is related to what I said before about total lack of cognitive thought process..... They put themselve into a situation they don't know how or want to deal with..... If they had stopped to "REALLY" think about what they were doing instead of the "Do it if it feels good" attitude then the abortion and/or the post natal abuse would have been avoided.....
#124. To: lucysmom (#123)
What has that got to do with the conservative's lack of care and concern for babies and children
#131. To: CZ82 (#124)
You "ASSUME" that "SOME" Conservatives don't care about a babies welfare just because they oppose abortion!!!!
#133. To: lucysmom (#131)
No, just wondering how you can argue right to life and against right to health care.
#137. To: CZ82 (#133)
So why then does the child have to die just because it's mother is stupid???? Why doesn't it have the right to live????
#154. To: lucysmom (#137)
However if a unborn child happens to occupy the womb of one of your stupid mothers too poor to afford pre-natal medical care then it's ok for that baby to die of a treatable medical condition, right?
#156. To: CZ82 (#154)
My question is why is she pregnant to start with when she knows she can't afford it?????
#159. To: lucysmom (#156)
Aren't conservatives working hard to eliminate funding for Planned Parenthood?
#160. To: CZ82 (#159)
Quiz of the Day: Who made the statement "The world would be a better place if only Men were to vote?????? HINT: It was a woman!!!
I have to say I'm all for public flogging. One type of criminal that a public humiliation might work particularly well with are the juvenile delinquents, a lot of whom consider it a badge of honor to be sent to juvenile detention. And it might not be such a cool thing in the 'hood' to be flogged publicly.
#163. To: Capitalist Eric (#160)
Liberals don't read books – they don't read anything … That's why they're liberals. They watch TV, absorb the propaganda, and vote on the basis of urges.
Replies to Comment # 163.
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