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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: 100971
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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#54. To: BorisY (#51)
It was offered here: The real issue in this is a President is not elected to these 49 United States, but Constitutionally must be elected by all 50 states, unless they have seceded from the Union as the Confederates did. Unless an event as that has taken place, the Constitution is not about Electoral Colleges or being ratified by Congress, but it is about the Union electing a President of all 50 states. Understand that any President can loose the popular vote as President Bush had, and win the electoral votes, along with numerous states, but no President can be President of these United States if he is not on the ballot or certified in all 50 states. Scholars have missed this ultimate check and balance in the "silence of the Constitution". No state can keep any legal candidate off the ballot, but a state can keep anyone off the ballot who does not provide legal documentation they are qualified to be President. That is the Constitution at it's core in the Articles concerning the Presidency. 49 states can state a fraud can be President in their super majority, but if one state demands proof and the candidate does not provide that legal proof, the one state in checks and balances can negate a national Presidential Election. ...The experts will try to state that …….. can not override a majority vote by 49 other states, ……………..A President must be accepted by all 50 states according to legal Constitutional requirements. Any subject failing to provide natural born status can legally be rejected by any one state, and that one state in its minority rights will negate the other 49 states in the check and balance the Founders left silently in the Constitution to protect America from threats domestic and foreign. It's 100% horseshit...
I'll believe that a corporation is a person 1 second after Texas executes one...
What about oral? Are you a gentleman? Ladies first?
I'll believe that a corporation is a person 1 second after Texas executes one...
Take the night off weirdo.
You'll ask Ming about abortion but how you make scrumpies is off limits? What a hypocrite...
I'll believe that a corporation is a person 1 second after Texas executes one...
Abortion is a legitimate political issue. She said the didn't care for it. Now I am waiting to know why she doesn't care for it. Why do you think she hasn't answered yet?
That's very deep.
Economics is a social phenomenon and in no way a “science”, no matter how desperately its high priests would like to have it believed otherwise. It is, instead, a branch of anthropology and the sooner that is recognized and accepted, the better off human-kind in general and the world of academic economics, in particular, shall be proximity1 We probably will see widespread civil disorder in the 1980s, as a direct result of our faltering economic system. Ron Paul
I'm going to run for City Council on the "How Does Stone Have Sex" ticket. Now your bedroom is a political issue.
I'll believe that a corporation is a person 1 second after Texas executes one...
Now your bedroom is a political issue. Is that the best you can do? Go war go run. Post us about it.
To: formosa Back when my stomach was strong enough to actually troll democrat underground, and even post there, it was pretty clear that most of the dummies don't recognize any limits at all to government as long as they get their free milk and cookies. Beyond that beer should be cheap and sex should be free and highly variable. They don't seem to be able to think beyond that level. True freedom carries sometimes awesome consequences and that thought terrifies them. I read an essay many years ago addressing the question of whether a free people had the right to vote themselves into slavery, and, sadly, they do, if they choose to ignore the Constitution and the lessons of history. "Progressives" hate the Constitution beyond all reason, unless they are able to manipulate it's intent and purpose. 15 posted on Friday, January 27, 2012 14:18:20 by SWAMPSNIPER (The Second Amendment, a Matter of Fact, Not a Matter of Opinion)
If you ... don't use exclamation points --- you should't be typeing ! Commas - semicolons - question marks are for girlie boys !
It's good enough. So...moaning..no moaning? Does your squirt gun have a hair trigger?
I'll believe that a corporation is a person 1 second after Texas executes one...
I'll bet that guy is anti-abortion and gay marriage...
I'll believe that a corporation is a person 1 second after Texas executes one...
Because like others with yout mental problem you need your boundaries to be reenforced and your obsessions not catered to.
Almost every country in the Middle East is awash in oil, and we have to side with the one that has nothing but joos. Goddamn, that was good thinkin'. Esso posted on 2012-01-13 7:37:56 ET
Quit playing games. Why don't you care for the practice of abortion? Or were you just making stuff up and now you don't know what to say?
Who are you to make such definitive statements? Oh, that's right... NOBODY STFU, you bloviating windbag socialist whore.
"If ye love wealth better than liberty, the tranquility of servitude than the animated contest of freedom, go from us in peace. We ask not your counsels or arms. Crouch down and lick the hands which feed you. May your chains sit lightly upon you, and may posterity forget that you were our countrymen!” -- Samuel Adams --
Quit acting retarded and seek help for your obsession.
Almost every country in the Middle East is awash in oil, and we have to side with the one that has nothing but joos. Goddamn, that was good thinkin'. Esso posted on 2012-01-13 7:37:56 ET
Just got that in my email. beautiful! Pam's Story In a recent email, I read about a woman named Pam, who knows the pain of considering abortion. More than 24 years ago, she and her husband Bob were serving as missionaries to the Philippines and praying for a fifth child. Pam contracted amoebic dysentery, an infection of the intestine caused by a parasite found in contaminated food or drink. She went into a coma and was treated with strong antibiotics before they discovered she was pregnant. Doctors urged her to abort the baby for her own safety and told her that the medicines had caused irreversible damage to her baby. She refused the abortion and cited her Christian faith as the reason for her hope that her son would be born without the devastating disabilities physicians predicted. Pam said the doctors didn't think of it as a life, they thought of it as a mass of fetal tissue. While pregnant, Pam nearly lost their baby four times but refused to consider abortion. She recalled making a pledge to God with her husband: If you will give us a son, we'll name him Timothy and we'll make him a preacher. Pam ultimately spent the last two months of her pregnancy in bed and eventually gave birth to a healthy baby boy August 14, 1987. Pam's youngest son is indeed a preacher. He preaches in prisons, makes hospital visits, and serves with his father's ministry in the Philippines . He also plays football. Pam's son is Tim Tebow. The University of Florida 's star quarterback became the first sophomore in history to win college football's highest award, the Heisman Trophy. His current role as quarterback of the Denver Broncos has provided an incredible platform for Christian witness. As a result, he is being called The Mile-High Messiah. Tim's notoriety and the family's inspiring story have given Pam numerous opportunities to speak on behalf of women's centers across the country. Pam Tebow believes that every little baby you save matters. I pray her tribe will increase! May the peace of our Lord Jesus Christ be with you always!
If you ... don't use exclamation points --- you should't be typeing ! Commas - semicolons - question marks are for girlie boys !
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.
The so called doctors should be put on trail for attempted murder.
Quit acting retarded and seek help for your obsession. Uh. You are the one having trouble answering a simple question on a debate forum. Are you here to debate or play games?
Who am I? Who AM I? Do you mean besides informed? Male 53...Gemini...I like midnight bar-b-ques, walks on the beach and schtupping frustrated haus fraus who were once mail order brides......
I'll believe that a corporation is a person 1 second after Texas executes one...
The case that Boris cited in his post, which wasn't a citizenship case but a right to vote case, clearly established two classes..."one is either naturalized or native thus natural born..." But I do appreciate you once again underscoring that even though your knowledge base suffers from a deficit you feel compelled to ACT like you know something anyway... We both know the fraud that is you Junior. We BOTH know.
I'll believe that a corporation is a person 1 second after Texas executes one...
I surprised she actually left that on here instead of editing it out.......
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!!!
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.
I'll believe that a corporation is a person 1 second after Texas executes one...
Speak for yourself. you are being the badgering, baitful idiot here. You use the issue at the drop of a hat as a foil to cover up your own intellectual laziness and gutlessness. She shouldn't answer; you don't deserve one.
You are forgetting this is a forum, not a court of law with you as a district attorney with her on the stand, with no judge to rule you out of order. From a personal basis of experience, you ignore my stand against abortion and constantly treat it suspect because it is a way to bait me for political views you can't stand. She has no need to answer you. It is you who needs to get a brain, dumb shit.
Are you here to debate or play games? A debate forum is not an inquisition forum with you as the inquisitor. I'm sorry you have so little power in your life that you have to try to make up for it on this forum, but that's not my problem. We've also had this tussle before and you appear to not be learning from experience.
Almost every country in the Middle East is awash in oil, and we have to side with the one that has nothing but joos. Goddamn, that was good thinkin'. Esso posted on 2012-01-13 7:37:56 ET
It's probably his Hair Trigger squirt gun...
I'll believe that a corporation is a person 1 second after Texas executes one...
I'm pro choice, pro life. You are pro abortion.
I like women. I'm married. Quit hitting on me. Go talk to meguro. He is your type.
So you think her making a statement then taking the cowards way out and not defend it is appropriate. Got you marked as a coward from now on.
Actions speak louder then words. You voted for a known abortionist. So you were pro death/murder until at least Nov 2008.
You said you didn't care for the practice of abortion. I think you are a liar. It would be easy to explain why you don't care for it. You talk about everything else. You are a coward, a liar, or stupid. Maybe all three. So go ahead and tell us why you don't care for the practice of abortion.
Yet you believe in the right of kings to split innocent children in two to settle a squabble between two women.
Almost every country in the Middle East is awash in oil, and we have to side with the one that has nothing but joos. Goddamn, that was good thinkin'. Esso posted on 2012-01-13 7:37:56 ET
It's been a practice in EVERY culture on earth. I don't care for it myself. That is a start. That last sentence has to be the best post you have ever made. Why don't you care for the practice?
That is a start. That last sentence has to be the best post you have ever made. Why don't you care for the practice? I already told you I will NOT play into your obsessions which have not one lick to do with abortion either pro or con. (EDITED OUT) I thought you said you didn't change poster's words. Omitting them changes the tenor of the post and makes you out to be lying again, just to get your juvenile way.
Almost every country in the Middle East is awash in oil, and we have to side with the one that has nothing but joos. Goddamn, that was good thinkin'. Esso posted on 2012-01-13 7:37:56 ET
Why don't you care for the practice of abortion. You said you didn't. Why is that. Did you have an abortion and now you feel guilty? Did you tell your daughter to get an abortion and now you feel guilty you have no grandchildren? What is it that would make you say "I don't care for the practice" referring to abortion? Please give an honest answer and show libtards can tell the truth. I don't think you have it in you. Prove me wrong.
Almost every country in the Middle East is awash in oil, and we have to side with the one that has nothing but joos. Goddamn, that was good thinkin'. Esso posted on 2012-01-13 7:37:56 ET
Obama's opinion on abortion is one of not liking it, but supporting a woman's right to chose to get one. Nobody in their right mind slams others against abortion because they don't refuse to have anything to do with someone who doesn't like abortion, but believes others have the right to make up their own minds on the topic. I disagree with Obama enough to not ant to vote for him this election, but I do not hate him personally. So according to your fucked up way to screw with people, I am pro-abortion unless I loath someone completely who does not feel exactly like you do anyway. In other words, you are an immature baby who tries to manipulate people using the abortion issue as a one size fits all taunt. Fuck off. I am not going to refuse human contact with people who feel differently than me on an issue, and I certainly do not care that you are a baby that tries to tell me I was for something when I was and am not.
Liar. You are not in any way shape or form "pro-life". You are pro-gestation even at the cost of the mother's life.
I'll believe that a corporation is a person 1 second after Texas executes one...
Yea so? That doesn't answer any of the questions posed to you. Quit hitting on me. Go talk to meguro. He is your type. When the going gets tough the weak make fag jokes...
I'll believe that a corporation is a person 1 second after Texas executes one...
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Top • Page Up • Full Thread • Page Down • Bottom/LatestDo you think this has any substantiation in fact?
#55. To: A K A Stone (#47)
#56. To: war (#55)
#57. To: A K A Stone (#56)
#58. To: war, miningold (#57)
#59. To: war (#54)
...check and balance the Founders left silently in the Constitution...
#60. To: A K A Stone (#58)
#61. To: war (#60)
I'm going to run for City Council on the "How Does Stone Have Sex" ticket.
#62. To: war, ferret, fred (#60)
#63. To: A K A Stone (#61)
Is that the best you can do?
#64. To: BorisY (#62)
#65. To: A K A Stone (#58)
Abortion is a legitimate political issue. She said the didn't care for it. Now I am waiting to know why she doesn't care for it. Why do you think she hasn't answered yet?
#66. To: mininggold (#65)
#67. To: war (#44)
There are 2 classes of citizens, Junior...natural born and naturalized. There is no difference between native born and natural born. Period. /asshole
#68. To: A K A Stone (#66)
Quit playing games.
#69. To: A K A Stone (#66)
#70. To: mininggold (#41)
So you are against abortion? You don't think it is an unalienable right?
#71. To: BorisY (#69)
Doctors urged her to abort the baby for her own safety
#72. To: mininggold (#68)
Quit playing games.
#73. To: Capitalist Eric (#67)
(Edited)
Who are you to make such definitive statements?
#74. To: Capitalist Eric (#67)
(Edited)
#75. To: A K A Stone (#70)
Why don't you care for the practice of abortion.
#76. To: CZ82 (#75)
(Edited)
#77. To: A K A Stone (#70)
"Are you to dumb to answer? I think you are."
#78. To: A K A Stone (#72)
(Edited)
"Uh. You are the one having trouble answering a simple question on a debate forum."
#79. To: A K A Stone (#72)
(Edited)
Uh. You are the one having trouble answering a simple question on a debate forum.
#80. To: mininggold (#79)
I'm sorry you have so little power in your life that you have to try to make up for it on this forum, but that's not my problem.
#81. 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.
#82. To: war (#76)
Notice how Stone refuses to answer any question about his sexual preferences and practices?
#83. To: Ferret Mike (#77)
She shouldn't answer
#84. To: Ferret Mike (#78)
From a personal basis of experience, you ignore my stand against abortion
#85. To: mininggold (#79)
We've also had this tussle before and you appear to not be learning from experience.
#86. To: A K A Stone (#81)
I'm pro choice, pro life. You are pro abortion.
#87. To: mininggold (#86)
#88. To: A K A Stone (#87)
(Edited)
It's been a practice in EVERY culture on earth. I don't care for it myself.
#89. To: mininggold (#88)
#90. To: A K A Stone (#89)
#91. To: A K A Stone (#84)
(Edited)
"Actions speak louder then words. You voted for a known abortionist. So you were pro death/murder until at least Nov 2008."
#92. To: A K A Stone (#81)
#93. To: A K A Stone (#82)
I like women. I'm married.
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