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Status: Not Logged In; Sign In Corrupt Government See other Corrupt Government Articles Title: Illinois Board of Elections to hear Obama Eligibility Cases Feb. 2 Source: ObamaBallotChallenge URL Source: http://obamaballotchallenge.com/ill ... -obama-eligibility-cases-feb-2 Published: Feb 1, 2012 Author: Pamela Barnett Post Date: 2012-02-01 19:08:03 by Murron Keywords: None Views: 19081 Comments: 41 Illinois Board of Elections to hear Obama Eligibility Cases Feb. 2 Obama Ballot Challenge Illinois Jackson Hearing Feb. 2(function() { var scribd = document.createElement("script"); scribd.type = "text/javascript"; scribd.async = true; scribd.src = "http://www.scribd.com/javascripts/embed_code/inject.js"; var s = document.getElementsByTagName("script")[0]; s.parentNode.insertBefore(scribd, s); })(); Post Comment   Private Reply   Ignore Thread   Top • Page Up • Full Thread • Page Down • Bottom/Latest Begin Trace Mode for Comment # 26. #1. To: Murron (#0) I see that the Moonbats, for some odd reason, still hang their hat on Minor v. Happersett which was a right to vote case and not a case in which any class of citizen was defined. The only context of "citizen" in that case was a Missouri statute allowed male citizens to vote but not female citizens. Minor sued because she believed that the law was violative of the "privileges and immunities" clause of 14A. The court held that there is no right of ANY suffrage guaranteed in the USCON (the same theory that elected DumbDubv43 5-4). war  posted on  2012-02-01   19:33:42 ET  Reply   Untrace   Trace   Private Reply   #2. To: war, Murron (#1) I see that the Moonbats, for some odd reason, still hang their hat on Minor v. Happersett ... Your opinions on legal matters are as credible as they are on economic matters... which is to say, your words have all the value of two squirts of warm piss. You just post shit to derail the threads. Get a life, Obungler pole-smoker. Capitalist Eric  posted on  2012-02-01   19:43:33 ET  Reply   Untrace   Trace   Private Reply   #3. To: Capitalist Eric (#2) (Edited) MINOR v. HAPPERSETT, 88 U.S. 162 (1874) 88 U.S. 162 (Wall.) MINOR v. HAPPERSETT. October Term, 1874 [88 U.S. 162, 163] ERROR to the Supreme Court of Missouri; the case being thus: The fourteenth amendment to the Constitution of the United States, in its first section, thus ordains:1 'All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States, and of the State wherein they reside. No State shall make or enforce any law, which shall abridge the privileges or immunities of citizens of the United States. Nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction, the equal protection of the laws.' And the constitution of the State of Missouri2 thus ordains: 'Every male citizen of the United States shall be entitled to vote.' Under a statute of the State all persons wishing to vote at any election, must previously have been registered in the manner pointed out by the statute, this being a condition precedent to the exercise of the elective franchise. In this state of things, on the 15th of October, 1872 (one of the days fixed by law for the registration of voters), Mrs. Virginia Minor, a native born, free, white citizen of the United States, and of the State of Missouri, over the age of twenty-one years, wishing to vote for electors for President and Vice-President of the United States, and for a representative in Congress, and for other officers, at the general election held in November, 1872, applied to one Happersett, the registrar of voters, to register her as a lawful voter, which he refused to do, assigning for cause that she was not [88 U.S. 162, 164] a 'male citizen of the United States,' but a woman. She thereupon sued him in one of the inferior State courts of Missouri, for wilfully refusing to place her name upon the list of registered voters, by which refusal she was deprived of her right to vote. The registrar demurred, and the court in which the suit was brought sustained the demurrer, and gave judgment in his favor; a judgment which the Supreme Court affirmed. Mrs. Minor now brought the case here on error. Mr. Francis Minor (with whom were Messrs. J. M. Krum and J. B. Henderson), for the plaintiff in error, went into an elaborate argument, partially based on what he deemed true political views, and partially resting on legal and constitutional grounds. These last seemed to be thus resolvable: 1st. As a citizen of the United States, the plaintiff was entitled to any and all the 'privileges and immunities' that belong to such position however defined; and as are held, exercised, and enjoyed by other citizens of the United States. 2d. The elective franchise is a 'privilege' of citizenship, in the highest sense of the word. It is the privilege preservative of all rights and privileges; and especially of the right of the citizen to participate in his or her government. 3d. The denial or abridgment of this privilege, if it exist at all, must be sought only in the fundamental charter of government,-the Constitution of the United States. If not found there, no inferior power or jurisdiction can legally claim the right to exercise it. 4th. But the Constitution of the United States, so far from recognizing or permitting any denial or abridgment of the privileges of its citizens, expressly declares that 'no State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States.' 5th. If follows that the provisions of the Missouri constitution and registry law before recited, are in conflict with and must yield to the paramount authority of the Constitution of the United States. The Chief Justice Delivers The Opinion Of The Court: The amendment did not add to the privileges and immunities of a citizen. It simply furnished an additional guaranty for the protection of such as he already had. No new voters were necessarily made by it. Indirectly it may have had that effect, because it may have increased the number of citizens entitled to suffrage under the constitution and laws of the States, but it operates for this purpose, if at all, through the States and the State laws, and not directly upon the citizen. It is clear, therefore, we think, that the Constitution has not added the right of suffrage to the privileges and immunities of citizenship as they existed at the time it was adopted. This makes it proper to inquire whether suffrage was coextensive with the citizenship of the States at the time of its adoption. If it was, then it may with force be argued that suffrage was one of the rights which belonged to citizenship, and in the enjoyment of which every citizen must be protected. [88 U.S. 162, 172] But if it was not, the contrary may with propriety be assumed. ~~~~~~~~~~~~~~~~~~~~~~~~ Looks like you just got nailed with two squirts of warm piss... /asshole war  posted on  2012-02-01   19:52:42 ET  Reply   Untrace   Trace   Private Reply   #21. To: war (#3) (Edited) Looks like you just got nailed with two squirts of warm piss... /asshole Hmmm... you cite the minority opinion of Minor v. Happersett, hoping it won't be noticed. You misdirect the discussion away from what matters- why any citizen can be a Senator, for example, yet only a "natural born citizen" can be POTUS. Nice try. HERE is why the courts are hearing the cases, why oBungler won't show, and why even his attorneys won't show up to represent him. 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. The author above IS an attorney, and you're just a BS artist, who just pissed on his own shoes. Obungler's not a natural-born citizen. He is ineligible to be POTUS. He will not be re-elected, because his name will be stricken from the ballots. Those who attempt to write in the name for an ineligible candidate will have their votes tossed out. Sucks to be you. Capitalist Eric  posted on  2012-02-02   13:13:18 ET  Reply   Untrace   Trace   Private Reply   #24. To: Capitalist Eric (#21) (Edited) Obungler's not a natural-born citizen. He is ineligible to be POTUS. He will not be re-elected, because his name will be stricken from the ballots. Those who attempt to write in the name for an ineligible candidate will have their votes tossed out. And when that does not happen will you promise to never post here again? war  posted on  2012-02-02   13:19:52 ET  Reply   Untrace   Trace   Private Reply   #26. To: war (#24) And when that does not happen will you promise to never post here again? Damn.... Eric provides the perfect example of the current libertarian mindset. And we need someone who can post in large fonts. mininggold  posted on  2012-02-02   13:24:07 ET  Reply   Untrace   Trace   Private Reply   Replies to Comment # 26.         There are no replies to Comment # 26. End Trace Mode for Comment # 26. Top • Page Up • Full Thread • Page Down • Bottom/Latest

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