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And yet (as has been pointed out to you), there are unchallenged lower court decisions which, in fact, DO define the term and do apply to Obama as part of a greater grouping of people - and they have NOTHING to do with Vattel's definition.
Well that's very nice but...since your opinion, and what is recorded in case law don't agree, why would your *opinion* of the founding father's writings have merit?
Which it did a poor job of doing IMO - but hey, that's just me. Why is "entertainment" useful at this juncture of the discussion?
I certainly never said I thought it was empirical evidence either. I was simply pointing out the flaws it held in supporting ANY position you were advocating.
Originally posted by ontarff
You forgot to include
It doesn't get more explicit from my point of view than that.
Considering the circumstances surrounding the framing of the Constitution, I submit that it is unreasonable to conclude that "natural-born citizen" applied to everybody born within the geographical tract known as the United States, irrespective of circumstances, and that the children of foreigners, happening to be born to them while passing through the country, whether of royal parentage or not, or whether of the Mongolian, Malay or other race, were eligible to the Presidency, while children of our citizens, born abroad, were not.
The dissent was fully aware that the majority’s opinion meant that “everybody born within ... the United States, irrespective of circumstances,” including “the children of foreigners,” “were eligible to the Presidency.”
I don’t think so.
Originally posted by ontarff
So, does this infer that Hawaii DoH could also allow the original hard copy typed BC to be released as well using a waiver for release? I don't know.
(a) Subject to the requirements of sections 338-16, 338-17, and 338-18, the department of health shall, upon request, furnish to any applicant a certified copy of any certificate, or the contents of any certificate, or any part thereof.
(c) Copies may be made by photography, dry copy reproduction, typing, computer printout or other process approved by the director of health.
On the basis of the 14th Amendment, however, the majority opinion coined a new definition for “native citizen”, as anyone who was born in the U.S.A., under the jurisdiction of the United States. The Court gave a novel interpretation to jurisdiction, and thus extended citizenship to all born in the country (excepting those born of ambassadors and foreign armies etc.); but it did not extend the meaning of the term “natural born citizen.”
Finally it should be noted, that to define a term is to indicate the category or class of things which it signifies. In this sense, the Supreme Court of the United States has never applied the term “natural born citizen” to any other category than “those born in the country of parents who are citizens thereof”. Hence every U.S. Citizen must accept this definition or categorical designation, and fulfil his constitutional duties accordingly. No member of Congress, no judge of the Federal Judiciary, no elected or appointed official in Federal or State government has the right to use any other definition; and if he does, he is acting unlawfully, because unconstitutionally.
Originally posted by grey580
I'm done replying to this thread. It's apparent that no amount of discussion is going to change your mind.
But I'm going to say the following.
He was born in Hawaii.
He's a citizen.
He's the President.
As far as I am concerned. We agree to disagree.
Whether you like it or not.
And there's nothing you can do about it.
Originally posted by ontarff
I don't believe the Director of the Hawaiian DoH Chiyome Fukino or Governor Abecrombie. Neither have backed up their statements with empirical evidence.
Again, I will repeat, a group/committee of unbiased professional non-govermental professional experts in document fraud.
I am getting tired of having to repeat myself on this thread. This is turning into a never ending circle.
The other 113 page ATS thread that covers most of the questions asked is HERE. I would suggest that people do some reading to enlighten themselves. Geez!
Originally posted by Kitilani
reply to post by ontarff
Do you even understand how to read a court decision? Do you know what the dissenting opinion means? Do you know what the majority opinion means?
Originally posted by ontarff
I have already answered your question above. I don't know how to make it any clearer to you. Maybe you posted before you read my response to aptness.
Actually, I just asked you one very specific question and you have not answered any where in this thread so you need to take your deflective attitude and couch it, homes. If you cannot answer a simple question, you should probably get back to your crayons before they close the day room.
What would be the point of releasing the actual internal record anyway? How would Obama or the DOH show it to you? They would have to scan it and put it on the web, wouldn’t they? And we’d back to where we are right now.
Maya Soetoro
In 2003 Soetoro married Chinese Canadian Konrad Ng (Simplified Chinese: 吴加儒)[citation needed] of Burlington, Ontario, Canada. Her husband, now also a US citizen, is an assistant professor at the University of Hawaii's Academy of Creative Media. They have two daughters, Suhaila and Savita. Konrad Ng became the scholar-in-residence at the Smithsonian Institution’s Asian Pacific American Program in 2009.
Soetoro-Ng has described herself as "philosophically Buddhist." She is fluent in the Indonesian language,Spanish, and English.
This interpretation of the 14th Amendment and the Court’s conclusion in Wong Kim Ark is erroneous.
Originally posted by ontarff
reply to post by aptness
While I agree with your comments on the majority decision being established as law on this particular case, I support the comments here
On the basis of the 14th Amendment, however, the majority opinion coined a new definition for “native citizen”, as anyone who was born in the U.S.A., under the jurisdiction of the United States. The Court gave a novel interpretation to jurisdiction, and thus extended citizenship to all born in the country (excepting those born of ambassadors and foreign armies etc.); but it did not extend the meaning of the term “natural born citizen.”
The first amendment is to section one, declaring that “all persons born in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the States wherein they reside.” … This amendment which I have offered is simply declaratory of what I regard as the law of the land already, that every person born within the limits of the United States, and subject to their jurisdiction, is by virtue of natural law and natural law a citizen of the United States.
The foregoing considerations and authorities irresistibly lead us to these conclusions: The Fourteenth Amendment affirms the ancient and fundamental rule of citizenship by birth within the territory, in the allegiance and under the protection of the country, including all children here born of resident aliens, with the exceptions or qualifications (as old as the rule itself) of children of foreign sovereigns or their ministers, or born on foreign public ships, or of enemies within and during a hostile occupation of part of our territory, and with the single additional exception of children of members of the Indian tribes owing direct allegiance to their several tribes.
Thus the Fourteenth Amendment is held to be merely declaratory except that it brings all persons, irrespective of color, within the scope of the alleged rule, and puts that rule beyond the control of the legislative power.
What’s the source of that long form birth certificate that I assume the blog in question implies is the only legitimate long form certificate?
See forms in right margin HERE
I assume Maya was born a US citizen by virtue of the 8 USC 1401(g) statute. If that was the case then the answer to your question, concerning Maya in particular, is uncertain. Language in Wong Kim Ark suggests that those born outside the United States can only acquire citizenship by acts of Congress, and are therefore technically naturalized citizens. But the Court didn’t have to rule on that question so that is only dicta.
Originally posted by xuenchen
If in fact Ms. Soetoro was born in Indonesia to American (natural born) citizen Ann Dunham and Indonesian citizen father, and Her husband was not an American citizen at the time her children were born in Hawaii, are Her and Her children eligible to be POTUS?
Not according to Wong Kim Ark.
Any different if the children's father was naturlized by the time of their births ?
I don’t know if Obama was adopted in Indonesia or not, but even if he was what’s the relevance or implication?
Also, was Obama adopted by Ann's husband Lolo Soetoro and then "released" upon divorce ?
By the way, I think other members have asked you to back up your claims about Maya having a birth certificate from Hawaii. I’d also like to see evidence to back up that claim. And to know what’s the place of birth on that alleged Hawaiian birth certificate.
here is a question about Maya Soetoro and her children born in Hawaii.
By the way, I think other members have asked you to back up your claims about Maya having a birth certificate from Hawaii. I’d also like to see evidence to back up that claim. And to know what’s the place of birth on that alleged Hawaiian birth certificate.