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Georgia judge to hear arguments on eligibility of Barack Obama on ballot; Orly Taitz hails decision

 
 
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maxdancona
 
  1  
Reply Thu 5 Jan, 2012 08:04 am
@KenyanBornObama,
What's worse is how the American people who understand this have just laid down and taken it. There should be mass protests in the streets to demand answers every day with signs and shouting and firearms.

And the worst are these so-called Republican candidates who are to cowardly to bring up the truth. They should be facing questions about Obama's citizenship at every campaign stop.
0 Replies
 
maxdancona
 
  2  
Reply Thu 5 Jan, 2012 08:11 am
@KenyanBornObama,
All this time wasted talking about the budget deficit, and health care, and job growth and foreign policy when we should be talking about how our president is an alien. It makes me sick.
Setanta
 
  4  
Reply Thu 5 Jan, 2012 08:14 am
@KenyanBornObama,
You have proven nothing. The comments of members of Congress about citizenship have no authority to change the language of the constitution.

Article Two, Section One:

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.

There is no mention of the nationality of the parents, no mention of being subjects of any other nation. You lose. And, of course, you're a sore loser.
0 Replies
 
parados
 
  5  
Reply Thu 5 Jan, 2012 08:18 am
@KenyanBornObama,
Let us know when you actually have some facts.

It is dependent on YOU to prove that Obama's birth certificate is fake. You can't prove it. The state of HI has said it is valid. That means EVERY COURT in the US will accept it. I fully expect Taitz to get hit with another fine on this frivolous lawsuit before it's all done. She has ZERO evidence.
0 Replies
 
Ragman
 
  2  
Reply Thu 5 Jan, 2012 08:21 am
@maxdancona,
Racism of any sort, hidden or overt, is nauseating - even more so when we're in a national financial crisis. While people are losing their homes and lost their life savings this cretin wants to debate the citizenship of a man that puts his life on the line every day in service to his country. Yes, it takes a good amount of patriotism to run and act as President.

Hey, Kenyan...what is the last (or first) patriotic thing that you've done for this country? Oh wait, you're not even FROM this country?
0 Replies
 
parados
 
  6  
Reply Thu 5 Jan, 2012 08:24 am
@KenyanBornObama,
In the first 2 minutes of your stupid video, a major error is made.

Laws do NOT overrule the Constitution.
The US Constitution states that it is the Constitution that is the Supreme Law of the Land. No law can negate any part of the the US constitution. No law passed PRIOR to an amendment can negate that amendment.

There you go..
Show us how a law passed by Congress can negate any part of the US Constitution without looking like a complete idiot.

Then your idiot video claims that the 14th amendment is to be interpreted in the way the "founders" intended it. The founders didn't write the 14th amendment. Amendments are interpreted according to the intent of the writers of the amendment. The founders had NO INTENT in writing the 14th amendment.


So.. there are 2 errors of law and logic in the first 2:30 of your video. Correct them then get back to us.
0 Replies
 
parados
 
  5  
Reply Thu 5 Jan, 2012 08:34 am
@KenyanBornObama,
1. Statement by Bingham is meaningless since you have provided no evidence of Obama being from another land.
2. again.. no evidence of Obama being born outside US.
3. Meaningless, since you don't say how it applies.
4. Jurisdiction has no meaning in this case. As your link clearly shows Trumbull stating the following: "I know of no better way to give rise to citizenship than the fact of birth withing the territory of the United States." Obama meets that test since he was born in HI. All your other attempts to avoid dealing with that issue are red herrings. They are complete stupidity on your part and show a complete lack of logic and facts.


Your quote from Minor v Happeport has no bearing on anything.

By the way "Parents" is plural. Even if you argue that Obama's father was not a US citizen you can't argue his "parents" owed allegiance to foreign powers. since his mother was a US citizen. Your argument is again stupid and doesn't follow the facts.
0 Replies
 
wandeljw
 
  1  
Reply Thu 5 Jan, 2012 09:42 am
@BumbleBeeBoogie,
BumbleBeeBoogie wrote:

This idiot never gives up and stupid judges keep her ranting. Who is financing her efforts? ---BBB


Taitz was actually a dentist before she got a law degree. She may be independently wealth from her dentistry practice.
0 Replies
 
wandeljw
 
  4  
Reply Thu 5 Jan, 2012 11:07 am
@KenyanBornObama,
Quote:
Supreme Court Case Minor V. Happerset:
"At common-law, with the nomenclature of which the framers of the Constitution were familiar, it was never doubted that all children born in a country of parents who were its citizens became themselves, upon their birth, citizens also. These were natives, or natural-born citizens, as distinguished from aliens or foreigners."


Minor v. Happerset was a case about voting rights. The portion about natural-born citizens was a side-comment only and not part of the holding. This portion, therefore, is not a legal precedent.
parados
 
  5  
Reply Thu 5 Jan, 2012 11:11 am
@wandeljw,
It's also a logical fallacy to claim this means anyone not born in this manner is not a citizen.

But that seems to be what Taitz entire argument is based on. Logical fallacies and outright falsehoods.
0 Replies
 
MontereyJack
 
  6  
Reply Thu 5 Jan, 2012 01:02 pm
I'm not going to sit thru a stupid 21 minute video so some crank can try to make an imbecilic counterfactual point. I don't need to. The facts are:
1. Obama was born in Hawaii. Therefore he is a natural-born citizen.
2. Even had he been born somewhere else, which he wasn't, his mother was an American citizen. Therefore he is a natural-born citizen, no matter where he was born.

Argue with those facts.
0 Replies
 
Questioner
 
  3  
Reply Thu 5 Jan, 2012 01:06 pm
@KenyanBornObama,
KenyanBornObama wrote:

UM, sorry...but we are going to court on January 26th in Georgia to get him off the ballot and we have the facts to PROVE without a doubt that Obama is ineligible!

And ONCE AGAIN, I have proved it. Just because you won't LOOK at the facts, doesn't mean they are are NOT true!

you FAIL!




Oh look, another Troll. I believe Edgar set up a thread specifically for you.
MontereyJack
 
  6  
Reply Thu 5 Jan, 2012 01:17 pm
Looks to me like Georgia found a great new, creative way to make up its budget deficits. Give Orly Taitz an excuse to sue again and then sock her with another frivolous lawsuit fine. She bites at the bait every time.
0 Replies
 
Butrflynet
 
  2  
Reply Thu 5 Jan, 2012 01:50 pm
http://en.wikipedia.org/wiki/Natural-born-citizen_clause_of_the_U.S._Constitution#Presidential_candidates_whose_eligibility_was_questioned

Standing in eligibility challenges

Several courts have ruled that private citizens do not have standing to challenge the eligibility of candidates to appear on a presidential election ballot.[33] Alternatively, there is a statutory method by which the eligibility of the president-elect of the United States to take office may be challenged in Congress.[34]

Some legal scholars assert that, even if eligibility challenges are nonjusticiable in federal courts, and are not undertaken in Congress, there are other avenues for adjudication, such as an action in state court in regard to ballot access.[35]
[edit] Presidential candidates whose eligibility was questioned

While every president and vice president to date is widely believed either to have been a citizen at the adoption of the Constitution in 1789 or to have been born in the United States, one U.S. president (Chester A. Arthur) and some presidential candidates either were not born or were suspected of not having been born in a U.S. state.[36] In addition, one U.S. vice president (Albert Gore) was born in Washington, D.C., and another (Charles Curtis) was born in the Kansas Territory. This does not necessarily mean that they were ineligible, only that there was some controversy (usually minor) about their eligibility, which may have been resolved in favor of eligibility.[37]

[edit] Chester A. Arthur

Chester A. Arthur (1829–1886), 21st president of the United States, was rumored to have been born in Canada.[38][39] This was never demonstrated by his Democratic opponents, although Arthur Hinman, an attorney who had investigated Arthur's family history, raised the objection during his vice-presidential campaign and after the end of his presidency. Arthur was born in Vermont to a Vermont-born mother and a father from Ireland, who was naturalized as a U.S. citizen in 1843, 14 years after Chester was born. Despite the fact that his parents took up residence in the United States somewhere between 1822 and 1824,[40] Arthur additionally began to claim between 1870 and 1880[41] that he had been born in 1830, rather than in 1829, which only caused minor confusion and was even used in several publications.[42] Arthur was sworn in as president when President Garfield died after being shot.

[edit] Christopher Schürmann

Christopher Schürmann (born 1848 in New York) entered the Labor primaries during the 1896 presidential election. His eligibility was questioned in a New York Tribune article, because he was born to alien parents of German nationality. It was stated that "various Attorney-Generals of the United States have expressed the opinion that a child born in this country of alien parents, who have not been naturalized, is, by the fact of birth, a native-born citizen entitled to all rights and privileges as such". But due to a lack of any statute on the subject, Schürmann's eligibility was "at best an open question, and one which should have made [his] nomination under any circumstances an impossibility", because questions concerning his eligibility could have been raised after the election.[43]

[edit] Charles Evans Hughes

The eligibility of Charles Evans Hughes (1862–1948) was questioned in an article written by Breckinridge Long, and published in the Chicago Legal News during the U.S. presidential election of 1916, in which Hughes was narrowly defeated by Woodrow Wilson. Long claimed that Hughes was ineligible because his father had not yet naturalized at the time of his birth and was still a British citizen. Observing that Hughes, although born in the United States, was also a British subject and therefore "enjoy[ed] a dual nationality and owe[d] a double allegiance", Long argued that a native born citizen was not natural born without a unity of U.S. citizenship and allegiance and stated: "Now if, by any possible construction, a person at the instant of birth, and for any period of time thereafter, owes, or may owe, allegiance to any sovereign but the United States, he is not a 'natural-born' citizen of the United States."[44]

[edit] Barry Goldwater

Barry Goldwater (1909–1998) was born in Phoenix, in what was then the incorporated Arizona Territory of the United States. During his presidential campaign in 1964, there was a minor controversy over Goldwater's having been born in Arizona when it was not yet a state.[38]

[edit] George Romney

George Romney (1907–1995), who ran for the Republican party presidential nomination in 1968, was born in Mexico to U.S. parents.[45][46] Romney's grandfather had emigrated to Mexico in 1886 with his three wives and children after the U.S. federal government outlawed polygamy. Romney's monogamous parents retained their U.S. citizenship and returned to the United States with him in 1912.[47] Romney never received Mexican citizenship, because the country's nationality laws had been restricted to jus sanguinis statutes due to prevailing politics aimed against American settlers.[citation needed]

[edit] Lowell Weicker

Lowell Weicker (born 1931), the former Connecticut senator, representative, and governor, entered the race for the Republican party nomination of 1980 but dropped out before voting in the primaries began. He was born in Paris, France to parents who were U.S. citizens. His father was an executive for E. R. Squibb & Sons and his mother was the Indian-born daughter of a British general.[46][48]

[edit] Róger Calero

Róger Calero (born 1969 in Nicaragua) was a Socialist Workers Party candidate in 2004 and 2008.[49] Because he was not a natural born citizen of the United States, Calero was ineligible to become president, so James Harris, the Socialist Workers Party presidential candidate from 2000, stood in on the ticket in nine states where Calero could not be listed. In 2004, Calero received 3,689 votes,[50] and Harris received 7,102 additional votes.[51] Calero also ran in 2008, with Harris again standing in for Calero in several states.[52] Calero was on the ballot in five states, where he received 7,209 votes; Harris received an additional 2,424 votes.[53]

[edit] John McCain

John McCain (born 1936), who ran for the Republican party nomination in 2000 and was the Republican nominee in 2008, was born at Coco Solo Naval Air Station[36][54][55][56][57][58][59] in the Panama Canal Zone. McCain never released his birth certificate to the press or independent fact-checking organizations, but did show it to Washington Post reporter Michael Dobbs, who wrote "a senior official of the McCain campaign showed me a copy of [McCain's] birth certificate issued by the 'family hospital' in the Coco Solo submarine base".[56] A lawsuit filed by Fred Hollander in 2008 alleged that McCain was actually born in a civilian hospital in Colon City, Panama.[60][61] Dobbs wrote that in his autobiography, Faith of My Fathers, McCain wrote that he was born "in the Canal Zone" at the U.S. Naval Air Station in Coco Solo, which was under the command of his grandfather, John S. McCain Sr. "The senator's father, John S. McCain Jr., was an executive officer on a submarine, also based in Coco Solo. His mother, Roberta McCain, now 96, has vivid memories of lying in bed listening to raucous celebrations of her son's birth from the nearby officers' club. The birth was announced days later in the English-language Panamanian American newspaper."[62][63][64][65]

The former unincorporated territory of the Panama Canal Zone and its related military facilities were not regarded as United States territory at the time,[66] but 8 U.S.C. § 1403, which became law in 1937, retroactively conferred citizenship on individuals born within the Canal Zone on or after February 26, 1904, and on individuals born in the Republic of Panama on or after that date who had at least one U.S. citizen parent employed by the U.S. government or the Panama Railway Company; 8 U.S.C. § 1403 was cited in Judge Alsup's 2008 ruling, described below. A March 2008 paper by former Solicitor General Ted Olson and Harvard Law Professor Laurence H. Tribe opined that McCain was eligible for the Presidency.[67] In April 2008, the U.S. Senate approved a non-binding resolution recognizing McCain's status as a natural-born citizen.[68] In September 2008, U.S. District Judge William Alsup stated obiter in his ruling that it is "highly probable" that McCain is a natural-born citizen from birth by virtue of 8 U.S.C. § 1401, although he acknowledged the alternative possibility that McCain became a natural-born citizen retroactively, by way of 8 U.S.C. § 1403.[69]

These views have been criticized by Professor Chin, who argues that McCain was at birth a citizen of Panama and was only retroactively declared a born citizen under 8 U.S.C. § 1403, because at the time of his birth and with regard to the Canal Zone the Supreme Court's Insular Cases overruled the Naturalization Act of 1795, which would otherwise have declared McCain a U.S. citizen immediately at birth.[70] The U.S. State Department's Foreign Affairs Manual states that children born in the Panama Canal Zone at certain times became U.S. nationals without citizenship.[71] It also states in general that "it has never been determined definitively by a court whether a person who acquired U.S. citizenship by birth abroad to U.S. citizens is a natural-born citizen […]".[72] In Rogers v. Bellei the Supreme Court only ruled that "children born abroad of Americans are not citizens within the citizenship clause of the 14th Amendment", and didn't elaborate on the natural-born status.[73][74] Similarly, legal scholar Lawrence Solum concluded in an article on the natural born citizen clause that the question of McCain's eligibility could not be answered with certainty, and that it would depend on the particular approach of "constitutional construction".[75] The urban legend fact checking website Snopes.com has examined the matter and cites numerous experts. It considers the matter "undetermined".[76]

[edit] Barack Obama

Barack Obama (born 1961), 44th president of the United States, was born in Honolulu, Hawaii to a U.S. citizen mother and a British subject father from what was then the Kenya Colony of the United Kingdom (which became the independent country of Kenya in 1963). Before and after the 2008 presidential election, arguments were made that he is not a natural-born citizen. On June 12, 2008, the Obama presidential campaign launched a website to counter what it described as smears by his opponents, including conspiracy theories challenging his eligibility.[77] The most prominent issue raised against Obama was the claim made in several lawsuits that he was not actually born in Hawaii. In two other lawsuits, the plaintiffs argued that it was irrelevant whether he was born in Hawaii,[78] but argued instead that he was nevertheless not a natural-born citizen because his citizenship status at birth was governed by the British Nationality Act 1948.[79] The relevant courts have either denied all applications or declined to render a judgment due to lack of jurisdiction. Some of the cases have been dismissed because of the plaintiff's lack of standing.

On October 31, 2008, Hawaii Health Director Dr. Chiyome Fukino issued a statement saying, "I ... have personally seen and verified that the Hawai'i State Department of Health has Sen. Obama's original birth certificate on record in accordance with state policies and procedures." [33][80] On July 27, 2009, Hawaii Health Director Dr. Chiyome Fukino issued a statement saying, "I ... have seen the original vital records maintained on file by the Hawaii State Department of Health verifying Barack Hussein Obama was born in Hawaii and is a natural-born American citizen."[81] On April 27, 2011, the White House released a copy of President Obama's birth certificate.[82]

An attempt to prevent Obama from participating in the 2012 Democratic primary election in New Hampshire failed.[83] In October 2011, the Liberty Legal Foundation filed suit seeking to enjoin the Democratic National Committee from certifying Obama as its nominee for the 2012 U.S. presidential election on the ground that he does not have two citizen parents and thus, it contends, is not a natural-born citizen.[84][85]
0 Replies
 
OmSigDAVID
 
  1  
Reply Fri 6 Jan, 2012 04:12 am

This shud be interesting.
0 Replies
 
maxdancona
 
  1  
Reply Fri 6 Jan, 2012 07:05 am
@Questioner,
You all are missing the point. KenyanBornObama is making it easier for Obama to be reelected.

I don't get why people are so much against that.
OmSigDAVID
 
  0  
Reply Fri 6 Jan, 2012 08:40 am
@maxdancona,
maxdancona wrote:
You all are missing the point. KenyanBornObama is making it easier for Obama to be reelected.
HOW ??
wandeljw
 
  2  
Reply Fri 6 Jan, 2012 12:32 pm
Quote:
Delay sought in Monday's Jefferson County hearing on suit challenging Obama's eligibility as president
(Eric Velasco -- The Birmingham News -- January 6, 2011)

BIRMINGHAM, Alabama -- A Birmingham man challenging President Obama's right to be on the Alabama ballot has filed a request to delay a hearing set for Monday in the case so he can confer with his new lawyer, a well-known figure in the "birther" movement that questions Obama's citizenship.

The motion, which Hendershot lawyer Orly Taitz posted on her Web site Thursday morning, was filed in Jefferson County Circuit Court Thursday, but not posted on electronic court records until today.

The motion asks Jefferson County Circuit Judge Helen Shore Lee to postpone until Jan. 27, a hearing that had been set for Monday on a request by Mark Kennedy, chairman of the Alabama Democratic Party, for Lee to dismiss the lawsuit.

Hendershot filed suit against Kennedy on Dec. 14 seeking an injunction to block party officials from putting Obama on the March 13 primary ballot in his bid for a second term. Hendershot claims he has "staggering" evidence that Obama is ineligible to be president and that he is using a forged birth certificate and fake social security number.

Lawyers for Kennedy have called the suit frivolous and have said Hendershot cannot show that his legally protected rights have been violated in a way that a court can protect - the same problem plaintiffs have encountered in at least seven federal lawsuits on the subject since 2008.

Lee had not ruled on Hendershot's request for a postponement so he can have time to confer with Taitz and prepare a defense to the attempts to have his case dismissed.

Taitz is known in some circles as the "Queen of Birthers." Taitz claims she maintains "the world's leading Obama eligibility challenge Web site."

Taitz, who also is a dentist and announced candidate in California for U.S. Senate in 2012, has filed or is involved in suits in four other states and the District of Columbia challenging Obama's right to be president.

She also represented an Army captain who refused to deploy to Afghanistan, saying Obama was ineligible to be president and therefore was not the commander in chief.

Taitz was fined $20,000 in 2009 by a federal judge in Georgia who called the captain's suit frivolous and said Taitz had wasted the court's time. The fine was upheld by the U.S. Supreme Court in 2010.


This means that there is currently a request to the judge to dismiss the case entirely.
0 Replies
 
maxdancona
 
  2  
Reply Fri 6 Jan, 2012 09:19 pm
@OmSigDAVID,
I thought I explained it well above. There are some important questions that Obama has a bit of discomfort answering, including questions about the continued slow economy and about breaking his promises on the war.

If people keep bringing up this issue of his birth certificate, which is a ridiculous issue to 80% of Americans (and the 20% who think there is any merit to birtherism wouldn't ever vote for a black man anyway).

This is a ridiculous issue that lets Obama make his reelection case on his terms while his opponents are distracted with crazy.

0 Replies
 
 

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