Supreme Court, Democrats, politics, America, news, blogosphere, United States, EnglandDecember 7, 2008 9:02 am

Discrimination Bordering Upon Bigotry! Only ‘natural born’ Citizens Need Apply!

It is right there in the United States Constitution in Article II, Section 1, Clause 5, which states: “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.

Discrimination upon the basis of national origin, discrimination upon the basis of age, and discrimination upon the basis of residency status! How about that?

In this past presidential election we had two candidates running for the office described above who admittedly were born on foreign soil, one in Panama and one in Nicaragua. The candidate who won, Barack Obama, describes himself as born in the state of Hawaii, however he has released no proof of his birthplace other than a generated Certificate of Live Birth, and there are reports that his own family members, and Kenyan government officials are conflicted over where exactly he was born.

Some Constitutional scholars spout off the legal definition of “natural born citizen” is one who was born within the jurisdiction of a national government, i.e. in its territorial limits, or born of citizens temporarily residing abroad. However, I found NO legal definition of “natural born citizen.” The phrase is not defined anywhere in the Constitution. In 1790, the Congress, attempted to make clarification with the Naturalization Act of 1790 that stated “And the children of citizens of the United States that may be born beyond the sea, or out of the limits of the United States, shall be considered as natural born citizens.” Seemingly this definition would have covered John McCain as a “natural born citizen,” except that in 1795, the Congress made another clarification, the Naturalization Act of 1795, which removed the words “natural born” and stated that children born to citizens beyond the seas are citizens of the U.S., but are not legally considered “natural born citizens” of the U.S. This confusion over the meaning of the Constitution’s “natural born citizen” is why the United States Congress passed a bill endowing Senator John McCain with “natural born citizen” status, so that, if elected President, he would be legal under the Constitution.

This murkiness over the Constitutional definition of “natural born citizen” has caused considerable scenarios to be proffered as to why Barack Obama is not Constitutionally qualified to be President, even if born in Hawaii. Some of them have to do with the young age of his mother at his birth, who would not have had enough years of standing as a United States citizen to automatically confer American citizenship upon him, if he had been born in Kenya. It sounds far-fetched to you and me, but someone, somewhere has found some quirk in the law that seems to state that. (For other examples see sidrx at Pajamas Media.)

Other deniers claim that because Barack Obama was born a British citizen, as a son of a British father, regardless of where Obama himself was born, he cannot be considered a “natural born citizen.” That came as a shocker to me, as I had always considered myself a “natural born citizen,” even though I was born in Maryland of a British father. But, apparently, I am not only NOT a “natural born citizen,” according to some, I am not even a citizen of the USA, an interesting fact to discover at my age. At least I am in good company. It’s me, President-elect Barack Obama, and President Chester A. Arthur. It must be true as I read it at a BLOG.

If the Constitution were truly the Law of the Land, certainly a definition of “natural born citizen” would have been offered by the Supreme Court or the Congress by now. Or there would have been a law passed by the Congress that no candidates could run for president unless first vetted for eligibility according to Article II, Section 1, Clause 5. Of course, any American with a brain knows that we no longer live under rule of the Constitution, hence all of this kerfuffle over where Barack Obama was “really” born matters not one wit. He will be inaugurated President of the United States and will remain so, regardless of where in the world he was born.

Here is a long, involved treatise written by Constitutional scholar Jonathan Turley to try and convince us that, oh yes, we are a nation of Constitutional laws, and as such it would have been “Unconstitutional” for John McCain to serve as United States President as he is NOT a “natural born citizen.” Turley describes how he and his cohorts, while wrapped in the mantle of the U.S. Constitution, were all ready and willing to go to court to stop McCain’s “Unconstitutional” inauguration. Of course, the election happened a bit differently, and Jonathan Turley’s erudite but laughable opinion on “natural born citizen” suddenly turns 180 degrees as applied to Turley’s favored candidate, Barack Obama.

If we were truly living under the Constitution, Hillary Clinton would be unqualified to be appointed from the United States Senate to Secretary of State. Yet, no one, not Barack Obama, nor the American media, is offering any explanation of how her appointment can be Constitutional. Other American Presidents who disregarded the “Emoluments Clause” of the Constitution were Richard Nixon and Bill Clinton, who both got away with it, as will Barack Obama. President George W. Bush who wanted to nominate Senator Orin Hatch for the Supreme Court was told that would be Unconstitutional and he accepted that ruling and did not nominate Hatch. All of the above support my view that the United States Constitution is just a quaint and moldering document under glass at the National Archives, existing only to hammer heads, when needed, of those with unpopular ideas. It is now generally disregarded as little more than a venerated historic document.

According to what I have read of the birth certificate conspiracy, I believe Barack Obama was born in the United States. He probably believes as I believe about myself, that we are “natural born” citizens even though our fathers were British subjects when we were born. Deniers - think about this. Is it possible that Barack Obama, himself, created this smokescreen over his birthplace to drive you to distraction as a way to divert attention from the more serious and controversial plans he has for his new nation?

UPDATE: The Supremes Sock it to the Deniers, according to Michelle Malkin.

Obama’s Birth Rumors

Supreme Court, courts, John Roberts, George BushJanuary 31, 2006 7:57 pm

President George Bush gives his State of the Union speech tonight, but it is the confirmation of Justice Samuel Alito which will really make not only his day, but will make his legacy. Justices Samuel Alito and John Roberts are the crowning glories of the presidency of George W. Bush. President Bush, if he were to do nothing more for the next three plus years, has extended his presidency’s influence far into the future of this nation with these two outstanding choices. Of Samuel Alito who was confirmed today, President George W. Bush said, “America is fortunate that this good and humble man is willing to serve.”

Supreme Court, courts, Democrats 2:58 pm

From Our Loving Friends - The Gay self-Haters.

According to James Joyner at “Outside the Beltway”, “Michael Rogers at BlogActive, which bills itself as ‘Real Truth, Direct Action, threatened last night to ‘out’ a married Republican Senator as homosexual if he voted to confirm Judge Alito.”

Joyner writes that the “BlogActive” site published this warning to the unnamed Senator: “Tomorrow you will decide if your political position is worth more than doing what is right for others like you. … Your fake marriage, by the way, will NOT protect you from the truth being told on this blog.”

Therefore, expect today to hear the name of a married Republican Senator slandered as a “homosexual”. What if no Republican Senator is outed today? Was Michael Rogers’ threat naught but idle bombast, not worth the spittle required to utter it? Or was it because Senator Lincoln Chafee of Rhode Island was the only Republican to vote No?

The real question is … who is truly more sick, demented and repugnant; a closeted homosexual, or a liberal Democrat self-hating gay? The legal question is … is blackmail of a United States Senator legal? If so, perhaps “BlogActive” will be getting a not so friendly visit from the FBI.

Supreme Court, courts, Democrats 8:27 am

Snickering Dog “And THAT is MY Opinion…” has the most descriptive blog posting of the Dems’ dilemma: It Must Really Suck To Be A Democrat. HA! There is a picture of this snickering dog, appropriately named, “Laughing at Lefties”, and the reasons for laughing are:

  • Senate to Decide on Ending Alito Debate
  • Efforts to Block Alito Vote Not Gaining Steam
  • Republican-led Senate defeats bid to stop Alito
  • Discussion at Democratic Underground -
    http://www.democraticunderground.com/discuss/

DU is on Def Con 5, they are imploding… They aren’t letting *lurkers* in to watch the slaughter, so much for Liberal *openness*…

No one has threatened suicide, yet, but many are threatening to leave the Dem party, register as Independents or, just not vote…

Kerfuffles, Supreme Court, courtsJanuary 24, 2006 3:53 pm

The following “great advice” is from Pat Cleary at Manufacturers’ Blog:

Senate Judiciary Committee To Vote on Alito Nomination

Today, the Senate Judiciary Committee is expected to vote on the nomination of Judge Alito to the US Supreme Court. Here’s a link to the full Judiciary Committee. Please phone, fax, or e-mail them and urge them to support his nomination.

Beginning tomorrow, his nomination should go to the floor of the Senate and debate will begin. For most of the past hundred Justices or so, debate is brief and more of a pro-forma exercise. Please click here to urge your Senators to have a quick up-or-down vote on Judge Alito. Even if they don’t support him, they ought to vote their conscience and move on. Delay is a way to postpone the inevitable, and is unfair to Judge Alito and the Constitutional process (anybody remember the Constitution….?) In fact, the latest poll shows that support for Judge Alito actually increased after his hearings, and his supporters now outnumber is opponents by almost 2-to-1.

This is the home stretch. If you care about legal reform, it begins at the top.

Supreme Court, courts, DemocratsJanuary 15, 2006 10:59 am

Does he love Princeton or does he hate it, as he has said in the past? Well, he was wearing a Princeton baseball cap, whatever that meant. “Bitter, Bruised and Broken” is how Flora McDonald at “United Conservatives of Virginia” describes Delaware’s Senator Joseph Biden after the Senate’s Judiciary hearings for Judge Samuel Alito. There is even proof in this funny picture (Joe Biden Offering Free Brain Transplant), posted at “End Clintonism Now.”

Biden was funny - much too funny to ever become “Mr. President”, but Uncle Teddy was a mean ole grouch. “Stop this donkey-&-elephant show” writes Colin McNickle in today’s “PITTSBURGH TRIBUNE-REVIEW“:

(Senator Ted) Kennedy huffed and puffed and reduced himself to wheezing when he couldn’t blow Alito’s house down. So he grabbed some straws in the martini cloakroom and resorted to the worst kind of smear imaginable over Alito’s “troubling” affiliation with that horrid — HORRID! — Princeton alumni club. Mr. Kennedy brought Alito’s wife to tears. You’re a big man, Teddy, in more ways than one.

Supreme Court, courts, DemocratsJanuary 12, 2006 3:41 pm

Feinstein in Hiding

Don’t laugh as Diane Feinstein Grills Alito on Rulings in Key Environmental Cases. You would hide your face in shame too, if you were a Democrat member of the Senate Judiciary Committee, having failed in your party’s proclaimed mission to destroy Judge Samuel Alito.

Supreme Court, courts, abortionJanuary 11, 2006 6:43 am

Enshrining Justice Harry Blackmun’s Legacy to His Nation

At “Choose Life” I encountered the following quotes from the Left’s legal scholars:

  • This Court’s abortion decisions have already worked a major distortion in the Court’s constitutional jurisprudence….no legal rule or doctrine is safe from ad hoc nullification by this Court…in a case involving state regulations of abortion.” ~~Justice Sandra Day O’Connor, Thornburgh v. American College of Obstetricians and Gynecologists
  • Roe v. Wade…ventured too far in the change it ordered and presented an incomplete justification for its action.” ~~Justice Ruth Bader Ginsburg, North Carolina Law Review
  • One of the most curious things about Roe is that, behind its own verbal smokescreen, the substantive judgment on which it rests is nowhere to be found.” ~~Laurence Tribe, Harvard Law Professor, Harvard Law Review
  • Roe v. Wade is “a very bad decision…because it is not constitutional law and gives almost no sense of an obligation to try to be.” ~~John Hart Ely, Yale Law Professor, Yale Law Journal
  • As a matter of constitutional interpretation and judicial method, Roe borders on the indefensible…[it is] one of the most intellectually suspect constitutional decisions of the modern era.” ~~Edward Lazarus, former clerk to Justice Harry Blackmun (Author of Roe), FindLaw’s Writ
  • Since its inception Roe has had a deep legitimacy problem, stemming from its weakness as a legal opinion.” ~~Benjamin Wittes, Washington Post Legal Affairs Editorial Writer, The Atlantic Monthly
Supreme Court, DemocratsJanuary 6, 2006 12:30 am

Somehow, Kerfuffles has found herself upon the Democrats’ mailing list. Yes, it’s true that Barney Frank’s sister, Anne Lewis, has been spamming Kerfuffles in the hopes of receiving donations to beat back those “wascally wepublicans”. Here’s the latest about Justice Sunday and that extremist Senator, Rick Santorum:

Ed at Captain’s Quarters was there, blogging the event. (more…)

Supreme Court, blog, blogging, United StatesJanuary 1, 2006 1:14 am

Article III Groupie is Back Underneath Their Robes, Gavel Gazing.

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