- US Congress – Mr Dowdy reports on the meaning of Natural Born
Mr Dowdy discusses the meaning of Natural Born and explains how the 1790 Naturalization act came to inadvertently use the term natural born when referring to children born abroad to US citizen parents.
Mr. James Madison, who had been a member of the Constitutional Convention and had participated in the drafting of the terms of eligibility for the President, was a member of the Committee of the House, together with Samuel Dexter of Massachusetts and Thomas A. Carnes of Georgia when the matter of the uniform naturalization act was considered in 1795. Here the false inference which such language might suggest with regard to the President was noted, and the Committee sponsored a new naturalization bill which deleted the term “natural-born” from the Act of 1795. (1 Stat 414) The same error was never repeated in any subsequent naturalization act.
The Act of 1795 provides:
“The children Of citizens born outside of the limits and jurisdiction of the United States, shall be considered as citizens of the United States.”
Concluding that
To summarize; a natural-born citizen of the United States, as that term is used in the Constitution of the United States, means a citizen born within the territorial limits of the United States and subject to the laws of the United States at the time of such birth. This does not include children born within the territorial limits of the United States to alien parents who, although present with the consent of the United States, enjoy diplomatic immunity from the laws of the United States, and, as a consequence are not subject to the laws of the United States. Nor would this include children born within the territorial limits of the United States to alien enemy parents in time of war as a part of a hostile military force, and, as a consequence not present with the consent of the United States, and not subject to the laws of the United States. But, this does include children born to alien parents who are present within the territorial limits of the United States “In amity” i.e. with the consent of the United States, and subject to its laws at the time of birth. U.S. v. Wong Kim Ark 169 US 649, Luria v. U.S., 231 US 9, Minor v. Happersett 88 US 162.
I find no proper legal or historical basis on which to conclude that a person born outside of the United States could ever be eligible to occupy the Office of the President of the United States. In other words, In my opinion, Mr. George Romney of Michigan Is Ineligible to become President of the United States because he was born In Mexico and is, therefore, not a natural-born citizen as required by the United States Constitution.
- Schooner Exchange v. M’Faddon, 11 U.S. 116 (1812) Full and Complete Jurisdiction
The jurisdiction of the nation within its own territory is necessarily exclusive and absolute. It is susceptible of no limitation not imposed by itself. Any restriction derived from an external source would imply a diminution of its sovereignty to the extent of the restriction and an investment of that sovereignty to the same extent in that power which could impose such restriction. All exceptions, therefore, to the full and complete power of a nation within its own territories must be traced up to the consent of the nation itself. They can flow from no other legitimate source.
Feb 272010
Charles Kornhaber at OCWeekly looks into Orly’s Feb 26th reply to the California Bar Association:
What, exactly, might the bar be investigating? Well, there’s that order from federal Judge Clay Land of Georgia, slapping $20,000 of fines on Taitz. Land wrote in the order that his ruling was to be sent to the bar.
There are also complaints from independent attorneys who don’t like the way Taitz has handled herself. We spent some time talking with one of those attorneys the other day, who asked not to be named, likely so that his social security number won’t show up in one of Taitz’s voluminous “dossiers” sent to law enforcement agencies across the country. But he said he has filed more than a dozen complaints with the state bar.
“I’m concerned with her being a lawyer, because I’m a lawyer,” he said. “It’s a self-policing profession, and she has brought our profession into disrepute. She is the worst lawyer I have ever seen… The worst lawyer in the history of the human race.”
02/26/2010 9 NOTICE of Appearance by Alan Burch on behalf of BARACK HUSSEIN OBAMA (Burch, Alan) (Entered: 02/26/2010)
02/26/2010 10 MOTION to Dismiss & supporting memorandum by BARACK HUSSEIN OBAMA (Attachments: # 1 Exhibit 1 Cook MD Ga order July 16, 2009, # 2 Exhibit 2 Cook MD Ga docket, # 3 Exhibit 3 Cook 11th Cir docket, # 4 Exhibit 4 Rhodes WD Tex order, # 5 Exhibit 5 Rhodes MD Ga docket & orders, # 6 Exhibit 6 Rhodes 11th Cir docket, # 7 Exhibit 7 Barnet 9th Cir docket)(Burch, Alan) (Entered: 02/26/2010)
02/26/2010 11 Memorandum in opposition to re 8[RECAP] MOTION for Preliminary Injunction MOTION for CM/ECF password see R.10 for exhibits filed by BARACK HUSSEIN OBAMA. (Burch, Alan) (Entered: 02/26/2010
Quote:
Plaintiff presents a rambling set of unsubstantiated conspiratorial allegations to support her claim that she has somehow been “injured” through her prior efforts to litigate the President’s eligibility for office including, inter alia, that she suffered “vicious attacks coming from the media,” that an “emissions hose” in her car “was disconnected,” that certain private individuals “submitted [sic] perjured affidavits . . . and forged her signature,” and that “her paypal account was tampered with.” Complaint at 2-3. Of these, the only harm that conceivably stems from official action on the part of any governmental entity is her claim that “[w]hen she brought two legal actions in the Middle District of Georgia . . . she was sanctioned $20,000.” Complaint at 3.
This injury is not traceable to any action of Defendant, but stems instead from her decisions to file, repeatedly, frivolous motions in district court in the Middle District of Georgia, even after being warned by that court.
Although Orly petitioned the Court to reopen the Appeal, the Court ruled against her. Another major FAIL. Orly forgot to file a timely appeal…
02/26/2010 Appellant’s “motion for Leave of Court” to reinstate appeal is DENIED. JLE/SFB
Feb 252010
In an interesting and somewhat heated exchange at Dr C’s Obama Conspiracy, our friend Mario Apuzzo made the following claim about the relevance of Vattel
Vattel exerted such a profound political influence that it is often said that his theories served as the backbone for American independence. J.S. Reeves, The Influence of the Law of Nature Upon International Law in the United States, American Journal of International Law, Vol. 3 547 et seq., passim (1909).
Remember how McCain sent a letter a few weeks ago to Orly, informing her that her case was a legal issue not a political one? As David Weigel reports, McCain has now released a campaign video in which he discusses the birthers.
Orly is upset as usual for not sharing the limelight.
Senator McCain owes me and my clients an apology and an opportunity to discuss this matter with him on the merits on the National TV, as his add was shown all over the National TV and all over the Internet, on a widely watched show, such as Sean Hannity show. (my husband’s favorite).
Hayworth, who had become the birthers’ darling, was quick to announce that he has no doubts that President Obama was born in Hawaii and is the President of the United States.
Fail…
Feb 222010
This better be a joke. Noone can be this foolish…
Attorney Appeals to UN for Protection from Persecution in United States
Geneva:
Today the UN Office of the High Commissioner for Human Rights has confirmed that American attorney Dr. Orly Taitz has applied for urgent action under the mandate for human rights defenders.
Dr. Taitz, a well known Constitutional attorney, has been under increasing attack in the United States from groups and individuals opposed to her legal actions challenging the Constitutional qualifications of Barrack Hussein Obama to hold the office of President of the United States.
Two new entries:
02/03/2010 204 MOTION CALDWELL, MICHAEL T. DENIED
02/26/2010 9:00AM McHenry County Government Center 304 MOTION – RECONSIDER PRATHER, SHARON L.
A motion to reconsider typically includes evidence that was not known during the original filing. I find it hard to believe that Meroni has added any significant novel reasons as to why she should be allowed to be appointed ‘special prosecutor’ or be heard by the McHenry County Grand Jury.
It will be interesting what Judge Cadwell denied…
Now that Glenn Beck has gotten so many of the tea bagging movement upset, I believe that there is an opportunity for these tea bagging members to join in a larger effort to keep Fox News and Glenn Beck honest.
The Huffington Post reports
Few may realize that the actions by a group called StopBeck.com have resulted in significant success:
Yesterday, for the fifth day in a row, the UK broadcast of Glenn Beck’s TV show was forced to run without any advertisements.
In fact:
It’s an amazing milestone in the larger effort to push advertisers away from Glenn Beck, which started last July. And at the same time, we’ve reached another important milestone — over 100 companies have now stopped their ads from appearing on Beck’s show.
So here is my question, will the tea baggers, who are clearly upset with Glenn Beck, join this effort?
In other positive news, Polls have shown that
It shows that only 7% of Americans have taken some step to support the Tea Party, but only 2% have given money and 5% attended a meeting or rally.
They asked in question 1 about the hypothetical Congressional line-up, and the electorate was split, 46/46 D/R. But, when the Tea Party is added in, it becomes 45/33/16 D/R/T.
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