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Dead Constitution
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Title: ABC News Gets The Donofrio SCOTUS Story Wrong
Source: Leo Donofrio's Blog
URL Source: http://naturalborncitizen.wordpress ... e-donofrio-scotus-story-wrong/
Published: Dec 4, 2008
Author: Leo Donofrio
Post Date: 2008-12-04 15:38:11 by bluegrass
Ping List: *Tracking Comrade Obama*     Subscribe to *Tracking Comrade Obama*
Keywords: None
Views: 1922
Comments: 96

Dear Mr. Terry Owens and ABC News.

The story you printed today with the headline, “Supreme Court to Decide Obama Citizenship” is riddled with errors. Allow me to correct the record for you.  I have said in my law suit that I believe Obama was born in Hawaii, so I have no idea why your story makes it seem as if my law suit is centered on the issue of where Obama was born.  You wrote,

“The President-elect has maintained he was born in the United States.”

The main argument of my law suit alleges that since Obama was a British citizen - at birth - a fact he admits is true, then he cannot be a “natural born citizen”.  The word “born” has meaning.  It deals with the status of a presidential candidate “at birth”.  Obama had dual nationality at birth.  The status of the candidate at the time of the election is not as relevant to the provisions of the Constitution as is his status “at birth.”  If one is not “born” a natural born citizen, he can never be a natural born citizen.

Furthermore, the case is scheduled for conference of all nine Justices, not eight. You should correct that.

And your reporting, which could have been complete with a simple phone call to the Public Information Office, is also deficient in that it wasn’t Justice Thomas alone who distributed the case for conference of December 5, 2008.  That was a decision taken after consideration of the full Court.

There are two docket entries for Nov. 19.  One of them shows that Justice Thomas referred the case to the full court.  The other indicates that the full court distributed the case for conference of Dec. 5. I suggest you call Patricia McCabe Estrada, Deputy Public Information Officer for the United States Supreme Court.  She will set you and your story straight.

The case could have easily been denied after Justice Thomas referred it to the full court.  There was no requirement that it be distributed for conference.  In fact, the normal procedure in referred applications involves no public mention of such cases until after the full Court has taken some action.  There is an official Supreme Court Publication entitled

“A REPORTER’S GUIDE TO APPLICATIONS Pending Before The Supreme Court of the United States”

You may find it here:

http://www.supremecourtus.gov/publicinfo/reportersguide.pdf

It will guide you with accuracy to the actions involved in the case you are reporting upon.  On page 3, it states:

Now go back and check the docket url for my case.

http://origin.www.supremecourtus.gov/docket/08a407.htm

Another misleading element of your story is the headline.  The Supreme Court will be focused on the issue of Obama’s eligibility to be President, not on his citizenship status.  Just being a “Citizen” is not enough to be President.  I have no doubt, and I’m sure the Supreme Court concurs, that Obama is a United States citizen.

But the Constitution draws a direct distinction between “Citizens” and “Natural Born Citizens”.  Citizens may be Senators and Representatives, but it takes something else to be President.  So, your headline is wrong as well as your story.

If you would like to respond to this letter, which I have just published in my blog about the case, feel free to do so and I will publish your response as is.

My blog URL is http://naturalborncitizen.wordpress.com

Yesterday, a reporter from the Kansas City Star wrote an equally misleading report about my case.  After readers of this blog confronted him, he had the decency to call me and apologize for the wrong treatment my case received in his report.  We struck up a good conversation and I gave him proper respect for his admission.  I am here to talk any time you like. I understand the concepts are technical and non-lawyers have problems with them.

Regards,

Leo C. Donofrio

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Begin Trace Mode for Comment # 43.

#9. To: bluegrass (#0)

The main argument of my law suit alleges that since Obama was a British citizen - at birth - a fact he admits is true, then he cannot be a “natural born citizen”. The word “born” has meaning. It deals with the status of a presidential candidate “at birth”. Obama had dual nationality at birth.

The Naturalization Act of 1790 provided:

"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."

American citizen children born in foreign countries, automatically obtaining such foreign citizenship by the principle of jus solis, were declared to be natural born citizens of the United States by the same folks who framed the Constitution.

Damn! Just damn! Those ignorant Framers somehow thought that a child with dual nationality was a natural born citizen. Just damn! Those poor Framers had never been given the keen insight of Leo Donofrio. No doubt Leo will overwhelm the Supreme Court justices who will then correct the more than two centuries of misunderstanding.

nolu_chan  posted on  2008-12-05   6:26:38 ET  Reply   Untrace   Trace   Private Reply  

The Naturalization Act of 1790 provided...Those ignorant Framers somehow thought that a child with dual nationality was a natural born citizen.

The same Framers replaced that wording with The Naturalization Act of 1795 which got rid of the "born beyond the sea" poetry and also added that only white people could become citizens.

What kind of lawyer are you that simple history escapes you?

bluegrass  posted on  2008-12-05   8:13:39 ET  Reply   Untrace   Trace   Private Reply  

The same Framers replaced that wording with The Naturalization Act of 1795 which got rid of the "born beyond the sea" poetry and also added that only white people could become citizens.

What kind of lawyer are you that simple history escapes you?

Yeah,

[1790] the children of citizens of the United States, that may be born beyond sea, or out of the limits of the United States, shall be considered as natural born citizens

changed to

[1795] the children of citizens of the United States born out of the limits and jurisdiction of the United States, shall be considered as citizens of the United States.

and

[1790] any alien, being a free white person

changed to

[1795] any alien, being a free white person

It looks like you did not even bother to read them. Just how did the 1795 Act add "that only white people could become citizens?"

In 1795, it is still saying that children born overseas in a foreign country are citizens at birth.

= = = = = = = = = =

QUALIFICATIONS - Natural Born - Congressional Research Service

http://www.law.cornell.edu/anncon/html/art2frag5_user.html#art2_sec1cl5

Clause 5. 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.

QUALIFICATIONS

All Presidents since and including Martin Van Buren were born in the United States subsequent to the Declaration of Inde[p.434]pendence. The only issue with regard to the qualifications set out in this clause, which appears to be susceptible of argument, is whether a child born abroad of American parents is “a natural born citizen” in the sense of the clause. Such a child is a citizen as a consequence of statute. [94] Whatever the term “natural born” means, it no doubt does not include a person who is “naturalized.” Thus, the answer to the question might be seen to turn on the interpretation of the first sentence of the first section of the Fourteenth Amendment, providing that “[a]ll persons born or naturalized in the United States” are citizens. [95] Significantly, however, Congress, in which a number of Framers sat, provided in the Naturalization act of 1790 that “the children of citizens of the United States, that may be born beyond the sea,... shall be considered as natural born citizens....” [96] This phrasing followed the literal terms of British statutes, beginning in 1350, under which persons born abroad, whose parents were both British subjects, would enjoy the same rights of inheritance as those born in England; beginning with laws in 1709 and 1731, these statutes expressly provided that such persons were natural–born subjects of the crown. [97] There is reason to believe, therefore, that the phrase includes persons who become citizens at birth by statute because of their status in being born abroad of American citizens. [98] Whether the Supreme Court would decide the issue should it ever arise in a “case or controversy” as well as how it might decide it can only be speculated about. [p.435]

Footnotes

[94] 8 U.S.C. Sec. 1401 .

[95] Reliance on the provision of an Amendment adopted subsequent to the constitutional provision being interpreted is not precluded by but is strongly militated against by the language in Freytag v. CIR, 501 U.S. 868, 886–887 (1991), in which the Court declined to be bound by the language of the 25th Amendment in determining the meaning of “Heads of Departments” in the appointments clause. See also id., 917 (Justice Scalia concurring). If the Fourteenth Amendment is relevant and the language is exclusive, that is, if it describes the only means by which persons can become citizens, then, anyone born outside the United States would have to be considered naturalized in order to be a citizen, and a child born abroad of American parents is to be considered “naturalized” by being statutorily made a citizen at birth. Although dictum in certain cases supports this exclusive interpretation of the Fourteenth Amendment, United States v. Wong Kim Ark, 169 U.S. 649, 702– 703 (1898); cf. Montana v. Kennedy, 366 U.S. 308, 312 (1961), the most recent case in its holding and language rejects it. Rogers v. Bellei, 401 U.S. 815 (1971).

[96] Act of March 26, 1790, 1 Stat. 103, 104 (emphasis supplied). See Weedin v. Chin Bow, 274 U.S. 657, 661–666 (1927); United States v. Wong Kim Ark, 169 U.S. 649, 672–675 (1898). With minor variations, this language remained law in subsequent reenactments until an 1802 Act, which omitted the italicized words for reasons not discernable. See Act of Feb. 10, 1855, 10 Stat. 604 (enacting same provision, for offspring of American–citizen fathers, but omitting the italicized phrase).

[97] 25 Edw. 3, Stat. 2 (1350); 7 Anne, ch. 5, Sec. 3 (1709); 4 Geo. 2, ch. 21 (1731).

[98] See, e.g., Gordon,Who Can Be President of the United States: The Unresolved Enigma, 28 L. Rev.1 (1968).

= = = = = = = = = =

Act of March 26, 1790 (1 Stat 103-104)

http://memory.loc.gov/cgi-bin/ampage?collId=llsl&fileName=001/llsl001.db&recNum=226

http://memory.loc.gov/cgi-bin/ampage?collId=llsl&fileName=001/llsl001.db&recNum=227

FIRST CONGRESS. Sess: II. Ch. 3 1790

Chap. III. -- An Act to establish an uniform Rule of Naturalization.(a)

That any alien, being a free white person, who shall have resided within the limits and under the jurisdiction of the United States for the term of two years, may be admitted to become a citizen thereof, on application to any common law court of record, in any one of the States wherein he shall have resided for the term of one year at least, and making proof to the satisfaction of such court, that he is a person of good character, and taking the oath or affirmation prescribed by law, to support the Constitution of the United States, which oath or affirmation such court shall administer; and the clerk of such court shall record such application, and the proceedings thereon; and thereupon such person shall be considered as a citizen of the United States. And the children of such persons so naturalized, dwelling within the United States, being under the age of twenty-one years at the time of such naturalization, shall also be considered as citizens of the United States. And the children of citizens of the United States, that may be born beyond sea, or out of the limits of the United States, shall be considered as natural born citizens: Provided, that the right of citizenship shall not descend to persons whose fathers have never been resident in the United States: Provided also, That no person heretofore proscribed by any state, shall be admitted a citizen as aforesaid, except by an act of the legislature of the state in which such person was proscribed. (a)

Approved, March 26, 1790.

= = = = = = = = = =

http://www.earlyamerica.com/earlyamerica/milestones/naturalization/naturalization_text.html

The Naturalization Act of 1795

An Act to establish an uniform Rule of Naturalization; and to repeal the Act heretofore passed on that Subject. For carrying into complete effect the power given by the constitution, to establish an uniform rule of naturalization throughout the United States;

SECTION 1. BE it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, that any alien, being a free white person, may be admitted to become a citizen of the United States, or any of them, on the following conditions, and not otherwise. First, he shall have declared, on oath or affirmation, before the Supreme, Superior, District, or Circuit Court of some one of the states, or of the territories northwest or south of the Ohio River, or a Circuit or District Court of the United States, three years at least before his admission, that it was, bona fide, his intention to become a citizen of the United States, and to renounce forever all allegiance and fidelity to any foreign prince, potentate, state, or sovereignty whereof such alien may at that time be a citizen or subject. Secondly. He shall, at the time of his application to be admitted, declare on oath or affirmation before some one of the courts aforesaid that he has resided within the United States five years at least, and within the state or territory where such court is at the time held, one year at least; that he will support the Constitution of the United States; and that he does absolutely and entirely renounce and abjure all allegiance and fidelity to any foreigh prince, potentate, state, or sovereignty whatever and particularly by name the prince, potentate, state, or sovereignty whereof he was before a citizen or subject; which proceedings shall be recorded by the clerk of the court. Thirdly. The court admitting such alien shall be satisfied that he has resided within the limits and under the jurisdiction of the United States five years. It shall further appear to their satisfaction that during that time he has behaved as a man of a good moral character, attached to the principles of the Constitution of the United States, and well-disposed to the good order and happiness of the same. Fourthly. In case the alien applying to be admitted to citizenship shall have borne any hereditary title, or been of any of the orders of nobility, in the kingdom or state from which he came, he shall, in addition to the above requisites, make an express renunciation of his title or order of nobility in the court to which his application shall be made; which renunciation shall be recorded in the said court.

SEC. 2. Provided always, and be it further enacted, That any alien now residing within the limits and under the jurisdiction of the United States may be admitted to become a citizen on his declaring, on oath or affirmation, in some one of the courts aforesaid, that he has resided two years, at least, within and under the jurisdiction of the same, and one year, at least, within the state or territory where such court is at the time held; that he will support the Constitution of the United States; and that he does absolutely and entirely renounce and abjure all allegiance and fidelity to any foreign prince, potentate, state, or sovereignty whatever, and particularly by name the prince, potentate, state, or sovereignty whereof he was before a citizen or subject. Moreover, on its appearing to the satisfaction of the court that, during the said term of two years, he has behaved as a man of good moral character, attached to the Constitution of the United States, and well-disposed to the good order and happiness of the same; and when the alien applying for admission to citizenship shall have borne any hereditary title, or been of any of the orders of nobility in the kingdom or state from which he came, on his, moreover, making in the court an express renunciation of his title or order of nobility, before he shall be entitled to such admission; all of which proceedings, required in this proviso to be performed in the court, shall be recorded by the clerk thereof.

SEC. 3. And be it further enacted, that the children of persons duly naturalized, dwelling within the United States, and being under the age of twenty-one years at the time of such naturalization, and the children of citizens of the United States born out of the limits and jurisdiction of the United States, shall be considered as citizens of the United States. Provided, that the right of citizenship shall not descend on persons whose fathers have never been resident of the United States. No person heretofore proscribed by any state, or who has been legally convicted of having joined the army of Great Britain during the late war, shall be admitted as foresaid, without the consent of the legislature of the state in which such person was proscribed.

SEC. 4. And be it further enacted, that the Act, intitled, "An act to establish an uniform rule of naturalization," passed the twenty-sixth day of March, one thousand seven hundred and ninety, be, and the same is hereby repealed.

FREDERICK AUGUSTUS MUHLENBERG, Speaker of the House of Representatives.

JOHN ADAMS, Vice-President of the United States, And President of the Senate.

APPROVED, January the 29th, 1795:

GEORGE WASHINGTON, President of the United States

= = = = = = = = = =

nolu_chan  posted on  2008-12-06   0:48:01 ET  Reply   Untrace   Trace   Private Reply  

the children of citizens of the United States born out of the limits and jurisdiction of the United States, shall be considered as citizens of the United States.

The key word here appears to be the plural term citizens. Being born to one citizen doesn't make one a natural born citizen. Being born a dual citizen with only one parent as a citizen and the other as a British/Kenyan citizen certainly takes him out of the running for natural born citizen.

So much damned obfuscation of one simple fact.

bluegrass  posted on  2008-12-06   1:16:26 ET  Reply   Untrace   Trace   Private Reply  

He was born in Hawaii. That makes him a natural born citizen according to the law. Your only desperate hope is to try and prove he wasn't born in Hawaii. Good luck.

bush_is_a_moonie  posted on  2008-12-06   4:36:39 ET  Reply   Untrace   Trace   Private Reply  

Hey ass kisser. Did you deliver him? No you didn't asswipe. So shut the fuck up and let the nigger prove it.

Old Friend  posted on  2008-12-06   8:38:48 ET  Reply   Untrace   Trace   Private Reply  

So shut the fuck up and let the nigger prove it.

You hurt this cause. You don't help it.

Edit: He's also half honkey.

bluegrass  posted on  2008-12-06   8:39:57 ET  Reply   Untrace   Trace   Private Reply  

One of the biggest problems with this country is the way everyone dances around race. Oh you can't say that you might offend someone. I say bullshit. Quit being afraid to confront the enemy be they black or white. Don't be afraid to be called a racist. It is an empty charge. Did you know that all the blacks already support the enemy. No need to suck up to them anymore. Guess what. Even if you don't offend them they are still going to vote race.

Old Friend  posted on  2008-12-06   8:44:30 ET  Reply   Untrace   Trace   Private Reply  

One of the biggest problems with this country is the way everyone dances around race.

I'll discuss race all day long. I once tried to get a thread going on it here based on Yockey's writings.

What doesn't interest me is pointless invective as a means of rage dispersal.

bluegrass  posted on  2008-12-06   8:49:30 ET  Reply   Untrace   Trace   Private Reply  

Who is Yockey?

Old Friend  posted on  2008-12-06   8:53:10 ET  Reply   Untrace   Trace   Private Reply  

Who is Yockey?

Educate yourself and get back to me. I'm not going to waste my time on you.

bluegrass  posted on  2008-12-06   8:55:59 ET  Reply   Untrace   Trace   Private Reply  

#44. To: bluegrass (#43) (Edited)

Old Friend  posted on  2008-12-06 08:58:11 ET  Reply   Untrace   Trace   Private Reply  

Yockey must not be worhth a shit or you would mention it.

Old Friend  posted on  2008-12-06 08:58:43 ET  Reply   Untrace   Trace   Private Reply  

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