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Obama likely ineligible to be on the Georgia ballot


Lady.hawke
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II. Application of the "Natural Born Citizen" Requirement

 

Plaintiffs allege that President Barack Obama is not a natural born citizen of the United States and, therefore, is not eligible to run in Georgia's presidential primary election. As indicated supra, the United States Constitution states that "[n]o person except a natural born Citizen . . . shall be eligible for the Office of the President . . . " (footnote 4) U.S. Const. art. I, § 1, cl. 5.

 

For the purpose of this section's analysis, the following facts are considered: 1) Mr. Obama was born in the United States; 2) Mr. Obama's mother was a citizen of the United States at the time of his birth; and 3) Mr. Obama's father was never a United States citizen. Plaintiffs contend that, because his father was not a U.S. citizen at the time of his birth, Mr. Obama is constitutionally ineligible for the Office of the President of the United States. The Court does not agree.

 

In 2009, the Indiana Court of Appeals ("Indiana Court") addressed facts and issues similar to those before this Court. Arkeny v. Governor, 916 N.E.2d 678 (Ind. Ct. App. 2009). In Arkeny, the plaintiffs sought to prevent certification of Mr. Obama as an eligible candidate for president because he is not a natural born citizen. Id. at 681. The plaintiffs argued, as the Plaintiffs argue before this Court, that "there's a very clear distinction between a 'citizen of the United States' and a 'natural born Citizen,' and the difference involves having [two] parents of U.S. citizenship, owing no foreign allegiance." Id. at 685. The Indiana Court rejected the argument that Mr. Obama was ineligible, stating that children born within the United States are natural born citizens, regardless of the citizenship of their parents. Id. at 688. This Court finds the decision and analysis of Arkeny persuasive.

 

The Indiana Court began its analysis by attempting to ascertain the definition of "natural born citizen" because the Constitution does not define the term. Id. at 685-86; See Minor v. Happersett, 88 U.S. 162, 167 (1875) ("The Constitution does not, in words, say who shall be natural born citizens. Resort must be had elsewhere to ascertain that"); see also United States v. Wong Kim Ark, 169 U.S. 649 (1898) (noting that the only mention of the term "natural born citizen" in the Constitution is in Article II, and the term is not defined in the Constitution).

 

The Indiana Court first explained that the U.S. Supreme Court has read the Fourteenth Amendment and Article II (natural born citizen provision) in tandem and held that "new citizens may be born or they may be created by naturalization." Id. at 685 (citing Minor, 88 U.S. at 167); See U.S. Const. amend. XIV, § 1. ("All persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States . . . ."). In Minor, the Court observed that:

 

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. Some authorities go further and include as citizens children born within the jurisdiction without reference to the citizenship of their parents. As to this class there have been doubts, but never as to the first. For the purposes of this case it is not necessary to solve these doubts.

 

Id. at 167-68. Plaintiffs ask this Court to read the Supreme Court's decision in Minor as defining natural born citizens as only "children born in a country of parents who were its citizens." 88 U.S. at 167. However, the Indiana Court explains that Minor did not define the term natural born citizen. In deciding whether a woman was eligible to vote, the Minor Court merely concluded that children born in a country of parents who were its citizens would qualify as natural born, and this Court agrees. The Minor Court left open the issue of whether a child born within the United States of alien parent(s) is a natural born citizen.

 

Next, the Indiana Court looked to United States v. Wong Kim Ark, in which the Supreme Court analyzed the meaning of the words "citizen of the United States" in the Fourteenth Amendment and "natural born citizen of the United States" in Article II to determine whether a child born in the United States to parents who, at the time of the child's birth, were subjects of China "becomes at the time of his birth a citizen of the United States, by virtue of the first clause of the fourteenth amendment . . ." Id. at 686 (citing Wong Kim Ark, 169 U.S. at 653). The Indiana Court determined that the two provisions "must be interpreted in the light of the common law, the principles and history of which were familiarly known to the framers of the constitution." Id. (citing Wong Kim Ark, 169 U.S. at 654). The Indiana Court agreed that "[t]he interpretation of the constitution of the United States is necessarily influenced by the fact that its provisions are framed in the language of the English common law, and are to be read in the light of its history." Id. (citing Wong Kim Ark, 169 U.S. at 655) (internal citation omitted). The Wong Kim Ark Court extensively examined the common law of England in its decision and concluded that Wong Kim Ark, who was born in the United States to alien parents, became a citizen of the United States at the time of his birth. (Footnote 5) Wong Kim Ark, 169 U.S. at 705.

 

Relying on the language of the Constitution and the historical reviews and analyses of Minor and Wong Kim Ark, the Indiana Court concluded that

 

persons born within the borders of the United States are "natural born citizens" for Article II, Section 1 purposes, regardless of the citizenship of their parents. Just as a person "born within the British dominions [was] a natural-born British subject" at the time of the framing of the U.S. Constitution, so too were those "born in the allegiance of the United States [] natural-born citizens."

 

(916 N.E.2d at 688.) The Indiana Court determined that a person qualifies as a natural born citizen if he was born in the United States because he became a United States citizen at birth. (Footnote 6).

 

For the purposes of this analysis, this Court considered that President Barack Obama was born in the United States. Therefore, as discussed in Arkeny, he became a citizen at birth and is a natural born citizen. Accordingly, CONCLUSION President Barack Obama is eligible as a candidate for the presidential primary election under O.C.G.A. § 21-2-5(:tup:.

 

SO ORDERED, February 3rd, 2012

 

Lady.Hawke, my three sons (all native born United States citizens) offer this to you: :wacko:

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Lady.Hawke, my three sons (all native born United States citizens) offer this to you: :wacko:

 

No matter what you say here, your children will always be dirty forners to me... :tup:

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I'd bet that a goodly percentage of those who supported that endeavor have railed against frivolous lawsuits.

Exactly.

 

Does anyone else find it ironic that the people bringing this fatuous case are the very same people most likely to be found ranting about frivolous lawsuits?
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Does anyone else find it ironic that the people bringing this fatuous case are the very same people most likely to be found ranting about frivolous lawsuits?

 

Obviously not.

 

What was it, 7 people that brought this suit? Those seven obviously enjoy filing frivolous lawsuits. Maybe they do rant about people filing frivolous lawsuits but lets face it, they are friggen idiots so who cares.

 

Not ironic just stupid people trying to get noticed is how I look at this.

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Lady.hawke went down to Georgia

She was lookin' for an election to steal

She was in a bind 'cause she was way behind

And she was willin' to make a deal

 

When she came across this young man Obama

Running the country, rhetoric hot

And Lady.hawke jumped up on a hickory stump

And she said, "let me tell you what"

 

I guess you didn’t know it

But I'm a Republican fool

And if you care to take a dare

I'll just make a bet with you"

 

"Now you play a pretty good president,

But give me my due

I'll bet an election against your soul

'Cos I think we’re better than you"

 

The boy said, "My name's Barack

And it might be a sin

But I'll take your' bet, you're gonna regret

Cause I'm the best there's ever been"

 

 

Obama prove your citizenship and fight it real hard

'Cause hell's broke loose in Georgia and Lady.hawke deals the cards

And if you win you get this re-election and go home

But if you lose Lady.hawke gets your home

 

Lady.hawke opened her case

And she said, "I'll start this show"

And fire flew from her laptop

As she searched for “facts” to show

 

And then she clicked the enter key

And it made an evil hiss

And a band of birthers joined in

And it sounded something like this

 

When Lady.hawke finished

Obama said, "well you're pretty good old one

But just sit down in that chair right there

Let me show you how its done

 

 

Lawyer in the courthouse, run boys, run

Lady.hawkes wants the White House of the Chosen One

Obama’s a citizen just like you

Is Lady.hawke right? No child, no

 

Lady.hawke bowed her head

Because she knew that she'd been beat

And she laid that election

On the ground at Obama's feet

 

Obama said, "Lady.hawke ,just come on back

If you ever wanna try again

I done told you once you crazy witch

I'm the best there's ever been"

 

He played, ‘Lawyer in the courthouse, run boys, run

Lady.hawkes wants the White House of the Chosen One

Obama’s a citizen just like you

Is Lady.hawke right? No child, no

Edited by Chief Dick
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Lady.hawke went down to Georgia

She was lookin' for an election to steal

She was in a bind 'cause she was way behind

And she was willin' to make a deal

 

When she came across this young man Obama

Running the country, rhetoric hot

And Lady.hawke jumped up on a hickory stump

And she said, "let me tell you what"

 

I guess you didn’t know it

But I'm a Republican fool

And if you care to take a dare

I'll just make a bet with you"

 

"Now you play a pretty good president,

But give me my due

I'll bet an election against your soul

'Cos I think we’re better than you"

 

The boy said, "My name's Barack

And it might be a sin

But I'll take your' bet, you're gonna regret

Cause I'm the best there's ever been"

 

 

Obama prove your citizenship and fight it real hard

'Cause hell's broke loose in Georgia and Lady.hawke deals the cards

And if you win you get this re-election and go home

But if you lose Lady.hawke gets your home

 

Lady.hawke opened her case

And she said, "I'll start this show"

And fire flew from her laptop

As she searched for “facts” to show

 

And then she clicked the enter key

And it made an evil hiss

And a band of birthers joined in

And it sounded something like this

 

When Lady.hawke finished

Obama said, "well you're pretty good old one

But just sit down in that chair right there

Let me show you how its done

 

 

Lawyer in the courthouse, run boys, run

Lady.hawkes wants the White House of the Chosen One

Obama’s a citizen just like you

Is Lady.hawke right? No child, no

 

Lady.hawke bowed her head

Because she knew that she'd been beat

And she laid that election

On the ground at Obama's feet

 

Obama said, "Lady.hawke ,just come on back

If you ever wanna try again

I done told you once you crazy witch

I'm the best there's ever been"

 

He played, ‘Lawyer in the courthouse, run boys, run

Lady.hawkes wants the White House of the Chosen One

Obama’s a citizen just like you

Is Lady.hawke right? No child, no

 

:wacko::lol::tup:

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