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pls stop your attempts at twisting my comments. my comments are as per my posts. do me a favour and read them. if there are specific lines you disagree with, highlight them and post them up.
as posted a moment ago: john bingham, "father" of the 14th amendment: find no fault with the introductory clause [S 61 Bill], which is simply declaratory of what is written in the Constitution, that every human being born within the jurisdiction of the United States of parents not owing allegiance to any foreign sovereignty is, in the language of your Constitution itself, a natural born citizen¡[6] obama ADMITS he was born with british citizenship because his father was a british citizen when obama was born. therefore, as per the above quote, he is not a natural born citizen in the language of the constitution itself. this man WROTE the 14th amendment. id say he would know what he was talking about no?? |
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I'm not twisting your words Don. I admire your tenacity and am trying to get you to be more forensic in how you set out your argument (because you haven't done that to be honest - hence the 300+ posts it has taken you on here)
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to be fair keith i forget what i have posted where. there have been numerous threads on this board - one was even removed. also several on the poker board.
that post i just made has already been made on this thread - hence my frustration. i have had to make the same posts over and over because new people come along and challenge me on the same points. i have already answered these points and have not had responses or counter arguments to them by these challengers, which i take as a sign that they accept my logic and argument, albeit they dont like it much, but they're now quiet because they have no argument :) |
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investigate the matter yourself and im sure you will eventually arrive at the same conclusions thats all im saying. everyone seems too willing to write off what im saying simply because countless numbers of other sources are saying differently, without actually relying on any facts.
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but they're now quiet because they have no argument
Unreal. Don, back in November you said Obama would never be sworn in . It's now January the 21st and Presiden Obama is in office yet you still cling to your ridiculous notion that he's ineligible to be president. And we're all quiet because we have no argument? There's no argument needed. Barack Obama is the president of the USA and with all due respect mate, you were wrong. |
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Here's my take (and I'm a product manager not a lawyer) on it:
1) Article two of the US Constitution contains the clause: "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" 2) The Citizenship clause of the 14th amendment provides another source of constitutional doctrine: "All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside" The constitution say that a citizen of the United States shall be eligible to the office of president. The 14th amendment defines who a citizen is. Obama fits this criteria given that he was born in the US. And hey presto he's eligible to be president. |
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i disagree on that simply because the constitution says a natural born citizen may become president (it doesnt just say citizen - 2 different legal meanings), or someone who was a citizen when the constitution was first enforced (which obviously is irrelevant now as their is no-one still alive from that time nor will there ever be). so basically you are only left with - must be a natural born citizen
if they did not mean natural born citizen, they wouldnt have said that, and would have referred to citizen. given that they did say natural born citizen, you then have to decide what they meant by that. i have provided plenty of evidence as to the meaning of the term "natural born citizen" ps i quit the financial services industry to play poker full time a few years ago. this has given me plenty of time to research such topics wherever i wanted to. i would not be saying this if i did not think it were an issue - imo there is a wealth of evidence "out there" that confirms my thinking. anyway, i appreciate the time you're taking to politely discuss this. |
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almost forgot - further to your last post - the line you quote from the14th amendment refers to citizenship only, not natural born citizenship. there is clearly a difference as already interested.
some more easily available evidence of this is the Naturalisation Act of 1790 which referred to natural born citizens but was then repealed and replaced with the naturalisation act of 1798 which simply dropped the words "natural born" from the phrasing. they realised the two were different and should not be confused. |
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already interested!?? oops. meant already explained
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Why do you overlook this? "...natural born Citizen, or a Citizen of the United States"
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stemroach - i missed your comment there.
technically speaking he is a usurper if not eligible. feel free to check the definition of usurper. the msm may not be telling you and are hiding it, but there are actually a lot of people in us that feel this way. i did not think he would be sworn in because i thought the courts would honour their role to protect the constitution. instead they have delayed cases until after he is sworn in, and respectfully we will soon see what happens with these cases, what explanations of the law are offered, and the final outcome. by outcome, i mean ruling outright whether he is eligible or not. they are yet to do this despite the best efforts of thousands of people. i have already posted on here that i was clearly wrong about him being sworn in, because he has been, and i will of course honour any bets i made on this front (although im offering double or nothing that he doesnt last a year). like ive said - i feel they have made an incorrect decision in swearing him in. i do still believe that this will be ruled upon at some point and he will be found ineligible. |
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Why do you overlook this? "...natural born Citizen, or a Citizen of the United States"
because the next part of the sentence says "at the time of the Adoption of this Constitution" this line was added so that the founding father's themselves could become president, because they knew that they did not meet the criteria of natural born citizens themselves because they were born with allegiance to a foreign sovereign, ie the king of england. |
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The American's do not (and never have) held a child responsible for what their parent's did to them. Therefore, a natural born citizen (one who was born with the right to citizenship rather than one who applied for it) is not held responsible for the fact that their parent(s) gave/forced, however you want to put it, another citizenship upon them. There was a time when they demanded that the child must make a choice at the age of 21, this is no longer required. This was one of the many things I was told by the consulate here in the London Embassy and also by my cousin who is now Ambassador to Peru when this subject was investigated as it was relevant for us as a family. This we did 4 times and all 4 times the answers were the same.
Don, you have proved nothing other than your immense ability to regurgitate rhetoric by copying and pasting another's vain attempt to make a name for themselves. I agree he will serve out his 4 years and will almost certainly (should he run again) serve another 4. Keith - he is correct that to be eligible for the Presidency you must be a natural born citizen. |
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keith - pls comment as to what you think "natural born citizen means".
prettyace - ty for your comments. obviously you know better than i about what they said to you. perhaps you can inform me of your circumstances (ie yourself, your partner and your children) - i may find this of some help. |
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and i have not simply regurgitated rhetoric (i believe that is obamas role lol) - i have posted direct quoted from people, including authors of the consitution and subsequent amendments. this is not rhetoric.
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also, perhaps you can confirm whether you have legal confirmation of your children's status too - are they citizens, or natural born citizens, or is no disctinction made?
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and with all due respect, those that were responsible for dealing with your enquiry may well have been following what they thought and were told was the case. the supreme court may rule differently to that and moving forward they would respond differently to an enquiry such as yours.
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i have to go now but will be back later so feel free to post up any responses or questions and i will address them
:) |
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I see no relevance in revealing my situation to you as it is quite different from Obama's. Since he was born on US soil one would almost think he has more right than my children, but he does not as they are quite equal in their rights. But I am an American and all my children were born here. Therefore the embassy needed to be notified that an American child had been born. The relevant papers were submitted and citizenship (and full rights) was registered. They did not apply for citizenship (that was not necessary as it was a right they were entitled to) we only informed the embassy of the fact they were born since it was an oversea's birth, as one needs to do when a death occurs overseas. They are natural born....this is confirmed. They also are entitled to triple citizenship and are able to keep all 3 whilst maintaining their US status. This changed sometime in the early 80's as before then you needed to make a choice once you reached age of consent ie 21. Michael is the last person to make a mistake and for him to make such a mistake is inconceivable. 4 different consulates were consulted as they were all single births, rather than twins.
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P.S. Father was British/Canadian. So very much (and even more so) like Obama's father in the fact he was not an American.
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"I feel they made the incorrect decision in swearing him in"
My god if Obama was a mistake what did the decision to swear Bush in look like now? |
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prettyace - thx for your response :)
your case appears to me to be an interesting one - as assuming i am right in thinking from your response that you have written confirmation that your children are "natural born citizens", using that specific phrasing, that does indeed raise questions as to the accuracy of my theory. that said, i cannot see any basis for this decision in law that cannot be disproven, and respectfully, within your explanation of your case you have not actually provided any legal proof or evidence (in fact it is your argument that is purely rhetoric) other than your handful of cases which of course correctly you are viewing as precedent. that said, it remains my opinion that many previous cases may not have been dealt with correctly, even accepting that you feel this is inconceivable - and pls believe me i do respect your opinion and position on this. if you feel you do have basis within constitutional law please post up the relevant legal quotes and i would love to take a look (obviously don't feel you have to if you've had enough of this discussion) - if proven wrong i will of course accept that, i just dont think i have been as yet, despite some good arguments... and in fact i dont think i will be but we know that already :) i guess we will have to wait and see if the supreme court do actually rule on this at some point, but seeing as the timescale for this cannot be assumed and in fact it could never happen, i accept that within the current US interpretation of law obama is a natural born citizen. i do still think this interpretation will change upon further scrutinisation by the supreme court though and i will be proven correct... eventually.lol. i will post up any developements regarding the court cases if i see them as being relevant or worthy of highlighting, and continue to review and reply to any legal argument anyone can put forward. thx again for your time :) ruth - i never for one second said bush was not a mistake. |
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..so basically i am agreeing that obama is a natural born citizen under the current us law being practiced, however imo he is not one under the constitutional law that the us is actually bound to (or says it is), and they will soon realise that and change practice, including the removal of obama from office. and yes i could be wrong about them changing practice - they could just diverge further from the consititution in general with their legal practice and general policy.
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pmsl
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There will not be any change. Only those born with the right to citizenship are natural born. Let me explain this once again very slowly. There are 2 kinds of citizens.....1st those who are naturally born American's and 2nd those who chose to take up citizenship. This is the way that it has always been and the supreme court will not go creating a 3rd category of citizens who are neither natural or naturalised. There is a process to be followed to be naturalised. There are fees, tests, ceremonies and oaths to be taken then at the end you are given your certificate of citizenship. It just does not happen all of sudden. What in the world would they call these other citizen's? Semi-natural? Can't be plain ol' citizen as that is a word that encompasses all citizens so they would have to have a name as the natural and naturalised do. Can you imagine the mayhem that would ensue should they do that? All those who did not have forethought and have been unfortunate enough to be born to one non-American parent or born abroad would have huge cases against the law makers for taking away their natural born rights as citizen's.
Your 1st clue as to why they are not doing so is the simple fact that they are not listening to these frivolous cases. According to you they have been numerous. Not one has been listened to. They are duty bound not to entertain cases that have no merit as they are duty bound to listen to those that do. Doing otherwise would clog the system and nothing would ever be accomplished. Those bringing the cases do not appear to have the intellect to create a case that is worthy of being heard and never will on this subject. Simply because they have filed cases does not make them cases that must be heard. Have you ever read anything about the mess the US legal system is in due to the inane cases that are brought forth all the time? The dockets are so long that it takes years to get the simplest thing done as even the most absurd cases must be addressed and deemed worthy or not of being heard. The man hours involved in doing this backs everything up. And WOW to your doggedness in this matter, misplace though it surely is. Even though you may not have believed it all before there is now precedent with the simple fact that Obama is now President. You sure you are not an American? It does appear that you believe every word you read on the net. Try to not do that or you will be sorely misinformed a good deal of the time. I say that with all due respect. This is the end of my participation in this subject. It is just far too preposterous to continue on with. |
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i will reply in full a bit later. i must say im disappointed though with the arrogant tone of your most recent post. nevermind - im sure it is purely because in your eyes you are defending the legal status of your children which i of course appreciate.
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On a plain reading "natural born US citizen" includes a person born in the US as an American.
Which Obama was. Which is the end of the debate (such that it is a debate). |
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I am aware I said last post, but this truly will be. To be completely frank my arrogant tone came from frustration in your unwillingness to see the obvious and I apologise. I feel no compulsion to defend my children's legal status to you or anyone else at it is apparent and not in need of being defended. I purely added their story as it might have in some small way bring forth the truth of the matter to you. It was wrong of me to take that tone nonetheless. Ok, that too sounded arrogant, but there is no other way of explaining myself effectively.
Ta Ta, back to the poker forum from whence I came and will not revisit this one anywhere in the foreseeable future. |
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had two swear him in twice...mmmm...
is this so they can say later on that he neve was president ? :) |
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:) quite convenient that there was a mistake the first time.
no bible present the second time he was sworn in either. |
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Hard to believe someone would fluff their lines getting sworn into the most powerful position on the planet in front of 2 million and billions watching on tv. Very suspicious if you ask me there must be something sinister going on.
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he didn't fluff his lines
the guy swearing him in did and he repeated them as he was meant to he didn't have to retake the oath either but chose to in case people questioned his legitimacy as 2 previous presidents have done |
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pretty ace - ty for the apology - no probs, as I do understand your frustration. please accept i feel as frustrated as you do, if not more so, that my perspective on this is currently the minority view.
in response to your argument (excuse grammar etc, put this together quickly) it appears to me that your children are regrettably not natural born citizens in constitutional terms. that is not to say that they are not citizens from birth - I fully accept that they are, however this does not necessarily mean someone is a natural born citizen in constitutional terms - and it is constitutional terms that matter with regard to obama's eligibility. your children, given the circumstances of yourself and their father, are citizens at birth but by statute (evidence below). this is the same as john mccain (albeit different statute, arguably) and is the reason he is not eligible either under the consitution's terms. one cannot be a natural born citizen by statute, only by fulfilling the criteria specified in the consitiution in particular the section with regard to presidential eligiblity, where the nbc term is mentioned. to interpret the term nbc correctly you need to consider all the other evidence surrounding that term throughout constitutional history, which i have done. ive copied the segment below from the US Department Of State Website. Birth Abroad to One Citizen and One Alien Parent in Wedlock: A child born abroad to one U.S. citizen parent and one alien parent acquires U.S. citizenship at birth under Section 301(g) INA provided the citizen parent was physically present in the U.S. for the time period required by the law applicable at the time of the child's birth. (For birth on or after November 14, 1986, a period of five years physical presence, two after the age of fourteen is required. For birth between December 24, 1952 and November 13, 1986, a period of ten years, five after the age of fourteen are required for physical presence in the U.S. to transmit U.S. citizenship to the child. Therefore, your children are citizens via the Immigration & Nationality Act, as per above. if you were to ask the consulate whether your children would be eligible for president, i am sure they will say no. and if they dont, again it is a case of incorrect instructions having been passed down over a period of years. but consider another quote from Department Of State Affairs Manual: ""the fact that someone is a natural born citizen pursuant to a statute does not necessarily imply that he or she is such a citizen for Constitutional purposes." i find this pretty explicit. your argument that "it has always been this way" is not much of a legal argument either im afraid. you dont seem to be able to point to the laws that make your children natural born citizens, i believe because there aren't any, and therefore i am unable to change my position with regard to my feelings on the obama eligiblity subject. in short, your children were naturally born citizens, but not constitutional natural born citizens, if that makes sence. with regard to the lawsuits - there have been numerous, and there still are. some were denied immediately without comment, others taken to conference and then denied without comment or with regard to standing. now that obama is (supposedly at least) president, i would imagine it is easier to approach the subject under the law. finally - why is it that the supreme court will not just accept a case and actually rule him as eligible?? why havent they done that to stop more cases "wasting their time" |
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they guy swearing him in canary was chief justice roberts. perhaps he's covering himself?? if he actually swore in an eligible candidate he would not only lose his position but be prosecuted for treason.
thought i would also highlight some strange goings on. all the dockets, both open and closed cases from before the inauguration, have been removed from the scotus docket system now. this is not a standard procedure and they do not remove dockets at any point from that system, regardless of content, in any other circumstances. one remains berg v obama, and of course there are several other ones lined up that are docketed for post-inauguration conferences. who knows why. thats ignoring donofrio's initial cases that a clerk rejected without referring to a justice - again the clerk did does not have the legal authority to do this, should have been prosecuted once it was identified that this had happened, but remains in his job. |
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ffs
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You cannot just pick, chose or add Don. There is no NIA in the sentence. Have a look for yourself with the link below. Naturalisation is applied for in emergency situations only when citizenship cannot be transferred so perhaps that is where you got confused.
http://london.usembassy.gov/cons_new/acs/passports/robirth.html Child born in wedlock to one U.S. citizen parent and one non U.S. citizen parent on or after November 14, 1986: A child born outside of the United States to one U.S. citizen parent and one non-U.S. citizen parent may be entitled to citizenship providing the U.S. citizen parent had been physically present in the United States or one of its outlying possessions for five years, at least two years of which were after s/he reached the age of fourteen. This period of physical presence must have taken place prior to the birth of the child. Damn, I really need to stay in the poker section. |
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so the us embassy in the uk does not mention it. im sorry, but i am inclined to believe the department of state affairs over the embassy with regards to accuracy.
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Birth Abroad to One Citizen and One Alien Parent in Wedlock: A child born abroad to one U.S. citizen parent and one alien parent acquires U.S. citizenship at birth under Section 301(g) INA provided the citizen parent was physically present in the U.S. for the time period required by the law applicable at the time of the child's birth. (For birth on or after November 14, 1986, a period of five years physical presence, two after the age of fourteen is required. For birth between December 24, 1952 and November 13, 1986, a period of ten years, five after the age of fourteen are required for physical presence in the U.S. to transmit U.S. citizenship to the child.
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the embassy take their guidance from the department of state affairs. so it looks like the embassy has interpreted said guidance incorrectly, through ommission, as expected.
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It is a nationality act and as such refers to nationality not naturalisation.
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