Daily Kos Poll: Most Americans "President Obama is born in the US" July 31, 2009
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Hat Tip: Dr C at ObamaConspiracy.org
The good news is that people overwhelming accept the fact that Obama was born in the US. The Daily Kos reports the results of a poll.
Graphics Source: Washington Monthly
Meet the Birthers July 31, 2009
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Who are the Birthers?
Daily Kos provides some of the answers
70% are in the South and 75% are Republicans or Independents
Natural born and dual allegiance July 30, 2009
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And here we have a legal ruling about double allegiance and how the child can elect to continue US citizenship back to the time of his birth, making him a native and natural born citizen
In Rawle’s View of the Constitution of the United States, p. 86, it is said: “Every person born within the United Slates, its territories, or districts whether the parents are citizens or aliens is a natural born citizen within the sense of the Constitution, and entitled to all the rights and privileges appertaining to that capacity.” …
Moreover, if as is suggested, he [LaFayette ] was born to the advantages of a double allegiance, upon attaining his majority he exercised the right which was his of electing the government to which he would give allegiance, and that election related back to the time of his birth. Upon these authorities LaFayette had by birth what his father did not then have, citizenship of the United States and of the State of Massachusetts. This privilege neither needed nor had any strengthening by reflection from the subsequent naturalization of his father; he held it to the fullest extent in his own, and that the highest right.
and
But the subjection of the son to the father did not destroy, or even affect, the citizenship of the former; all the privileges and all the duties pertaining to that right were his; he might be called from under the father’s authority to serve and defend the United States or the State of his residence.
Source: Town of New Hartford v Town of Canaan, Connecticut Supreme Court of Errors, May 3, 1888
Boehner dismisses Birthers July 29, 2009
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Boehner dismisses birthers
When asked about the birther issue during a Christian Science Monitor lunch with reporters on Wednesday, Boehner was dismissive of the topic. Boehner signaled that for House GOP leaders, this question isn’t on the radar screen in any way.
…
When pressed by another reporter as to whether he had any doubts that Obama was born in Hawaii, Boehner had a curt, one-word answer: “No.”
Huffington Post: Suggestions how to continue the conspiracy July 29, 2009
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Huffington posts has some useful suggestions how to continue the conspiracy
But creative Obama opponents should certainly be able to come up with other crackpot ideas about why he’s not the legitimate POTUS. To save them some time, here are some suggestions:
— According to now-established precedent, a President can’t take office until the U.S. Supreme Court says so.
— He once shot a man in Reno, just to watch him die.
— His fingers on top of the Bible during swearing in were clearly crossed.
— Name spelled backwards is “amabo,” which is Latin for “I shall love.” So he must be from Latin America.
— Angela Lansbury brainwashed him.
— Once while marching in honor guard as a young Boy Scout accidentally allowed American flag to touch the ground.
— Birthers now focusing not on where Obama was born, but on when. And so far all evidence indicates he’s only 19.
— At the conclusion of oath of office, actually said “So help me, dawg!”
Robert Gibbs is the Zodiac Killer July 29, 2009
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On Monday, White House press secretary Robert Gibbs, seemingly frustrated with the continued media coverage of the false claim that the president wasn’t born in the United States, referred to the the story as “made-up fictional nonsense of whether or not the president was born in this country.”
“If I had some DNA it wouldn’t assuage those who don’t believe he was born here,” Gibbs said, talking about how he posted the president’s birth certificate on-line last year to make the story go away, to no avail.
Why does it keep coming up? Gibbs was asked.
“Because for $15 you can get an internet address and say whatever you want,” Gibbs said.
In response, Stephen Colbert on Comedy Central’s The Colbert Report, introduced his own $15 website: RobertGibbsIsTheZodiacKiller.com. He also took on the birther movement in general with an interview with Orly Taitz, leader of the movement.
Orly on Colbert July 29, 2009
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Stephen Colbert
Stephen wants to hear from one of the sperm that witnessed President Obama’s conception in order to verify his birthplace. (06:18)
Stephen thanks Orly Taitz for being one of the few people willing to compare the Obama administration to Nazi Germany. (04:57)
Hilarious
The Nordyke twins and Obama's birth July 28, 2009
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Eleanor Nordyke was issued a certificate of live birth for each of her twin daughters on Aug. 5, 1961. Susan and Gretchen Nordyke we given consecutive numbers 151 61 10637 and 151 61 10638.
Obama who was born on August 4th has provided a COLB which shows a certificate number: 151 1961 10641
That seems to settle it.
House approves resolution naming Obama born in Hawaii July 27, 2009
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Whereas the 44th President of the United States, Barack Obama, was born in Hawaii on August 4, 1961;
Source: Hawaii Reporter
Dr Fukino's official statement: Barack is born in Hawaii and is natural-born July 27, 2009
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“I, Dr. Chiyome Fukino, director of the Hawai’i State Department of Health, have seen the original vital records maintained on file by the Hawai’i State Department of Health verifying Barrack Hussein Obama was born in Hawai’i and is a natural-born American citizen. I have nothing further to add to this statement or my original statement issued in October 2008 over eight months ago….”
Source: Honolulu Advertiser
No independent confirmation
Update: The DOH now has a PDF with the official statement see also (local copy)
Cook v Simtech – Dismissed July 27, 2009
Posted by Exploring the Natural Born Citizen Clause in Cook v Simtech, Legal Cases, Orly Taitz.comments closed
Did I not promise an exciting week?
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
MAJOR STEFAN FREDERICK COOK,
Plaintiffs,
v. SIMTECH, INC., LARRY GRICE,
CEO OF SIMTECH, DEFENSE
SECURITY SERVICES, COLONEL
LOUIS B. WINGATE, DR. ROBERT
M. GATES, UNITED STATES
SECRETARY OF DEFENSE, BARACK
HUSSEIN OBAMA,
Defendants.
CASE NO: 8:09-cv-1382-T-26EAJ
O R D E R
Pending before the Court is Plaintiff’s motion to reinstate original verified application for temporary restraining order and preliminary injunction. Having reviewed Plaintiff’s submissions, including his recently filed complaint, and acting in accord with its obligation to inquire into its subject matter jurisdiction at the earliest possible stage of the proceedings, see University of South Alabama v. The American Tobacco Co., 168 F.3d 405, 410 (11th Cir. 1999), the Court determines that Plaintiff lacks standing to bring this lawsuit, thus requiring the Court to deny his motion for reconsideration and to dismiss his complaint without prejudice for lack of subject matter jurisdiction. See DiMaio v. Democratic Nat’l Comm., 520 F.3d 1299 (11th Cir. 2008).
Lynch v. Clarke July 26, 2009
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Counting the Electoral Vote July 25, 2009
Posted by Exploring the Natural Born Citizen Clause in De Facto Officer, Legal Remedies, President Hayes, Quo Warranto.comments closed
What people seem to have forgotten is that in the 19th Century, Congress was faced with a very similar situation in the Election of President Hayes. We can observe how Congress approached matters in those days, their reasoning and the outcome. For instance, Congress considered a bill in which the title of the President Elect could be challenged in Court, either the Supreme Court, or the Circuit Court if the Supreme Court lacked original jurisdiction. Senators strongly opposed this and argued that having the outcome of the elections decided by the judiciary was counter to the idea of the Founders, that the title of President could only be addressed by Congress via the 12th Amendment (the 20th Amendment did not exist yet) and that once a President was elected, his election was to last 4 years, even if errors were made as the decision to elect a President would be final and irrevocable.
What history shows is that when Congress had to deal with a similar situation as to whether or not a duly elected President’s title could be tried. And they clearly show that
1. Congress is the final arbiter per 12th amendment and its decision is final, and irrevocable, even if later found to be in error.
2. There is no place for the judiciary to decide on Presidential election. This means that the use of Quo Warranto to try the title for Presidency is not provided for.
NY Times 1882- Reporting on Quo Warranto and trying the title of the President July 25, 2009
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The New York Times, on June 20, 1882, published an article explaining that an attempt by Congress to allow the title of the President to be tried by Quo Warranto had been defeated. Most relevant are the comments by Mr. Hewitt who “did not approve the bill, and he remarked that be was satisfied that no man installed in the office of President could be ousted before the expiration of his four years by any method except revolution”
ELECTING THE PRESIDENT
AN ELECTORAL COUNT BILL WHICH WAS PROMPTLY KILLED.
MR UPDEGRAFF’S -SUBSTITUTE FOR THE SENATE BILL-DEGRADING THE OFFICE BY MAKING IT A SUBJECT OF LITIGATION — THE SENATE BILL RECOMMITTED.
WASHINGTON, June 20.-The action taken by the House to-day shows that it will be difficult to frame an Electoral Count bill which will meet the approval of that body, and still more difficult to frame one that will be actepted by both House and Senate. The bill reported by Mr. Updegraff, from the select committee charged with the subject, which was published in full some time ago, was rejected by a vote of 93 to 100, and the bill which has passed the Senate failed to be advanced to its third reading, and was recommitted by an almost unanimous vote.
The part of Mr. Updegraff’s bill which aroused the strongest opposition was that which provided that the defeated candidate for the Presidency might appeal to the courts after the votes bad been counted and his opponent declared elected. The sections in question provided that the claimant might proceed bv quo warranto in the United States Circuit Court by filing complaint within 10 days after the declaration of his rival’s election. The defendant must answer and plead within 20 days, and the trial must begin within 30 days after the service of the summons. Provision was also made for appeal to the Supreme Court and for enforcement of judgment by a writ addressed to any Marshal.
Resolving the Title to the Office of President – Hayes July 24, 2009
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April 15 1878 Mr Kimmel introduced a bill which was never finally acted upon to provide a mode for trying and determining by the Supreme Court of the United States the title of the President and Vice President of the United States to take their respective offices when their election to such offices is denied by one or more of the States of the Union The question of the title of President was finally settled June 14 1878 by the following report of the House Judiciary Commitee
Resolved
That the select committee to whom this House has committed the investigation of certain matters affecting as is alleged the legal title of the President of the United States to the high office which he now holds be and is hereby instructed in the course of its investigations to fully inquire into all the facts connected with the election in the State of Florida in November 1876 …
Report of the Judiciary Committee June 14
Mr HARTRIDGE from the Committee on the Judiciary made the following report
The Committee on the Judiciary to whom were referred the bill HR No 4315 and the resolutions of the Legislature of the State of Maryland directing judicial proceedings to give effect to the electoral vote of that State in the last election of President and Vice President of the United States report back said bill and resolutions with a recommendation that the bill do not pass. Your committee are of the opinion that Congress has no power under the Constitution to confer upon the Supreme Court of the United States the original jurisdiction sought for it by this bill.
David Weigel – McCain Campaign Investigated, Dismissed Obama Citizenship Rumors July 24, 2009
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Quite a revelation by David Weigel in a truly excellent article:
While they ruled out any chance of the ‘birther’ lawsuits holding up in court, lawyers for the McCain campaign did check into the rumors about Obama’s birth and the assertions made by Berg and others. “To the extent that we could, we looked into the substantive side of these allegations,” said Potter. “We never saw any evidence that then-Senator Obama had been born outside of the United States. We saw rumors, but nothing that could be sourced to evidence. There were no statements and no documents that suggested he was born somewhere else. On the other side, there was proof that he was born in Hawaii. There was a certificate issued by the state’s Department of Health, and the responsible official in the state saying that he had personally seen the original certificate. There was a birth announcement in the Honolulu Advertiser, which would be very difficult to invent or plant 47 years in advance.”
David Weigel – Ana Marie Cox – Birther Madness July 24, 2009
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Washington Independent writer David Weigel on Ana Marie Cox’s Air America show discussing the Birther Madness
Native and Natural Born July 24, 2009
Posted by Exploring the Natural Born Citizen Clause in Citizenship, Constitutional Terms, Jus Soli, Native/Natural Born, Natural Born.comments closed
Mr. CORNELL, like other gentlemen, had prepared an amendment to meet the case for which his friend from Kings had sought to make provision, and to that gentleman he tendered his thanks for the step he had taken. For himself, at present, he had but one remark to make. It was this, that although there was but one constitutional provision similar to this, and that was in the constitution of the U. S., he apprehended there wns a strong reason weighing on the minds of the Convention by which that instrument was framed for the adoption of such a provision, that could have no application to the election of the Governor of this state. It was that the President of the U. S., in the discharge of his official duties, was brought in contact with foreign governments, among which might be one of which the President might have been a native born citizen. It might therefore have been supposed that some undue influence might reach him in negotiating with such powers that would not reach him in treating with other governments. Bet in the case of a Governor of this state, that principle could not apply, inasmuch as the government of this state has no legal existence in reference to foreign governments. For that reason—and it was a very weighty reason—the provision in the constitution of the U. S. could have no authority or weight here.
Source: Debates and proceedings in the New-York state convention By New York (State). Constitutional Convention, Sherman Croswell, R. Sutton, 1846
and that when the Convention went into committee of the whole on that report a delegate from Saratoga made a motion to strike out the provision for 14 years residence and to substitute a provision that the Executive should be a natural born citizen of the US. That was adopted in committee of the whole unanimously. Afterwards however in Convention the words natural born citizen were stricken out and the word native was substituted as the original words might have left an uncertainty as to the meaning of the Convention for natural born citizen might have had some reference to the manner of birth while the word native would refer more particularly to the place of birth Mr A was not very pertinacious about the retention of the word native for it would cut off a considerable class of citizens that ought to be included. There were many brought here by their parents in infancy who would by a life spent here be as well acquainted with our institutions and as proper persons to fill the place of Governor as those born here
Source: p 148 ibid
Steinkauler Continued July 24, 2009
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The Steinkauler case, which I discussed before, is very relevant. First it established that the term ‘native born’ is equivalent to the term ‘natural born’ and that a ‘native born American citizen … can become President of the United States’. Furthermore, his native born nationality can be supplemented with an acquired nationality without him losing his native born status as long as he decides when reaching the age of majority to take his nationality of birth. The logical consequence is that since Obama was born on US soil, he was a native/natural born citizen of the United States, even though his status was also governed by the British Nationality Act of 1948. Since Obama chose to not pursue his secondary nationality which he ‘acquired’ through his father and since noone can deny him his birthright, Obama had the right to determine when reaching the age of majority, if he wanted to continue his birthright US citizenship. In addition, even if Obama acquired Indonesian citizenship, in contradiction of Indonesian laws, his parents cannot deprive him of his birthright US citizenship and since Obama returned to the US well before reaching the age of majority, his never abandoned his birthright citizenship.
In Steinkauler’s case (15 Op Atty Gen 15 12 Alb L.J. 23) in an opinion by Mr Pierrepont Attorney General of the US we have the following .Young Steinkauler who was born in St Louis after his father had been naturalized in the United States the father subsequently returning to Germany and taking the boy with him is a native born American citizen. There is no law of the United States under which his father or any other person can deprive him of his birthright. He can return to America at the age of twenty one and in due time if the people elect he can become President of the United States but the father in accordance with the treaty and the laws has renounced his American citizenship and his American allegiance and has acquired for himself and his son German citizenship and the rights which it carries and he must take the burdens as well as the advantages. The son being domiciled with the father and subject to him under the law during his minority and receiving the German protection where he has an acquired nationality and declining to give any assurance of his intention of ever returning to the United States and claiming his American nationality by residence here I am of opinion that he cannot rightfully invoke the aid of the government of the United States to relieve him from military duty in Germany during his minority but I am of opinion that when he reaches the age of twenty one years he can elect whether he will return and take the nationality of his birth with its duties and privileges or retain the nationality acquired by the act of his father. This seems to me to be right reason and I think it is law. That a double nationality as well as a double domicil may be set up is illustrated by a case decided in Geneva in December 1879 and reported in the Revue de droit int for 1880 p 313 I,., born in Bordeaux of a Genevese father regarding himself as a Frenchman was registered on the French electoral list became mayor of a commune and a member of the national guard of Paris .His wife who was a native of Bordeaux in marrying him supposed him to be a Frenchman. Difficulties arising between them he instituted an action of divorce against her in Geneva taking the ground that by Genevese law Genevese nationality was indelible. The petition was granted due cause being shown and I s Genevese nationality being in the opinion of the court established It was not proved it was held that I had ever acquired has been just seen is now repudiated Nationality it is now held is a birthright of a child and such being the case it cannot be divested without the consent of the party enjoying it. As has been noticed this is the rule imposed by the French statute of 1851 To the same effect are numerous French adjudications In Germany Italy and Switzerland on the other hand the naturalization of a husband and father involves by statute the naturalization of his wife and children 2 As a party cannot surrender his nationality by birth without being of full capacity the change cannot be made by a guardian 1 And it has been held in France that even though a minor is aided in this respect by his parents and a family council he is not competent to make such a surrender Nor can a Frenchman ordinarily renounce his nationality while in military service 3 The option exercised by a minor when arriving at full age to be valid must be independent and free.
Source: A treatise on the conflict of laws By Francis Wharton p 38
An argument that can be raised against is that Steinkauler’s father was naturalized and thus his son was born to two United States citizens. However, there is no reference to this being relevant. In fact, the concept used is ‘native born’, native birthright. The same conclusion follows from The Essentials of International Public Law
Native born Citizens of the United States In the United States the principle of jus soli of the common law was followed and it was held that children born in the United States of alien parents who have never been naturalized are native citizens of the United States The Civil Rights Act of 1866 the first law containing a provision on this subject declared All persons born in the United States and not subject to any foreign Power excluding Indians not taxed are declared to be citizens of the United States
Subject to any foreign power was removed by the 14th amendment and replaced with subject to the jurisdiction thereof
The President 'Apologizes' July 24, 2009
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Something you do not hear often from a United States President, but Barack Obama is not your ordinary President
Shortly after the surprise phone call, Sergeant James M. Crowley told a fellow officer that President Obama expressed regret for jumping to conclusions and commenting that Cambridge police had “acted stupidly.”
The call pleased Crowley, according to the colleague, a veteran officer who asked not to be identified because he is not authorized to speak publicly about the issue. Crowley told his fellow officer that he joked with the president.
“Jimmy said, ‘I’d be happy to come to the White House and sit down with you and Gates and have a beer,’ ” the veteran Cambridge officer said. “The president said he was acceptable to that.”
Crowley also asked President Obama if he could use his influence to oust the news media from his front lawn in Natick. “The president said, ‘I can’t get them off my front lawn,’ and Jimmy said, ‘Well, your lawn is a lot bigger than my lawn,’ ” the officer’s colleague said.
