I’d personally sworn to protect and defend the Constitution, only to have it shot dead by, Presidents, Congressmen, and buried by Supreme Court Justices–all of whom had made the same oath.
High Court Bats Down Petition to Hear Obama Citizenship Case Wall Street Journal–Law Blog
Posted by Dan Slater
On Friday, Loyal Law Blog readers expressed a flood of interest in a lawsuit over whether President-elect Barack Obama was constitutionally qualified to serve as president. Unfortunately for the petitioner in the case, the Supreme Court expressed seemingly little interest.
As we noted, Justice Thomas picked up the petition to hear a lawsuit filed by New Jersey attorney Leo Donofrio after it was denied by Justice Souter. Justice Thomas referred it to the full court, which decided to distribute the case for the justices’ conference.
In the petition, Donofrio reportedly conceded that Obama was born in Hawaii, as Obama claims. But Donofrio contended Obama was not a “natural born citizen,” as required by Article II, Section I of the U.S. Constitution, because he was not exclusively a U.S. citizen at the time of his birth. Obama’s father was a citizen of Kenya, formerly British East Africa, so Obama was a British citizen as well.
Today, SCOTUSblog reports that the Court denied Donofrio’s request. SCOTUSblog notes that this marks the second time in recent weeks that the Court turned aside such a challenge. In neither instance did the Court offer a reason for turning down the applications.
I hate to be the barer of bad news, but george bush killed the
constitution years ago. In fact, amendment 1, 4, 5, 6, and 8 are all dead.
freedom of speech. free assembly
search and seizure
eminent domain and due process
trial by jury, rights of accused and right to counsel
cruel and unusual punishment.
all gone thanks to king george.
If you argue that unusual times require unusual actions, then you agree
that those amendment are gone. If you argue that those rights were killed in the past by
X president, then you agree that the amendments are now dead and you are rationalizing it.
So don’t think it happened yesterday, it happened years ago during the court case
which I like to think is the single worst decision in supreme court history, bush vs gore,
(and that includes such bozo decisions such as dred scott and county of Santa Clara vs southern
pacific railroad in 1886) which was the beginning of the end for the constitution.
Given that he has produced a Certificate of Live Birth (which is what that state uses as a Birth Certificate) from Hawaii and his mother was an American citizen, I don’t really see where the case is here. The Supreme Court was right to throw it out.
Yea, the guy is a US citizen, probably will screw us but, he is a US citizen. Oh heck any politician screws you. The constitution was killed genrations ago, go take a look at all the delightful ammendments attached to it.
It’s a good question. There are so many laws and rules in this country that simply don’t make sense. You can state that the constitution has been undermined, but what if a part of the constitution doesn’t make sense? Is it still wrong to undermine it?
The Court probably declined to hear it because it doesn’t concern itself with determining material facts. Besides, if he was born in the US he’s a citizen.
What did I say. “shot dead by, Presidents, Congressmen, and buried by Supreme Court Justices–all of whom had made the same oath.” All the Presidents since FDR at least, including Reagan. However, Florida 2000 was actually upholding the Constitution.
He hasn’t produced it at all; just the Hawaiian secretary of state’s statement, and the certification of a company on which Board Obama sits. Produce a genuine certificate and it will settle all this. If he doesn’t it will fester. It is so fucking simple.
The amendments are part of the Constitution (even the **** **** **** 16th that started the income tax). The Constitution began to be undermined in the 30’s with Social Security and the start of the War on Drugs. It’s been sliding down that slippery and slipperier slope ever since.
What you’re asking is why does the Constitution matter. If it isn’t that important, then amend it to retract or reduce the requirement. But you don’t rescind a law after it’s broken in order to excuse the law breaker (whoever the lawbreaker might be in this case).
There are a lot of stupid, even, unconstitutional laws. But they can be changed a lot more easily. If this is stupid, and I don’t think it is, we could still could have changed it over the last 220 years. What, we wait until somebody breaks it and then we think about it?
Thus we sound Taps.
Since when does it not concern itself with material facts, as long as they go to a question of Constitutional law or precedent? That he was born in the US to a US citizen(s), is the question and the point of law.
What exactly does it say??? It says all persons born or naturalized in the US are citizens, but the President must be a “natural born citizen”. The current law, and the law at the time of Obama’s birth say otherwise about the status of parents determining citizenship when someone is born outside the US–an issue not addressed by the Constitution.
You can easily find the text of the 14th Amendment online. It states that anyone born in the US is an American citizen, and about a zillion metric tons of case law exists to support this. Don’t you recall my Anchor Baby Lesson of some time ago? His pregnant mother could have snuck into the country in a boxcar in the dead of night and it simply doesn’t matter- if he plopped out and landed in American dirt, he’s a full-blown American. It’s interesting to note that due to immigration woes, other countries (including Canada and some EU nations) that used to have similar policies have found it necessary to change to policies, but the US has not. It would take a repeal of the 14th Amendment to change things, and even if it was so I would imagine anyone born in the US while said amendment was in effect would be grandfathered in.
This isn’t really a difficult issue to wrap your mind around. It’s simply black & white.
Yup, phaedrus is right. I know of many from my country of origin who are getting deported because they are here illegally, but whose kids stay because they were born here. These kids are born to illegals, and they are citizens of this country.
I’ve also seen countless Indian couples who come to America on work visas for a couple of years, and have a baby immediately.
Unless Obama was born from a testtube, then he was natural born. As old as he is I doubt that possibility. Technically our president must be born a citizen naturally. Which means no testtube or other unnatural born human can qualify. that leaves cloning out, but, does it leave out children the were selectively bred???
Natural to me means mom and Dad did the dance and out pops baby 3 trimesters later. hmmm, if one is born through ceasarian is that natural??? It could be grandfathered in but, if we really wish to remain technical then no, splitting mom open to retrieve baby is unnatural birth. Obama was not ceasarian was he???
The definitions are online somewhere over in .gov. Try finding them, get some food and liquid in you, because it will be a frustrating long search probably unless you have inside knowledge.
I don’t think ‘natural born’ has been defined. I don’t think there’s much in the way of precedent about it, so it’s never need a strict definition. Edit: Xunzian beat me to this.
PT, correct me if I’m wrong, but as I understand it the Supreme Court is created by the constitution to interpret and apply the Constitution. Is that true? If it is, then the Supreme Court can’t act unconstitutionally: their interpretation of the Constitution is as good as fact.
That’s somewhat of an overstatement just to be contentious, but the point is solid: how can you (or Loyal Law Blog), who have no special constitutional standing, assert that the body appointed to interpret the Constitution has acted unconstitutionally?