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Free Republic is running a thread titled, "Obama's Eligibility Diversion", which was started 2/14/2012 by 'Flotsam_Jetsome'
The thread references a 2/14/2012 'American Thinker' article with that same title, written by Cindy Simpson
The following is COMMENT #32 in the thread by 'Seizethecarp'
“I don’t think the bigamy (regarding BO Sr.) changes anything. IF BO Senior was his biological father, it doesn’t matter whether they were married or not . . . whether he was a bastard . . . or illegitimate or whatever they called them back in the 1960’s. It just says two parents who are citizens, doesn’t matter their marital status. BHO Senior was still not an American citizen.”
Using the “original intent” of the founders, IMO was to prevent a dual citizen from becoming CIC. If Barry is not a dual citizen under the BNA of 1948 which would explicitly exclude him from being a UK subject if he was illegitimate, then there would be no dual citizenship and no conflict with the founders intent.
Using “strict construction” of the Minor case NBC definition of "parents who are citizens" it could be inferred that SCOTUS could rule against Barry for having a non-US citizen sperm donor not legally married to his mother. But I would expect SCOTUS to go with original intent and not strict construction.
IMO, there is no on-point SCOTUS case matching the fact pattern of Barry's alleged birth circumstances and nationality of parents, especially since mothers were allowed to retain their own citizenship beginning in 1922 if they legally married an alien, which was not the case when MvH or WKA were decided.
The entire US legal and congressional establishment chose to nullify any insinuation that Barry was not NBC provided he was born in HI by virtue of his US citizen mother, analogous to a jury nullification of a law that the jury doesn't agree should be applied on a particular case. IMO, all federal courts, including SCOTUS would give Barry a Mulligan and declare him NBC...provided he was born on US soil." (bold and underline emphasis added)
View the Free Republic thread at:
http://www.freerepublic.com/focus/f-.../2846238/posts
View the complete, referenced 'American Thinker' article at:
http://www.americanthinker.com/2012/...diversion.html
The thread references a 2/14/2012 'American Thinker' article with that same title, written by Cindy Simpson
The following is COMMENT #32 in the thread by 'Seizethecarp'
“I don’t think the bigamy (regarding BO Sr.) changes anything. IF BO Senior was his biological father, it doesn’t matter whether they were married or not . . . whether he was a bastard . . . or illegitimate or whatever they called them back in the 1960’s. It just says two parents who are citizens, doesn’t matter their marital status. BHO Senior was still not an American citizen.”
Using the “original intent” of the founders, IMO was to prevent a dual citizen from becoming CIC. If Barry is not a dual citizen under the BNA of 1948 which would explicitly exclude him from being a UK subject if he was illegitimate, then there would be no dual citizenship and no conflict with the founders intent.
Using “strict construction” of the Minor case NBC definition of "parents who are citizens" it could be inferred that SCOTUS could rule against Barry for having a non-US citizen sperm donor not legally married to his mother. But I would expect SCOTUS to go with original intent and not strict construction.
IMO, there is no on-point SCOTUS case matching the fact pattern of Barry's alleged birth circumstances and nationality of parents, especially since mothers were allowed to retain their own citizenship beginning in 1922 if they legally married an alien, which was not the case when MvH or WKA were decided.
The entire US legal and congressional establishment chose to nullify any insinuation that Barry was not NBC provided he was born in HI by virtue of his US citizen mother, analogous to a jury nullification of a law that the jury doesn't agree should be applied on a particular case. IMO, all federal courts, including SCOTUS would give Barry a Mulligan and declare him NBC...provided he was born on US soil." (bold and underline emphasis added)
View the Free Republic thread at:
http://www.freerepublic.com/focus/f-.../2846238/posts
View the complete, referenced 'American Thinker' article at:
http://www.americanthinker.com/2012/...diversion.html