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Of Presidential Eligibility, Doubling Down and Linguistic Torts, Part 3
“DICTA…PURE AND SIMPLE”
The Post & Email
Joseph DeMaio, ©2012
2/25/2012
Excerpt:
"[Editor's Note: This scholarly essay is Part 3 of 4 by Joseph DeMaio discussing how the CRS memos, authored by Jack Maskell of the Congressional Research Service, and in particular, the third memo (CRSR) obscure information from the reader indicating that jus soli, or birth of the soil, is not the only factor in determining the definition of a "natural born Citizen." Part 1 discusses the right of jus soli, upon which Maskell relied to determine that Barack Hussein Obama is eligible for the presidency in all three of his memoranda, as well as the difference between "dicta" and "holding" in regard to case law. Part 2 provides an in-depth historical analysis, using the original French text and English translations, of the Swiss statesman Emmerich de Vattel's work and its influence on the Founders both before and after the U.S. Constitution was written, particularly as it impacted the intention of the "natural born Citizen" requirement contained in Article II, Section 1, clause 5.
In Part 3 below, DeMaio discusses three U.S. Supreme Court cases which decided issues of U.S. citizenship as well as several contemporary cases filed in response to the claim that Barack Hussein Obama II does not meet the definition in order to serve as President of the United States and Commander-in-Chief of the military. The term "dicta" becomes key in DeMaio's analysis of the three U.S. Supreme Court cases and how Maskell's memos attempt to give the reader the impression that "native born" or "citizen" equates to "natural born Citizen."
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View the complete article at:
http://www.thepostemail.com/2012/02/...-torts-part-3/
“DICTA…PURE AND SIMPLE”
The Post & Email
Joseph DeMaio, ©2012
2/25/2012
Excerpt:
"[Editor's Note: This scholarly essay is Part 3 of 4 by Joseph DeMaio discussing how the CRS memos, authored by Jack Maskell of the Congressional Research Service, and in particular, the third memo (CRSR) obscure information from the reader indicating that jus soli, or birth of the soil, is not the only factor in determining the definition of a "natural born Citizen." Part 1 discusses the right of jus soli, upon which Maskell relied to determine that Barack Hussein Obama is eligible for the presidency in all three of his memoranda, as well as the difference between "dicta" and "holding" in regard to case law. Part 2 provides an in-depth historical analysis, using the original French text and English translations, of the Swiss statesman Emmerich de Vattel's work and its influence on the Founders both before and after the U.S. Constitution was written, particularly as it impacted the intention of the "natural born Citizen" requirement contained in Article II, Section 1, clause 5.
In Part 3 below, DeMaio discusses three U.S. Supreme Court cases which decided issues of U.S. citizenship as well as several contemporary cases filed in response to the claim that Barack Hussein Obama II does not meet the definition in order to serve as President of the United States and Commander-in-Chief of the military. The term "dicta" becomes key in DeMaio's analysis of the three U.S. Supreme Court cases and how Maskell's memos attempt to give the reader the impression that "native born" or "citizen" equates to "natural born Citizen."
.................................................. ......
View the complete article at:
http://www.thepostemail.com/2012/02/...-torts-part-3/