Obama and the Natural Born Citizen Clause

An excellent article over at American Thinker:

Obama and the Natural Born Citizen Clause

I agree with everything in that article except its first twelve words:

On Monday, the Supreme Court decided not to hear the Donofrio case

That is incorrect. But it is a misperception shared by many, many people, such as Michelle Malkin:

Supreme Court turns down Obama citizenship appeal

And Ed Morrissey:

Birthers get another lifeline

When the Supreme Court denied cert to Leo Donofrio, most of us thought the issue of Barack Obama’s status as a citizen was put to rest.

What’s the truth? The truth is that the Supreme Court did NOT “deny cert” to Leo Donofrio yesterday. The truth is the Supreme Court did NOT “turn down” Donofrio’s case yesterday. The truth is that Leo Donofrio’s case is still “PENDING” at the Supreme Court, and the court only denied the application to stay an election.

I believe the election that Donofrio had been trying to stay was the November 4th election (he hurriedly filed his case on November 3rd to do so).

So, it is logical that the court would, on December 8th, deny an application to stay an election that already happened on November 4th.

Donofrio’s case is still PENDING.

MONDAY, DECEMBER 8, 2008
ORDERS IN PENDING CASES

08A407 DONOFRIO, LEO C. V. WELLS, NJ SEC. OF STATE
The application for stay addressed to Justice Thomas and referred to the Court is denied.

CERTIORARI DENIED
[Note the ABSENCE of Donofrio’s case here]

Donofrio’s case is NOT listed under CERTIORARI DENIED.

Everyone should take another look at the order list from the SCOTUS yesterday.

Not only was Donofrio’s case NOT denied certiorari, but a third case (Cort Wrotnowski vs. Susan Bysiewicz, Connecticut Secretary of State) was referred to the Court by Justice Scalia – distributed for conference this coming Friday:

Dec 8 2008 DISTRIBUTED for Conference of December 12, 2008.
Dec 8 2008 Application (08A469) referred to the Court by Justice Scalia.

It sounds like Donofrio may have called this correctly earlier today:

On the chance that SCOTUS was looking at both my case and Cort’s case, I must stress that Cort’s case does not have the same procedural hang up that mine does. It may be that without a decision on the Judicial misconduct allegation correcting the NJ Appellate Division case file, SCOTUS might have been in the position of not being able to hear my case as it would appear that my case was not before them on the proper procedural grounds.

I did file a direct appeal under the proper NJ Court rules, but the lower Court judge refused to acknowledge that and if his fraudulent docketing was used by SCOTUS they would have a solid procedural basis to throw mine out.

Friday could turn out to be a very, very big news day.

UPDATE:  From Natural Born Citizens: Or How to Beat a Subject to Death with a Stick:

On July 25th, 1787, John Jay wrote to George Washington, then Presiding Officer of the Constitutional Convention:

“Permit me to hint, whether it would be wise and seasonable to provide a strong check to the admission of Foreigners into the administration of our national Government; and to declare expressly that the Commander in Chief of the American Army shall not be given to nor devolve on, any but a natural born Citizen.”

John Jay was the First Chief Justice of the United States, among many other things, and it was this letter that caused Clause 5 of Article II to exist.

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26 Responses to Obama and the Natural Born Citizen Clause

  1. Pingback: What Country Is This? « I Took The Red Pill (and escaped the Matrix)

  2. Jax says:

    You know, you could really get ahead of the game if you picked the NEXT date to pin your hopes and dreams to. I’m not going to lie, though, I think you’re on to something. You’re definitely starting to worry me. If you keep up this level of hard-hitting investigative journalism, Obama will be forced to leave the White House as soon as January 20, 2016.

  3. liberty4usa says:

    Pinning hopes and dreams? Like wishing that our Constitution was followed faithfully rather than when it suits you Jax?

    Nobody in their right mind wastes hundreds of thousands of dollars fighting lawsuits for something that actually could disappear overnight by submitting the required proof?

    Eventually all these lies, half-truths,semantics, and distraction techniques will catch up with him, and the blind followers- will realize what a fraud he was.

    Should he be successful in taking and holding the office without disclosure he will still have an ever present cloud of doubt hanging over him and any legacy he may think he will have will be tainted!

    This assumes of course that he doesn’t get us all killed or destroy everything good about this country before that happens!

  4. Jax says:

    “Pinning hopes and dreams? Like wishing that our Constitution was followed faithfully rather than when it suits you?”

    Red, maybe you recall these Constitutional rights: Rights of privacy. Habeas Corpus. Didn’t hear much from you when the Bush administration was tearing them apart.

    “Nobody in their right mind wastes hundreds of thousands of dollars fighting lawsuits for something that actually could disappear overnight by submitting the required proof.”

    Bush spent trillions of dollars, TRILLIONS, and thousands of American lives, fighting a war for which you have not demanded 1% of the proof that you’re looking for to allow a Democrat to take office.

    “Eventually all these lies, half-truths,semantics, and distraction techniques will catch up with him, and the blind followers- will realize what a fraud he was.”

    No. They won’t. Because the tactics you’re accusing us of? THAT is the only thing the Republican party has gotten good at. Look back every post you’ve written since Obama has gotten elected. That’s all you do! You’re not acknowledging the problems that are facing our country! You’re parsing these minute details of Supreme Court decisions, not because you have any sort of basis in law or fact, but because you want so badly for them not to be true.

    George W. Bush, the man you voted for twice, the man you believed God wanted to be President… played you. He paid lip service to God. He was a lazy, inefficient, rich, spoiled, terrible President. You got tricked, and I am, truly, sorry about that.

    But here’s the thing. We’ve got real problems in this country, right now. Our workers are hurting, our businesses are hurting, our fighting men and women are coming back from overseas with not even a percentage of the help they need to adjust back from combat. We’ve got real problems in this country and if you’re so used to getting your own way that you can’t get on board and start addressing some of those problems, get out. Buy a ticket. I’ll chip in. I’m not rich, but any money I could spend to get a whining, puling crybaby who can’t deal with the fact that he MAYBE backed the wrong horse, I’ll consider money well spent.

  5. liberty4usa ,

    Thank you for your comment.

    I think the only legacy Soetoro/Obama is intrested in is bringing this country to its knees.

    But my journey is part of a larger journey – one shared by all who’ve ever sought to apply the values of their faith to bring an Empire to its knees.

    I believe his “Hope” is to bring “Assault” from the capital of the world’s most populous Muslim nation (Jakarta, Indonesia) to the White House.

    Assault Hope: From Jakarta to the White House

    The Constitution’s “Natural born” citizen requirement (not “Native born” citizen, and not mere citizen) can protect us from Soetoro/Obama, but only if we support and defend the Constitution. There are only three qualifications that must be met in order to hold the office of President of the United States:
    1) Natural born Citizen,
    2) Have attained to the Age of thirty-five Years, and
    3) Been fourteen Years a Resident within the United States.

    Amendment 20 – Presidential, Congressional Terms.
    (Ratified 1/23/1933)
    Section 3

    If, at the time fixed for the beginning of the term of the President, the President elect shall have died, the Vice President elect shall become President. If a President shall not have been chosen before the time fixed for the beginning of his term, or if the President elect shall have failed to qualify, then the Vice President elect shall act as President until a President shall have qualified; and the Congress may by law provide for the case wherein neither a President elect nor a Vice President elect shall have qualified, declaring who shall then act as President, or the manner in which one who is to act shall be selected, and such person shall act accordingly until a President or Vice President shall have qualified.

  6. Jax,

    …Obama will be forced to leave the White House as soon as January 20, 2016.

    Obama hasn’t even been elected yet.

    Read the Constitution. The Presidential election is when the vote of the Electoral College (which hasn’t even voted yet) is certified in the Congress on January 6th. THAT is when there will officially be a “President-Elect”. There is only a two week window of time before that President-Elect takes office on January 20, 2009.

    Even if Obama takes office, and even if he were to be re-elected, “be[ing] forced to leave the White House as soon as January 20, 2016” is still a year before his second term would end!

    Are you suggesting that Obama is the next Nixon?

    /sarc

    P.S. Your attacks on President Bush are nothing but a distraction from the real issue: Is Barry Soetoro (also known as Barrack Hussein Obama II) Constitutionally qualified to hold the office of President of the United States?

    If checking the candidate’s qualifications weren’t important, then why does the 20th amendment (ratified less than 76 years ago) include the following:

    If a President shall not have been chosen before the time fixed for the beginning of his term, or if the President elect shall have failed to qualify, then the Vice President elect shall act as President until a President shall have qualified

  7. simplemindedme says:

    Jax said,
    “He paid lip service to God. He was a lazy, inefficient, rich, spoiled, terrible President. You got tricked, and I am, truly, sorry about that.”
    AND, HE HAS KEPT US SAFE FROM ANOTHER TERRORIST ATTACK SINCE 9/11. Are you also “truly sorry about that” also, as that could end up being the lasting legacy of George W. Bush. Some legacy, huh?

  8. YouShouldTakeAChillPill says:

    simplemindedme said:
    “AND, HE HAS KEPT US SAFE FROM ANOTHER TERRORIST ATTACK SINCE 9/11.”

    You really have no clue as to how al Qaeda operates nor what outcome they hoped for from 9/11.

  9. simplemindedme says:

    to chillpill,
    Nope, I don’t know. Never said I did. That doesn’t change the facts, does it?

  10. Jax says:

    simplemindedme,

    So George Bush’s lasting legacy is that the worst terrorist attack in the history of the United States didn’t happen on his watch… twice? No, I’m truly sorry you have such low standards for members of your own party.

    Red,

    You seem to use that “bring an Empire to it’s knees” quote a lot, even after Loren called you on how you changed the entire meaning of the quote by using the ellipses. Here, let me try it! I believe that you secretly want Obama to be president, and I base it on this quote from the comments above.

    “Obama is interested in… bringing…Hope… to the White House.”

    Wow, Red, you’ve got a real crush on the guy.

  11. Jax,

    You seem to use that “bring an Empire to it’s knees” quote a lot, even after Loren called you on how you changed the entire meaning of the quote by using the ellipses.

    As I said in the other thread comments…

    I’ve written several posts using the full quote.

    When Christians talk about applying the values of their faith to our society, they talk about lifting up our society and its people.

    When Jihadist Muslims talk about applying the values of their faith to our society, they talk about bringing an Empire to its knees.

    And the “UCC church” reference was of course meant to connect the UCC church from the Boston Tea Party to Obama’s UCC church … Trinity United Church of Christ.

  12. And no, Jax, I clearly don’t have “a real crush on the guy”.
    It appears that it’s Obambi who goes both ways.

    Donald Young was unavailable for comment.

  13. Jax says:

    But Red, I don’t understand. I believe that you DO have a real crush on the guy, and as evidence I’m posting a quote that you yourself posted on this comments board at 6:52am:

    “Obama is interested in… bringing…Hope… to the White House.”

    And then again at 7:04pm:

    “Jax, I clearly… have ‘a real crush on the guy.'”

    I mean, that’s basically you admitting it right there. Or… wait, is this not how language works? Taking quotes out of context and then obscuring key words and phrases so you can twist them to mean whatever you want them to mean? Hang on…

    No, I’ve just looked at all of your blog posts, and apparently that is exactly how language works. I’ll just go ahead and assume that your enormous man-crush on Barack Obama was affecting your reason. Carry on.

  14. simplemindedme says:

    to jax,
    To be quite honest, I don’t recall saying I had “low standards”. However, if we are not attacked when Mr. Obama becomes President, I will say that the same thing about him. I am not as intellectual as you are, nor I claim to be. I am just a simpleminded person who appreciates the fact her President has kept her safe. That’s about all I expect my President to DO FOR ME. Everything else, I can pretty much do for myself….buy food, pay rent, pay bills. I thithe at church, give to charities, help the poor, visit the shut ins, and support all kinds of agencies that do good for others, so I think I am a pretty decent person at heart. I don’t try to solve global warming, don’t drive a “green car,” but I usually have a garden and grow a lot of my own food. Even have raised a cow and a hog or two. So, I pretty much take care of myself, and don’t ask for much from my government…except for keeping me safe. If that is what you call having low standards, well, then Jax, you are right. Is it pssible for a life-long Democrat to think like that? You betcha! That is simplemindedme, a Democrat. I imagine I am decades older than you.

  15. liberty4usa says:

    “The end of an empire is messy at best
    And this empire is ending
    Like all the rest
    Like the Spanish Armada adrift on the sea
    We’re adrift in the land of the brave
    And the home of the free
    Goodbye. Goodbye. Goodbye”

    Bill Ayers quote above.

    I see the convoluted logic of no logic whatsoever by the Obama dreamers is in full effect here.

    The eligibility controversy is caused by one man only, period.

    The nitwit that thinks Habeus Corpus rights conferred to terrorists make me laugh. Legally as enemy combatants captured in an act of war without wearing a uniform means they could be shot on the spot.
    Legal scholars think this is in the top two worse decisions in the history of the supreme court and probably the most damaging ever.

    Red,
    I would just ban the blogger Jax as he hates our country and under the expatriate law can voluntarily give up his citizenship and move to Waziristan! He is clueless about reality. Besides that he attacked you for the post I wrote, such a genius!
    Give him a taste of the new Marxism coming to his country soon!
    I am sure other Jaxes will show up and replace his boring drivel soon enough!

  16. simplemindedme,

    Thank you very much for your comment. If you don’t mind my saying so, I think you are a “Zell Miller Democrat”, and I’m honored to have you commenting here.

  17. liberty4usa,

    Thank you for your comment.

    I’m loathe to ban people just for disagreeing with me. Why? Because I know what it feels like to be banned by someone who disagrees with you.

    I will, however, ban people who spew vile curse words. If you can’t make a point without swearing, you aren’t mature enough to participate here. Jax is pushing his luck with the man-crush fixation, but I’m a big boy and secure in my heterosexuality.

    Remember, too, that people who can’t attack the argument, attack the man. (Ad hominem attack)

    And yes, I was amused when Jax attacked me for the post you wrote!

  18. liberty4usa says:

    I was giving him a taste of his own crude medicine, but these guys seem to think taking the terrorists or Marxist side proves they can think in a more intellectual manner. I normally don’t attack them back but they act cute and a half all the time and if they don’t seem to realize that that scum they support would have no compunction about lopping their head off or imprisoning them for life for no reason.

    When I find an actual civil lib to debate with it is fun and respectful.
    However this is a very rare thing indeed.
    I am dadinseattle on Malkin
    Nice blog by the way!

  19. liberty4usa/dadinseattle,

    Thank you for your kind words about my blog. Even though I created this blog in September 2006, it was just out of curiosity at that time, and I did all of my blogging in the form of comments at HotAir.com. That is, until the atheist Allahpundit banned me. When “Captain” Ed Morrissey came aboard, I was able to rejoin HotAir. That’s when I started blogging here and occasionally linking to here from HotAir so that if Allahpundit ever banned me again, people would know where to find me. Sure enough, Allahpundit did ban me again, and I started blogging exclusively here until Michelle Malkin opened a registration window and I started commenting on her site, too.

    Anyway, I don’t know at this point how long I’ll keep posting this prolifically. I’m just passionate about our great Republic, and I, like you, see the clear and present danger of Crypto-Marxists and Crypto-Jihadists infiltrating the highest levels of our government. If good men do nothing, evil will prevail.

    When bad men combine, the good must associate; else they will fall one by one, an unpitied sacrifice in a contemptible struggle.

    Edmund Burke (1729-1797)

    You are absolutely correct when you say that the far left:

    don’t seem to realize that that scum they support would have no compunction about lopping their head off or imprisoning them for life for no reason.

    Exhibit A:

    The demoralization process in the United States is basically completed already, for the last twenty-five years, actually it’s over-fulfilled because demoralization now reaches such areas where previously not even Comrade Andropov and all his experts would even dream of such a tremendous success, most of it is done by Americans to Americans, thanks to lack of moral standards.

    As I mentioned before, exposure to true information does not matter anymore. A person who is demoralized is unable to assess true information. The facts tell nothing to him. Even if I showered him with information, with authentic proof, with documents, with pictures — even if I take him by force to the Soviet Union and show him a concentration camp — he will refuse to believe it until he is going to receive a kick in his fat bottom. When a military boot crashes his butt, then he will understand, but not before that. That’s the tragedy of the situation of demoralization.

    Exhibit B:

    The threat of prosecution for tax fraud is the [Government’s] weapon of choice against anyone who dares to challenge its hegemony.

    When [citizen], once the richest man in [country], used his oil wealth to promote human rights and democracy, [fascist leader] detected a threat to his throne.

    The [citizen] was duly arrested and convicted of fraud. He now languishes in jail where he is in the third year of an eight-year prison sentence.

    Almost every national radio and television station is now controlled directly or indirectly by the state, and the same applies to every newspaper of any influence.

    That diminishing number who have the courage to investigate or speak out against the abuses perpetrated by the rich and powerful very soon find themselves out of a job – or, in an alarming number of cases, on the receiving end of a deadly bullet.

    Some 20 journalists have been killed in suspicious circumstances since [fascist leader] came to office. No one has yet been convicted for any of these crimes.

    [fascist leader] calls the system over which he presides “sovereign democracy”. I think a better term is “cryptofascism

    Exhibit C:

    BEIJING: Local officials in Shandong Province have apparently found a cost-effective way to deal with gadflies, whistleblowers and all manner of muckraking citizens who dare to challenge the authorities: dispatch them to the local psychiatric hospital.

    According to an investigative report published Monday by a state-owned newspaper, public security officials in Xintai city have been institutionalizing residents who persist in their personal campaigns to expose corruption or to protest the unfair seizure of their property. Some people said they were committed up to two years, and several of those interviewed said they had been forced to consume psychiatric medication.

  20. Paul says:

    As I said in another thread: as a Democrat, I wholeheartedly advise you to please continue to call Obama a Jihadist. Let me explain some political science 101 to you:

    Americans like presidents who are mainstream. It’s easier for Obama to appeal to Americans as a mainstream moderate if he can demonize an easily discredited lunatic fringe. For example: People who call him a Jihadist.

    In other words – you are doing Barack Obama a great service with your attacks. Please continue – I encourage it.

  21. Americans like presidents who are mainstream

    Americans like presidents who are honest.

    Obama’s chickens are coming home to roost.

  22. Jax says:

    Simpleminded me,

    Ma’am, I think it is you who are making a few assumptions now. I think you and I might have more in common than you would think. I don’t know how or where you grew up, but I grew up on a farm, and I’m guessing you came from similar beginnings. Like you, I’m a regular churchgoer. I volunteer at a veteran’s hospital and like to consider myself a pretty decent human being. And I have no problem believing that you still consider yourself a Democrat, but if I could take a shot in the dark, I would guess that the last Democrat you voted for for President would be Lyndon Johnson. Would I be correct?

    I hear this conservative idea that all the government needs to be responsible for is national defense, but it’s just not true. Ma’am, you’re probably sitting in a house right now with electric lights, correct? If you’re in a rural area, you probably owe those lights to the Tennessee Valley Authority, or one of dozens of other public works projects set up under FDR. Ever had to drive on a highway to get where you’re going? You can thank Dwight D. Eisenhower for those roads. Were you or any member of your family educated in public schools? Do you enjoy clean drinking water? The military is one of the most important and powerful tools of the government, but it isn’t the only tool.

    Now, as far as keeping us safe, George W. Bush broke nuclear proliferation treaties with a Russia that is looking dangerously close to getting up off the mat. He failed to secure the border of Iraq when we invaded, allowing thousands of jihadists to flood into the country and attack our troops, while allowing Al Qaida to slowly rebuild its strength in Afghanistan. That why I say, the worst terrorist attack in United States history didn’t occur ON HIS WATCH again. George W. Bush has made us less safe as a nation than we were when he took office, and we will see the repercussions of his actions for years to come.

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