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The Supreme Court has Already Ruled on Birther Idiocy

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demwing Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Aug-05-09 12:36 PM
Original message
The Supreme Court has Already Ruled on Birther Idiocy
Edited on Wed Aug-05-09 12:49 PM by demwing
Forget about Obama's father, or how long his mother lived in the country. The arguments regarding citizenship, and the meaning of the term "natural born citizen", have long been settled by the Supreme Court.

In the case of United States v. Wong Kim Ark, 169 U.S. 649 (1898), the Supreme Court ruled that a person who
  • is born in the United States
  • of parents who, at the time of his birth, are subjects of a foreign power
  • whose parents have a permanent domicile and residence in the United States
  • whose parents are there carrying on business and are not employed in any diplomatic or official capacity of the foreign power to which they are subject
becomes, at the time of his birth, a citizen of the United States by virtue of the first clause of the 14th Amendment of the Constitution.

Regarding the term "Natural Born Citizen," the Court stated:

The constitution nowhere defines the meaning of these words , either by way of inclusion or of exclusion, except in so far as this is done by the affirmative declaration that 'all persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States.'

Since there was no definition of "natural born citizen" found in the constitution, the majority adopted the common law of England that was a carry over from feudal times.


The court ruled:

It thus clearly appears that by the law of England for the last three centuries, beginning before the settlement of this country, and continuing to the present day, aliens, while residing in the dominions possessed by the crown of England, were within the allegiance, the obedience, the faith or loyalty, the protection, the power, and the jurisdiction of the English sovereign; and therefore every child born in England of alien parents was a natural-born subject, unless the child of an ambassador or other diplomatic agent of a foreign state, or of an alien enemy in hostile occupation of the place where the child was born. III. The same rule was in force in all the English colonies upon this continent down to the time of the Declaration of Independence, and in the United States afterward, and continued to prevail under the constitution as originally established.


http://en.wikipedia.org/wiki/Natural_born_citizen_of_the_United_States
http://en.wikipedia.org/wiki/Birthright_citizenship_in_the_United_States_of_America

In a nutshell, the Court has ruled that any child born in the United States, regardless of the nationality of his/her parents (except when conflicting allegiances exist and that being limited to diplomats and foreign officials), and whose parents maintained a permanent residence in the US, was a natural born citizen.

Therefore, according to the US Supreme Court, even if BOTH of Barack Obama's parents were foreigners, Obama himself is a natural born citizen of the United States of America, and constitutionally qualified to serve as the country's President. The tiny fact that Obama's mother was also a citizen simply underlines the obvious.

OBAMA IS PRESIDENT, AND WILL REMAIN SO. END OF DISCUSSION.

Birthers? Get the hell over yourself. Your understanding of the law is faulty, your interpretations are grasping, and your protestations are lame attempts at disguising your racism. You are transparent fools, and even the most extreme members of the conservative movement have abandoned you as feverish nut jobs. You will not prevail on a legal basis, and your only hope seems to be to incite hatred for long enough to become a burden to the democratic process which has defeated your minority, however rabid and loud, opinion.




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old mark Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Aug-05-09 12:46 PM
Response to Original message
1. Thanks for this, but I would not expect the mouth breathing
trash birthers to listen to anything actually reasonable.
They just want to stir up racial hate.

mark
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demwing Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Aug-05-09 12:52 PM
Response to Reply #1
2. I agree about the hate
but it is nice to have a little factual ammunition on hand when the desire strikes you to confuse a herd of idiots.
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badgerpup Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Aug-05-09 01:37 PM
Response to Original message
3. All this means NOTHING! NOTHING, do you understand?
"Natural-born citizenship" is determined solely by the amount of melanin (or lack thereof- see John McCain born in Panama) in a person's skin...and how much it upsets the person screaming about it.

Freaking out about a person's skin color labels you right there as bigoted and a racist.
Being 'concerned' about somebody's 'natural-born citizenship' status (wink, wink) is perfectly OK, however. :dunce:

:sarcasm:
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demwing Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Aug-05-09 01:46 PM
Response to Reply #3
4. Yeah, the next thing we'll hear
Is that Obama can't be President because he's from a different species.
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4lbs Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Aug-05-09 01:53 PM
Response to Original message
5. K&R'ed. However, because it's directly on point and establishes 100% the "natural-born" status for
President Obama, the birthers will come up with some reason to disregard it.

"It was a liberal-leaning US Supreme Court!!!11!1!!"

"Those libruls knew, back in 1898, that a black guy would be born in the state of Hawaii 63 years later, issue a fake birth announcement in the newspaper, and wait 47 years for him to become President!111!111!111!!!!"
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zbdent Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Aug-05-09 02:39 PM
Response to Original message
6. I fear that Repugs could actually nominate a Corporation
as President ... since corporations, by Supreme Court definitions, have rights ...
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BR_Parkway Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Aug-05-09 02:40 PM
Response to Original message
7. That's why they're trying to say he was born in Kenya
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damntexdem Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Aug-05-09 03:01 PM
Response to Original message
8. But have we seen the birth certificates of those 1898 justices?
Aha, thought not! Why haven't those birth certificates been released? Don't you find it strange that those nine dead justices cannot produce birth certificates?

;-)
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LiberalFighter Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Aug-05-09 06:49 PM
Response to Original message
9. But that is based on foreign law.
Of course, the beginning of our justice system is based on foreign law. Which they don't understand.
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Catshrink Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Aug-05-09 06:55 PM
Response to Original message
10. Judicial Activism...
Those justices had a librul bias and should have been impeached, doncha know?
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ShadowLiberal Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Aug-05-09 07:51 PM
Response to Original message
11. How comes the media keeps on saying the court has never ruled on this?
Seriously, I swear that within the last week I heard on NBC nightly news that the Supreme Court has never defined what a natural born citizen is when it comes to requirements in the constitution to be eligible to be president of the united states.
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demwing Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Aug-06-09 09:20 AM
Response to Reply #11
13. good question
It goes against everything I believe about the MSM, to see them act in such a way as if they had an agenda to push, rather than facts to report :sarcasm: :rofl:
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windy252 Donating Member (742 posts) Send PM | Profile | Ignore Wed Aug-05-09 08:08 PM
Response to Original message
12. Yeah, but
the Supreme Court is part of the conspiracy. :sarcasm:
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