Should the Supreme Court hear arguments on Obama's citizenship? (user search)
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  Should the Supreme Court hear arguments on Obama's citizenship? (search mode)
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Question: Well (Who did you support)
#1
Yes (Obama)
 
#2
Yes (McCain)
 
#3
Yes (Other)
 
#4
No (Obama)
 
#5
No (McCain)
 
#6
No (Other)
 
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Total Voters: 66

Author Topic: Should the Supreme Court hear arguments on Obama's citizenship?  (Read 6961 times)
Stranger in a strange land
strangeland
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« on: December 04, 2008, 04:19:07 PM »

No: this case is frivilous and a waste of the court's time.
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Stranger in a strange land
strangeland
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« Reply #1 on: December 04, 2008, 04:34:58 PM »

No: this case is frivilous and a waste of the court's time.

This here. If Obama was unconstitutional, he wouldn't have run.

My hope is that the justices will issue a statement to the effect of "his citizenship is not in sufficient doubt to warrant us hearing this case." Most cases referred to the Supreme Court never get heard.
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Stranger in a strange land
strangeland
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« Reply #2 on: December 04, 2008, 08:32:46 PM »

could someone more knowledgable about these matters than me comment on what they think the likelihood of the Court actually hearing this case is? I can't imagine Thomas could get four other justices to go along with him and vote to hear the case. Even if Roberts and Alito were feeling vindictive against Obama for voting against their confirmations, I very much doubt he'd be able to get Kennedy (the likely swing vote) to go along with it. And probably none of them want to be seen as repeating Bush v Gore.
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Stranger in a strange land
strangeland
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« Reply #3 on: December 04, 2008, 10:09:59 PM »

could someone more knowledgable about these matters than me comment on what they think the likelihood of the Court actually hearing this case is?

I second the request.  All I know is that he was born in the United States, is over 35, hasn't committed any felonies (at least not any that stuck), and hasn't renounced his citizenship or taken any titles of nobility. 

I am aware that some refer to the rule that states that a "natural born citizen" is one who is defined either as a person born in the US of two US parents, or born on foreign soil of two US parents who are on US official business, or born in the US of one US parent who has lived in the US at least ten years, and at least five of those years should have been after the parent's 16th birthday.  This was apparently the law applicable to those born from circa 1950ish to 1980ish, and therefore applies to Obama, who was born in the same years as my older brother.  And since his mother only lived in the US for two years (after her 16th birthday) when she birthed him, then there may be some issue.  This is apparently a continuation of a New Jersey case that has hounded him for a long time, and does seem to have some legitimacy.  Is that what this is all about? 

Anyway, I voted NO, and I hope it doesn't become an issue, mostly because I think it would violate the spirit in which the law was written, though perhaps not the letter of the law.  I know sometimes the spirit and the letter come into conflict, and in this case I'd side with the spirit, but I could respect those who disagree and side with the letter, if only they knew what the letters said.  So, does anyone know what the letters say?

according to the guidelines laid out in the 14th Amendment, Obama is a natural born citizen because he was born in the United States. He would be such even if his parents were foreign nationals who had never set foot in the United States before giving birth to him. The requirement for years of residence after the age of 16 applies only to those born outside the United States. In short, he was a natural born citizen because he was born in the United States. Done, period, end of story.

A different lawsuit claims that Obama lost his citizenship if and when he was adopted by his stepfather, Lolo Soetoro, when he moved to Indonesia. However, the only way to lose one's citizenship is to renounce it in the presence of consular officers in a US Embassy overseas.
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Stranger in a strange land
strangeland
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« Reply #4 on: December 04, 2008, 10:21:25 PM »
« Edited: December 04, 2008, 10:22:56 PM by Stranger in a strange land »

It only takes four justices to hear a case, but I'd be shocked if they would agree to do so. And no, it's not the business of the Supreme Court to deal with any case claimed by any idiot.

my concern is that Scalia, Thomas, Alito, and Roberts would all agree to hear it, which would then result in a major media circus even if they ultimately find 9-0 that the case has no merit and that Obama is natural born citizen.
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Stranger in a strange land
strangeland
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« Reply #5 on: December 05, 2008, 03:52:28 PM »

okay, I've been doing some digging and here's what I've found:

1. the fact that he was a dual US-Kenyan citizen at the time of his birth is irrelevant, because the US does not recognize dual citizenship. If he became an Indonesian citizen as a child, the matter is also irrelevant, because he would not have sworn an oath of loyalty to Indonesia after the age of 18. Furthermore, Obama never held a Kenyan passport and never visited Kenya until he was in his 20s.

2. It is impossible for a child to renounce their US citizenship, so even if he was adopted by Lolo Soetoro, that would in no way compromise his US citizenship, especially since he was still the son of Ann Dunham. Furthermore, Ann Dunham remained his legal mother.

3. There is absolutely no evidence to suggest he was born outside the United States

4. If Frank Marshall Davis were indeed Obama's biological father, that would weaken, not strengthen, the case that Obama was not a citizen, as Davis was a natural-born citizen.

5. Nobody has explained why exactly the state of Hawaii would have a fraudulent birth certificate on record. This would require a conspiracy involving at least dozens of people.

6. If you request a copy of your birth certificate, you will very likely get a short form copy, not a long form original. The document posted online meets all of the State Department's criteria for verification of citizenship.

7. Regardless of the age or citizenship of his parents, Obama is a natural-born citizen under the guidelines laid out by the 14th Amendment.
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Stranger in a strange land
strangeland
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« Reply #6 on: December 06, 2008, 04:04:45 PM »
« Edited: December 06, 2008, 04:23:28 PM by Stranger in a strange land »

1. the fact that he was a dual US-Kenyan citizen at the time of his birth is irrelevant, because the US does not recognize dual citizenship. If he became an Indonesian citizen as a child, the matter is also irrelevant, because he would not have sworn an oath of loyalty to Indonesia after the age of 18. Furthermore, Obama never held a Kenyan passport and never visited Kenya until he was in his 20s.

That's wrong.

The US allows dual citizenship. US citizenship takes precedence within the borders of the United States, and US law has no bearing on the nationality law of other nations and vice versa. My point was that the fact he held Kenyan citizenship (that he never claimed) at the time of his birth would not compromise or diminish his US citizenship.
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Stranger in a strange land
strangeland
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« Reply #7 on: December 06, 2008, 04:13:05 PM »


4. If Frank Marshall Davis were indeed Obama's biological father, that would weaken, not strengthen, the case that Obama was not a citizen, as Davis was a natural-born citizen.


Still the most likely reason that he's been very secretive about his BC. Can't blame him really, but if you ARE running for president you should lay out all your documents required to prove what you are.

Even if that were true, couldn't the birth certificate claim Barack Sr. was the real father? And why would Barack Sr. have gone along with the ruse for almost two years?

Anyway, it's irrelevant, but Obama's facial features look more Kenyan than African-American IMHO.
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Stranger in a strange land
strangeland
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« Reply #8 on: December 07, 2008, 11:29:04 PM »
« Edited: December 08, 2008, 12:27:15 AM by Stranger in a strange land »

The court hearing this case and proving Obama's citizenship won't shut up conspiracy theorists.  They'll either:

(A) believe the Court is part of the plot
(B) latch onto a new anti-Obama conspiracy
(C)  YOUR MOTHER SO HARD YOU WAN"T NAW WHAT TOO DUE

also, there are at least five versions of this conspiracy theory:
1. Obama is not a citizen because he was actually born in Kenya or Indonesia
2. Obama was a citizen but lost his citizenship when he was adopted in Indonesia
3. Obama was born a US citizen in Hawaii but is not a natural-born citizen because he was also a Kenyan citizen due to his father's citizenship.
4. Obama does not qualify as a US citizen because his mother was too young and his father was a non-citizen. (this is demonstrably false: see anchor babies and birth tourism)
5. Obama is a nautral born citizen but a Communist is his real father.

The 3rd one is what the Donfrio case is alleging.
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