Topic: US Supreme Court case NJ CITIZEN CHALLENGING OBAMA AND McCAIN ELIGIBILITY CITES LAW IN SUPPORT OF CONTENTIONS BEFORE UNITE
Published: Nov.12.2008 @ 9:44 am | Print | Email |
Last Edited: Nov.17.2008 @ 10:23 pm
NJ CITIZEN CHALLENGING OBAMA AND McCAIN ELIGIBILITY CITES LAW IN SUPPORT OF CONTENTIONS BEFORE UNITED STATES SUPREME COURT
I anticipate that the erroneous legal conclusions stated today by blogger Jeff Schrieber of the Americasright blog may be echoed further and so I will use the following argument to counter Mr. Schreiber's false contentions and to pre-empt any future false assertions.
Today, Mr.Schreiber posted a
story concerning legal issues in my pending US Supreme Court case
seeking to challenge the 2008 Presidential national
election. Mr. Schreiber failed to even link to this blog. I have quoted selected erroneous statements made by Mr.
Schreiber with my comments following below:
"First, Donofrio provides no support whatsoever to his interpretation
that the word “natural,” in the context of Article II, Section 1, means
as he maintains it does, “unencumbered by the laws of any other
nation.”
The
evidence is contained directly in the 14th Amendment, where it clearly states that people
born in the US are "citizens", as long as they are "subject to the
jurisdiction of the US". The 14th Amendment does not grant "natural
born citizen" status.
Mr. Schreiber may not agree with my
evidence/arguments, but he has no right to say I provided "No support
whatsoever." I've cited legislative history as well as the direct
wording of the Constitution itself. The most important piece of
evidence I provide is that the 14th Amendment only confers "citizen"
status as that is the word used by the Amendment itself. It is Mr. Schreiber who adds an implication to the actual wording of our Constitution's 14
Amendment, I do not.
The wording is clear in that the 14th Amendment confers citizenship. Nowhere does the 14th Amendment confer "natural born citizen" status. The words simply do not appear, but Mr. Schreiber would have us believe they are implied. My argument needs no such implication for it does not seek to read into the Constitution that which was not put there by those who wrote the 14th Amendment which does NOT grant "natural born citizen" status.
More from Mr. Schreiber,
" While he may very well be right in arguing that Barack Obama
is America’s first president born with dual citizenship, according to
Lawrence Solum’s 2008 commentary, Originalism and the Natural Born Citizen Clause (reviewed here at America’s Right in early October),
there is currently no clear understanding of our founders’ original
intent with regard to the Natural Born Citizen clause."
Then this issue is certainly ripe for the SCOTUS to make such a
determination and that is all I have ever tried to accomplish with this case. As a citizen, I sought to bring this case before the Supreme Court so that there might be closure on this issue of first impression. Since the
country has been so divided on this issue, the highest court in the land needs to settle this once and for all.
Of course, I have a strong opinion, supported by law, facts and
arguments, but ultimately the issue needs to be decided by the US Supreme Court. It's up to them to make the tough calls. The issue couldn't be more ripe for
review.
More from Mr. Schreiber:
"Now, there may
be a clean slate in terms of interpretation, of course, but it would
nonetheless behoove Donofrio to provide even a smattering of support as
it does run to the heart of his claim that the Secretary of State
failed to honor her obligations with regard to balloting."
And
here Mr. Schreiber, albeit a struggling law student and not a
professional lawyer, fails to grasp the context of my suit. My law
suit was originally brought in order to force the Secretary of State to
exercise her statutory and Constitutional duty to investigate which
candidates are eligible to be President. There is no dispute as to the
issue of whether she did anything to "certify" which candidates are "by
law entitled" (NJSA 19:13-22) to appear on the ballots, nor is there
any evidence that she took any act to uphold her oath of office to
support and protect the US Constitution. She did nothing and it has
been admitted by one of her key subordinates. Indeed, that she did nothing was not even disputed by her counsel, the NJ Attorney General's Office, nor was this fact disputed by Judge Sabatino in his five page Appellate Division opinion.
My law suit was
brought in the nature of a traditional "writ of mandamus" (aka "action in lieu of prerogative writs") in order to force the Secretary of State to do "something" to
protect the integrity of the ballots as per her oath of office and as
is required by NJSA 19:13-22, a statute specifically addressed to the
Secretary of State with regards to ballot integrity.
The fact that
Roger Calero, born in Nicaragua, had his name listed on New Jersey
ballots is proof positive that Secretary Wells did nothing to protect New Jersey voters from fraudulent and frivolous candidates and she was
therefore guilty of misfeasance since other Secretaries of State did
have Mr. Calero's name removed from their ballots in their states.
The NJ Secretary of State also
admits she did nothing to determine whether McCain and Obama were
eligible. I asked the lower courts to take Judicial Notice of the many
cases being run through US federal and state courts in a frenzy of
confusion as to the issues surrounding candidate eligibility. I
wasn't asking for the court to determine the facts of those cases or
the merits, I simply was using the existence of such cases to show that a genuine controversy
was raging in America as evidence that the "natural born citizen" issue
needed to be addressed by the Secretary of State as it is her job to
police the integrity of New Jersey elections and if there was no clear
determination as to who is eligible under Article 2, Section 1, then
there was no possible way she could certify that these candidates were,
in fact, "by law entitled" to have their names of New Jersey ballots.
By
way of evidence, which Mr. Schreiber chose to ignore, I made reference to
and quoted the current US Foreign Affairs Manual which states:
7 FAM 1131.6-2 Eligibility for Presidency
a.
It has never been determined definitively by a court whether a person
who acquired U.S. citizenship by birth abroad to U.S. citizens is a
natural born citizen within the meaning of Article II of the
Constitution and, therefore, eligible for the Presidency.
b.
Section 1, Article II, of the Constitution states, in relevant part
that “No Person except a natural born Citizen...shall be eligible for
the Office of President,"
c. The Constitution does not define "natural born".
The
“Act to establish an Uniform Rule of Naturalization”, enacted March 26,
1790, (1 Stat.103,104) provided that, “...the children of citizens of
the United States, that may be born ... out of the limits of the United
States, shall be considered as natural born citizens: Provided that the
right of citizenship shall not descend to persons whose fathers have
never been resident in the United States.”
d. This statute is no longer operative, however, and its formula is not included in modern nationality statutes. In
any event, the fact that someone is a natural born citizen pursuant to
a statute does not necessarily imply that he or she is such a citizen
for Constitutional purposes. (Emphasis added.)
This tells you straight up, directly from a Government publication, that the issue has never been definitively determined. And I point
out here, as I did in my SCOTUS stay application, that the Foreign Affairs Manualfails
to mention that Congress specifically repealed the "natural born" part of
the 1790 Naturalization act in the Naturalization Act of 1795 leaving only the word
"citizen" and repealing the words "natural born".
Secretary
Wells had a job to do and she didn't do it. Not having done that job,
and there being no issue of genuine fact to dispute, I asked for a stay
of the NJ ballots to be put in place for the length of time it would
take the Secretary to do her job and make a proper determination as to
the eligibility of the candidates. That was her job to do, not mine.
I raised the Constitutional issues because these issues were potential
road blocks to either of the major candidates being sworn in
post-election. And there are, in fact, going to be post election
challenges.
I sought to make the Secretary do her job as the
chief election official in NJ charged with securing the integrity of
New Jersey's electoral process. It's not my job to do her job, but rather it's my job as a citizen to use the law to command her to do her job, and that is exactly what the eloquent process of writ of mandamus was intended to do; to protect the public from Government officials who failed to do their job and fulfill their prescribed duties.
More from Mr. Schreiber:
"Secondly,
United States law clearly provides now—as it did in August of 1961—that
an individual born in the United States is both a 'natural born
citizen' and 'subject to U.S. jurisdiction.' "
And
where exactly does it say that such a person is a "natural born
citizen" in the 14th Amendment? It doesn't say that anywhere, and
that's the main point of my case. Had the US Legislature and the
States that ratified the 14th Amendment sought to grant the status of
"natural born citizen" by virtue of simply having been born on US soil,
than that's what the 14th Amendment would say, but it does notsay that.Such an allegation is pure fiction.
Mr. Schreiber continues:
"If that child was born in
the United States, the nationality of that child’s parents has no
impact whatsoever on his status as a natural born citizen of the United
States of America, dual citizenship be damned; this, of course, is at
the heart of the debate over “anchor babies” and illegal immigration."
This
is completely false. The "anchor babies" issue deals with whether
those children are "citizens", not whether they are "natural born
citizens" eligible to hold the office of President of the United
States. They are not eligible since, at birth, they are also
subject to the jurisdiction of the countries their parents were citizens
of.
Mr Schreiber continues:
"Nevertheless, Donofrio suggests that it doesn’t matter what Obama’s
birth certificate says because his father was a Kenyan national, but in
fact it does. If Obama was born in Honolulu as he maintains (I’d still
like to see a long-form birth certificate, of course), he is a natural
born citizen."
Wrong.
The 14th Amendment does not use the words "natural born citizen", it
uses the word "citizen". The Constitution uses the word "citizen" in
the 14th Amendment, but the only place the Constitution discusses
"natural born citizen" is in Article 2, Section 1, and ONLY as to that
being an absolute qualifier for those seeking to hold the highest
office in the land, President of the United States. It makes sense
that the framers would have required those seeking this office to have
a totally pure and natural tie to this country unencumbered by dual
nationalities at birth.
But despite whether Mr. Schreiber does or
does not believe my evidence and legal arguments, it is specious for
him to imply that I have provided no evidence to make my case. I have
provided many citations and various legislative history to make my
case, and Mr. Schreiber has included none of it in his blog, but has,
instead, chosen to hide the fact that such arguments and legal support
have been provided by me to the various courts this case has been run
through. Any cursory review of the documents provided at this blog will prove Mr. Schreiber has grossly understated my case. And in conclusion, I will point out once more that Mr. Schreiber didn't even provide a link to this blog.
Dang Leo!
I was hoping we could get a two'fer'one special out of this case on the fiery anchor baby issue but after reading your post I see that this will not happen. None the less I am so thrilled about this case that I cannot concentrate on anything. God Bless you and your persistance and courage! It seems to me you have a WINNER!
Let us hope that the odd clerk behavior will not turn us into full-time conspiracy theorists.
Good morning, Mr. Donofrio.
I wish you great success with your lawsuit, and I do appreciate all your efforts.
I just wanted to ask if you see any value in writing the electors directly, as volunteers are being asked to do with form letters at www.democratic-disaster.com/ ?I'm wondering if I should bother with this, or if there are any potential repercussions?Thank you.
It's true that the state of New Jersey placed Nicaraguan-born Roger Calero on their official ballot... here is a link to the state's sample ballot that was mailed out to voters: http://co.middlesex.nj.us/countyclerk/sampleballots/CRANBURY.pdf
Hi Leo. Great effort. I have posted comments over at Americasright, backing your argument. And I especially agree with the specific intention of the framers re: qualifications for the Presidency. They were no fools for they had witnessed just what dual, or more, loyalties can influence for governing with supposedly sole interest for our country alone. We now are witnessing the fruit of erroneous interpretations of that intent with a man who has used his position here to influence elections in Kenya - his other loyalty through birth - and causing chaos in that interference. Such connections logically require certain "understandings" and illicit "connections" that can, in any such future President, cause just such a dual loyalty influencing foreign policy.
I called both numbers. I lodged specific complaints, and the persons I spoke with, once I began with the information, sincerely sounded as if (they did not say this) they were unaware of the actions being taken regarding this case. I informed both parties that I would be writing via regular mail to Justice Thomas to inform him of the apparently intentional roadblock that the stay clerk is attempting on this case.
They did sound surprised, and frankly somewhat concerned and assured me that they would submit my complaint to the proper persons.
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