Government

Supreme Court Refuses to Hear Birth Certificate Case

WASHINGTON (AP/The Blaze) — The Supreme Court – the only legal authority with the power to directly interpret the United States constitution – has refused to hear an appeal challenging President Barack Obama’s U.S. citizenship and his eligibility to serve as commander in chief.

Without comment, the high court on Monday refused to hear an appeal from Alan Keyes, Wiley Drake and Markham Robinson.

The 9th U.S. Circuit Court of Appeals ruled the challengers did not have legal standing to file the lawsuit. At the time, the Los Angeles Times reported that:

None of the “birthers” who filed suit on Inauguration Day 2009 can show that they suffered any harm from the Obama presidency that would give them the right to sue him, a three-judge panel of the U.S. 9th Circuit Court of Appeals said in dismissing the lawsuit brought by dozens of opponents.

Even the political candidates who lost to Obama in 2008 would only have had standing to sue if they had filed their complaint alleging unfair competition from an ineligible candidate before the election, the 9th Circuit judges said.

Given that this decision was passed over without comment, one is safe in assuming that the US Supreme Court found nothing worth relitigating in the reasoning involved. There is also this crucially important point from the LA Times story:

The 9th Circuit judges noted at the hearing as well as in their ruling Thursday that aside from the plaintiffs’ lack of standing, the challenge of Obama‘s legitimacy to serve as president is a political question beyond any federal court’s power to decide. Only Congress can impeach a president, and any citizen petition for a common-law writ to initiate an inquiry into the legitimacy of the president would have to be brought through the federal court in Washington, D.C., the 9th Circuit panel noted.

In other words, given that the Supreme Court has declined to rule without comment, all Federal courts within the purview covered by the 9th Circuit Court are categorically barred from tackling this question.

Moreover, even if Federal courts were to declare President Obama ineligible to hold office, they would have no authority to enforce that ruling. Why? Because removal of a President from office (IE impeachment) is a power only enjoyed by Congress, pursuant to Article I, Section 3 of the Constitution.

The U.S. Constitution says only “a natural born citizen” may serve as president. The challengers allege that Obama, whose father was Kenyan, was born in that African country, rather than in Hawaii. They claim his Hawaii birth certificate is a forgery.

Supreme Court Refuses to Hear Case Challenging President Obamas Birth Certificate and Eligibility to be President

The "forgery" in question

However, not only have Hawaii officials have repeatedly verified Obama’s citizenship (Related: See Hawaii‘s Official Form Verifying They Have Obama’s Birth Certificate), but the website snopes.com, which is devoted to debunking urban legends, has done an exhaustive run-through of the various claims that the certificate is a forgery and debunked them all. These include the claims that parts of the document are anachronistic, that the hospital name is wrong, and that layering appears in the document when it is put into Adobe Illustrator. On this last point, the Snopes article links to an analysis by an actual expert at Adobe software, who had this to say, according to Fox News:

But that’s not so, says Jean-Claude Tremblay, a leading software trainer and Adobe-certified expert, who has years of experience working with and teaching Adobe Illustrator.

“You should not be so suspicious about this,” Tremblay told FoxNews.com, dismissing the allegations.

He said the layers cited by doubters are evidence of the use of common, off-the-shelf scanning software — not evidence of a forgery. “I have seen a lot of illustrator documents that come from photos and contain those kind of clippings—and it looks exactly like this,” he said.

Tremblay explained that the scanner optical character recognition (OCR) software attempts to translate characters or words in a photograph into text. He said the layers cited by the doubters shows that software at work – and nothing more.

“When you open it in Illustrator it looks like layers, but it doesn’t look like someone built it from scratch. If someone made a fake it wouldn’t look like this,” he said.“Some scanning software is trying to separate the background and the text and splitting element into layers and parts of layers.”

Keyes and Drake ran against Obama on the American Independent Party ticket and Robinson serves as the party’s chairman.

It is worth noting that the Court did not address the more complicated allegations of birtherism put forward by such figures as Joseph Farah of WorldNetDaily, who asserts that a natural born citizen must be someone who was born of two United States Citizens in order to be considered eligible for office.

However, this theory is controversial even among birthers, as it would invalidate not only the Presidency of Barack Obama, but also of Chester Arthur in the 1880s. There are controversies surrounding Arthur’s eligibility to this day, but those controversies remain unsettled because they hinge on the question of whether Arthur was born in Vermont. The theory advanced by Farah would invalidate Arthur’s claim simply because his father was not a United States citizen at the time Arthur was born, a theory of citizenship which the former chief of the U.S. Office of Citizenship under President George W. Bush has called “dangerous,” and which was also debunked by Snopes.

Needless to say, calling into question the eligibility of obscure 19th century Presidents is a step that a Court will be reluctant to take, and with good reason. Moreover, this interpretation would render such conservative heroes as Marco Rubio ineligible for the Presidency, a prospect which many, even with Birther sympathies, do not find attractive.

Comments (227)

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  • ellecatt
    Posted on June 11, 2012 at 7:47pm

    Those on the P,Bo side don’t need any logic or support for their argument, just a few insults, or better yet, a word “birthers” they can use to ridicule without one shred of evidence. (Alinsky 101)

    So we need a word for them, so they will also sound “ridiculous”

    hmmmm, deniers? avoiders? fakers? I kinda like “after-birthers”

    woot

    Report Post » ellecatt  
    • G man
      Posted on June 11, 2012 at 8:01pm

      Perfect!

      G man  
    • DetritusScreener
      Posted on June 11, 2012 at 8:03pm

      We have one… CRIMINALS!!!

      Report Post » DetritusScreener  
    • ellecatt
      Posted on June 11, 2012 at 8:08pm

      Oh, No, G-Man. I send email to the blaze. Made the rookie mistake, thot I was replying to you and reported you. But they’ll get it, because it was an actual post not a complaint.

      Report Post » ellecatt  
    • ellecatt
      Posted on June 11, 2012 at 8:10pm

      I think it’s funny as all get-out…….after-birthers…….hahahahahha. We need to blast it around where we all blog and maybe we can blunt their ridicule with humor and get people to look at the real issue. Which really isn’t the BC, it’s that people do not know who this man is.

      Report Post » ellecatt  
    • teamarcheson
      Posted on June 11, 2012 at 8:12pm

      African is not a race. People in Egypt are African too. White people born in South African are African. Is the race Negroid? A college student should have been able to answer. That is not a certificate of live birth, only a doctor can fill that out. Who was the doctor that delivered the baby. This spells forgery. Its a forgery and Obama’s presidency is a act of High Treason. The Supreme Court does not want to hear this case because it would become another Dred Scott decision leading to a vicious bloody Civil War. Its going to lead to a vicious bloody Civil War anyway.

      Report Post »  
    • teamarcheson
      Posted on June 11, 2012 at 8:15pm

      HARM?

      I suffered harm and my family suffered harm because Obama became president illegally. How many harmed people do you need. How many people on Obama’s Kill List have been harmed by this act of High Treason. Defending Obama makes you a guilty co-conspirator to High Treason.

      Report Post »  
    • Wolfgang the Gray
      Posted on June 11, 2012 at 8:35pm

      I haven’t heard any explanation of how a “Hawaiian” born baby could get a Connecticut Social Security Number. One piece of the puzzle may be denied, but what about the others?

      Report Post » Wolfgang the Gray  
    • Laken
      Posted on June 11, 2012 at 8:47pm

      Do your job congress!!!!!

      http://www.wnd.com/wnd_petition/petition-urging-congress-to-investigate-obamas-eligibility/

      Report Post » Laken  
    • Laken
      Posted on June 11, 2012 at 8:49pm

      http://obamareleaseyourrecords.blogspot.com/

      Report Post » Laken  
    • Cymry
      Posted on June 11, 2012 at 8:59pm

      how’s this for ridiculous…….

      ok, the US government is almost completely corrupt and the elite that pull the strings are too entrenched to be dislodged from their positions of power

      so, i‘m voting for barry because the US wouldn’t last a year under the kenyan and after the smoke cleared, we could re-build the nation as the founders intended.

      Report Post » Cymry  
    • Cymry
      Posted on June 11, 2012 at 9:03pm

      I am calling on ALL BIRTHERS to vote for barry soetoro.

      if the power elites want to take up the issue of barry’s ineligibility, then i might re-consider my vote.

      Report Post » Cymry  
    • oklahomalady
      Posted on June 11, 2012 at 9:04pm

      Yeah, like “afterbirthers”. I’m a show dog breeder so it has a very distinct meaning (gross!) for me.

      Report Post »  
    • Cymry
      Posted on June 11, 2012 at 9:08pm

      Obama 2012!

      Report Post » Cymry  
    • black9897
      Posted on June 11, 2012 at 9:20pm

      Ohhh…of course. If I bring something against the government I must have a valid cause of action (violation of a legal right and or damage) but if they write me a ticket for no seat belt or open carrying, or hunting without a license then they don’t need one.

      Report Post » black9897  
    • Constantine Ivanov
      Posted on June 11, 2012 at 9:27pm

      @WOLFGANG THE GRAY:

      “I haven’t heard any explanation of how a “Hawaiian” born baby could get a Connecticut Social Security Number,” you said.

      I didn‘t hear only because you didn’t take classes in Chicago school of Harvard University.
      Any Chicago mafiosi in the WH knows it, and you don’t know? Shame on you!
      That Connecticut Social Security Number has been reserved for the future Hawaii-born half-Black-half-White President already in 1960.

      Report Post » Constantine Ivanov  
    • Laken
      Posted on June 11, 2012 at 10:16pm

      10 reasons the electorate has every reason to see Obama’s records…

      http://thesteadydrip.blogspot.com/2012/06/do-you-really-think-aka-obama-will-be.html

      Report Post » Laken  
    • dawghowse
      Posted on June 11, 2012 at 10:37pm

      I like it! perrrr fect

      Report Post » dawghowse  
    • Restore the Republic
      Posted on June 12, 2012 at 12:01am

      Marxists?

      Report Post » Restore the Republic  
    • Sue Dohnim
      Posted on June 12, 2012 at 12:49am

      I GOT IT…

      Frauders..

      Obama has claimed to be and Kenyan born, he may have been lying.. maybe not

      Athough, I can’t prove what was changed on his BC. I can prove that there exists a legal mechanism for him to have 2 birth certificates on file in Hawaii, one sealed and one with altered information, even fake information…

      Let me very clear,
      What does this mean,, well it means that the BC that Obama produced is meaningless as proof of anything.

      Further, the statements from the State of Hawaii and the letter sent to Arizona are completely consistent with the 2 BC on file theory.

      In fact the 2 BC theory fits all facts, actions and statements from everyone.

      It does not prove WHAT was changed on the BC, but is proves that info can be changed legally, even falsified and a new one issued.

      Report Post » Sue Dohnim  
    • HKS
      Posted on June 12, 2012 at 6:56am

      The truth always comes out eventually, when it does there’s going to be quite a list of conspirators to prosecute for this cover-up. Should make Watergate look like child’s play. It will happen, it always does.

      Report Post » HKS  
    • Secret Squirrel
      Posted on June 12, 2012 at 9:07am

      .
      There was no doubt that the court would dodge this issue.
      No court wants their legacy to be, “The court who brought down the first BLACK president.”
      But, the 9th circuit court was wrong. (There’s a shock).
      They ruled that the citizens didn‘t have standing since they weren’t harmed.
      I say whenever the constitution is trampled, we are all harmed.

      Report Post » Secret Squirrel  
    • Laken
      Posted on June 12, 2012 at 4:16pm

      For The Obots….

      http://giveusliberty1776.blogspot.com/2012/06/share-this-with-any-obots-you-know.html

      Report Post » Laken  
  • Webcat
    Posted on June 11, 2012 at 7:46pm

    Maybe I don‘t know all the legal in’s and out’s but I do know he was born with the name Barry. Why does it say Barack on the certificate?

    Report Post » Webcat  
  • tennantusa
    Posted on June 11, 2012 at 7:42pm

    This is such a SCAM! But good news OSLEEZO’s GONNA, be gone SOON!

    Report Post »  
  • jadedraver38
    Posted on June 11, 2012 at 7:41pm

    Snopes…what a joke. Right along with anyone who believes this fraud of a president is an American citizen. For the fools who still actually believe that the birth certificate is real, you should stop swallowing the MSM propaganda. The New Jersey Tea Party sued to keep him off the ballot and Barrys’ attorneys admitted in court that the birth certificate is, in fact, a forgery. I guess the “birthers” have it right after all.

    Report Post »  
    • hanblecheya
      Posted on June 11, 2012 at 7:51pm

      It’s only natural for dumocrats to swallow!

      Report Post »  
    • HorseCrazy
      Posted on June 11, 2012 at 7:54pm

      even if this certificate is fine, our policy on citizenship needs to be called into question if some communist on a student visa can come here and impregnate a woman who then gives birth and abandons a child for all to care for. This child is now an american citizen. I am fed up with the garbage out of the white house and as a seperate issue fed up completly with the baby mills here in the USA where we allow pregnant chinese or mexican women in to give birth, get their child a birth certificate etc. I am just sick of this we need to really watch who is getting these visa’s. wasn’t the cannibal the other day on a student visa from kenya? how about filling our universities with american kids.

      Report Post »  
    • DesertRose1960
      Posted on June 11, 2012 at 8:42pm

      And your source for this is exactly what?

      Report Post » DesertRose1960  
    • Bob_R_OathKeeper
      Posted on June 11, 2012 at 11:10pm

      DesertRose – If you haven’t looked at all the evidence yet, you never will. Stay on your knees giving Barry a breeze, that’s all you are good for.

      Report Post » Bob_R_OathKeeper  
  • PointBreak
    Posted on June 11, 2012 at 7:40pm

    My God. This article is so full of lies it defies belief. The OCR software excuse is a scapegoat that relies entirely on your ignorance to be believed. The supreme court’s JOB is to hear these things as there is a MOUNTAIN of evidence against, including the need to rule on the definition of ‘natural born’ (which is probably why they won‘t hear it because they know he isn’t). The tree of liberty is dead. No amount of watering can save it now.

    “None of the “birthers” who filed suit on Inauguration Day 2009 can show that they suffered any harm from the Obama presidency that would give them the right to sue him, ” – What rock have these psychos been hiding under?

    Report Post »  
    • Halgar
      Posted on June 11, 2012 at 8:12pm

      Actually I found myself agreeing with the concept that the courts should not be involved with this.

      There is no role for the Supreme Court (or any other court) in determining eligibility for President, nor does it have any authority to oust a sitting President.

      The responsibility was strictly on the backs of the people and the media, to determine if Obama was indeed eligible. Had the polls shown that the American people would not support Obama in 2008 until the issue had been addressed, it would have been addressed. The people didn’t care, at least not enough of them.

      Now, the charge would be to the Senate to initiate investigation and impeachment and we know that will not happen. Even if it did, it wouldn’t be wrapped up till after the election… so the issue is once again back to the people.

      FWIW, I don’t think he was born in this country. Though I am not sure if that makes him ineligible. At this point, while it concerns me, it should not be considered an issue for the election.

      We need to throw Obama out of office by a large margin based on everything he has done, not a technicality that the left can use to re-write history and tell us, the country loved Obama and everything he did but his Presidency was thrown out on a technicality.

      Report Post »  
    • ChevalierdeJohnstone
      Posted on June 11, 2012 at 11:40pm

      @ Mr. Holt, the author of this piece: Would you please check your facts. My reading of the Keyes et. al. suit is that it does not allege Obama was born in Kenya, but that as the son of a Kenyan citizen he was a dual citizen at birth (a fact Obama has publicly acknowledged) and that this does not constitute a “natural born” citizen. U.S. v Wong Kim Ark established that all people born in the U.S. are citizens, but there is no court ruling as to the legal definition of the term “natural born”. Clearly there is a legal difference as the Constitution specifically uses the term “natural born citizen” and not merely “citizen”. How many of the suits regarding Obama’s citizenship status actually allege that he was “born in Kenya”?

      As commenter Halgar says, it is not the job of SCOTUS to screen candidates for the Presidency. Each State is supposed to do due diligence on candidates before putting them on a ballot, but Soros owns the Secretaries of most of the key states. Other suits allege that these State Secretaries did not properly perform their duties. In most cases any taxpayer has automatic legal standing in a suit against the State in which he pays taxes…anyone want to bet these suits will ever get a court hearing?

      Obama Jr., of course, does not want anyone to dig into the issue, because it would highlight the fact that his father was a bigamist whose “marriage” to Obama Jr.’s mother may have been illegitimate.

      Report Post »  
    • Meyvn
      Posted on June 12, 2012 at 7:06am

      The tree of Liberty requires some blood.

      Report Post » Meyvn  
    • lukerw
      Posted on June 12, 2012 at 7:30am

      NO… This not a matter of Deciding upon Constitutional Law; This is a matter of Existing Law that the DOJ is chartered to Investigate.

      Your gun is pointed in the Wrong Direction!

      Report Post » lukerw  
  • ddg7
    Posted on June 11, 2012 at 7:40pm

    Punt!

    Report Post »  
  • Look4DBigPicture
    Posted on June 11, 2012 at 7:38pm

    They obviously don’t know the difference between race and a citizenship. If the “race” of the father is African, then wouldn’t the “race” of the mother be American? (Absurd, right?) As has been stated before by others, in 1961, a black person‘s race’ was ***** … not African.

    Seriously, who could possibly believe this birth certificate is legit? The Supreme Court just doesn‘t want to embarrass the United States of America by proving the citizens are such ignorant air heads they elected a president who didn’t meet the basic qualifications outlined in our own Constitution.

    Report Post »  
  • Southern Rebel
    Posted on June 11, 2012 at 7:38pm

    Not surprised. Justice is not only blind, it’s deaf and dumb too.
    Time for the citizens to enact the ‘constitutional’ recourse of the Grand Jury. Courts have no option but to hear the case.

    Report Post » Southern Rebel  
    • encinom
      Posted on June 11, 2012 at 9:38pm

      There is no such thing as a citizen’s grand jury, just another BS psuedo legal thing of the brainless tea baggers.

      Report Post »  
    • Laken
      Posted on June 12, 2012 at 4:39pm

      “Truth will ultimately prevail where there is pains to bring it to light.”…George Washington

      Report Post » Laken  
  • The-Monk
    Posted on June 11, 2012 at 7:38pm

    This whole birth certificate issue was started by Hillary Clinton’s campaign when she was running against him. I think the website that started this was puma.org if I remember correctly.

    Report Post » The-Monk  
  • affinity
    Posted on June 11, 2012 at 7:35pm

    He was voted into office and now we need to vote him out.

    Report Post »  
  • ellecatt
    Posted on June 11, 2012 at 7:34pm

    It’s not an issue for Supreme Court, they hear those issues we grapple with when different opinions have no set resolution. The BC issue is black & white – show the stupid thing showing what he claims and he’s good, don’t show it, the issue will follow P.Bo through not just his time in office, but through the history books for all time.

    It is an issue, however, for the states to determine whether or not to put a candidate on the ballot.

    Report Post » ellecatt  
  • BubbaCoop
    Posted on June 11, 2012 at 7:27pm

    It makes no difference where Obama was born. The hands that wrote “natural-born citizen” understood it to mean, “born to a father who is a citizen”

    Report Post »  
    • ellecatt
      Posted on June 11, 2012 at 7:35pm

      da*n straight, if we update it, would be both as women could not vote then

      Report Post » ellecatt  
  • bullcrapbuster
    Posted on June 11, 2012 at 7:25pm

    What really matters is that Obama is a total failure and cannot possibly win on Nov. He is already having trouble raising anywhere near the amounts that his handlers expected. As more rats leave the sinking ship the pretender pretender will fade into oblivion..

    Report Post » bullcrapbuster  
  • encinom
    Posted on June 11, 2012 at 7:23pm

    Another victory for the rule of law and the truth and yet again another defeat for the racist tea bagging brithers.

    Report Post »  
    • qpwillie
      Posted on June 11, 2012 at 7:30pm

      @Encinom
      LOL!!! You must really enjoy having people laugh at your stupidity. You just keep coming back for more.

      Report Post » qpwillie  
    • The-Monk
      Posted on June 11, 2012 at 7:33pm

      What’s a “brithers”?

      Report Post » The-Monk  
    • 2ndAmdmt
      Posted on June 11, 2012 at 7:40pm

      @Encinom, I personally could not care less about this decision, but you are aware that the Clinton’s started the brither (sic) movement right?

      Report Post »  
    • hwyllie
      Posted on June 11, 2012 at 8:29pm

      name calling from an enlightened tolerant liberal? I’m shocked !!

      Report Post » hwyllie  
    • WEBWITHDEB
      Posted on June 11, 2012 at 9:16pm

      The rule of law was upheld, yes, being that the Supreme Court only said that the plaintiffs did not have standing to file this, and gave further indication of the proper place and time for filing a challenge to eligibility. I see that as a green light for a person with standing to challenge his eligibility for the UPCOMING election, not to try to revisit eligibility from the last presidential election.

      The TRUTH is that if Obama was properly vetted as eligible back then, he then presented false identification with this 2011 released BC. The TRUTH is, as more and more people come to understand that if “native-born“ is being used synonymously with ”natural born”, then the children of illegal aliens born in this country are eligible to be president. The TRUTH is that there is no possible way for a person to be a natural born citizen without naturally having parents for citizens, just as there is no possible way for a Caucasion to be the natural born child of a Negroid mother and a Mongoloid father.

      Report Post »  
    • Cymry
      Posted on June 11, 2012 at 9:18pm

      Barrack Obama 2012!

      Report Post » Cymry  
    • Cymry
      Posted on June 11, 2012 at 9:27pm

      there are enough birthers that if we vote for obama we could give him the election. this country wouldn’t last through a second term of the kenyan and then we could re-build the nation as the founders intended.

      Report Post » Cymry  
    • encinom
      Posted on June 11, 2012 at 9:45pm

      @Webby Debby TRUTH is you are an ignorant, racist, tea-bagging birther with no understanding of the issues outside of the BS racist websites you read. Native Born and Natural Born are the same, US law has only two classifications for citizenship Natural Born or Naturalized. You just can’t stand the Black man in the White House. The Birthers are not more than the true racist face of the GOP.

      Report Post »  
    • WEBWITHDEB
      Posted on June 11, 2012 at 10:01pm

      Hon, you’re entitled to your opinion of me, just as I am privileged to live in THE TRUTH. Those who wouldn’t know the truth — instead believing that just because they think it, it is truth — are also those that live in a fantasy world, unable to know natural law, as such is in direct conflict with their fantasy world.

      Report Post »  
    • encinom
      Posted on June 12, 2012 at 1:04am

      Webby Debby, show me this “Natural Law,” outside law professors’ theories there is none. We are governed by common law, which supports Obama. You racist tea baggers just can’t handle the truth and have invented this fiction.

      Report Post »  
    • WEBWITHDEB
      Posted on June 12, 2012 at 1:49am

      For you to see natural law would require you to be able to live in the TRUTH. The truth in nature is that you wouldn’t make it out of the jungle alive since you smell of dinner to one of many carnivores. That species that had you for dinner, what criminal (common?) law would you wish they be charged with?

      Report Post »  
    • wesaluteyou
      Posted on June 12, 2012 at 2:22am

      Encinom…native born & natural born are the same eh? Quit making crap up.

      Take a look at the official INS “.gov” site which establish official recognition by the federal government that native-born and natural-born are separately delineated.
      http://www.uscis.gov/ilink/docView/SLB/HTML/SLB/0-0-0-1/0-0-0-45077/0-0-0-48575.html
      Interpretation 324.2 Reacquisition of citizenship lost by marriage.”

      Three times in this official INS Interpretation – currently published by the Obama Administration – native-born and natural-born are given separate consideration.

      Interpretation 324.2 (a)(3) provides:
      “The repatriation provisions of these two most recent enactments also apply to a native- and natural-born citizen woman who expatriated herself by marriage to an alien…” (Emphasis added.)

      Then, Interpretation 324.2(a)(7) provides:
      The words “shall be deemed to be a citizen of the United States to the same extent as though her marriage to said alien had taken place on or after September 22, 1922″, as they appeared in the 1936 and 1940 statutes, are prospective and restore the status of native-born or natural-born citizen (whichever existed prior to the loss) as of the date citizenship was reacquired.”

      And again, Interpretation 324.2(b) provides:
      “The effect of naturalization under the above statutes was not to erase the previous period of alienage, but to restore the person to the status if naturalized, native, or natural-born citizen, as determi

      Report Post »  
    • wesaluteyou
      Posted on June 12, 2012 at 2:39am

      (Continued)…determined by her status prior to loss.”

      http://www.uscis.gov/ilink/docView/SLB/HTML/SLB/0-0-0-1/0-0-0-45077/0-0-0-48575.html

      The INS includes the following explanation of Interpretations:

      “Interpretations were created to supplement and clarify the provisions of the statute and regulations as interpreted by the courts. These materials usually are not included in the regulations because they deal generally with procedural matters and do not deal directly with application and benefit requirements. They are still a useful tool to help you understand how the DHS Bureaus performs their different immigration services and enforcement functions. Users of the Operation Instructions and Interpretations should always consult the relevant regulations and manuals in conjunction with these materials. As the DHS Bureaus have grown, the trend has been towards inclusion of more materials in the regulations and field manuals, and the Operations Instructions and Interpretations have been updated less frequently.”

      Add these official Interpretations of the INS, published at the official “.gov” site, to the Supreme Court’s opinion from Minor v. Happersett, the true Constitutional definition of a natural-born citizen, as one born in the country to citizen parents, is further reinforced.

      Too bad Encinom…Even the Obama administration says your clearly 100% wrong.

      Report Post »  
    • encinom
      Posted on June 12, 2012 at 10:13am

      Webby Debby, point to the freakin’ law book that publish Natural Law. You can’t, you believe in some psuedo religious BS that in your small mind should (but doesn’t) govern US law.

      Report Post »  
    • encinom
      Posted on June 12, 2012 at 10:30am

      @wesaluteyou
      Yes Native Born and Natural Born are the same. The bureacratic mumble jumble, (1) does not have the force of law; (2) is meaningless and outwieghed by the Congressional Finding (3) US COMMON LAW supports the my statement that Native and Natural born are the same.

      Under the treaty [of 1868 with Germany], and in harmony with American doctrine, it is clear that Steinkauler the father abandoned his naturalization in America and became a German subject (his son being yet a minor), and that by virtue of German laws the son acquired German nationality. It is equally clear that the son, by birth, has American nationality, and hence he has two nationalities, one natural, the other acquired. …. Young Steinkauler is a native-born American citizen. There is no law of the United States under which his father or any other person can deprive him of his birthright. He can return to America at the age of 21, and in due time, if the people elect, he can become President of the United States….. I am of opinion that when he reaches the age of 21 years he can then elect whether he will return and take the nationality of his birth, with its duties and privileges, or retain the nationality acquired by the act of his father. U.S. Attorney General Edwards Pierrepont (1875)

      Report Post »  
    • encinom
      Posted on June 12, 2012 at 10:31am

      In an 1825 treatise, A View of the Constitution of the United States of America, William Rawle (1759-1836), formerly the U.S. Attorney for Pennsylvania (1791-1799), wrote that

      The citizens of each state constituted the citizens of the United States when the Constitution was adopted. … [He] who was subsequently born the citizen of a State, became at the moment of his birth a citizen of the United States. Therefore every person born within the United States, its territories or districts, whether the parents are citizens or aliens, is a natural born citizen in the sense of the Constitution, and entitled to all the rights and privileges appertaining to that capacity. …. Under our Constitution the question is settled by its express language, and when we are informed that … no person is eligible to the office of President unless he is a natural born citizen, the principle that the place of birth creates the relative quality is established as to us.[24]

      During an 1866 House debate James F. Wilson quoted Rawle’s opinion, and also referred to the “general law relating to subjects and citizens recognized by all nations” saying

      …and that must lead us to the conclusion that every person born in the United States is a natural-born citizen of such States, except it may be that children born on our soil to temporary sojourners or representatives of foreign Governments, are native-born citizens of the United States.

      Report Post »  
    • encinom
      Posted on June 12, 2012 at 10:37am

      Upon principle, therefore, I can entertain no doubt, but that by the law of the United States, every person born within the dominions and allegiance of the United States, whatever the situation of his parents, is a natural born citizen. It is surprising that there has been no judicial decision upon this question Lynch v. Clarke, NY Chanc.Ct., Nov. 5, 1844; 1 Sandf.Ch. 583, 3 NY Leg.Obs. 236, 1844 WL 4804

      US Supreme Court cited to the Lynch opinion in agreement in its Wong and Perkins decisions.

      Again, under US law there is no difference between the terms. It is so sad that you racist Birthers waste so much energy in being wrong.

      Report Post »  
    • wesaluteyou
      Posted on June 12, 2012 at 11:39am

      Encinom…Natural law is not religion but a set of rules inherent in human behavior and human reasoning that GOVERNS human conduct. Non-natural situations require membership to be by the permission of members, by human law, by decree. The typical unnatural situation is birth to a father who is not a member but merely a visitor. His off-spring is not a natural member because the principles of natural law and right of inheritance are not applicable. Therefore his off-spring requires permission to be a member even if that permission begins automatically at birth through the rights of the mother. (This was not always allowed, but became law in the 1920s when the citizenship of mothers was allowed to be passed to their children born of foreign fathers who were absent.)
      Barack Obama did not inherit membership from both his mother and his father but instead was born in the non-natural-situation category, and therefore was not a natural member. Rather, he was dependent on permission to be a member, even though that permission began at birth, (that permission was via the 14th Amendment through his link to his mother, but not through his father since he was merely a visitor). Such members are equal to all other members except in one regard. No one who is not a natural member, but is a member solely by permission or decree, is permitted to ever be Chief. No non-natural member is to ever wield the power and authority of the very top level of leadership.

      Report Post »  
    • wesaluteyou
      Posted on June 12, 2012 at 12:05pm

      Encinom, I quoted federal laws that native-born and natural-born are given separate consideration and privileges here today. You quoted case opinions that are older than dirt, it has no substance.

      And what’s all this racist bull, you throw that term around like a cheap pair of panties after a night at the titty bar. It has no effect, try something more intelligent.

      Report Post »  
    • encinom
      Posted on June 12, 2012 at 12:48pm

      @wesaluteyou
      You did not cite to law, you fool. You what you cited to does not govern. I did, I cited to at least one case that the US Supreme Court refers to.

      Natural Law, is not law, its a set of religious and moral legal theories. The courts are free to ignore natural law as it is not binding. The Common Law is binding, like the Lynch case that defines Natural and Native birth as being the same, or the Supreme Court cases that agree with that holding.

      Your logic is psuedo legal, there is nothing in the law that supports this twisted view of citizenship. It is clear that you are fishing for justifications for your racist opinions.

      Report Post »  
    • wesaluteyou
      Posted on June 12, 2012 at 1:43pm

      Racist opinions? Governing INS federal laws are hardly my opinion, not even the ones that separately delineate native-born and natural-born. Clearly your claiming the INS is also racist.

      Why don’t you call them up and tell them that?
      I believe your loony enough.

      Let us know how that works out.

      Report Post »  
    • encinom
      Posted on June 12, 2012 at 2:43pm

      Whats racist is your grasping at straws. the INS opinion is not binding law, the statutes and case decisions it is based on are, and this does not govern the situation at hand, its like using a book of myths and fairy tales as jusitifcation to deny American Citizens basic civil rights. The problem is your racist Birthers Cherry pick your information and remove context from the statements to reach the conclusions you want. There is nothing in the circular that supports your notions, if you actually understand what you are reading, including the actual laws and case opinions cited to. But alas, racist are dishonest and lazy.

      Report Post »  
    • Laken
      Posted on June 12, 2012 at 4:21pm

      http://giveusliberty1776.blogspot.com/2012/06/share-this-with-any-obots-you-know.html

      Report Post » Laken  
    • WEBWITHDEB
      Posted on June 12, 2012 at 4:39pm

      There is no case at hand because there has been no Supreme Court case decided whereby Presidential eligibility is “at hand”. There is no legal definition of the phrase “natural born” but there are plenty of references to those being born in this country to be termed “native born” (where one is born) and there are plenty of references to the notion that “natural born” (to whom one was born) has always has as its component the status of the parents. The couple of times the Supreme Court have used the term “natural born” were not definitive as to the meaning (i.e., were dictum and not germane to the holding), and as is evidenced by the many diverse opinions of people today, it would behoove our country to have a bona fide challenge with regard to presidential eligibility — as in right now with Obama’s eligibility in the UPCOMING election.

      Report Post »  
    • Laken
      Posted on June 12, 2012 at 5:54pm

      The Democrat Race Lie…

      http://www.black-and-right.com/the-democrat-race-lie/

      Report Post » Laken  
    • Laken
      Posted on June 12, 2012 at 6:27pm

      Florida Judge Sets June 18th Hearing. Judge Terry Lewis States “Natural Born Citizen” Definition Will Be Decided”

      http://obamareleaseyourrecords.blogspot.com/2012/05/attorney-larry-klayman-florida-judge.html

      Report Post » Laken  
    • Laken
      Posted on June 12, 2012 at 6:45pm

      30-Year Constitutional Scholar: Natural Born Citizen Is One Born To TWO CITIZEN Parents…

      http://obamareleaseyourrecords.blogspot.com/2012/04/30-year-constitutional-scholar-natural.html

      Report Post » Laken  
  • honkytonkman
    Posted on June 11, 2012 at 7:21pm

    Who could blame the Supreme Court for not wanting to get involved. If Obama is found not to be constitutionally qualified to be president, imagine the riots in the streets by his minions who have shown their pretentious appetite for violence and vandalism. Not to mention the crisis of undoing all the laws and executive orders he enacted.

    Report Post » honkytonkman  
    • jhrusky
      Posted on June 12, 2012 at 9:37am

      So … we should rule by the possibility of rioters in the streets?
      I don’t think the law cares about who might riot in the streets. If they don’t like the law, then they need to proceed to change that law. When we start ignoring law by fear of what might happen (as we did in the Rodney King trials), we are doomed.

      Report Post » jhrusky  
  • hallkbrdz
    Posted on June 11, 2012 at 7:21pm

    Geez! The people with scales on their eyes can’t see that his father is not American, and is thus not eligible to be POTUS. The whole head-in-the-sand lot has just taken it hook line and sinker. Who are they to question the media – or the 9th circus.

    Report Post » hallkbrdz  
  • Spqr1
    Posted on June 11, 2012 at 7:19pm

    BirtherFAIL AGAIN! Give up, go home, get a life!

    Report Post »  
  • kickagrandma
    Posted on June 11, 2012 at 7:16pm

    The Supremes have proven themselves to be supremely gutless, arrogant self-important jerks. Even the most courageous among them hid out. No guts; no glory, you black robed hypocrites.

    Where is the HOUSE?

    Where are the REAL AMERICANS? On our knees begging GOD for HIS MERCY and HIS FORGIVENESS.

    Report Post »  
  • Steelhead
    Posted on June 11, 2012 at 7:15pm

    is that pop corn I hear?

    Report Post » Steelhead  
    • Fubared
      Posted on June 11, 2012 at 7:46pm

      Corn hole most likely. Head. Hahahahaha. Head is back. Weeeeeeeeeeeeeeeee.

      Report Post »  
  • captaincameron
    Posted on June 11, 2012 at 7:15pm

    There are plenty of other reasons to impeach him; let’s let this one go.

    Report Post » captaincameron  
  • progressiveslayer
    Posted on June 11, 2012 at 7:14pm

    You see only congress can remove the Marxist heathen,and the fact that his father was a British subject and clearly makes Barry ineligible for the office of president because it violates the constitution.Both Barry’s parents need to be U.S citizens and his father wasn’t a U.S citizen.

    So it’s up to the candyasses in congress to uphold the constitution,don‘t hold your breath because those cowards wouldn’t dream of impeaching Barry.We‘ll just have to fire the Marxist POS in November and it’ll be a great day when he’s fired.

    Report Post » progressiveslayer  
    • Steelhead
      Posted on June 11, 2012 at 7:18pm

      you will be so disappointed come election time

      Report Post » Steelhead  
    • encinom
      Posted on June 11, 2012 at 7:25pm

      Iam sorry, but repeating the BS legal opinions of the racist, fringe WND doesn’t make it so. Citizenship is conferred at birth by the location of birth. Obama was born in the US, unlike John McCain. Are you going to argue that Mitt Romney should be disqualified since his father was born in Mexico?

      Report Post »  
    • progressiveslayer
      Posted on June 11, 2012 at 7:26pm

      I have three words for our bisexual president,bi bi Barry.

      Report Post » progressiveslayer  
    • progressiveslayer
      Posted on June 11, 2012 at 7:34pm

      ENCINOM Wrong answer,Barry isn‘t a natural born citizen so he’s a fraud and should be impeached but it won’t happen.He‘ll be fired come November and all the ows leeches can wail and riot all they want but it won’t change the fact that the Marxist POS will be fired.

      Report Post » progressiveslayer  
    • encinom
      Posted on June 11, 2012 at 9:46pm

      The only frauds are Glenn Beck and his racist, tea bagging Birther followers.

      Report Post »  
    • Chet Hempstead
      Posted on June 12, 2012 at 4:25pm

      encinom
      Glenn Beck may be a fraud, but even he has enough sense to reject the delusions of the birthers and natural born citizenship deniers.

      Report Post »  
    • Laken
      Posted on June 12, 2012 at 4:56pm

      Americans For Sheriff Joe…

      http://www.americansforsheriffjoe.com/index.php/

      Report Post » Laken  
    • Laken
      Posted on June 12, 2012 at 7:04pm

      WND?????

      Well…It Was The National Enquirer That Broke The John Edwards Scandal AND It Was The CONSERVATIVE Drudge Report That Broke The Clinton And Monica Scandal…..

      Report Post » Laken  
  • MLeo
    Posted on June 11, 2012 at 7:12pm

    Chickenshits.

    Keyes ran against Obama in Illinois. If that’s not standing, I don’t know what is.n’

    Who knew SCOTUS doesn’t give a rip about fealty to the US Constitution, duties, Minor v. Happersett, deciding the NBC issue once and for all, and the sovereign rule of US law by US citizens?

    Report Post »  
    • Chet Hempstead
      Posted on June 12, 2012 at 4:21pm

      It might have been if he had challenged Obama’s right to run for Senate, but he probably didn’t want to open that can of worms, because Alan Keyes had never lived in Illinois at the time he decided to run against Obama and he got his butt handed to him so bad that he probably wants people to forget that there ever was any such election.

      Report Post »  
  • goobert
    Posted on June 11, 2012 at 7:10pm

    I would go after Mitt Romney and Barack Obama for 2012 election on a more broad scale. Neither were born in the United States and what this article says is they think there is a bias.

    You need to go after the truth if this was 2008 is would be better to go after John McCain and Barack Obama as the same time because John McCain was born outside of the US canal territory in Panama.

    Report Post » goobert  
    • RJJinGadsden
      Posted on June 11, 2012 at 8:40pm

      GOOBERT, Suggest that you do a little research regarding Mitt. He was born in Michigan. His father was born as an American citizen in Mexico.

      Report Post » RJJinGadsden  
  • possom
    Posted on June 11, 2012 at 7:07pm

    Look‘s like they didn’t read barry’s autobiography.

    Report Post » possom  
    • Fubared
      Posted on June 11, 2012 at 7:25pm

      3 people did and we should let them weigh in. Troll boy and Joe? Hello?

      Report Post »  
    • El Paso Girl
      Posted on June 11, 2012 at 9:58pm

      Right Birth name Barry Not Barack Supreme Court What is going on with you???????????

      Report Post »  
  • TROLLMONGER
    Posted on June 11, 2012 at 7:03pm

    Geez! The paranoid nut jobs on the right wont let this go. And I thought the 9-11 truthers were tapped in the head. The fear mongering Beckbots take the cake.

    Report Post » TROLLMONGER  
    • barber2
      Posted on June 11, 2012 at 7:11pm

      Yes. I’m sure if there were any truth to these charges , the Obama people would have it “ leaked” all over the front page of the New York Times …oh, wait….never mind….

      Report Post »  
    • junior1971
      Posted on June 11, 2012 at 7:15pm

      Back out from under the bridge are ya, troll?

      Report Post » junior1971  
    • Obamammy
      Posted on June 11, 2012 at 7:15pm

      Kinda like how your limp-wristed child molesting gay brethren kept beating the drum about W’s National Guard papers… you know, Dan Rather covered that one as “fake but accurate”.

      Report Post » Obamammy  
    • qpwillie
      Posted on June 11, 2012 at 7:17pm

      The Hillary Clinton campaign was the first one to bring up the issue of 0bama’s eligibility. Were they a bunch of “paranoid nut jobs on the right”?

      Report Post » qpwillie  
    • pitboss711
      Posted on June 11, 2012 at 7:24pm

      Why should they let it go when absolutely NO rock-solid proof has been offered to date? A “Live Certificate of Birth” is NOT a legal birth certificate…especially when it was thrown together with PhotoShop. Obama couldn‘t get a driver’s license at the DMV with that. Hawaii sends an affidavit saying the real birth certificate is there. So, if it’s there then show it to us. BTW, your side is losing!! Aaaahahahahahahaha

      Report Post » pitboss711  
    • Spqr1
      Posted on June 11, 2012 at 7:24pm

      Obamammy: let alone the sickeningly bigoted handle, We’re still waiting for some one to say they actually saw W on duty in Alabama. There still is an $10,000 unclaimed reward.

      Report Post »  
    • The-Monk
      Posted on June 11, 2012 at 7:29pm

      Just to clarify; Glenn Beck says he believes the BC is real and refuses to discuss the matter. Most of us “Beckbots” don‘t worry about it because Congress isn’t going to do anything about also.

      We are more concerned with getting him out of office via the election and how to repair the damages done.

      Report Post » The-Monk  
    • rawmilker
      Posted on June 11, 2012 at 7:51pm

      Thats Ok, someone will get to the bottom of it once he is out of office at the end of the year, he is damaged goods anyway. Romney is going to be the 45th POTUS….Sorry trolls, thats just the way its going to be. Union Buster Mitch Daniels will be the VP….

      Report Post » rawmilker  
    • qpwillie
      Posted on June 11, 2012 at 7:57pm

      @Spqr1
      “W” would be eligible to be president if had never been to Alabama.

      Report Post » qpwillie  
    • Laken
      Posted on June 12, 2012 at 5:04pm

      WHO Is Barack Obama??????????????????????????????

      http://theulstermanreport.com/2012/05/20/who-is-barack-obama-image/

      Report Post » Laken  
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