Tag Archives: 2008

Obama not natural born citizen, Obama ineligible, Chief Justice Roberts, US Supreme Court must review, December 8, 2008, Obama’s father British, Act of Congress, British Nationality Act of 1948, US Constitution, When the President of the United States is tried, the Chief Justice shall preside

From time to time I publish a comment placed on this blog. This comment is substantive and well presented
by commenter Bob.

“Comments on FactCheck.org: “Clarifies Barack Obama’s Citizenship”

They should have said: “Barack Obama: Born a ‘Brit.’”

———————————–

Barack Obama’s Citizenship? This is the syllogism:

A. If your citizenship is governed by an Act of Congress to establish a Uniform Rule of Naturalization, then you are disqualified for the office of president and vice president of the United States.

B. Barack Obama’s citizenship is governed by the Secretary of State’s codified regulation: 7 FAM 1111.4 “Dual or Multiple Nationality.”

Why?

Barack Obama’s Hawaiian birth certificate posted by The Obama Campaign on the InterNet discloses it, and FactCheck.org confirms that on the DAY Barack Obama WAS BORN, his father, Barack Obama, Senior, was a British subject (his Kenyan citizenship is irrelevant).

They wrote: ‘When Barack Obama Jr. was born on Aug. 4,1961, in Honolulu, Kenya was a British colony, still part of the United Kingdom’s dwindling empire. As a Kenyan native, Barack Obama Sr. was a British subject whose citizenship status was governed by The British Nationality Act of 1948. That same act governed the status of Obama Sr.‘s children …’

Please read that last line again: “That same act governed the status of Obama Sr.‘s children …”

C. Therefore, Barack Obama is disqualified from the office of president.

Barack Obama graduated from Harvard Law School magnum cum laude, and was also a lecturer at the prestigious University of Chicago Law School: So, he knows this.

———————————–

This issue is no more complicated than this simple line of reasoning: Everything else is no more than “smoke and mirrors.”

———————————–

British Nationality Act of 1948 (Part II, Section 5): “Subject to the provisions of this section, a person born after the commencement of this Act shall be a citizen of the United Kingdom and Colonies by descent if his father is a citizen of the United Kingdom and Colonies at the time of the birth.”

———————————–

Since the First Wednesday of March 1789 (March 4), the Constitution, the Laws of the United States, and all Treaties made under the Authority of the United States, have been the supreme Law of the Land.

This is what President George Washington said on that day:

“Fellow Citizens:

“I am again called upon by the voice of my country to execute the functions of its Chief Magistrate. When the occasion proper for it shall arrive, I shall endeavor to express the high sense I entertain of this distinguished honor, and of the confidence which has been reposed in me by the people of united America.

“Previous to the execution of any official act of the President the Constitution requires an oath of office. This oath I am now about to take, and in your presence: That if it shall be found during my administration of the Government I have in any instance violated willingly or knowingly the injunctions thereof, I may (besides incurring constitutional punishment) be subject to the upbraidings of all who are now witnesses of the present solemn ceremony.”

———————————–

Justice Rehnquist (later Chief Justice) noted that in the Constitution, “a political document noted for its brevity,” that there are 11 instances addressing the “citizen-alien” distinction: Art. 1, S 2, C 2; S 3, C , S 8, C 4; Art. 2, S 1, C 5, Art. 3, S 2, C 1; Art. 4, S 2, C 1, and in the 11th, 15th, 19th, 24th and 26th Amendments.

———————————–

So why would the law of any foreign State such as the British Nationality Act of 1948 have any effect in any State under the jurisdiction of the United States?

Did the President made a Treaty with Great Britain surrendering sovereignty to a foreign State to secure some right? The answer is, “No!”

Did Congress act to establish an Uniform Rule of Naturalization? The answer is, “Yes!”

———————————–

Congress passed the McCarran-Walter Act called “The Immigration and Nationality Act of 1952.” The Immigration and Nationality Act of 1952 (before Obama was born), as amended through 1994 (before Obama ran for office), is our current law.

http://en.wikipedia.org/wiki/Immigration_and_Nationality_Act_of_1952

President Truman actually vetoed the bill, and argued for more liberalized provisions that would effectively end the restrictive quota system: “In no other realm of our national life are we so hampered and stultified by the dead hand of the past, as we are in this field of immigration.” But Congress overrode his veto, and the 1952 Act was implemented.

Why the McCarran-Walter Act? It was the product of the most extensive Congressional study in the nation’s history of the subject of Immigration and Nationality. The Act codified and brought together for the first time all the nation’s laws and all the court’s decisions on immigration and naturalization. Although it has since been extensively amended through 1994, it remains the basis of all immigration and nationality law today.

The McCarran-Walter Act, and all subsequent legislation, address the issues raised by the laws of other nations and their effect upon the laws of the United States.

Congress decided that the Secretary of State and the Attorney General were authorized, in their discretion and on a basis of reciprocity, to severally prescribe regulations implementing the Immigration and Nationality Act.

The Secretary of State codified regulations in the 7 Foreign Affairs Manual (Consular Affairs) to advise U.S. nationals about citizenship: 7 FAM 1100 deals with the Acquisition and Retension of U.S. Citizenship and Nationality; 7 FAM 1110 deals with Acquisition of U.S. Citizenship by Birth in the United States, including specifically “Dual or Multiple Nationality” (7 FAM 1111.4).

http://www.state.gov/documents/organization/86755.pdf

The Attorney General codified regulations for children through the Department of Justice, Immigration and Naturalization Service, under Section 101 of the Immigration and Nationality Act. However, the INS is now part of the Department of Homeland Security, U. S. Citizenship and Immigration Services [and so these regulations are now found at (8 CFR), Immigration and Naturalization].

http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=7b2ad4e82f00315ac8e70cab6366e0da

Both sets of codified regulations govern all decisions made by all departments of the Federal government, including the Department of the Treasury, Internal Revenue Service, Department of Health and Human Services, as well as the Department of Education.

———————————–

As noted above, the Constitution gives Congress authority to establish an uniform Rule of Naturalization.

The Code of Federal Regulations is huge, but it can all be summarized with this sentence: Naturalized citizens legally are equal in almost all respects to persons who have been Americans from birth.

The only constitutional disqualification of naturalized citizens is for the offices of president and vice president of the United States.

Why? Because the Constitution says this: “No Person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President; neither shall any Person be eligible to that Office who shall not have attained to the Age of thirty five Years, and been fourteen Years a Resident within the United States.”

The words “no person except” also means “no exceptions.”

———————————–

No person constitutionally ineligible to the office of President can take the following Oath or Affirmation:–”I do solemnly swear (or affirm) that I will faithfully execute the Office of President of the United States, and will to the best of my Ability, preserve, protect and defend the Constitution of the United States.”

Why? Because, since 1974 the Committee on the Judiciary has considered a violation of the constitutional oath to be a high crime and misdemeanor, warranting impeachment, trial and removal from office.

Why? Because the Constitution states that the President of the United States shall take care are that the laws be faithfully executed.

———————————–

Why must the Supreme Court review this matter?

Because, “The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority.”

And specifically cases that involve: “foreign States, Citizens, and Subjects:” Barack Obama, Senior, was a British Subject.

Why must the Chief Justice have a special role in this matter?

Because, “When the President of the United States is tried, the Chief Justice shall preside.”

Comments on FactCheck.org: “Clarifies Barack Obama’s Citizenship”

They should have said: “Barack Obama: Born a ‘Brit.'”

———————————–

Barack Obama’s Citizenship? This is the syllogism:

A. If your citizenship is governed by an Act of Congress to establish a Uniform Rule of Naturalization, then you are disqualified for the office of president and vice president of the United States.

B. Barack Obama’s citizenship is governed by the Secretary of State’s codified regulation: 7 FAM 1111.4 “Dual or Multiple Nationality.”

Why?

Barack Obama’s Hawaiian birth certificate posted by The Obama Campaign on the InterNet discloses it, and FactCheck.org confirms that on the DAY Barack Obama WAS BORN, his father, Barack Obama, Senior, was a British subject (his Kenyan citizenship is irrelevant).

They wrote: ‘When Barack Obama Jr. was born on Aug. 4,1961, in Honolulu, Kenya was a British colony, still part of the United Kingdom’s dwindling empire. As a Kenyan native, Barack Obama Sr. was a British subject whose citizenship status was governed by The British Nationality Act of 1948. That same act governed the status of Obama Sr.‘s children …’

Please read that last line again: “That same act governed the status of Obama Sr.‘s children …”

C. Therefore, Barack Obama is disqualified from the office of president.

Barack Obama graduated from Harvard Law School magnum cum laude, and was also a lecturer at the prestigious University of Chicago Law School: So, he knows this.

———————————–

This issue is no more complicated than this simple line of reasoning: Everything else is no more than “smoke and mirrors.”

———————————–

British Nationality Act of 1948 (Part II, Section 5): “Subject to the provisions of this section, a person born after the commencement of this Act shall be a citizen of the United Kingdom and Colonies by descent if his father is a citizen of the United Kingdom and Colonies at the time of the birth.”

———————————–

Since the First Wednesday of March 1789 (March 4), the Constitution, the Laws of the United States, and all Treaties made under the Authority of the United States, have been the supreme Law of the Land.

This is what President George Washington said on that day:

“Fellow Citizens:

“I am again called upon by the voice of my country to execute the functions of its Chief Magistrate. When the occasion proper for it shall arrive, I shall endeavor to express the high sense I entertain of this distinguished honor, and of the confidence which has been reposed in me by the people of united America.

“Previous to the execution of any official act of the President the Constitution requires an oath of office. This oath I am now about to take, and in your presence: That if it shall be found during my administration of the Government I have in any instance violated willingly or knowingly the injunctions thereof, I may (besides incurring constitutional punishment) be subject to the upbraidings of all who are now witnesses of the present solemn ceremony.”

———————————–

Justice Rehnquist (later Chief Justice) noted that in the Constitution, “a political document noted for its brevity,” that there are 11 instances addressing the “citizen-alien” distinction: Art. 1, S 2, C 2; S 3, C , S 8, C 4; Art. 2, S 1, C 5, Art. 3, S 2, C 1; Art. 4, S 2, C 1, and in the 11th, 15th, 19th, 24th and 26th Amendments.

———————————–

So why would the law of any foreign State such as the British Nationality Act of 1948 have any effect in any State under the jurisdiction of the United States?

Did the President made a Treaty with Great Britain surrendering sovereignty to a foreign State to secure some right? The answer is, “No!”

Did Congress act to establish an Uniform Rule of Naturalization? The answer is, “Yes!”

———————————–

Congress passed the McCarran-Walter Act called “The Immigration and Nationality Act of 1952.” The Immigration and Nationality Act of 1952 (before Obama was born), as amended through 1994 (before Obama ran for office), is our current law.

http://en.wikipedia.org/wiki/Immigration_and_Nationality_Act_of_1952

President Truman actually vetoed the bill, and argued for more liberalized provisions that would effectively end the restrictive quota system: “In no other realm of our national life are we so hampered and stultified by the dead hand of the past, as we are in this field of immigration.” But Congress overrode his veto, and the 1952 Act was implemented.

Why the McCarran-Walter Act? It was the product of the most extensive Congressional study in the nation’s history of the subject of Immigration and Nationality. The Act codified and brought together for the first time all the nation’s laws and all the court’s decisions on immigration and naturalization. Although it has since been extensively amended through 1994, it remains the basis of all immigration and nationality law today.

The McCarran-Walter Act, and all subsequent legislation, address the issues raised by the laws of other nations and their effect upon the laws of the United States.

Congress decided that the Secretary of State and the Attorney General were authorized, in their discretion and on a basis of reciprocity, to severally prescribe regulations implementing the Immigration and Nationality Act.

The Secretary of State codified regulations in the 7 Foreign Affairs Manual (Consular Affairs) to advise U.S. nationals about citizenship: 7 FAM 1100 deals with the Acquisition and Retension of U.S. Citizenship and Nationality; 7 FAM 1110 deals with Acquisition of U.S. Citizenship by Birth in the United States, including specifically “Dual or Multiple Nationality” (7 FAM 1111.4).

http://www.state.gov/documents/organization/86755.pdf

The Attorney General codified regulations for children through the Department of Justice, Immigration and Naturalization Service, under Section 101 of the Immigration and Nationality Act. However, the INS is now part of the Department of Homeland Security, U. S. Citizenship and Immigration Services [and so these regulations are now found at (8 CFR), Immigration and Naturalization].

http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=7b2ad4e82f00315ac8e70cab6366e0da

Both sets of codified regulations govern all decisions made by all departments of the Federal government, including the Department of the Treasury, Internal Revenue Service, Department of Health and Human Services, as well as the Department of Education.

———————————–

As noted above, the Constitution gives Congress authority to establish an uniform Rule of Naturalization.

The Code of Federal Regulations is huge, but it can all be summarized with this sentence: Naturalized citizens legally are equal in almost all respects to persons who have been Americans from birth.

The only constitutional disqualification of naturalized citizens is for the offices of president and vice president of the United States.

Why? Because the Constitution says this: “No Person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President; neither shall any Person be eligible to that Office who shall not have attained to the Age of thirty five Years, and been fourteen Years a Resident within the United States.”

The words “no person except” also means “no exceptions.”

———————————–

No person constitutionally ineligible to the office of President can  take the following Oath or Affirmation:–“I do solemnly swear (or affirm) that I will faithfully execute the Office of President of the United States, and will to the best of my Ability, preserve, protect and defend the Constitution of the United States.”

Why? Because, since 1974 the Committee on the Judiciary has considered a violation of the constitutional oath to be a high crime and misdemeanor, warranting impeachment, trial and removal from office.

Why? Because the Constitution states that the President of the United States shall take care are that the laws be faithfully executed.

———————————–

Why must the Supreme Court review this matter?

Because, “The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority.”

And specifically cases that involve: “foreign States, Citizens, and Subjects:” Barack Obama, Senior, was a British Subject.

Why must the Chief Justice have a special role in this matter?

Because, “When the President of the United States is tried, the Chief Justice shall preside.””

Leo Donofrio US Supreme Court update, December 5, 2008, Docket Confusion, Donofrio on docket entries, Dr. Taitz, Jusctices decision 10:00 AM Monday, December 8, 2008, Radio interviews today

First of all, I was notified that Dr. Taitz confirmed that the Supreme Court Justices weren’t making a decision until 10am Monday.

Leo Donofrio has provided an update on the Supreme Court Docket, campaigns by other people and radio interviews
today, Friday, December 5, 2008.

“I must admit that past comments of mine regarding the docket entries of Nov. 19, one for the Justice Thomas referral and one for the distribution for conference, might not signify any affirmative action.   I cannot get a straight answer from the Supreme Court despite many attempts.  Different press sources have also received various explanations as well.

I’ve examined other dockets for applications and I cannot say with any degree of certainty what the docket entries mean.   I have requested an explanation from the Clerk numerous times and guidance from the Public Information Office.  The PIO did try to help, moreso than the Clerk’s office, but I am more confused than ever.

Muddying the waters is the  Reporter’s Guide to Applications Pending Before the United States Supreme Court, specifically page 3.

I am removing from my blog, all references which indicate any knowledge of what the docket entries mean.  And let me go on the record to apologize if it turns out that my analysis of the docket was erroneous.   I did the best I could with the information I had.

I was told by the stay clerk on Nov. 6 that Justice Thomas would deny a renewed application.  But, if what the Reporter’s Guide says is true – that it’s current standard practice for the renewed application to be referred to the full court – then the stay clerk, whose job it is to handle applications, had no business telling me Justice Thomas would deny the renewed application.

And he didn’t deny it.  (Donofrio resists temptation to stick out his tongue and say, “Nah na nah na na”… barely.)

The communication and tactics taken by the Supreme Court Clerk’s office have been abysmal.   I have absolutely no respect for that office.

Regardless, I take full responsibility for the confusion and must go on record now as saying I have no idea what the docket entries mean, or if they mean anything at all.
I have not been given any information on the disposition of the application at the conference today.   SCOTUS did issue a miscellaneous order granting certiorari in two cases today.

The rest of their orders for today should come out on Monday.  If I had to read into this, I would say it doesn’t look good, but it’s just a guess.  The Public Information Office said they have no information other than what the Court published today.   The full order list will be out on Monday.

I wish I could give better guidance, but I can’t.

WORLD NET DAILY LETTER CAMPAIGN

I also want people to know that I appreciate all the letters sent, but I never supported a form letter.   I was adamant about that and I was hoping people would formulate their own thoughts and not sign a kind of petition.   People need to think and express themselves form their own personal heart and mind.

As I reported below, the letter didn’t address the issues of my case, and the solicitation for participation in the campaign did unfortunately mix up the birth certificate issue, something I’ve really tried to avoid.  I believe Barack Obama was born in Hawaii and that the only people with standing to certify that info are the various Secretaries of State.
But I do appreciate so much that people laid out money to support the Constitutional issues raised.   And I know it was important for folks to be heard before the conference today.  I just don’t like the concept of bulk e mails.  It’s not like the Justices will read them over and over.  Think about it.

I’m not into herding.  I’m into individual expression.  And I refuse to tell people what to say.  I’ve been consistent about that.

The World Net Daily letter campaign had nothing to do with me and I did not endorse it.  But I do appreciate the effort everybody made, including WND.   It’s just not my style and never will be.

Also, I will not be involved with any press conferences on Monday, Dec 8.  If you see my name associated with that anything like that, please know it is not with my permission.  If you don’t read about something involving me on this blog, assume my name is being used without my permission.

RADIO INTERVIEWS FOR DEC. 5, 2008.

At 7:30 PM EST, I will be on The Laurie Roth Show.

At 9:00 PM EST, I will be on The Lion’s Den, Plains Radio Network.

At 1:00 AM EST, I will be on Coast To Coast with George Noory.  Their web site hasn’t been updated yet, but I haven’t emailed the release form back yet, so give it an hour or so.

That’s the last radio I’m doing unless certiorari is granted.  I have refused all requests for TV interviews and will continue to do so regardless of the outcome.  Radio is a much more powerful form of communication.”

Read more here:

http://naturalborncitizen.wordpress.com/

Donofrio versus Wells, US Supreme Court Response, Leo Donofrio lawsuit appeal, December 5, 2008, Supreme Court Justices decision, Connecticut, NJ Secretary of State, Obama not eligible, Obama not natural born citizen

** Update  Below **

On October 27, 2008, plaintiff-appellant, Leo Donofrio, a retired attorney acting Pro Se, sued Nina Mitchell Wells, Secretary of State of the State of New Jersey, in the Superior Court of New Jersey, Appellate Division, demanding the Secretary execute her statutory and Constitutional duties to police the security of ballots in New Jersey from fraudulent candidates ineligible to hold the office of President of the United States due to their not being “natural born citizens” as enumerated in Article 1, Section 2, of the US Constitution. 

Leo Donofrio has an appeal in the US Supreme Court of his lawsuit against Connecticut Secretary of State
Nina Wells.

Today, Friday, December 5, 2008, there is no official word whether the nine justices of the US Supreme Court have decided on the case. Here is an update from Jeff Schreiber:

“UPDATE, 5:45pm:Several people are saying that, because Donofrio’s case was not among the release showing two cases for which certiorari were granted, his stay-as-petition-for-cert was denied. Even the law blog at The Wall Street Journal is reporting as such. While I cannot say whether or not it was denied, as much as I think it probably was, nothing I have seen so far–including the order list distributed today–suggests 100 percent that it was either granted or denied.

 

Perhaps I’m missing something, but I cannot find anything that conclusively points toward denial. I’m guessing that, absent evidence to the contrary, people are simply taking sides according to the odds.

Absent another miscellaneous order showing that the Justices granted Donofrio’s petition, not likely to come at this hour, we’ll just have to wait until Monday or Tuesday for the full list of orders.

Monday, remember, is the press conference at the National Press Club. I may try to go, should I be able to shuffle some work around and decide to petition the Court for a stay with regard to studying for exams. We’ll see.

Furthermore, I just saw Wolf Blitzer on CNN do a three- or four-minute segment on Donofrio’s case. Of course, it was painted as you would expect it to be but, at this point, any focus on the constitutional aspects of this issue is good. The only thing, however, is that I wish that the underlying motivation behind these legal actions would not necessarily be depicted as so much anti-Obama as pro-Constitution.”

Read more from Jeff Schreiber here:

http://www.americasright.com/

 

US Supreme Court Docket record this morning:

No. 08A407  
Title:
Leo C. Donofrio, Applicant
v.
Nina Mitchell Wells, New Jersey Secretary of State
Docketed:  
Lower Ct: Supreme Court of New Jersey
  Case Nos.: (AM-0153-08T2 at the New Jersey Appellate Division without a docket number)
~~~Date~~~  ~~~~~~~Proceedings  and  Orders~~~~~~~~~~~~~~~~~~~~~
Nov 3 2008 Application (08A407) for stay pending the filing and disposition of a petition for a writ of certiorari, submitted to Justice Souter.
Nov 6 2008 Application (08A407) denied by Justice Souter.
Nov 14 2008 Application (08A407) refiled and submitted to Justice Thomas.
Nov 19 2008 DISTRIBUTED for Conference of December 5, 2008.
Nov 19 2008 Application (08A407) referred to the Court by Justice Thomas.
Nov 26 2008 Supplemental brief of applicant Leo C. Donofrio filed. (Distributed)
Dec 1 2008 Letter from applicant dated November 22, 2008, received.
 

 

 

 

 

 


~~Name~~~~~~~~~~~~~~~~~~~~~    ~~~~~~~Address~~~~~~~~~~~~~~~~~~   ~~Phone~~~
Attorneys for Petitioner:    
Leo C. Donofrio P.O. Box 93  
  East Brunswick, NJ  08816  
Party name: Leo C. Donofrio

 

** Update **

I have just been notified that Dr. Taitz confirmed that the Supremes weren’t making a decision until 10am Monday.

Christopher Strunk lawsuit, US Supreme Court, Writ of Mandamus, NY Electoral College, Restrain, Associate Justice Ginsburg, DC District Court, State Constitutional issues, SCOTUS Rule 22, December 4, 2008

Christopher Strunk, on December 4, 2008, placed his NY lawsuit before the US Supreme Court. Strunk’s Writ of Mandamus attempts to restrain the NY Electoral College from voting on December 15, 2008.

“Christopher Strunk, being pro se in two cases (one in DC District Court and another appealing to the Supreme Court), served the Supreme Court with an application for Writ of Mandamus to Associate Justice Ginsburg yesterday and served the DC District Court with a Writ as well.

The following is an excerpt from an email I received along with associated PDF documents.

I am currently tracking eligibility lawsuits via my Current Lawsuit Listing page.
State Justice ruled on the State Consitutional issues today in the Article 78; however, left the Federal dual office holder issue unreasolved and will be part of my appeal in 2nd Circuit in 08-cv-4289.
 
Yesterday I took a bus to DC and filed the SCOTUS Applcation under Rule 22 for a Writ of Mandamus to restrain the NY Electoral Collgee and for relief in the matter of 2nd circuit review of my substantive due process request for a three judge panel instead of signle political science oriented Judge (Katzmann).
 
In addition I went into DCDC to find out if they have moved mu complaint there which although they have had it since 112608, but done nothing- I served them with a copy of the DC Circuit apopllication for a writ of mandamus kicking the DCDC ass on the poor person matter.
 
Anyway they work is in the hopper and the SCOTUS matter as per the letters of transmittal below at least Justice Thomas should have something from New York for the Conference tomorrow for the other aopplications from NJ, CT and suppose PA and CA.”

Read more here:

http://www.therightsideoflife.com/?p=1588

I would like to thank The Right Side Of Life website for the heads up on this filing.

Natural Born Citizen, Obama not eligible, Leo Donofrio, US Presidents, Precedents, Chester Arthur, James Buchanan, Andrew Johnson, Woodrow Wilson, Herbert Hoover, Chester Arthur’s lies, US Constitution, Grandfather clause, December 5, 2008

Leo Donofrio has provided an excellent article on the Natural Born Citizen rule from the US Constitution,
the grandfather clause and precedents involving US Presidents. Donofrio examines James Buchanan, Andrew Johnson, Woodrow Wilson, Herbert Hoover and Chester Arthur.

“This essay will discuss the eligibility of every President who had parents born abroad.   As long as the parents had the future President on US soil after they became citizens, then that person is a natural born citizen.
Every President born before the adoption of the Constitution was eligible because of the grandfather clause of Article 2, Section 1 :

No person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President;

JAMES BUCHANAN

The first President we must examine then was James Buchanan, 14th President of the United States.   He was born on April 23, 1791 in Mercersburg, Pennsylvania.  He just missed  out on the grandfather clause as the Constitution was adopted on September 17, 1787, by the Constitutional Convention in Philadelphia.   Buchanan was also the only President from Pennsylvania and the only President never to marry.

Both his parents, James Buchanan and Elizabeth Speer, emigrated to the United States from Ireland in 1783.  It was an interesting year for the United States as the Treaty of 1783 was signed between the US and Great Britain.  Colonists chose to be United States citizens and by virtue of the Treaty, Great Britain recognized those former subjects as United States citizens.

Before the Constitution, United States citizenship was conferred on citizens by the States.   When the Constitution was ratified, each citizen of a state became a citizen of the United States.  No formal naturalization was needed.

On June 21, 1788 the Constitution was ratified.  The Buchanans were citizens of Pennsylvania and therefore citizens of the United States.   When their son James was born in Pennsylvania he was therefore a natural born citizen, born on United States soil to two US citizen parents.”

Read more here:

http://naturalborncitizen.wordpress.com/

MSNBC, Count Down, December 4, 2008, Jonathan Turley, Constitutional law Professor, Leo Donofrio versus Connecticut Secretary of State, Turley is wrong, Donofrio contacted Turley, Obama not natural born citizen, Obama not eligible

** Update below **

Jonathan Turley, a Constitutional law Professor, is scheduled to appear on MSNBC tonight, Thursday,
December 4, 2008 on Count Down. According to Leo Donofrio, Jonathan Turley is wrong about his lawsuit,
Donofrio versus Connecticut Secretary of State, that is currently before the US Supreme Court
“JONATHAN TURLEY, CON LAW EXPERT GETS IT WRONG
Posted in Uncategorized on December 4, 2008 by naturalborncitizen
Constitutional law Professor Jonathan Turley will appear on MSNBC’s count down tonight and according to his blog he’ll be discussing this case.  Unfortunately he got it all wrong.  Here is the comment I left at his blog. It is awaiting moderation, but other comments have been cleared since I left mine:

naturalborncitizen 1, December 4, 2008 at 4:53 pm

Mr. Turley,

My name is Leo Donofrio and my application before the Supreme Court says, within the body of the pleading, that I believe Mr. Obama is a Citizen of the United States – born in Hawaii. Your report above is not accurate.

My law suit challenges his status as a “natural born citizen” based upon the fact that his Father was a British citizen/subject.  Mr. Obama admits, at his own web site, that he was a British citizen/subject at birth.  He was also a US citizen “at birth”. He does not have dual nationality now, but the Constitution is concerned with the candidate’s status “at birth”, hence the word “born” in the requirement.

You have completely mis-stated my lawsuit. I have repeatedly said, over and again, that I believe Obama was born in Hawaii. I have criticized everyone who has said Mr. Obama is not a citizen. I believe he is a “native born citizen”, but not a “natural born citizen”.

The law suit is based upon what distinction the framers drew between the requirement for a Senator and Representative, which only requires “Citizen” status as opposed to the requirements for President, which requires “natural born Citizen” status. As you are aware, this is an issue of first impression for SCOTUS.

Please do not go on national TV and mis-lead the viewers. For a more in depth discussion, please see my response to today’s ABC News faulty report at:

http://naturalborncitizen.wordpress.com

Leo C. Donofrio, Esq.”

Read more here:

http://naturalborncitizen.wordpress.com/

** Update 8:12 PM **

I just watched the segment. Apparently Jonathan Turley got the message about Donofrio’s argument.

Here are some quotes from Olbermann and Turley:

Olbermann

  • “Crackpot lawsuit”
  • “Dumbest lawsuit ever”
  • “Yes, this crap again”
  • “Bogus claim of citizenship”

Turley

  • “Odds heavily against”
  • “Argument not going to appeal to justices”

I never watch MSNBC for obvious reasons. They were in bed with Obama during the election campaign.

Keith Olbermann please respond and clarify some things for us:

  • Are you on the payroll of the Obama camp?
  • Do you care about the truth?
  • Would you recognize the truth if it bit you on the ass.
  • Do you care about this country?
  • Do you ever do any real research?

I really would like an answer. Provide one and I will publish it.

wethepeoplefoundation.org, We The People Foundation, Press Conference, December 8, 2008, National Press Club, Washington DC, Robert Schulz, Philip Berg, Leo Donofrio, Orly Taitz, Obama not eligible lawsuits, US Supreme Court answer, Chicago Tribune letter to Obama

The We The People Foundation will hold a Press Conference on Monday, December 8, 2008 at the National Press Club in Washington DC. Robert Schulz of the We The People Foundation will discuss the letter to Obama published in the Chicago Tribune and then the plaintiffs in the major lawsuits before the US Supreme Court will speak.

The following is from a Wall Street Journal, Market Watch article dated December 4, 2008:

“On Monday, December 8, 2008, at 1:30 pm, the We The People Foundation will conduct a press conference at the National Press Club in Washington D.C.

The licensed attorneys who initiated lawsuits in PA (Philip Berg), NJ (Leo Donofrio) and CA (Orly Taitz), challenging Mr. Obama’s legal eligibility to hold the Office of President of the United States, will briefly summarize the facts, legal arguments and status of their cases. They will answer questions from the press.

Prior to the start of the conference, at 10 am, the Supreme Court of the United States is expected to announce whether it will consider applications from these attorneys who have asked the Court to delay the proceedings of the Electoral College pending a determination of the underlying constitutional question – the meaning of the “natural born citizen” clause of Article II of the Constitution and its application to Mr. Obama.”

Read more here:

http://www.marketwatch.com/news/story/Mr-Obamas-Eligibility-Aired-Monday/story.aspx?guid=%7B35E191D7-D7BD-4722-BAF1-E6C0CBC18EA3%7D

The following is from the We The People Foundation site:

“Our full-page Open Letter to Mr. Obama will be published in the Chicago Tribune on both Monday, December 1, 2008 and Wednesday, December 3, 2008. It will appear in the main news section. Click here to view a copy of the final ad.

Chicago is Mr. Obama’s hometown. His transition team is operating out of the Kluczynski Federal Building in downtown Chicago. He is known to be a regular reader of the Tribune, Chicago’s principal newspaper, with a daily circulation of over a half-million readers. 

The Open Letter to Mr. Obama is a formal Petition for a Redress (Remedy) for the alleged violation of the “natural born citizen” clause of the Constitution of the United States of America.
Mr. Obama is respectfully requested to direct the Hawaiian officials to provide access to his original birth certificate on December 5-7 by our team of forensic scientists, and to provide additional documentary evidence establishing his citizenship status prior to our Washington, D.C. press conference on December 8. 

A First Amendment Petition to any official of the Government for Redress of a violation of the Constitution is substantially different from the garden-variety political petitions frequently received by government officials. This Petition demands it be given the highest priority for an expedited review and official Response by Mr. Obama. 

As a formal “Notice of a Constitutional Violation,” the Petition naturally includes the People’s inherent Right to an official Response. As a time-sensitive, election related Petition involving the Office of the President, failure to Respond as requested would constitute an egregious breach of the public trust and confirm the certainty of a Constitutional crisis.

For the D.C. press conference the WTP Foundation has reserved the Edward R. Murrow Room at the National Press Club from 1-4 pm on Monday, December 8, 2008. We are hopeful that C-SPAN may cover what could be a pivotal, historic event.”

Read more here:

http://www.wethepeoplefoundation.org/UPDATE/Update2008-11-28.htm

I spoke to Robert Schulz several weeks ago and he stated that it was only after Obama began avoiding requests for proof of his eligibility and using legal wrangling to escape confrontation that he began to believe there was a serious problem with Barack Obama.

Orly Taitz, CA lawsuits, US Supreme Court, Help Dr. Taitz, Fax letters to CA Supreme Court, December 4, 2008, Fax Ronald M. George, Chief Judge of CA Supreme Court, Keyes lawsuit, Lightfoot lawsuit

Dr. Orly Taitz has two CA lawsuits and is trying to get them before the US Supreme Court.
She is requesting that as many people as possible fax Ronald M. George, the Chief Judge of CA
Supreme Court and ask for his urgent response.

Here is her email request:

“please go on my blog  drorly.blogspot.com There fax number for the chief judge of Ca Supreme court Ronald M. George. People need to ask him to respond urgently NJ chief judge gave Donofrio an answer within 4 hours I can be in the Supreme court of the US tomorrow morning.
Please ask everybody in your church and organizations to fax letters of support and ask for response today

Orly Taitz DDS Esq

26302 La Paz ste 211
Mission Viejo Ca 92691

29839 S. Margarita Pkwy
Rancho Santa Margarita Ca 92688

ph. w 949-586-8110 c-949-683-5411
fax 949-586-2082”

Jeff Katz, WBT radio, Charlotte NC, Katz fired December 1, 2008, Fairness Doctrine, Rush Limbaugh, Conservative host, Katz told truth, Truth about Obama, Katz websites, Silent majority

“Journalism died in 2008.” — Sean Hannity

Jeff Katz, the conservative talk show host on WBT radio in Charlotte NC, was fired on Monday, December 1,
2008. Katz hosted a show that ran just after the Rush Limbaugh show. Jeff Katz, who appeared to some
as too abrupt and controversial, did his damn job and spoke the truth. Now some are shooting the messenger.
Too negative? About Charlotte? Oh come on. Let me tell you, when I first began being in Charlotte, I could
not believe how bad some things were. Schools, crime, roads and city government for example. Negative?
Oh my goodness, why would anyone be negative.

You morons!! He has been telling the truth!

And oh my God! Question Obama and be negative?

That is a serious crime!
What bothers me about the Jeff Katz dismissal is that it falls under a broad category of preventing the
American people from hearing the truth. I have watched the election play out this year in amazement
as a “1984” like world has controlled the information presented or withheld about Barack Obama. The MSM
was totally in the tank for Obama. The Obama camp, using paid operatives and Obama fanatics has engaged in Nazi Brownshirt like tactics of scrubbing the internet, revisionist history altering of data, personal attacks
and shutting down websites of those questioning Obama.

The “Fairness Doctrine”, which is anything but fair, is raising it’s ugly head. This has been an ongoing
effort by the far left to silence their critics. Whether one agrees with people like Rush Limbaugh or
Jeff Katz, they serve an important function. Both Rush and Katz tell the truth and tell the American People
what they need to hear. People like Rush and Katz are hardly sufficient to counterbalance all of the
left wing propaganda we are bombarded with, but God help us if we lose them. In fact, many of the people
that have commented on Jeff Katz, indicated they were not Republicans or that they might have been
somewhat liberal, but liked listening to Katz to give them more balanced news.

So, what will come of this?

Rush Limbaugh fulfilled a need when he came along around 20 years ago. There had been a trend toward biased news for years. WBT has made what they refer to as a business decision. I believe they are making a huge mistake. Obama won Mecklenberg County and NC. However, if one examines the area he won, this is an island surrounded by more conservative, McCain voters. As I stated when I called WBT radio on Tuesday, there are squeaky wheels that voice their opinion often. However, there is a silent majority out there that is
fed up with biased reporting. That silent majority will respond with a backlash. Jeff Katz leaving
WBT will create a big vacuum (no offense to Tara Servatius who does a good job). This is a turning point
in information presentation. The Charlotte Observer, an extremely biased, left wing rag, is losing readership
and that is likely to escalate. WBT will lose listeners. The internet will increasingly take on a larger
role. Blog talk radio will increase in popularity. Citizen Wells has filled in for a host and has been urged
to host a show. Don’t be surprised if it happens.

I have contacted Jeff Katz and am waiting on a response.

The following sites are believed to be run by Jeff Katz. I will confirm this.

http://twitter.com/jeffkatzshow

http://thejeffkatzshow.blogspot.com/

Here are some comments from this blog about the Jeff Katz dismissal:

“I think Jeff Katz is the best thing to ever happen to talk radio in the Southeast…

He tells you what the leftist mainstream media will not…”

“People have the right to know about the truth. It is unfortunate most Americans are too dumb to think for themselves and hear the truth. Too bad Katz had to be fired. We just live in a society that is too politically correct. I’m going to talk about Obama and I always seek the facts before I judge. Too bad the idiots of America don’t see it that way.”

“I totally agree with you Citizen Wells…..Jeff Katz was the ONLY news person in the Charlotte area brave enough to tell the truth or even look for the truth concerning Obama. I listened to Jeff every day…loved his show…someone should have some explaining to do about this.

When the newspapers or talk radio can no longer seek the truth in our country, then for all practical purposes, objective reporting is DOA (dead on arrival) and everyone(including the owners of the radio stations and newspapers) are in deep doo-do! Ask Hier Hitler what he did!

This is outrageous. Citizen you are also correct about the Charlotte Observer. What a rag sheet and they have no compitition, but they are loosing their subscribers! I wonder why?

I hope they loose all their readers. I’m sure when the smoke clears they will have had a lot to do with the firing of Jeff .

Jeff certainly did his part in exposing this Obama charade, now it’s our turn to make our voices heard. Please every one in the Charlotte area do this:

1. CALL WBT AND TELL THEM; BRING BACK JEFF KATZ OR LOSE YOUR AUDIENCE!

2. EVERYONE IN THE CHARLOTTE AREA STOP LISTENING TO WBT!!!! IF KATZ’S LOYAL LISTENER’S STOP TURNING THEIR RADIOS TO WBT, THEY WILL GET THE MESSAGE!

BOYCOTT,BOYCOTT, BOYCOTT,BOYCOTT!

3. LOCAL BUSINESSES STOP ADVERTISING ON WBT UNTIL KATZ RETURNS!

IT WORKS FOR JESSIE JACKSON AND WILL WORK FOR US ALSO. MAKE YOUR SILENT VOICES HEARD!”

“The politically correct weenies at WBT have groveled to the radical liberal left. Rush Limbaugh and Jeff Katz were the only hosts who tell it like it is without all the p/c crap. I will still listen to Rush, but not on WBT and to Katz as soon as his new show begins. And, it will begin.”

“Jeff Katz, like Jason Lewis before him, ask questions and addressed issues that I found not only interesting but necessary. The mainstream media, whom I trusted for more years than I care to mention, no longer brings the news, they make the news. Jeff had a curiosity about Obama that I, and many others, have. Who is he really? Why is his birth certificate sealed? Why is his college admission papers sealed? What is there to hide? When it comes to other subjects, like illegal immigration he simply refused to call it “undocumented immigrants”. The operative word is, and always will be, ILLEGAL. What is wrong in asking the hard questions?”

“Jeff Katz was the best thing on WBT. I ‘m so very upset over this. WBT shame on you, you have made a hugh mistake. I will boycott WBT, Charlotte Observer way too liberal for me, they never report the truth. God bless you Jeff and your family, you are truly gifted and deserve your own radio show like Glen, Rush, and Shawn.”

“Jeff Katz was the reason I began listening to WBT in the first place. I am so tired of being forced to swallow the biased liberal crap the mainstream media feeds us! Jeff gave a voice to discouraged conservatives. I”ve listened to Tara before and respect her abilities but can’t stomach this change. You’ve lost me WBT!”

“Like Mac, I started listening to WBT because of Jeff Katz. When I heard the reasoning for his release, I changed my radio preset. It seemed like the GM and PM were reciting an overly rehearsed line during their show. Tara is alright, but she gets repetitive and doesn’t keep my attention.”

“I will miss Jeff Katz, I wish him and his family a Merry Christmas and hope he finds a station that will appreciate him . Thank you for your work, Citizen. Please keep all of us informed as to what is happening.”

“WBT made a HUGE mistake by dumping Jeff Katz. Do they really think Tara can fill his shoes? Well, she can’t.

I’ve listened to Tara. She’s okay but frankly, not very articulate. Doesn’t hold a candle to Jeff.

To make a move a stupid as this I have to wonder if Rick Jackson & Bill White are on drugs. No, you say? Then they should be!

WBT just lost this listener. I simply won’t be back and am glad my satelite radio is already in place.”

Philip J Berg lawsuit, December 4, 2008, Update, US Supreme Court, Writ of Certiorari, Obama not eligible, Supreme Court Justices will decide, Conference review

Here is the latest update from Philip J Berg Dated December 4, 2008:

“We understand everyone is eager to learn what occurred on December 1, 2008, at the U.S. Supreme Court. There is a rumor claiming Mr. Obama was Court Ordered by Justice Souter to turn over his birth certificate by December 1, 2008. This is NOT true.

When a Petition for a Writ of Certiorari is filed the Defendants automatically are given thirty (30) days to respond. They are not required to respond. The end of thirty (30) Days in the Berg v. Obama case was December 1, 2008. Keep in mind, the Defendants could have mailed in a response to the Petition for Writ of Certiorari and the Court allows approximately a week for mail. If this is the case, the envelopes must be postmarked December 1, 2008.

In the afternoon, December 1, 2008, Lisa, Mr. Berg’s Assistant contacted the U.S. Supreme Court and spoke with the Clerk. The Clerk informed Lisa Mr. Berg’s Petition for Writ of Certiorari would be distributed to all nine (9) Justices and a conference should be set within ten (10) days. As I’m sure you are aware, during the conference the Justices will discuss Mr. Berg’s Petition for the Writ of Certiorari and decide whether or not to grant or deny the Petition. It only takes four (4) out of nine (9) Justices to agree to grant Mr. Berg’s Petition for Writ of Certiorari. The Justices can also make other Orders during the Conference.

Mr. Berg’s Office also learned the Solicitor General is only representing the Federal Election Commission

Additional documents will be filed within the next couple of days. All Legal briefs will be posted on our website, so please continue checking back for updates.”

Help Philip J Berg uphold the US Constitution: