Thursday, February 24, 2011
Arizona Senate Bill 1308 Defines Dual Citizens As Natural Born Citizens.
SB 1308 is unconstitutional because it would render the natural born citizen clause (from Article 2 Section 1) superfluous.
"Arizona had a nice dog and pony show there for awhile, but it’s all bunk." – Leo Donofrio
"America is being scrubbed." – Leo Donofrio
Leo Donofrio, Esq.
BEWARE: Arizona Senate Bill 1308 Defines Dual Citizens As Natural Born Citizens. Leo Donofrio Atty
Arizona Senate Bill 1308 passed out of committee yesterday by an 8-5 vote. This bill is a cleverly disguised attempt to protect President Obama from eligibility scrutiny. It does this by declaring persons born with dual citizenship as natural born citizens. But it does this in a very sneaky manner.
That’s right. Arizona has now passed out of committee a bill which states that persons born with dual citizenship are natural born citizens of the United States. This same bill is being considered by all states party to the compact.
So infamous congratulations to the 8 votes in Arizona who passed this unconstitutional bill to the full Senate floor. They’ve just declared those born as dual citizens eligible to be Commander In Chief of the US Armed Forces.
The Arizona Republic completely failed to mention this incredible turn of events in their report:
“Late Tuesday, the committee advanced two of the bills, becoming the first state legislative committee in the nation to pass legislation intended to challenge the practice of granting citizenship to children born in the U.S. to illegal immigrants.
Committee members voted 8-5 to approve a controversial package of bills, which would challenge the 14th Amendment interpretation about citizenship.”
This so called “compact” is being pushed by a conglomerate of states, and it looks like it’s being done to protect Obama. SB 1308 declares:
ARTICLE 6. INTERSTATE BIRTH CERTIFICATE COMPACT…
As used in this compact, “subject to the jurisdiction of the United States” has the meaning that it bears in section 1 of the fourteenth amendment to the United States Constitution, namely that the person is a child of at least one parent who owes no allegiance to any foreign sovereignty, or a child without citizenship or nationality in any foreign country.
…A person who is born subject to the jurisdiction of the United States is a natural born United States citizen.
Article II defines a person… “born subject to the jurisdiction of the United States” … as … “a child born to at least one parent who owes no allegiance to any foreign sovereignty“.
Article III declares that… “A person who is born subject to the jurisdiction of the United States is a natural born United States citizen.”
Sneaky bastards all around. When the relevant section of Article II is read in conjunction with the relevant section of Article III, you have a complete declaration that a person born of one citizen parent is a “natural born United States citizen”.
According to that definition, a person born with dual citizenship is also a “natural born United States citizen”.
ANCHOR BABIES OUT… OBAMA IN.
Anchor babies will not be eligible for US citizenship according to this bill, but Obama will be eligible to be POTUS. Looks like a deal was struck to protect Obama by attacking the citizenship of children born on US soil to illegal immigrant parents.
Apparently, the US citizenship of anchor babies is being sacrificed to protect Obama from competing eligibility legislation – such as Arizona HB 2544 – which does, in fact, require Presidential candidates to prove they have never owed allegiance to a foreign nation.
Arizona HB 2544
14th AMENDMENT – MARBURY v. MADISON – JOHN BINGHAM
SB 1308 is unconstitutional because it would render the natural born citizen clause (from Article 2 Section 1) superfluous. That is not allowed according to the famous SCOTUS decision, Marbury v. Madison, wherein Chief Justice Marshal stated:
‘It cannot be presumed that any clause in the constitution is intended to be without effect; and therefore such construction is inadmissible, unless the words require it.’
If the 14th Amendment defined “natural born citizen” for the purposes of POTUS eligibility, then the nbc clause in Article 2 Section 1 would be rendered meaningless.
If the framers of the 14th Amendment had sought to declare all 14th Amendment citizens to be “natural born citizens” then that’s exactly what the 14th Amendment would say.
But it doesn’t.
The 14th Amendment – by its very own text – defines who are “citizens”, but it does not define who is a “natural born citizen”. Elsewhere in the Constitution, the word “citizen” was used to define those who are eligible to be Representatives and Senators. But the word “citizen” was not used to define those eligible to be POTUS. For that the framers demanded one be a “natural born citizen”.
The 14th Amendment does not use the words “natural born”. The framers could have included those words in the 14th Amendment, but they chose not to.
The compact between the states referenced in Arizona SB 1308 attempts to rewrite the 14th Amendment by adding the words “natural born” to it.
Such may only be accomplished by the Constitutional amendment process. This compact does not meet that standard.
In conclusion, I leave you with the words of John Bingham, one of the people who drafted the 14th Amendment:
“…every human being born within the jurisdiction of the United States of parents not owing allegiance to any foreign sovereignty is, in the language of your Constitution itself, a natural-born citizen.”
Parents. Plural. Not one parent. Two. Two parents not owing allegiance to any foreign sovereignty. Mr. Bingham would know more about the intent of the drafters of the 14th Amendment than anyone alive today… seeing as how Mr. Bingham wrote the 14th Amendment.
But hey, who cares about facts? Who cares about the text of the 14th Amendment? This is America. The Constitution is what people say it is, not what it actually says for itself. Welcome to the living Constitution… and the dying of the USA.
Leo Donofrio, Esq.
(Sneaky bastards is right Leo. Thanks for the heads up about another scam to get obama on the ballot even though he can't provide any documentation validating his US citizenship. The natural born question is almost moot because you must be a citizen before you can be a natural born citizen. Up to this point obama has provided nothing that can be verified to validate his US citizenship. Nothing.) Story Reports
2 main facts about the "certification of live birth" the obama campaign put on the internet
Leo Donofrio Additional Comments:
Mr. Donofrio, is there ANY WAY to get some Arizonans to enforce ARS 16-311?
I have to be honest when someone asks, “is this hopeless too”. It’s hopeless… yup. Nothing will be done. I started writing this blog,natural born citizen, again because I saw state legislatures acting to protect their ballots from unconstitutional candidates. The fiasco I just witnessed with regard to Arizona SB 1308 took the wind right out of me. I do not believe HB 2544 was ever intended as anything more than a chess move leading to 1308. I’m sick about it, really sick.
This appears to have been well thought out and deals were made behind doors… somebody bartered anchor baby citizenship to protect Obama. And the language used was so evasive that it looked like it was designed to check Obama’s credentials and dual citizenship, but it does neither. It doesn’t even require to see his COLB let alone a long form BC and it defines a person born to only one citizen parent as nbc. Wolf in sheeps clothing.-Leo
The situation in Hawaii is beyond Twilight Zone, probably by intention but Im just not sure. – Leo
(Be Careful What You Wish For, you just might get it was the Twilight Zone deconstruction of the meaning of an idea.
Deconstruction (or deconstructionism) is an approach which pursues the meaning of a text to the point of exposing the supposed contradictions and internal oppositions upon which it is founded—supposedly showing that those foundations are irreducibly complex, unstable, or impossible.
"Deconstruction is not a dismantling of the structure of a text, but a demonstration that it has already dismantled itself. Its apparently-solid ground is no rock, but thin air."
J. Hillis Miller
The Hawaii "twilight zone" deconstruction exposing contradictions, internal oppositions etc and has exposed obama's claim of US citizenship that has already dismantled itself.
Leo is right again Hawaii is in the "twilight zone" of exposing the flawed logic of a valid obama certification of live birth. Hawaii continues the twilight zone deconstruction approach pursuing the meaning of the text, WHERE'S THE BIRTH CERTIFICATE?
Hawaii has deconstructed obama's "birth certificate" and shown it to have been conjured up out of thin air.) Story Reports
Do you have any comment on the Texas bill authored by Leo Berman? The bill simply asks a candidate to present a long form birth certificate.
ed. I think it actually only requires an “original birth certificate”. There’s wiggle room there, but even that wont pass. Nobody is going to ask Obama for anything, not even a COLB. It’s not gonna happen. – leo
Naturalized covers naturalized by oath or naturalized-at-birth: Under US Code 1401 it has a section called “Born Citizens” under the total umbrella of naturalized Citizens. Naturalized just means via statute or treaty, and it includes naturalized-at-birth or “born citizens” and naturalized by oath. But the 2 US Citizen/born on US soil permutation is the only one omitted from US Code 1401, and rightly so as that is the definition of NBC, and it is not a naturalized citizen.
This is a very good point. The US code lists all types of paths to citizenship but it does not list “born in the US to “parents” who are citizens”. This is because such a person is a natural born citizen and no statute or Amendment is necessary to make one a US citizen.-leo
I WOULD LIKE TO ADD THAT WOULDN’T YOU THINK THAT A THREAT TO THE CONSTITUTION AND THE PEOPLE OF THE UNITED STATES BY ANY GOVERNMENT LEADER THAT ABUSES HIS AUTHORITY BY DeSTROYING THE VALUE OF THE DOLLAR ON THE WORLD MARKET BY PUSHING US INTO DEBT IN AN ATTEMPT TO GIVE US NO OTHER CHOICE BUT TO AGREE ON HAVING A SINGLE WORLD CURRENCY TO MAKE UP FOR OUR LOSSES. THIS WOULD FORCE US ANOTHER STEP DEEPER INTO A NEW WORLD ORDER. IS THIS AN ACT OF AN AMERICAN PATRIOT OR AN ENEMY OF THE UNITED STATES.
ed. Kill the caps Ken. It’s considered bad netiquette. As to the content of your comment, I think that all federal reserve notes are not Constitutional money and that more than anything will eventually lead to the inevitable destruction of the dollar. No President has done anything to change this, other than perhaps JFK… and we all know how that story ended.- Leo
U.S. Dept of State Foreign Affairs Manual~
” a natural born Citizen pursuant to a statute is not necessarily one for Constitutional purposes”
What’s the ” Constitutional purpose” for a ‘natural born Citizen’? Gee, … I can’t think of too many (lol)
ed. I forgot about that. Good one. Leo
Leo, do you think the ‘vital stats’ of Obama will only, eventually come out once he is out of office and therefore power?
If eligibility bills for the next election are passed and enacted, there will undoubtedly be suits. That of course is ironic if Obama has nothing to worry about … but my question remains do you think it will there will then be a challenge and SCOTUS will finally take it?
I’m still skeptical about the “reconferencing” of the Hollister case on March 4th.
ed. No state will pass a bill that even requires Obama to show a real COLB from Hawaii. That’s my prediction. Obama won’t even be required to show his COLB to the SOS of even one state because that would make it a public document. And nobody will see that document in this, or any other lifetime. That’s my prediction after seeing what Arizona tried to pull with the bait and switch between the real birther bill that Burgess instituted and SB 1308. Arizona had a nice dog and pony show there for awhile, but it’s all bunk. – Leo
ed. If the comments attributed to Burgess at this blog, natural born citizens.wordpress.com, are accurate, and I have no reason to believe they aren’t, HB 2544 is dead and dusted.
Furthermore, I am comfortable with the following prediction – NOT ONE BILL REQUIRING POTUS CANDIDATES TO SUPPLY ANY FORM OF US CITIZENSHIP DOCUMENTATION WILL BE PASSED. You won’t even get to see Obama’s real COLB. The photocopy of the COLB that has become well known has never been shown to any election official and it never will be so shown. That’s my opinion.
What just happened with SB 1308 in Arizona is the scariest damn thing I’ve seen yet in this fight. All that language in 1308 about birth certificates and COLB etc., none of it has any meaning in the bill. None of it. This compact was cleverly designed to look as if it had some teeth while it’s really support for Obama at the expense of anchor baby citizenship. Why does that not surprise me? The Constitution is confetti. – leo
(If what you say is true Leo, and I do believe it is, our government and especially our "president" is lawless. My question to you is what should Americans do to maintain our liberty and freedom?) Story Reports
Don't get your hopes up with the Hollister case. best of luck to them, but it appears that the SCOTUS failed to issue a judgment on the motion and will correct that error with a one line denial as with all other cases before them on this issue. I would be happy to eat my words on this one, but will not have to. – Leo
Wa McCain was born on a military installation?
ed. I have not seen any evidence McCain was born on a military installation, but even if he was, he’s still not eligible.
U.S. State Department policy (as codified in the department’s Foreign Affairs Manual) at 7 FAM 1114 (c)(1) reads:
“Despite widespread popular belief, U.S. military installations abroad and U.S. diplomatic or consular facilities are not part of the United States within the meaning of the 14th Amendment. A child born on the premises of such a facility is not subject to the jurisdiction of the United States and does not acquire U.S. citizenship by reason of birth.” - Leo
(Leo is correct again, johm mccain is also not a US citizen. Because he is also not a naturalized citizen. He is in fact an illegal alien. Mccain has indicated he was born in Colon Panama and has a birth certificate.
John McCain: Citizen of Panama At Birth
Obama has indicated he was born in Hawaii and has a "birth certificate". Mccain's birth certificate can be verified. It indicates he was born out side of the canal zone in Panama.
Obama's "birth certificate" can't be verified if he was born inside or outside of Hawaii because it can't be verified as to the hospital he was born in nor the doctors name.
Mccain is not a US citizen according to his own birth certificate.
Obama has a short form forged certification of live birth on the web that can't be verified and that he himself has never claimed as his.
Obama is not a US citizen because he has no birth certificate that can be verified as real.) Story Reports