PostHeaderIcon Our Constitution – RIP

I have not mentioned this lately, so I have not shared that the issue of where Obama was born is likely to be a red herring. In all that I have read on the issue, which is a lot, the most persuasive argument is made by one Judah Benjamin. He traces English law all the way back to the Middle Ages to show what the Founders meant by the “natural born” clause for POTUS eligibility.

I think he makes an ironclad case that someone born of an alien father and American mother could never be a natural born citizen. It has little to do with your place of birth, but rather the condition of it, as regards the subject of allegiance. A child born a dual citizen has divided allegiance, and by definition is not “natural born.” By the way, this would also make Bill Richardson ineligible.

Predictably, today the SCOTUS took a pass on granting certiorari to the Donofrio case challenging Obama’s eligibility. Undoubtedly, they decided that the specter of the rioting in the ghettos that would follow a correct ruling, was a greater evil than abandoning the Constitution as the bedrock of our rule of law. So, they ducked.

This NJ case did not question his birth certificate. It simply challenged his “natural born” status, on the grounds that he was born a dual citizen, which his campaign freely admits. This was not a question of “fact,” but very much a question of “law,” which the Supremes should have ruled on. Thus, effective immediately, the “natural born” clause is rendered meaningless, and the California Governator might as well gear up for a run for POTUS. The courts, now all the way to the top, have said that no one has standing to challenge it and there is therefore nothing to stop him.

If simple intimidation and popular support is now all it takes to amend our Constitution, we might as well not have one; and just acknowledge the reality that we live in a mobocracy. This political expedience may not work out so well for minorities in the end, but sometimes one has to be careful what one wishes for. ◄Dave►

2 Responses to “Our Constitution – RIP”

  • acsnyc says:

    Dave,

    It is unclear whether or not SCOTUS took a pass on granting certiorari. The court denied the stay application. Other cases on the docket had both stay and cetiorari denials (e.g, Domantay, v. United States et al). Check out the order list:

    http://www.supremecourtus.gov/orders/courtorders/120808zor.pdf

    Notice Donofrio case is listed under ORDERS IN PENDING CASES. It is not listed on page two which has a title of CERTIORARI DENIED.

    Keep the faith.

  • ◄Dave► says:

    Thanks for the clarification and the link, acsnyc. I was relying on some erroneous report. I was so unsurprised that I can’t even recall where now. I am afraid faith isn’t in my lexicon. 🙂 ◄Dave►

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