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Archive for November 29th, 2008

Nov 29 2008

US v Rhodes Defining “Natural Born Citizen”

Published by vrajavala under Uncategorized Edit This

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According to a famous ruling of the U.S. v. Rhodes, written by Chief Justice Noah Haynes Swayne in 1866:”All persons born in the allegiance of the king are natural born subjects, and all persons born in the allegiance of the United States are natural born citizens. Birth and allegiance go together. Such is the rule of the common law, and it is the common law of this country, as well [**18] as of England.
There are two exceptions, and only two, to the universality of its application. The children of ambassadors are in theory born in the allegiance of the powers the ambassadors represent, and slaves, in legal contemplation, are property, and not persons. 2 Kent, Comm. 1; Calvin’s Case, 7 Coke, 1; 1 Bl. Comm. 366; Lynch v. Clarke, 1 Sand. Ch. 583.”

The 14th amendment was defined further by “Rep. J.L.Bingham commenting on Section 1992 said it means “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.” according to the federalist blog.
Also please note:”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.”

There is a great deal of interest by the public now about this matter since leo c. donofrio,a semi-retired layer from new jersey, filed a Stay of the national Election, calling into question the eligibility of McCain, Obama and Calero. His suit ,/a>will be heard by the 9 Supreme Court justices in conference on December 5th. Mr. donofrio remarked that this is a ‘rare bird.’
One of the other things that Mr. Donofrio is very concerned about is the alleged Misconduct by a lower court judge and a supreme court clerk in the handling of the case. In fact, he alleges, it was very much like sabotage.

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