viernes, julio 13, 2012

Supremes asked: Who is 'natural born citizen?'

 
Letter to George Washington from John Jay regarding the insertion of the "natural born Citizen" clause into the U.S. Constitution, "Permit me to hint whether it would not be wise and seasonable to provide a strong check to the admission of Foreigners into the administration of our national Government, and to declare expressly that the Command in chief of the American army shall not be given to, nor devolve on, any but a natural born Citizen."/ gulagbound.com
WND/ Bob Unruh
An announcement is expected sometime in the fall on whether the U.S. Supreme Court will decide just exactly who is a “natural born citizen” as required by the U.S. Constitution for all those who would be president.
Officials with the Liberty Legal Foundation confirmed they have filed an appeal of the ruling from the state Supreme Court in Georgia, and a decision by the nation’s highest court on whether it will accept the case is expected over the coming months.
It raises two questions, including whether states can be forced to accept any candidate from a political party for presentation on state ballots even when the candidates do not meet the required qualifications.
The other is the key, “Are all individuals born on U.S. soil Article II ‘natural born citizens,’ regardless of the citizenship of their parents?”
According to a statement from Van Irion, chief of Liberty Legal, the case that stems from a Georgia dispute “is the first to present the U.S. Supreme Court with a substantive ruling on the definition of natural born citizen under the Constitution.”
“All other cases to reach the Supreme Court on this issue had been dismissed on purely procedural grounds. Liberty Legal Foundation’s case is an appeal from the Georgia courts’ substantive ruling,” he explained. “The Georgia courts refused to dismiss our case based upon procedural grounds. The Georgia courts reached the substantive issue, what is a natural born citizen.
“They ruled incorrectly, but that ruling does allow us to ask the U.S. Supreme Court to address the definition of natural born citizen, instead of simply addressing a procedural issue,” the explanation said.
“Now the U.S. Supreme Court has an opportunity to address the definition of natural born citizen, our substantive issue.”
“The petitioners’ challenge in Georgia state court was based upon an uncontested fact: that the respondent’s father was not a U.S. citizen; and upon the legal conclusion that a person must have two U.S. citizen parents to be a natural born citizen under Article II of the U.S. Constitution,” the brief to the high court explains. “The Georgia Office of State Administrative Hearings and Secretary of State ruled that any person born on U.S. soil is a ‘natural born citizen’ as that term is use[d] in Article II of the U.S. Constitution, regardless of the citizenship of the person’s parents.”   More >>

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