Sunday, October 9, 2011

If Obama Attempts To Use A Crisis To Suspend The 2012 Elections, The President Could Be Ousted From Office By Resurrecting The Supreme Court's Precedent in Minor v. Happersett (1875)

By Leo Donofrio, Esq.
October 9, 2011

Recently, the New York State Board of Elections was caught trying to amend the US Constitution with an eraser by listing POTUS eligibility as available to any person “born a citizen”.  (Please review Pixel Patriot’s excellent analysis on this issue, “New York State BOE Web Site Cover Up“.)  The Constitution states that only a “natural born Citizen” may be president, a much more stringent requirement than simply being “born a citizen”.  This effort in New York is part of a much larger effort nationwide to falsely revise history (in this case by scrubbing the very words of our Constitution).  The tactic contributes to an insidious pattern of behavior being perpetrated just so Obama will be allowed to occupy the White House despite US Supreme Court precedent which states directly that he is not eligible.  (This report assumes Obama was born in Hawaii.)

Other instances of gross intellectual dishonesty documented at this blog include the recent attempt by to rewrite American history by scrubbing links in subsequent cases which establish that Minor v. Happersett has been cited multiple times as precedent on citizenship issues as well as voting rights.

Another instance of this misleading practice was the revision of a Michigan Law Review article by well-known legal scholar, Professor Lawrence Solum, wherein his original analysis – that only a person born in the US of citizen parents was beyond question eligible for POTUS – was scrubbed to include as eligible those born of only one citizen parent.

The citizenship issue decided in Minor v. Happersett has been documented as precedent by multiple sources of legal scholarship.  (See also my previous two reports analyzing Minor v. Happersett, here and here.) Below, I have assembled multiple quotations from various published literature which cogently establish that the Supreme Court issued two holdings in Minor; one on citizenship and the other on voting rights.  That the citizenship issue is precedent, and not dictum, has never been questioned in our national history until now, just as the very words of the Constitution are being scrubbed.  My research indicates unequivocally that for over a century before the appearance of Obama, Minor was recognized and cited as precedent on the definition of federal citizenship.

We turn now to an esteemed legal scholar and Government attorney who specialized in citizenship law.  He will provide unquestionable clarity on the issue of why Minor v. Happersett is precedent on citizenship as well as voting rights.


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