Leo C. Donofrio supreme court Case Emergency Stay of the Election
I know that many of you will think this is a case of sour grapes, people are naming their first borns, cities are taking his name and schools are adopting the Obama name. But the next step is the Electoral College on December 15th and there are at least 17 lawsuits questiioning Obama's eiligiblity. In his typical "Alinsky-in your-face" style, he refuses to produce a simple long form birth certificate, but wastes hundreds of thousand s of dollars dancing around technicalities.
One lawsuit, however, is in a different league altogether. that has been brought by Leo C. Donofrio, Esq of New Jersey, semi-retired lawyer, musician and poker player. somehow, in observing the election he felt that the Secretaries of State were not properly vetting the candidates, which is the duty under Oath. Leo felt that 3 candidates: McCain, Obama and Calero all had tainted foreign births.
This is the official Scotus docket scheduling the conference on Dec 5th.
I am not an historian, however, it is becoming more apparent everyday that there is a full fledged plot to overthrow the Constitution as the Founding Fathers intended it to be implemented. I wanted to just cite Article II, Section 5 that lists the qualifications for President of the United States: "No person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President; neither shall any Person be eligible to that Office who shall not have attained to the Age of thirty-five Years, and been fourteen Years a Resident within the United States"
Now, just for your information, the 1790 Naturalization Act which allowed that "natural born status to be given to a child born of 2 American citizens abroad, was repealed in a later 1795 Naturalization Act. The 56 Founding Fathers changed their minds. According to the lawyer, Leo C. Donofrio from N.J., his suit for a stay of the election was sabotaged by a clerk in the Supreme Court, but has now been accepted by Justice Clarence Thomas and distributed to the other 8 Justices and will be held in conference on December 5, 2008 At that time the Justices will decide whether to hear this case. This is a "rare bird" as such a conference review a challenge to a President-Elect’s eligibility based on Article II’s “natural-born citizen” clause is historical.
By the way, Mr. Donofrio's suit calls into question the eligibility of three candidates, namely John McCain (who was born in Panama), Barack Obama who admitted that he was born with dual citizenship of Britain and the U.S., and Roger Calero, who was born in Nicaragua. Leo Donofrio has a website that you can check for updates, Leo Donofrio's case recommendation is for Americans to become aware of the precedent for his case, which is which was McCarthy v. Briscoe 429 U.S. 1317 (1976)This case set a precedent for SCOTUS to force a Secretary of State to add or subtract a name from the state ballot.
That is what Donofrio's original Emergency Stay was meant to do, but law clerk, Danny Bickell delayed its' docketing; in fact, never docketed it, but just dismissed it out of hand. Clearly treason, definitely misconduct worthy of termination. apparently Bickell is an Obama supporter. The point is that Mr. Donofrio's case is non-partisan. In fact, tonight I listened to Justice Thomas speaking and he mentioned that one of the tests for neutrality would be in applying precedents and decisions to cases, irrespective of one's feelings. Possibly you might be interested in listening to this great thinker speak on C-SPAN.
Another Judge from N.J., Judge Jack Sabatino has also had a hand in attempting to sabotage the case, by making it seem as if Mr. Donofrio did not exhaust all the lower court remedies. However, Mr. Donofrio has kept his notes and receipts and can prove that he exhausted all lower court possibilities before approaching the Supreme Court for relief. On the right is his interview on Plains Radio in 8 parts.
Her is another opinion from Paul Madison from the federalistblog "A child born to an American mother and alien father couldbe said to be a citizen of the United States by someaffirmative act of law but never entitled to be a natural-born citizen because through laws of nature the child inherits the condition of their father."
Leo says that he, like other Americans were deceived by the Senate Resolution 511 which was "strangely" co-sponsored by Senator Obama and Senator MacAskill to make it okay for John McCain to run for POTUSA. The only thing is that the Senate, can not change the constitution.
That has to be done by an Act of Congress. I think we can all see that someone was trying to bamboozle the American people. Was it that constitutional lawyer or that war hero? The media was even bamboozled into thinking that he was "playing fair." with John McCain. The only thing is that the original wording was "naturalized citizen", so I believe that Obambi knew exactly what he was trying to do.
Assistant Justice Noah Swayne
U.S. v. Rhodes Sets another precedent for Interpretation of "Natural Born Citizen"
According to a famous ruling of the U.S. v. Rhodes, written by Assistant Supreme court Justice Noah 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."
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."
The U.S. v. Rhodes case formed the basis for the Civil Rights act of 1866, or the 14th Amendment to the Constitution, granting citizenship to persons born on American soil jus soli. Native Indians born on American soil were understood to have allegiance to their tribes, until the Indian Citizenship Act was passed in 1924.
Add some commentary on Article II by one of the the most pronounced attorneys and justices of the time, St. George Tucker is quoted for saying in
"That provision in the constitution which requires that the president shall be a native-born citizen (unless he were a citizen of the United States when the constitution was adopted,) is a happy means of security against foreign influence which, where-ever it is capable of being exerted, is to be dreaded more than the plague."
A later decision, Elk v Wilkins, emphasized that being born in the territory of the United States is not sufficient for citizenship.
