Recently a comment popped up on an old article here. I used to close comments on articles older than 90 days but I changed that a while back since sometimes people happen to discover older articles for the first time and feel inclined to comment. On much busier blogs like Obama Conspiracy Theories that is not practical. The article was written in February 2012 following two devastating losses by the Birthers. One was the ruling in favor of the Empty ChairTM in Georgia by ALJ Michael Malihi. The other was the ruling in the Tisdale v Election Board of Virginia case in the Fourth Circuit in Virginia by District Judge John A. Gibney, Jr. In both cases the Brither plaintiffs were arguing the Vattelite nonsense theory that a natural born citizen must have been born form two US citizen parents. In both cases the judges ruled solidly against the Birther arguments. I won’t go into the details of the rulings because I have written about both as have other bloggers and members of the Fogbow. The title of the article was Time for Birthers to admit they are wrong and move on
The recent comment was left by someone named Janice. She wrote:
Wong Kim Ark was just for citizenship standing, not “natural born citizenship” standing–read Vattal [sic]
I am sorry Janice but you are wrong. I have read both de Vattel (whose name you can’t even spell correctly) and the US v Wong Kim Ark. de Vattel said that citizenship in countries like England (and by inference the USA) is primarily based on jus soli (by the soil) and not jus sanguinis (by blood).
In the Wong Kim Ark case the majority concluded that there were only two types of citizenship (they actually cited Minor v Happersett on that) naturalized and natural born. Since it was in fact against the law for a Chinese person to be naturalized in 1898 the court painstakingly analyzed who were natural born citizens and concluded that the definition in the Constitution came from English common law. Therefore Wong was a citizen by way of being natural born.
If you are really interested in this subject and not doing a fly by I suggest that you read the very fine and well researched series of articles that John Woodman did on this subject at his blog starting with this article. There is also a great deal of information at other blogs like Obama Conspiracy Theories and NBC’s Natural and Native Born Citizenship Explored, both of which I have in my links bar on the right.
Finally, the courts have actually ruled on this. The Ankeny case in Indiana directly addressed this question as did a federal judge in Virginia in the Tisdale case just to name a couple. There are more.
Now if you want to discuss the specifics go read up and come back. I doubt I will ever see you again however.
As I suspected Janice was doing a drive by and never returned to defend her claims.
I noticed that I had made some predictions at the end of this article so I thought it would be fun to see how my predictions had survived the passage of time over two years.
Orly Taitz’s influence in Birthistan will continue to decline.
The two parent citizen theory that was always complete nonsense has been dealt a death blow.
Politicians who actually have to face the voters will be more reluctant than ever to “Birf”.
President Obama will appear on every ballot in every presidential preference primary and caucus.
He will be on the ballot in every state and D. C. in November.
Birthers will continue to be entertaining.
Birthers will not heed my advice.
So how did the Reality Check of 2012 do? Let’s see…
- Ding! Ding! Just as I predicted Orly’s influence peaked with the Georgia ballot challenge when Birther’s actually thought Orly was going to have Obama come and testify at the hearing when Judge Malihi declined to quash the subpoena Orly found on the Georgia administrative court website and filled out. Today Orly has been completely shunned by Mike Zullo and Joe Arpaio and many Birther web sites openly mock her.
- Ding! Ding! Ok, some of the Birthers like Apuzzo might argue it is still alive and Brooke Paige has a Vermont ballot challenge appeal of a denial pending at the Supreme Court. However, seasoned court watchers know his appear is dead. If you want me to wait until it is denied later this month to claim this one I can live with that.
- Winner, winner, chicken dinner! Birthers were convinced that the Cold Case Pose investigation and the ballot challenges would cause both incumbent Republicans and candidates seeking office to pick up the Birth banner. Not one sitting member of Congress was “on board” despite grandiose and spectacular claims by Gallups and Zullo. No Birther candidate won office unless you count the election Gary Kreep’s election to be a municipal judge in San Diego, CA. As far as I recall he did not run as a Birther or even mention that he was an attorney in a Birther case.
- He did as predicted. There was not even a serious challenger for the nomination.
- He was and won an solid majority of the electoral votes.
- I am still blogging and doing the show for the entertainment value.
- Well this goes without saying.
So I think ole RC did pretty well with those. I admit it was like shooting fish in a barrel as they say.