Soldier: Obama not U.S. born, can't send me to Afghanistan

[Midnight Marauder]

Actually it is. It clearly states "natural born citizen." The citizenship clause of the 14th amendment (secton 1, clause 1) allows that all children born to US Citizens has a natural birthright to US Citizenship.

It's hardly clear if the Framers meant "on our soil" or not. Interesting article here: Natural born citizen of the United States - Wikipedia, the free encyclopedia

What the heel does the Framer's intent have to do with anything? We have SCOTUS rulings. Two of them. Elk v. Wilkins and United States v. Wong Kim Ark.

These two rulings outlined who qualifes and who does not.

These people qualify:

-Children born to U.S. citizens

-Children born to aliens who are lawfully inside the United States who intend to obey its laws

Obama qualifies under the bolded part, no matter what the geography is.

The mud in the water is, whether there is a difference between being a Citizen, or a natural born one. It's never been ruled what "natural born" means.

But, it's actually moot at this point.

 

[CrimsonWhite]

It's hardly clear if the Framers meant "on our soil" or not. Interesting article here: Natural born citizen of the United States - Wikipedia, the free encyclopedia

What the heel does the Framer's intent have to do with anything? We have SCOTUS rulings. Two of them. Elk v. Wilkins and United States v. Wong Kim Ark.

These two rulings outlined who qualifes and who does not.

These people qualify:

-Children born to U.S. citizens

-Children born to aliens who are lawfully inside the United States who intend to obey its laws

Obama qualifies under the bolded part, no matter what the geography is.

The mud in the water is, whether there is a difference between being a Citizen, or a natural born one. It's never been ruled what "natural born" means.

But, it's actually moot at this point.

I just gave you two SCOTUS decision that define exactly what a natural born citizen is.

 

[Midnight Marauder]

What the heel does the Framer's intent have to do with anything? We have SCOTUS rulings. Two of them. Elk v. Wilkins and United States v. Wong Kim Ark.

These two rulings outlined who qualifes and who does not.

These people qualify:

-Children born to U.S. citizens

-Children born to aliens who are lawfully inside the United States who intend to obey its laws

Obama qualifies under the bolded part, no matter what the geography is.

The mud in the water is, whether there is a difference between being a Citizen, or a natural born one. It's never been ruled what "natural born" means.

But, it's actually moot at this point.

I just gave you two SCOTUS decision that define exactly what a natural born citizen is.

Since there was no definition of "natural born citizen" found in the constitution, the majority adopted the common law of England that was a carry over from feudal times.

I'd missed that.

 

[CrimsonWhite]

The mud in the water is, whether there is a difference between being a Citizen, or a natural born one. It's never been ruled what "natural born" means.

But, it's actually moot at this point.

I just gave you two SCOTUS decision that define exactly what a natural born citizen is.

Since there was no definition of "natural born citizen" found in the constitution, the majority adopted the common law of England that was a carry over from feudal times.

I'd missed that.

You missed what?

 

[Midnight Marauder]

I just gave you two SCOTUS decision that define exactly what a natural born citizen is.

Since there was no definition of "natural born citizen" found in the constitution, the majority adopted the common law of England that was a carry over from feudal times.

I'd missed that.

You missed what?

The quote I quoted. I stand corrected, because I failed to read those rulings, only skimmed over them.

 

[xotoxi]

-Children born to U.S. citizens

-Children born to aliens who are lawfully inside the United States who intend to obey its laws

I'm glad I was born to US citizens...because I don't intend to obey the law.

 

[CrimsonWhite]

-Children born to U.S. citizens

-Children born to aliens who are lawfully inside the United States who intend to obey its laws

I'm glad I was born to US citizens...because I don't intend to obey the law.

You must spread some reputation around....

Sorry.

 

[xotoxi]

-Children born to U.S. citizens

-Children born to aliens who are lawfully inside the United States who intend to obey its laws

I'm glad I was born to US citizens...because I don't intend to obey the law.

You must spread some reputation around....

Sorry.

I'll put it on your tab.

 

[elvis]

MACON — U.S. Army Maj. Stefan Frederick Cook is seeking a federal court order to stall and eventually prevent an upcoming deployment to Afghanistan.

In the 20-page document — filed July 8 with the United States District Court, Middle District of Georgia — Cook's California-based attorney, Orly Taitz, asks the court to consider granting his client's request based upon Cook's belief that President Barrack Obama is not a natural-born citizen of the United States and is therefore ineligible to serve as commander-in-chief of U.S Armed Forces.

Cook further states he "would be acting in violation of international law by engaging in military actions outside the United States under this President’s command, and that Plaintiff would thus be simultaneously unable to perform his duties in good Rule 65(b) Application for Temporary Restraining Order 22 conscience and yet be simultaneously subjecting himself to possible prosecution as a war criminal by the faithful execution of these duties."

Soldier: Obama not U.S. born, can't send me to Afghanistan - Politics AP - MiamiHerald.com

I wish people would drop this citizen horseshit.

 

[geauxtohell]

Just to clarify:

Cook is a reservist (Watada was active duty). He volunteered for mobilization for the sole purpose of filing this case in federal court. There are a couple of problems here:

First, it is unclear if a federal court would have jurisdiction over this matter, since the orders were cut by HRC-STL (the reserve depot that cuts orders) under the authority of the UCMJ. It would be an un-precedented move for a civilian court to trump a mobilization order and would lay the precedent for other soldiers to challenge their orders "outside of the chain of command". This is further complicated by the fact that the Army has procedures in place to seek a delay and/or exemption to mobilization orders within the UCMJ that Cook has not utilized.

The few times federal courts have trumped the UCMJ have been to deem soldiers "conscientious objectors" when they have been denied that status by the UCMJ. With this in mind, Cook is also trying to be declared a "CO". He's got a few problems here too. First, he (again) did not go through the proper military channels to seek CO status. Second, CO status is awarded (by reg) for moral and religious reasons. It is specifically stated that it will not be awareded for political reasons. Finally, and most importantly, CO status is a dinosaur from the conscript days. It is rarely, if ever, used in an all volunteer Army. Cook is going to have a hard time reconciling his new-found desire to be a CO, 20 years after he opted out of CO states in his initiatl paperwork. On top of that Cook is an officer in a combat arms branch (engineer).

I agree he's tubed his career. He deserves it. He is missusing his rank to try and prompt a constitutional crisis. That's a big no-no. I don't know if he will be sanctioned under the UCMJ, but his evaluation reports will reflect this stupidity.

I predict this will get summarily tossed for jurisdictional reasons and Cook will deploy to Afghanistan.

Backfire.

 

[pete]

Wouldn't it be some shit if it is found that Obama wasn't born in the US and it is still ruled that he can be President because hs mother was a US Citizen?

What these people fal to comprehend is that a US Citizen gave birth to the man, therefore he is a natural born citzen no matter where he was born.

I rather suspect that's what will happen. It will come out, and nothing will come of it.

I agree ... just another liar in office

 

[editec]

Soldier: Obama not U.S. born, can't send me to Afghanistan

But he can send you to prison.

Have a nice day.

 

[Gunny]

MACON — U.S. Army Maj. Stefan Frederick Cook is seeking a federal court order to stall and eventually prevent an upcoming deployment to Afghanistan.

In the 20-page document — filed July 8 with the United States District Court, Middle District of Georgia — Cook's California-based attorney, Orly Taitz, asks the court to consider granting his client's request based upon Cook's belief that President Barrack Obama is not a natural-born citizen of the United States and is therefore ineligible to serve as commander-in-chief of U.S Armed Forces.

Cook further states he "would be acting in violation of international law by engaging in military actions outside the United States under this President’s command, and that Plaintiff would thus be simultaneously unable to perform his duties in good Rule 65(b) Application for Temporary Restraining Order 22 conscience and yet be simultaneously subjecting himself to possible prosecution as a war criminal by the faithful execution of these duties."

Soldier: Obama not U.S. born, can't send me to Afghanistan - Politics AP - MiamiHerald.com

He'll lose. His belief is irrelevant. A court ruled Obama is a US citizen and he IS the President of the United States.

 

[strollingbones]

cw i was gonna pick up the tab with xox for ya....but i have given out too much rep in 24 hours....

when did the military become so political? i would never expect to see a soldier take this stance...but again it does point out how divided this country is....we do need a uniter....but is that even possible now?

 

[editec]

cw i was gonna pick up the tab with xox for ya....but i have given out too much rep in 24 hours....

when did the military become so political? i would never expect to see a soldier take this stance...but again it does point out how divided this country is....we do need a uniter....but is that even possible now?

Not as long as the USA isn't threated by an outside threat, no.

Right now the greatest threat this nation really faces is the low level anarchy that typically happens when governments can no longer really keep control over things because it's going broke.

We need another Soviet Union type threat to rally round the flag, boys.

Terrorism just isn't a focused-enough threat to do it.

 

[PubliusInfinitum]

Another Watada.

Not really. Watada didn't base his case on Bush's eligibility to be CinC but rather on the legality of the war in Iraq itself.

Of course it's not the same exact thing, hj.

Uh NO... It's not the same thing... According to the OP, this guy is an commissioned officer; thus bound to know in good cconscience that he is carrying out legal orders; thus it sure seems to have 'standing'...

I'd sure like to see the argument which would contest such...

I'd also like to see where being born to a US citizen constitutes 'natural born citizenship...' I could see it where the mother AND father were US citizens... But given that in marriage, the woman adopts the husbands oathes; such seems fairly implausible.

 

[Xenophon]

Not much chance of this case being won.

 

[CrimsonWhite]

Not really. Watada didn't base his case on Bush's eligibility to be CinC but rather on the legality of the war in Iraq itself.

Of course it's not the same exact thing, hj.

Uh NO... It's not the same thing... According to the OP, this guy is an commissioned officer; thus bound to know in good cconscience that he is carrying out legal orders; thus it sure seems to have 'standing'...

I'd sure like to see the argument which would contest such...

I'd also like to see where being born to a US citizen constitutes 'natural born citizenship...' I could see it where the mother AND father were US citizens... But given that in marriage, the woman adopts the husbands oathes; such seems fairly implausible.

Two High Court Rulings have already been cited.

 

[jvn]

I think waht is likely to happen is that the Army will encourage the officer to resign his commission and he will do so, quietly.

Me, I would charge him with inciting mutiny and place him in pre-trial confinement pending the resolution of his civil lawsuit, but that's just me.

Kind of insulting that this guy would volunteer for deployment for the purpose of challenging that deployment in court.

For practical reasons the Army cannot let this kind of thing stand. Would it open the military up to soldiers challenging whether their immediate commanders are legitimate? "Well, I am not certain that Captain Smith ever really completed OCS, in fact, I doubt that he did, so I don't think he can give me a lawful order." "I don't believe that the Congress followed their own rules when they approved General Jones' appointment because it was attached to a continuing resolution instead of being passed on its own..."

Chaos. I think guys like this need to be made an example of.

 

[xsited1]

Actually it is. It clearly states "natural born citizen." The citizenship clause of the 14th amendment (secton 1, clause 1) allows that all children born to US Citizens has a natural birthright to US Citizenship.

It's hardly clear if the Framers meant "on our soil" or not. Interesting article here: Natural born citizen of the United States - Wikipedia, the free encyclopedia

What the heel does the Framer's intent have to do with anything? We have SCOTUS rulings. Two of them. Elk v. Wilkins and United States v. Wong Kim Ark.

These two rulings outlined who qualifes and who does not.

These people qualify:

-Children born to U.S. citizens

-Children born to aliens who are lawfully inside the United States who intend to obey its laws

Obama qualifies under the bolded part, no matter what the geography is.

So as long as one of Obama's parents is a US citizen at the time of his birth, it doesn't matter if he's born in another country? Is there anything that could negate this rule (within reason, of course)?