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PostPosted: Tue Feb 28, 2012 2:40 pm 
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There's no part of any of it, including Minor, that isn't a dead horse. So the answer can only be that they are fixated on spouting anything that sounds bad about Obama. And they do. All the birthers, as far as I can tell, ALSO subscribe to all the OTHER non-birther lies and exaggerations about Obama, like the Michelle expenditures, the Ayers crap, the drugs/gay allegations, the money to Palestine, the foreign apologies, the teleprompters, the Health Care Act is tyranny, etc., etc., ad infinitum.[/quote]


Well, I can't argue against that! LOL But that is no different than what every president gets. There is always some group somewhere that is vehemently against who ever is sitting in the chair. So that's nothing new.

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PostPosted: Tue Feb 28, 2012 2:43 pm 
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Nate Nibbles wrote:
If any arguments are going to be valid, or have a hope to be it would be the legal one, Minor V Happersett. I have yet to see any real good argument invalidating that SCOTUS case... so I suppose this old man is just stumped.

1. Minor v. Happersett was not a citizenship case. It was a suffrage case. Virginia Minor's citizenship was never an issue before the court as it was not only fully conceded in the first sentence of the decision, but was never argued or even briefed at any level as the case wound its way to SCOTUS. Furthermore, it ended up being completely irrelevant to the finding of the case; being a citizen did not matter as she had no right to vote either way.

2. The case never defines natural born citizenship in the first place. Pay very close attention to this, because it is fundamental. The court says that children born in the US of citizen parents are natural born citizens. But it does not say that natural born citizens are people born in the US of citizen parents. The latter would be a definition, but the former is merely applying a label. To argue otherwise (as Birthers do) is a formal fallacy of logic called "denying the antecedent."

3. The decision explicitly refuses to make any determination regarding the citizenship status of children of aliens born on US soil. Now Birthers will usually argue that this refers only to their status as citizens, and not natural born citizens. This is patently absurd for by deferring decision on citizenship at all, one is necessarily deferring decision on all possible variations of citizenship to include natural born.

4. Much has been made of the fact that the favored Birther phrase from this decision is simple obiter dictum. There can be no serious argument that it is not, since (as observed above) Virginia Minor's citizenship was not an issue before the court.

5. Minor v. Happersett has never once been cited as precedent regarding the definition of natural born citizen by any subsequent court. that distinction belongs, of course, to US v. Wong Kim Ark which has been cited specifically for that purpose is Ankeny v. Daniels and just last month in Tisdale v. Obama.

Your questions?

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PostPosted: Tue Feb 28, 2012 2:44 pm 
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Nate Nibbles wrote:

Hey mate... that wasn't my question. My question is why are they still beating this dead horse, the birth certificate? Thats my question. Forger minor. That would be for SCOTUS to deal with and I don't see nothin on the docket on Minor, ya dig?

Why keep the stupid birth certificate in the news?


Hey "mate," you brought it up:

Mate wrote:
If any arguments are going to be valid, or have a hope to be it would be the legal one, Minor V Happersett. I have yet to see any real good argument invalidating that SCOTUS case... so I suppose this old man is just stumped.


As for why they keep bringing it up, why don't you ask them?

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PostPosted: Tue Feb 28, 2012 2:45 pm 
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realist wrote:
AFAIK Klayman is not now nor has he ever been disbarred.

Point taken. I would assume that if I were banned for life (OFGS) from filing in a State, it would be nearly the same.

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PostPosted: Tue Feb 28, 2012 2:45 pm 
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Nate Nibbles wrote:
What would be the upside to beating this dead horse..it cannot be that they are right.

Yes, it is that they believe they are right. And they will continue to :horse: until Obama is no longer in office.

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PostPosted: Tue Feb 28, 2012 2:48 pm 
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neonzx wrote:
Nate Nibbles wrote:
What would be the upside to beating this dead horse..it cannot be that they are right.

Yes, it is that they believe they are right. And they will continue to :horse: until Obama is no longer in office 2017.

FIFY

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PostPosted: Tue Feb 28, 2012 2:49 pm 
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 ! raicha wrote:
The "dead horse" discussion is off-topic. Please take it elsewhere.

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PostPosted: Tue Feb 28, 2012 2:52 pm 
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PostPosted: Tue Feb 28, 2012 2:54 pm 
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raicha wrote:
The "dead horse" discussion is off-topic. Please take it elsewhere.


I'm done with it.

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PostPosted: Tue Feb 28, 2012 2:55 pm 
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Nate Nibbles wrote:
BFB wrote:

Minor doesn't concern itself with nativity. Minor is all about women's suffrage.



Well, I hate to pick nits, but the court turned down Minor's claim on the 14th Amendment to gain women's suffrage because of the fact she was a Natural Born Citizen.

You are not picking nits. You are inventing nits that do not exist.

The court turned down Minor's claim because suffrage was never a privilege or immunity of citizenship in the first place. If Minor was not a citizen, she did not have the right to vote, true. But if Minor was a citizen, she still did not have the right to vote. Citizenship was completely irrelevant to whether or not she had the right to vote.

Nate Nibbles wrote:
Then they defined it - that is called an independent ground, and that is a legal term which means that it is part of the holding.

Nothing could be further from the truth. They neither defined it, nor magically converted their dicta regarding it into a holding.
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A judge’s power to bind is limited to the issue that is before him; he cannot transmute dictum into decision by waving a wand and uttering the word “hold”.

United States v. Rubin
(1979), J. Friendly, concurring


Nate Nibbles wrote:
Minor couldn't use the 14th because she was born to two parent citizens in the country - a born citizen not needing statutory law to claim citizenship or the rights it gives - ergo, her claim failed. You can't discount the reason why she couldn't use the 14th just because of why she was trying to use it.

A complete and actually quite clueless reading of the decision. The citizenship clause of the 14th Amendment had nothing to do with the case. The only reason the 14th Amendment was relevant was because it was the source of the "privileges or immunities" clause under which Minor claimed a Constitution right to suffrage. The "privileges or immunities" clause is relevant to any citizen, regardless of their class. It is as valid of naturalized citizens as of natural born.

Nate Nibbles wrote:
Sorry, but I was looking for an actual answer, not just a "birfer bs" auto response. And not about Minor for that matter.

At this point, I am confident you have received one. Do you not agree?

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PostPosted: Tue Feb 28, 2012 2:58 pm 
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 ! raicha wrote:
There are multiple threads discussing Minor. This is not one of them. EVERYONE, please take the nitpicking elsewhere.

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PostPosted: Tue Feb 28, 2012 6:14 pm 
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Re: Barnett and Taitz (the topic of this thread).


Barnett is a client of Taitz. (A current client, even: Barnett just had her name put on a published case out of the 9th Circuit, in which Taitz represented Barnett.)

Aren't there rules about how a lawyer is supposed to interact with a client? :-k

And if a client feels her or his lawyer has acted improperly, isn't there's an agency dedicated to hearing those complaints? :-k

Is Barnett aware of all this?

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PostPosted: Tue Feb 28, 2012 6:36 pm 
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Didnt Pammy just write a "first hand account" of Orly's exploits in Indiana? Seems she liked her then even though Orly was already dissing the superpac.

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PostPosted: Tue Feb 28, 2012 7:56 pm 
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Offtopic :
I suggest Nibbles be shown the bridge. I believe that is the place for spammers and those who can't follow the rules or the discussion.

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PostPosted: Tue Feb 28, 2012 8:06 pm 
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So Tonto finally came to the realization that the Lone Ranger is out of silver bullets.

See ya, Kimosabe!

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PostPosted: Tue Feb 28, 2012 8:17 pm 
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Has Orly responded to this yet?

-xx

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PostPosted: Tue Feb 28, 2012 8:20 pm 
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Sterngard Friegen wrote:
Offtopic :
I suggest Nibbles be shown the bridge. I believe that is the place for spammers and those who can't follow the rules or the discussion.
Offtopic :
There's nothing wrong with the major question he asked, why do birthers cling to the BC and other nonsense and in fact a thread was begun to discuss it. The fact he doesn't "get" the holding in Minor doesn't make him a birther nor does that in and of itself deserve placing under the bridge. He also has not violated the rules any more than the regular posters do on a daily basis.

Everyone who doesn't agree do not necessarily get tossed under the bridge.

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PostPosted: Tue Feb 28, 2012 8:35 pm 
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Piffle wrote:
So Tonto finally came to the realization that the Lone Ranger is out of silver bullets.


What do you mean "we"? ... paleface!

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PostPosted: Tue Feb 28, 2012 8:35 pm 
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A Legal Lohengrin wrote:
So sue her or STFU. Either way, we'll be laughing.


After reading the entire open letter, it appears that they have had a lawyer contact Orly with demands. I have almost no doubt that Orly is looking at a lawsuit. And unlike her accusations against Lisa Liberi, what Orly has been writing is pure libel unless she can prove her accusations.

Let me ask my Dr. Freud Therapy Ball (magic eight ball; yes, I actually have 2 Dr. Freud Therapy balls) what he thinks:

"Dr. Freud, will Orly be sued by Pambly?"

Dr. Freud: "Go to your happy place."

We all know that birfer wars are one of the things that make me happiest! Game on!


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Freud Therapy Ball.jpg

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PostPosted: Tue Feb 28, 2012 9:21 pm 
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PostPosted: Tue Feb 28, 2012 9:50 pm 
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Maru wrote:
Didnt Pammy just write a "first hand account" of Orly's exploits in Indiana? Seems she liked her then even though Orly was already dissing the superpac.

If I remember correctly, the "first hand account" was actually from Kessler or possibly the other Indiana non-client. Pammy did publish it, though, including its praise of the job Orly did.

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PostPosted: Tue Feb 28, 2012 11:29 pm 
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Quote:
"Nate Nibbles "Hey mate... that wasn't my question. My question is why are they still beating this dead horse, the birth certificate? Thats my question. Forger minor. That would be for SCOTUS to deal with and I don't see nothin on the docket on Minor, ya dig?

Why keep the stupid birth certificate in the news?"


The efforts to "keep the stupid birth certificate in the news" have the same intent as the false claims regarding Minor v. Happersett, to assert doubt regarding President Obama's eligibility to hold the office to which he was elected.

What do these "birther" assertions have in common?

"He was born in Kenya!" "Dual citizens can't be natural born US citizens!" "He was born in Canada!" "He's still a British Subject!" "Americans couldn't travel to Pakistan in 1981!" "His grandmother says he was born in Kenya!" "His birth certificate is a forgery!" "He is an Indonesian citizen!" "Natural born citizens must have 2 citizen parents!" "Wong Kim Ark wasn't a natural born citizen!"

They are all lies.

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