Proposed Findings of Fact and Conclusions of Law" submitted inthe companion matter of David P. Welden v. Barack Obama, GeorgiaOffice of
Administrative Hearings, Docket No- OSAH-
SECSTATE-CE-1215137-60-MALIHI. Attorney Irion's material is used
with the express consent and permission of Attorney Irion, andthis material is offered in support of Plaintiffs' positionstaken in the instant cases concerning the applicability of Minorv. Happersett and the "natural born Citizen" Clause of Article IIof the United States Constitution to
challenges raised byPlaintiffs to Defendant Obama's qualifications for office.
inor v. Happersett, 88 U.S. 162, 22 L. Ed. 627, 21Wall. 162 (1875)
Minor v. Happersett,
the United States Supreme Court was
presented the question: does the 14th Amendment grant all
citizens the right to vote? Minor, a woman living in
challenged that state's constitutional prohibition against women
voting. The Court held that women could be citizens before
ratification of the 14th Amendment, but that the 14th Amendmentcreated no new privileges or immunities.
1. Minor Court's Definition of
Born Citizen Under
Nothing herein should be read as an attempt to independently construe
the United States Constitution. To the contrary, this section and the
following section of this brief are simply intended to set forth theconstruction established by United States Supreme Court precedent.