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Swensson v Obama, Proposed Findings of Fact and Conclusions of Law, Georgia Ballot Access Challenge 2-1-2012

Swensson v Obama, Proposed Findings of Fact and Conclusions of Law, Georgia Ballot Access Challenge 2-1-2012

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Swensson v Obama, Proposed Findings of Fact and Conclusions of Law, Georgia Ballot Access Challenge 2-1-2012

http://www.Art2SuperPAC.com
Swensson v Obama, Proposed Findings of Fact and Conclusions of Law, Georgia Ballot Access Challenge 2-1-2012

http://www.Art2SuperPAC.com

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Published by: Article II Super PAC on Feb 02, 2012
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02/02/2012

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OFFICE OF STATE
ADMINISTRATIVE HEARINGS
STATE OF GEORGIA
CARL
SON,
Plaintiff
DOCKET NO.: OSAH -SECSTATE -CE -
1216218-60-MALIHIBARACK OBAMA,
Defendant
OFFICE OF STATE ADMINISTRATIVE HEARINGSSTATE OF GEORGIAKEVIN RICHARD POWELL,Plaintiff
V.
OCKET NO.: OSAH-SECSTATE-CE-
1216823-60-MALIHIBARACK OBAMA,
Defendant
PLAINTIFFS' BRIEF OF LAW REGARDING
MINOR V. HAPPERSETT
AND
THE "NATURAL BORN CITIZEN" CLAUSE OF ARTICLE II
Now come Plaintiffs Carl Svensson and Kev-ate_Richard
_
by and through_ undersigned counsel, and submit this past-hearing
"Brie-t of Law Regarding
R i o v. liappersett
and the 'natural bora
Citizen' Clause of Article LI" for the Court's consideration.
Undersigned counsel would point out that the entire content
of this Brief, with slight modifications, consists of material
written by
Attorney Van R.
Irion in his "Plaintiff Welden's
Page -1-
 
Proposed Findings of Fact and Conclusions of Law" submitted inthe companion matter of David P. Welden v. Barack Obama, GeorgiaOffice of
State
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
the
challenges raised byPlaintiffs to Defendant Obama's qualifications for office.
T.
inor v. Happersett, 88 U.S. 162, 22 L. Ed. 627, 21Wall. 162 (1875)
In
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
Missouri,
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
Natural
Born Citizen Under
Article
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.
Page -2-
 
The
United States Supreme Court defined
the term_ "natural
born Citizen" is
Minor v. Haopersett,
8.8 U.S., at 167. The
Minor
Court establi
shed
that
"it was never doubted that all childrenborn in a country
of
parents
who
were its citizens
became
themselves, upon their birth, citizens also.
These were
natives
or natural-born_ citizens,
as
distinguished from aliens or
foreigners."
Id.
It is clear that the (.nor Court was referring to the term
.
"natural born
Citizen,
_
" as it
appears in Article II of the
Constitution
because, in the paragraph preceding the definitionquoted here, that Court quoted
,
the Article II requirement thatthe President must be a "natural born Citizen."
TheMinor Court's definition of
"natural
born Citizen" is
immediately followed by a. statement that "there have been doubts"
about
the broader class of people identified as "citizens,"
Id.
However,
this statement is
immediately followed by the
clarification
that
there have "never been doubts"
as to
the
narrower class of "natural bornCitizen[s]." Id.
This
understanding of the
Minor Court's
statement is
supported by itsextensive discussion of
the broader term "citizen" at the
beginning of the Court's opinion.
Id.
at 166. The Court
concludes its
discuSsion of the term citizen, by
stating,
"When
used
in
this
sense it is
understood as
conveying
theidea of
membership of a.
nation,
and nothing more,"
Id.
The Court,
Page -3-

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