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Tisdale Amicus Brief to 4th Circuit Court of Appeals FILED 3-20-12

Tisdale Amicus Brief to 4th Circuit Court of Appeals FILED 3-20-12

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Published by puzo1
Amicus curiae brief filed by Mario Apuzzo, Esq. in the Obama eligibility case pending in the Fourth Circuit Court of Appeals
Amicus curiae brief filed by Mario Apuzzo, Esq. in the Obama eligibility case pending in the Fourth Circuit Court of Appeals

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Published by: puzo1 on May 08, 2012
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05/24/2012

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No. 12-1124
UNITED STATES COURT OF APPEALSFOR THE FOURTH CIRCUIT
________________________
CHARLES TISDALE
Plaintiff-Appellant 
v.
THE HONORABLE BARACK H. OBAMA, II, PERSONALLY ANDIN HIS OFFICIAL CAPACITY AS PRESIDENT OF THE UNITEDSTATES, AND DON PALMER, IN HIS OFFICIAL CAPACITY ASSECRETARY OF THE VIRGINIA STATE BOARD OF ELECTIONS,AND THE VIRGINIA STATE BOARD OF ELECTIONS, AND NEILH. MACBRIDE, IN HIS OFFICIAL CAPACITY AS UNITED STATESATTORNEY FOR THE EASTERN DISTRICT OF VIRGINIA, ANDTHE FEDERAL ELECTION COMMISSION
,
 Defendants-Appellees
________________________ON APPEAL FROM THE UNITED STATES DISTRICT COURTFOR THE EASTERN DISTRICT OF VIRGINIA AT RICHMOND(The Honorable John A. Gibney, District Judge)________________________
BRIEF OF AMICUS CURIAE INSUPPORT OF THE PLAINTIFF-APPELLANTAND URGING REVERSAL AND REMAND
________________________Mario ApuzzoLaw Offices of Mario Apuzzo185 Gatzmer AvenueJamesburg, New Jersey 08831(732) 521-1900On the Amicus Curiae Brief 
Appeal: 12-1124 Document: 12-2 Date Filed: 03/20/2012 Page: 1 of 42
 
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CORPORATE DISCLOSURE STATEMENT
Amicus curiae is a natural person and an attorney at law of the Stateof New Jersey. He is not a publicly held corporation or other publicly heldentity. Amicus curiae does not have any parent corporations. Amicus curiaeis a natural person and does not issue any stock. No publicly heldcorporation or other publicly held entity has any ownership interest inamicus curiae. There is no other publicly held corporation or other publiclyheld entity that has a direct financial interest in the outcome of this litigation.Amicus curiae is not a trade association. This case does not arise out of abankruptcy proceeding.
CERTIFICATE OF SERVICE
I certify that on March 20, 2012, the foregoing document was servedon all parties or their counsel of record through the CM/ECF system if theyare registered users or, if they are not, by serving a true and correct copy atthe addresses listed below. I also served a hard copy by mail on the pro seplaintiff-appellant, Charles Tisdale, by sending him a copy at his address of record which is Charles Tisdale, P.O. Box 401, Richmond, VA 23970.Dated: March 20, 2012 s/Mario ApuzzoMario Apuzzo
Appeal: 12-1124 Document: 12-2 Date Filed: 03/20/2012 Page: 2 of 42
 
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TABLE OF CONTENTS
CORPORATE DISCLOSURE STATEMENT…………………………… 2TABLE OF AUTHORITIES……………………………………………… 5STATEMENT OF IDENTITY, INTEREST IN CASE,AND SOURCE OF AUTHORITY TO FILE……………………………... 9SUMMARY OF ARGUMENT……………………………………………12ARGUMENT………………………………………………………………12I. THE DISTRICT COURT ERRED IN HOLDING THAT THOSEBORN IN THE UNITED STATES, REGARDLESS OF THECITIZENSHIP OF THE PARENTS, ARE CONSIDERED ARTICLEII “NATURAL BORN CITIZENS”………………………………………. 12A. The Rule of Constitutional Construction…………………13B. The Constitutional Text……………………………………… 13C. The Constitutional Structure………………………………… 14D. Historical Evidence…………………………………..………. 141. Purpose of the “Natural Born Citizen” Clause……….. 152. The Founders and Framers Looked to the Lawof Nations and Emer de Vattel and Not the EnglishCommon Law for Their Definition of a “NaturalBornCitizen”………………………………………….. 173. David Ramsay………………………………………….204. The Early Naturalization Acts…………………………215. St. George Tucker………………………………….… 22E. The Fourteenth Amendment………………………………….. 26
Appeal: 12-1124 Document: 12-2 Date Filed: 03/20/2012 Page: 3 of 42

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