IN THE CIRCUIT COURT OF THE SECOND JUDICIAL CIRCUIT IN AND FOR LEON COUNTY, FLORIDA

MICHAEL C. VOELTZ,

) ) Plaintiff, ) ) vs. ) ) BARACK HUSSEIN OBAMA, et. al. ) ) ) Defendants. ) ) ____________________________________________ )

Case No.: 2012CA00467

PLAINTIFF'S REPLY TO DEFENDANT OBAMA'S MEMORANDUM OF LAW OF JUNE 15, 2012 IN SUPPORT OF HIS MOTION TO DISMISS AND PLAINTIFF’S SECOND SUPPLEMENTAL MEMORANDUM

Plaintiff Michael Voeltz, submits this reply memorandum to further show that justiciable causes of action have been clearly plead and established, and providing further evidence of the meaning of "natural born citizen.” When the Florida Democratic Party submitted Defendant Obama's name, and his name alone, as a candidate for the Presidential Primary, it was plead and made clear that he is the nominee. He was elected as of January 31, 2012, the date of the Presidential Primary. The winner of the Presidential Primary is, by law, the nominee for the Democratic Party. Based on these events, there has been a nomination that may be contested "by any elector qualified to vote in the election." Section 102.168(1).

Plaintiff has alleged in his Complaint that Barack Obama fails the eligibility requirement of being a "natural born citizen" as required by the Constitution. Under Florida law, Plaintiff, as a voter and taxpayer, has a clear cause of action to bring this case, and it is up to the Court to determine eligibility. 1. Additional Evidence on the Meaning of "Natural Born Citizen" In furtherance of the law presented in Plaintiff's Supplemental Memorandum on the Definition of "Natural Born Citizen," Plaintiff now sets forth additional evidence of the definition of the term "natural born citizen" in reply to Defendant Obama’s latest filing. The founders of the Constitution were very concerned about the danger of foreign influence undermining American society, so much so, that John Jay wrote five Federalist Papers on the dangers of foreign influence (#2-6), and George Washington warned direly about it in his “Farewell Speech” in 1796: “Against the insidious wiles of foreign influence (I conjure you to believe me, fellow-citizens) the jealousy of a free people ought to be constantly awake, since history and experience prove that foreign influence is one of the most baneful foes of republican government”. In order to protect and safeguard against this foreign influence, the founding fathers placed within the Constitution the unique requirement that the President of the United States, the highest office in the land, be a "natural born citizen." The term "natural born citizen" was well established at the time the Constitution was drafted and enacted, coming from the law of nations as compiled and set forth in the historic treatise the “Law of Nations,” a treatise crafted by the reknowned Emmerich de Vattel, and which the framers consulted and replied upon in crafting and enacting the Constitution. In a section titled "Of the Citizens and Natives" the "Law of Nations" spoke of the difference between citizens and natural born citizens as follows.

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“The citizens are the members of the civil society; bound to this society by certain duties, and subject to its authority, they equally participate in its advantages. The natives, or natural-born citizens, are those born in the country, of parents who are citizens." "Law of Nations," Book 1, Chapter 19, § 212 (emphasis added)(Exhibit 1). Vattel went on to clarify and confirm, the “country of the father is the country of the son.” Id. Not coincidentally, the Supreme Court in The Venus, 12 U.S. 253 (1814), Justice John Marshall, in a case entirely decided by the legal concepts of the law of nations, directly quotes the above definition by Vattel almost verbatim. Justice Marshall wrote: “Vattel, who, though not very full to this point, is more explicit and more satisfactory on it than any other whose work has fallen into my hands, says 'The citizens are the members of the civil society; bound to this society by certain duties, and subject to its authority, they equally participate in its advantages. The natives or indigenes are those born in the country of parents who are citizens. Society not being able to subsist and to perpetuate itself but by the children of the citizens, those children naturally follow the condition of their fathers, and succeed to all their rights.'” The Venus, 12 US 253, 289 (1814). Justice Marshall went on to explain: “The writers upon the law of nations distinguish between a temporary residence in a foreign country for a special purpose and a residence accompanied with an intention to make it a permanent place of abode. The latter is styled by Vattel "domicile," which he defines to be, "a habitation fixed in any place, with an intention of always staying there." Such a person, says this author, becomes a member of the new society, at least as a permanent inhabitant, and is a kind of citizen of an inferior order from the native citizens, but is nevertheless united and subject to the society without participating in all its advantages”. Id. at 278. Thus, The Venus stands for the proposition that allegiance to one's country cannot be established by domicile because it is easily disintegrated when a person moves back to his native country. The framers wanted a solid bond to one's country. Citizenship through this temporary allegiance cannot be what the framers were looking for when requiring the future president to be a "natural born citizen," for the purpose of the prevention of foreign influence. The framers desired and mandated that a deep abiding allegiance to the United States for the future president

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must be had, as this person would be the Commander In Chief of the U.S. Armed Forces. They were looking for allegiance derived from at least naturalized U.S. Citizen parents, on the standing of a "Native," who had legally thrown off native allegiances and pledged sole allegiance to their new nation, not the temporary allegiance of inhabitants, simply changed by moving domicile. As stated in Plaintiff's Supplemental Memorandum, the definition that a natural born citizen was one born in the country with two citizen parents, was the prevalent view of the time. In his landmark treatise "A Treatise on Citizenship," following the law of nations codified in Vattel’s "Law Of Nations," Alexander Peter Morse definitively stated and reiterated the accepted law on "natural born citizen," "A citizen, in the largest sense, is any native or naturalized person who is entitled to full protection in the exercise and enjoyment of the so-called private rights. The natural born, or native is one who is born in the country, of citizen parents." Morse, Alexander Peter, A Treatise on Citizenship pp. xi (1881)( Exhibit 2). "Under the view of the law of nations, natives, or natural born citizens, are those born in the country, of parents who are citizens." Id. at §7. The Supreme Court has similarly made clear that "citizen" and "natural born citizen" were two distinct and separate terms. Less than a decade after the passage of the Fourteenth Amendment, the Supreme Court clarified that only "all children born in a country of parents who were its citizens" were in turn "natural born citizens." Minor v. Happersett, 88 U.S. 162, 167 (1875). Justice Horace Gray's Supreme Court opinion in United States v. Wong Kim Ark, a case cited by Defendant Obama, merely held that the children of domiciled resident aliens, would be" citizens" at birth, if born in America, since they would be “subject to the jurisdiction" of the

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United States through the jurisdiction had over their parents. United States v. Wong Kim Ark, 169 U.S. 649 (1898). This case merely determined that the child was a "citizen" and did not establish that he was a "natural born citizen" since that was not at issue. In fact, "natural born citizen," a requirement for president, had nothing to do with the case. Not surprisingly, Justice Grey reiterated the Minor v. Happersett definition, that natural born citizens are born of two U.S. citizen parents, and noted that the parents at issue in the Wong Kim Ark case were not U.S. citizens. Id. citing Minor v. Happersett, 88 U.S. 162. Justice Gray certainly was not ruling that children of domiciled resident aliens were natural born citizens, eligible to be president.

Even more, there is clear evidence the founding fathers studied, utilized, and incorporated the law of nations codified in Vattel's “Law of Nations” in the crafting and enacting of the Constitution, and frequently consulted Vattel’s “Law of Nations” thereoften for guidance.

In a letter from Benjamin Franklin to Charles Dumas, editor of the 1775 edition of the Law of Nations, Franklin specifically thanks Dumas for providing him with copies of the “Law of Nations.” This Founding Father and framer wrote:

"I am much obliged by the kind present you have made us of your edition of Vattel. It came to us in good season, when the circumstances of a rising state make it necessary frequently to consult the law of nations. Accordingly that copy, which I kept, (after depositing one in our own public library here, and sending the other to the College of Massachusetts Bay, as you directed,) has been continually in the hands of the members of our Congress, now sitting, who are much pleased with your notes and preface, and have entertained a high and just esteem for their author." Benjamin Franklin Letter, pp. 1. (Exhibit 3)(emphasis added). This letter of Benjamin Franklin is a certified copy from the Library of Congress and has been attached as Exhibit 3. Franklin, who was instrumental in the drafting and enacting of the Constitution, provides confirmation that

5

those drafting the Constitution were "frequently consulting" the law of nations codified in “Law of Nations.” The framers then knew of and incorporated the definition of "natural born citizen" which was provided twice within the “Law of Nations.”

Not surprisingly, a direct reference to legal incorporation of the law of nations as codified in Vittel’s "Law of Nations" also appeared in the Constitution itself. In Article 1, Section 8, the Constitution granted enumerated powers for the legislative branch. One of these enumerated powers was "To define and punish Piracies and Felonies committed on the high seas, and Offenses against the Law of Nations;" U.S. Constitution, Article I, Section 8, Clause 10 (emphasis added). The framers took care in incorporating and recognizing the law of nations, and providing Congress with a means of legislating crimes committed against it.

Even after the Constitution was written, Vattel’s "Law of Nations" continued to be consulted and utilized by the leaders of the United States. On October 5, 1789, President George Washington borrowed from the New York Society Library a copy of Vattel's “Law of Nations,” as evidenced by his entry in the ledger. An article with the picture of the ledger has been attached as Exhibit 4 along with a confirmation by the head Librarian of the New York Society Library that the article is accurate. In short, the Supreme Court's decision in Minor v. Happersett recognized the law of nations' definition of "natural born citizen" which was adopted by the framers of the Constitution.

2. Florida's Challenge of Elections Works in Conjunction With the U.S. Constitution Defendants disingenuously allege that for Florida to determine eligibility would be contrary to the Constitution, specifically the Twentieth Amendment and 3 USC §15. This

6

argument is non-meritorious. The Twentieth Amendment simply states the procedure "if the President elect shall have failed to qualify." There is no mention about the method of qualification, only that the electors shall meet and vote by ballot. Defendant Obama claims federal statute 3 USC § 15, "describe[s], in detail, the process for raising and resolving challenges to the qualifications." Yet this statute simply states the procedure for counting the electoral votes, and objections if improper votes are cast. Nothing is stated about challenging the qualification of a candidate. Nor is Florida law interfering with presidential electors. The Florida law allows challenges to those who are nominated or elected. These actions occur before the electors cast their votes, and are simply in place to ensure that the presidential elector votes for an eligible candidate. It would surely be possible for a disqualified candidate to be declared ineligible, leaving the electors with the duty to vote for the remaining candidates. This is precisely the outcome Plaintiff, a registered member of the Democratic Party, and Florida law seek to avoid. Plaintiff wishes to ensure that if Defendant Obama is the Democratic Party nominee then his vote, and the vote of the presidential elector, will not end up going to the other candidates and/or for naught. A presidential election is not, ipso facto, an exclusively federal process. In fact, electors, those chosen to ultimately select the President, were to be designated exclusively by the state legislatures. Article II, section 1, clause 2. Presidential elections are thus a cooperative and complementary effort of both the state and federal government. The state of Florida, through its legislative branch, is simply ensuring that eligible candidates, for all elected offices, are chosen. Thus, there is thus no preclusion under any law which Defendants Obama has argued. CONCLUSION

7

With all this evidence, it clear not only that Plaintiff has established clear causes of action but also that Defendant Barack Obama has not, and cannot, meet the requirement of "natural born citizen." Even if Defendant Obama was born within Hawaii -- and there are sworn controverted facts contained in affidavits before the court in his regard-- he was born to a father who was a British subject and not a U.S. citizen. Since Defendant Obama was not born to two U.S. citizen parents he is not a "natural born citizen," and is not eligible for the 2012 Florida primary, general election, or for the Office of the President of the United States. Moreover, Florida's election laws work in conjunction with federal laws, and are not precluded. Defendant Obama’s eligibility to run for president on the Florida ballot should not and cannot, under Florida election law, be treated any differently than would be the case with any other candidate for federal or state office – simply because he is currently president. Under our system of justice, no one is above the law, and indeed as one of the greatest founding fathers and later presidents, John Adams, stressed at the time that the Declaration of Independence was signed in Philadelphia in 1776, the new republic and nation was created to be a “country of laws and not men.” This honorable court is respectfully asked to analyze and rule upon the applicable facts and laws in this context and Plaintiff has faith and prays that it will. For all these reasons, Plaintiff respectfully requests that this Court deny Defendants' Motions to Dismiss or Alternative Motion for Summary Judgment.

Dated: June 15, 2012

Respectfully submitted,

/s/ Larry Klayman Larry Klayman, Esq. F.L. Bar No. 246220

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Klayman Law Firm 2020 Pennsylvania Ave. NW, Suite 800 Washington, DC 20006 Tel: (310) 595-0800 Email: leklayman@gmail.com

9

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6/14/12

Overdue: Shedding some light on the George Washington library book story « BonnevilleMariner.com

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Overdue: Shedding some light on the George Washington library book story
27 May

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Overdue: Shedding some light on the George Washington library book story « BonnevilleMariner.com

(http://bonnevillemariner.files.wordpress.com/2010/05/law-of-nations.jpg) The copy of Vattel's The Law of Nations that was given to the New York Society Library by George Washington's Mount Vernon Estate I’m at once amused and fascinated by the matter of George Washington’s overdue library books. Amused because, after all, Washington sewed seeds that changed the world. Men of his honor and caliber rarely grace the history pages. Considering the political scandals of present, it’s fun to look back on trivialities of the past. My fascination with this story is based less on the historical facts themselves and more on the process of connecting the jigsaw puzzle. I hated history in high school (no offense, Mr. Madsen) because the work had been done for me. My grade depended on memorization and regurgitation, not investigation. I wonder how many kids who think they hate history would realize they actually love it if their teachers thought outside the textbook. My post (http://bonnevillemariner.wordpress.com/2010/05/26/update-george-washingtons-221-yearoverdue-library-book-finally-returned/) about Washington’s library books last week was supposed to be a simple Friday blurb about an interesting historical factoid (a great date night conversation piece!). But the more I researched this story, the more questions arose. Not big conspiratorial questions– just curious questions about the timeline and some inconsistencies in the press reports. Some news reports had mentioned two books, others mentioned only one. Beyond this, I wished somebody had taken time to flesh the story out a little more. I started by contacting the New York Society Library (http://www.nysoclib.org/) and the media office at George Washington’s Mount Vernon Estate & Gardens (http://www.mountvernon.org/) to ask for help. Both parties were extremely helpful, taking time to answer my questions and send me all sorts of good information. The information presented below was culled from Washington’s diary, press kits, and my interviews with NYSL and Mount Vernon staff. So, I’d like to present you what the late Paul Harvey would call “the rest of the story.” THE CONTEXT In 1789, the U.S. government was based out of Federal Hall at Wall and Broad Streets in Lower Manhattan. Occupying the top floor of the building was the New York Society Library, which was founded in 1754. The library was a useful resource for government officials and it was frequented by the likes of Alexander Hamilton, Aaron Burr, John Jay, and sometimes the president himself. By fall of 1789, Congress was in recess and the president was preparing to tackle the touchy issue of diplomatic affairs with Britain. In fact, he’d be meeting with Chief Justice John Jay and Treasury Secretary Alexander Hamilton about these matters on October 7. Given these circumstances, it’s no surprise that Washington would check out library material on British parliamentary dealings and international diplomacy.

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6/14/12

Overdue: Shedding some light on the George Washington library book story « BonnevilleMariner.com

(http://bonnevillemariner.files.wordpress.com/2010/05/federal-hall.jpg) Federal Hall, the shared location of the New York Society Library and the Federal government in 1789 (courtesy of the New York Society Library) THE TIMELINE October 5, 1789: Washington (or an aide- we don’t know) walked upstairs and checked out two books from the library: The Law of Nations by Emmerich de Vattel and Vol. 12 of the Commons Debates. The transaction is recorded in the library’s leather-bound charging ledger. In the borrower column, the librarian simply writes “President.” October 15, 1789: Washington leaves New York for a tour of New England. Though he keeps a detailed diary, no mention of the books is made. November 2, 1789: The books are due, but Washington is fishing for cod off of New Hampshire’s Portsmouth Harbour. Washington notes in his diary that he and his companions only caught two fish between them. Then, in true fisherman tradition, he justifies the skunking by blaming an improper tide. The library books are likely the last things on his mind. Though no official fine record exists, a pennies-per-day fine would begin accruing after this date. April 1792: The 18 lb. ledger is filled and is filed away. It is later misplaced– likely during one of the library’s re-locations. Dec. 14, 1799: George Washington dies at Mount Vernon. Most of his belongings, including books,
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6/14/12

Overdue: Shedding some light on the George Washington library book story « BonnevilleMariner.com

are divided up among his family. 1934: NYSL staff rediscover the deteriorating ledger in the basement of the library’s fourth Manhattan location. The ledger’s pages crumble to the touch, so it is used only rarely for reference until the beginning of its restoration in 2007. NYSL staffer Sara Holliday suspects that the Washington transaction was noticed sometime after the ledger was found, as it had been discussed unofficially and anecdotally among library staff for years. 2007: NYSL begins restoring and digitizing the ledger. 2010: Restoration complete, NYSL staff check their inventory again. Washington’s books are still missing. The New York Daily news picks up on the Washington transaction and breaks the story. The fine estimate of $300,000, according to Holliday, was calculated by the Daily News, not the NYSL. She says fine policies changed over time, and that an exact total would be tough to determine. Anyway, it’s something the NYSL has no interest in tracking. Upon hearing about the overdue books, staff at Mount Vernon search their own archives with no luck. Considering The Law of Nations the much more significant of the two books, they purchase an identical copy online for an undisclosed amount (I’m told the price reported by one outlet and echoed in several others is inaccurate). May 19, 2010: In a ceremony at NYSL, Mount Vernon President James Rees and Librarian Joan Stahl present the replaced book. Most media reports focus only on the return of The Law of Nations, making no mention of the still missing Commons Debates. THE EVIDENCE Holliday says restoring the ledger familiarized NYSL staff with habits of their 18th Century counterparts. Patrons from the Federal government were commonly referred to by their titles, which is why the informal “President” appears next to Washington’s checkouts in the images below.

(http://bonnevillemariner.files.wordpress.com/2010/05/ledger-highlight.jpg) Exhibit A: the portion of NYSL's charging ledger that shows the Washington transaction. I've highlighted the relevant rows.
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6/14/12

Overdue: Shedding some light on the George Washington library book story « BonnevilleMariner.com

(http://bonnevillemariner.files.wordpress.com/2010/05/ledger-markup.jpg) Exhibit A.1: The same portion of the ledger, but I've identified the columns. Washington is off the hook– at least for The Law of Nations. And that’s where the media called it good and skipped out. But the father of our country still has one overdue book out, and though history has certainly forgiven this oversight, it’s going to drive me nuts until somebody finds it. Maybe it’s time to book a trip back east! ——Copyright 2010 BonnevilleMariner.com. All images courtesy of the New York Society Library. Special thanks to the NYSL (http://www.nysoclib.org/)‘s Sara Holliday and Mount Vernon (http://www.mountvernon.org/)‘s Melissa Wood and Joan Stahl. 3 Comments Posted by bonnevillemariner on May 27, 2010 in Americana, History Tags: george washington, law of nations, mount vernon, new york society library

3 Responses to Overdue: Shedding some light on the George Washington library book story
1. Michelle Powell May 27, 2010 at 2:56 pm WOW…..EXCELLENT investigative work once again! I love reading your articles! Just don’t leave us Utahns behind when the New York Times calls to offer you a job! We’d be miserable
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6/14/12

Overdue: Shedding some light on the George Washington library book story « BonnevilleMariner.com

with boring articles if you left us! (It’s going to bug me as well until that other book is found! I am fascinated with George Washington….I was born the same day as he was 2/22. It bugs me that they returned the book 221 years overdue. WHY did they not wait one more year and return it 222 years later! Haha! I Love numbers as well! Reply bonnevillemariner May 27, 2010 at 8:58 pm Thanks, Michelle. I can’t leave Utah– there are too many stories to tell about our neck of the desert! Reply 2. Robert Petrie June 4, 2010 at 1:09 pm This almost pains me to write this to inform Michelle that George Washington was born on February 11, 1732. The British empire accepted the Gregorian calendar in 1752 adding 11 days. 2 September 1752 was followed by 14 September 1752. To make amends, please visit the New-York Historical Society after we reopen on 11/11/2011 and I’ll show you part of the balcony railing of Federal Hall and the chair Washington used during his inauguration. Bob Petrie, Docent N-YHS Reply

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6/14/12

NYSL Article: Book Selections of Founding Fathers by William J. Dean (2007)

ARTICLE:

Book Selections of Founding Fathers
William J. Dean, New York Law Journal (2007)

This article is reprinted with the permission of the New York Law Journal, where it first appeared on Feb. 8, 2007.

O

n April 30, 1789, from the balcony of Federal Hall, George Washington took the oath of office as President of the United States. The president and Congress shared space in Federal Hall with the New York Society Library.

The library had been founded in 1754 by a group of six young New Yorkers - five lawyers and a merchant - in the belief that "a Publick Library would be very useful, as well as ornamental to this City..." In the view of one founder, New York lacked "a spirit of inquiry among the people. It is indeed so prodigious that in so populous a City...few Gentlemen have any relish for learning. Sensuality has devoured all greatness of soul and scarce one in a thousand is even disposed to talk serious." Books were ordered from England. They included a "Life of Mahomet," the works of Milton and Locke, a history of France ("the best"), lives of Cromwell and Tsar Peter, "All Cicero's Works that are translated," and debates in Parliament. In October 1754, the books arrived from England on the Captain Miller. With a library, New York now had an opportunity, the New York-Mercury editorialized, to "show that she comes not short of the other Provinces, in Men of excellent Genius who, by cultivating the Talents of Nature, will take off that Reflection cast on us by the neighbouring Colonies, of being an Ignorant People." From 1774 to 1788, the library suspended operations. During the Revolutionary War, British soldiers carried away library books in their knapsacks, bartering them for grog. 600 books were removed to St. Paul's Chapel. When the library reopened in 1789, it had a collection of 3,100 books. The library was available as a resource to its 239 subscribing members, among them Alexander Hamilton, Aaron Burr and John Jay, and to the president, members of Congress and justices of the Supreme Court. Occupying a room on the top floor,
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NYSL Article: Book Selections of Founding Fathers by William J. Dean (2007)

the library was the only institution in Federal Hall not mandated by the U.S. Constitution. The Library's charging ledger for 1789-92, bound in leather and weighing 18 pounds, was misplaced for years and then found in 1934 in a trash pile in the basement of its fourth home at 109 University Place. (Since 1937, the library has been in its fifth home at 53 East 79th Street.) Today the ledger is a priceless, but crumbling possession, recording titles of books taken out and the names of borrowers. June 24, 1789. The first entry in the ledger records that the Reverend Dr. Lynn borrowed "Animated Nature" by Oliver Goldsmith. Dr. Lynn served as chaplain to the Congress. He was fined seven pence for returning the book late. July 31. "Elements of Criticism - 1 - Ovo. H. Vice-president-self." Shorthand for Vice-President John Adams himself appearing at the library to take out volume 1 of "Elements of Criticism" (octavo size), a philosophical work by Lord Henry Kames. Volume returned on Aug. 17. Aug. 21. Volume 2 taken out by "Doork" for "H. Vice-President." This time, instead of personally coming to the library, the vice-president sent the doorkeeper to collect the second volume of "Elements of Criticism." No record of volume 2 being returned. October 5. "Law of Nations [&] Commons Debates - volume 12 President." Here the ledger records that President Washington took out "The Law of Nations" by Emmerich de Vattel. Also, volume 12 of the House of Commons Debates. The ledger does not record whether the president came in person or sent a messenger, nor is there any record of either volume being returned, or the president or vice-president being fined. Alexander Hamilton borrowed two novels, "The Amours of Count Palviano and Eleanora" and, as recorded in the ledger, "Edward Mortimer (hist. of) by a lady." In 1789, Aaron Burr took out "Revolutions in Geneva"; a volume of Swift; and "Decline and Fall of the Roman Empire" by Gibbon. In 1790, he turned to Voltaire, reading nine volumes and then to the 44 volumes making up the series, "An Unusual History," self-described as a history "from the earliest account of Time, compiled from original authors." His lighter reading included the novels, "Mysterious Husband" and "False Friend." On Feb. 1, 1790, in a building on Broad Street called the Exchange, the U.S. Supreme Court held its first session. The New York Society Library charging ledger records books borrowed by Chief Justice John Jay. These included: Literature. The works of Jonathan Swift; "Don Quixote", Voltaire's,
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6/14/12

NYSL Article: Book Selections of Founding Fathers by William J. Dean (2007)

"Candidus, or "All For the Best," as the volume is noted in the ledger; "The Fair Syrian, a novel"; Frances Burney's, "Cecilia, or Memoirs of an Heiress"; "Arabian Nights Entertainments, consisting of one thousand and one stories, related by the Sultaness of the Indies" and John Aubrey's "Miscellanies," a collection of stories on ghosts and dreams. History. Plutarch's, "Lives"; "Lives of the Admirals, and other Eminent British Seamen"; "The History of the Five Indian Nations of Canada"; "The History of the Revolution of South Carolina, from a British Province to an Independent State"; and "An Essay on the Life of the Honorable MajorGeneral Israel Putnam." Travel. Captain James Cook's, "A Voyage towards the South Pole, and Round the World"; "A Tour through Sicily and Malta"; "Travels into Muscovy, Persia, and Paris of the East-Indies, containing an accurate description of whatever is most remarkable in those countries"; "A Voyage Round the World in the Years 1766-1769," by the Comte Louis Antoine de Bougainville; "A General Description of China, containing the topography of the fifteen provinces which compose this vast empire"; "Travels in Spain"; "Travels to Discover the Source of the Nile in 1768-1773"; and "Travels in North America in the Years 1780-1782", by the Marquis Francois Jean de Chastellux. Science. Comte de Buffon's "Natural History"; "Chambers', Cyclopaedia, or General Dictionary of Arts and Sciences"; and "Essays on the Intellectual Powers of Man." Chief Justice Jay must have had his own collection of law books, for few of the books borrowed by him from the New York Society Library are law-related. What stands out when examining the library's charging ledger is both the breadth of his interests and his wide reading in literature, history, travel and science. May we, as lawyers, be encouraged by his example to expand, through reading, our own horizons. William J. Dean is executive director of Volunteers of Legal Service. He serves as a trustee of the New York Society Library.

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CERTIFICATION I HEREBY CERTIFY that a true copy of the foregoing Plaintiff's Reply to Defendant Obama's Memorandum of Law in Support of His Motion to Dismiss and Plaintiff's Second Supplemental Memorandum has been served by email and the U.S. mail this 15th day of June, 2012 and by hand on June 18, 2012 to the following: Hon. Terry P. Lewis Circuit Judge Leon County Courthouse Room 301-C 301 S. Monroe Street Tallahassee, FL 32301 Daniel Nordy Ashley E. Davis Florida Department of State R.A. Gray Building 500 South Bronough Street Tallahassee, FL 32399 Mark Herron Joseph Brennan Donnelly Robert J. Telfer, III Messer, Caparello & Self, P.A. Post Office Box 15579 Tallahassee, FL 32317 Stephen F. Rosenthal Podhurst Orseck, P.A. 25 West Flagler Street, Suite 800 Miami, FL 33130-1720 Richard B. Rosenthal The Law Offices of Richard B. Rosenthal, P.A. 169 East Flagler Street, Suite 1422 Miami FL 33131 James A. Peters Office of the Attorney General FL-01, The Capital Tallahassee, FL 32399-1050

Counsel for Defendants

Respectfully submitted,

/s/ Larry Klayman Larry Klayman, Esq. F.L. Bar No. 246220 Klayman Law Firm 2020 Pennsylvania Ave. NW, Suite 800 Washington, DC 20006 Tel: (310) 595-0800 Email: leklayman@gmail.com

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