Is Neal Katyal a natural born citizen? (were his Indian parents US citizens?) #2. Neal Katyal on citizens and aliens #3. Neal Katyal on case law (“judicial sunset”) #4. Neal Katyal and Paul Clement in Hamdan v. Rumsfeld, 548 U.S. 557 (2006)

The following lecture took place on April 10, 2008 while George W. Bush was still President and Barack Obama had not yet been elected.

“The Principled War on Terror” Neal Katyal, Paul and Patricia Saunders Professor of National Security Law, Georgetown University Law Center [upload May 29, 2008]:

The video is approximately one hour and twenty minutes in length.  Neal Katyal comes on at about the 18:35 minutes mark and speaks throughout the remainder of the video (minus a few minutes of music from a quintet at the very end).

In the video Katyal states that upon meeting his client, Salim Ahmed Hamdan (a citizen of Yemen), for the first time (at Guantanamo Bay detention camp), that Hamdan asked him why that he was representing him (Hamdan v. Rumsfeld, et al.)

50:55 minute mark: “And then I gave him this answer, and it’s the part that motivated me the most in this case and this set of issues. I said you know the reason that I’m here is that my parents came to America with $8 dollars in their pocket, which was all that they were permitted to bring out of India, they didn’t come to America because of the quality of it’s soil, or because of the sports teams, they came to America for a simple reason, they could land on it’s shores and they’d be treated fairly and their children would be treated fairly.

“And when the president [Bush] issued this military order, which said if you’re one of them, if you’re a green card holder, as my parents were, or if you’re a foreigner, one of the 5 billion people, you get the beat up Chevy version of justice, you get sent to Guantanamo. But if you’re and American citizen, accused of the most heinous crime imaginable, the detonation of a weapon of mass destruction, you get the gold standard, you get the American civilian trial.

“I told him that’s why I was so offended, because we haven’t ever had us versus them justice.”

Katyal then tells the audience:

“And while all of the was almost verbatim I didn’t say this but I’ll say it to you in this academic setting, as a person who teaches constitutional law, I think back to those majestic words of the 14th Amendment, Equal Protection of the Laws. Who is it guaranteed to?  Well its guaranteed to persons, all persons, that’s the text. And why does it say that?  There are other these other parts of the 14th Amendment that talk about citizens, special rights for citizens, like social rights and the Privileges and Immunities Clause.  But representative [John Armor] Bingham [R-OH], who wrote the 14th Amendment, said I need to overrule the worst line in the worst Supreme Court case in American history, the line in Dread Scott vs Sanford, which said only citizen have constitutional rights.

“Representative Bingham said we fought a war about that idea and that’s why it reads persons. And indeed the Congress passed right away two laws that made it a federal felony to give aliens different punishments than citizens.  And those laws are still on the books today.”

Katyal then continues to further explain what he calls a “deep logic to insisting on equality” which he states goes all the way back to Chief Justice [John] Marshall in the Supreme Court case McCulloch v. Maryland, 17 U.S. 316 (1819).

Katyal talks about not having to set a “subsidence standard” as long as you insist on “fair treatment” and “equal treatment.”

He also mentions Justice [Antonin Gregory] Scalia in Cruzan v. Director, Missouri Department of Health, 497 U.S. 261 (1990).

He also mentions Justice [Robert Houghwout] Jackson [in Railway Express Agency, Inc. v. New York, 336 U.S. 106 (1949)], “The framers of our constitution knew nothing opens the door to arbitrary action so effectively as to allow officials to pick an choose a few to whom they’ll apply legislative and escape the political retribution that might be visited upon them if larger numbers were affected.”

Katyal states that the idea is to insist on equality to “make the rules symmetric between aliens and citizens.”

Katyal states that “By subjecting those from foreign lands to the same justice that Americans face, America projects not only benevolence but strength.”

Katyal states that, “Carving out special rules for them, and different rules for us, is no way for us to win respect internationally.”

At approximately the 1:03:55 minutes mark Katyal starts to talk about what he calls the “sunset process…applying to judicial decisions.”  He advocates “judicial sunset,” and provides thought-provoking reasoning in support of, for the next several minutes up until about the 1:08:35 minutes mark.

Birthers, Obots and the eligibility skeptics love to cite case law. I’ve never been a big fan of case law myself and I’ve talked in the past about my position on case law with people such as, though not limited to, Charles Edward Lincoln III.

I’ve seen Minor v. Happersett, 88 U.S. 162 (1875) and United States v. Wong Kim Ark, 169 U.S. 649 (1898) cited many times in eligibility issue discussions.

Katyal implies that we shouldn’t make decisions today based on what a judge(s) said a long time ago in a different world.

I don’t want to interject myself into the Minor v. Happersett, 88 U.S. 162 (1875) and Wong Kim Ark, 169 U.S. 649 (1898) debates, I don’t think that I ever have, and I’m not going to start now.  Generally speaking though, I’m not a big fan of case law and I’m open to Katyal’s idea regarding the sunset judicial opinions.

It appears that the closest resemblance (maybe?) to a judicial decision sunset found so far (?) in a US judicial decision/opinion was that in Grutter v. Bollinger, 539 U.S. 306 (2003) regarding affirmative action: “The Court expects that 25 years from now, the use of racial preferences will no longer be necessary to further the interest approved today.”

Last week [Mar. 11, 2015] Neal Katyal and Paul Clement published On the Meaning of “Natural Born Citizen” at the Harvard Law Review Forum.  What many readers probably don’t know is that both Neal Katyal and Paul Clement were attorneys in Hamdan v. Rumsfeld, 548 U.S. 557 (2006) (discussed in foregoing and in the video).

The case was argued before the Supreme Court on March 28, 2006. Attorney Katyal argued on behalf of Hamdan. Attorney Paul Clement, the Solicitor General of the United States, argued on behalf of the US Government.

Hamdan (and Katyal) won the case.

I think we can thank George W. Bush for Katyal’s position on natural born citizen.

I agree with much (almost all of it) of what Katyal says in his lecture (in the video). However, I don’t think that his positions (aside from perhaps disregarding case law) are applicable to the natural born citizen clause.

I recommend watching the entire hour and twenty-two minute lecture.

In closing I want add that I couldn’t find much regarding Katyal’s parents other than the following at KuwaitiFreedom.org:

How an Overachieving Law Professor Toppled the President’s Terror Tribunals

Katyal: I Never Wanted to Sue the President

T.R. Goldman
Legal Times
July 31, 2006

Katyal’s parents emigrated separately from India’s Punjab region in the early 1960s, and while Katyal rarely wears his Indian roots on his sleeve, he does not consciously cover them up, either. His parents did not know each other before they returned to India in 1968 for an arranged marriage. Katyal, following Hindu tradition, arrived at his own wedding in New York state on a horse.

Neal Katyal was born on March 12, 1970 in Chicago, Illinois.  Were his parents, by that time, US citizens?

If they weren’t, is Neal Katyal a natural born citizen?

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[Mar. 11, 2015] Harvard Law Review Forum: On the Meaning of “Natural Born Citizen” by Neal Katyal & Paul Clement

While the field of candidates for the next presidential election is still taking shape, at least one potential candidate, Senator Ted Cruz, was born in a Canadian hospital to a U.S. citizen mother.15× Despite the happenstance of a birth across the border, there is no question that Senator Cruz has been a citizen from birth and is thus a “natural born Citizen” within the meaning of the Constitution. Indeed, because his father had also been resident in the United States, Senator Cruz would have been a “natural born Citizen” even under the Naturalization Act of 1790.

Obama is not mentioned.

Please exercise your free speech in the comments section below. There are no stipulations of political correctness on this blog. Speak your mind, give us your thoughts, both objective and subjective. Share your ideas, hunches, inklings or your expertise. Please provide recommendation and corrections if you spot errors in fact within the blog report. Lastly, remember that posting a comment is much like casting a vote, so please do so.

Posted in Birth Certificates that aid in authenticating "president" Barack Obama's Kenya birth certificate, Bobby Jindal, Eligibility, Jill A. Pryor, Kenya Protectorate, Lucas Daniel Smith, Obama birth certificate, Obama News, Obama Social Security Number (SSN), Ted Cruz | Tagged , , , , , , , , | 25 Comments

Barack Obama Sr and birth certificates in South Carolina

South Carolina ObamaSome skeptics have a difficult time believing that Barack Obama Sr. did not know his true, correct and full date of birth.

It’s likely that Obama senior was born in the year 1936 (click here) or 1934 (click here) but we don’t know for certain which month (June?) and which day (18th?).

His son’s Kenyan (British Protectorate of Kenya) birth certificate list the father’s (Sr’s) date of birth as just 1936 (day and month is not listed):

Barack Obama date of birth

Some skeptics believe that an authentic Kenyan birth record would contain a full date of birth (not just the year) for Obama senior.

We’ve discussed this ad nauseam and we’ve cited other prominent Africans of his time who didn’t know their exact dates of birth. We’ve written about other cultures not placing the same value on dates. Moreover, there are places in Africa today (e.g., the Democratic Republic of the Congo) where people don’t know their exact date of birth nor do they care that they don’t know it.

The significance of today’s report is that we’ve recently learned of something interesting regarding the recording of birth dates in the relatively recent past of the United States.

Of the original thirteen (13) colonies it appears that South Carolina was the first to become a republic and adopt a constitution (March 26, 1776) – Constitution of South Carolina March 26, 1776 (Yale Law School link).  They then elected their first President –  John Rutledge.

That’s all very impressive and commendable but one thing that they didn’t starting doing until 139 years later was recording births in their state.

It appears that the state of South Carolina did not require birth records until 1915.  The only exception seems to be the city of Charleston which kept birth certificates beginning in 1877 and thru 1902.

Does 1915 seem like a long time ago to you?  If so, then please take into consideration that there are still people living who were born before 1915.  Some of them were even born in 1800s:

1.  Misao Okawa, age 117. Born March 5, 1898.

2.  Gertrude Weaver, age 116. Born July 4, 1898.

3.  Jeralean Talley, age 115. Born May 23, 1899.

4.  Susannah Mushatt Jones, age 115. Born July 6, 1899.

5.  Emma Morano-Martinuzzi, age 115. Born November 29, 1899.

If a state which was once one of the original 13 colonies didn’t start recording births until the year 1915 then why is difficult to accept the fact that Kenyans (and other Africans) born in 1936 (or 1934) might not know that exact dates of birth?

Here’s a postcard from colonial Kenya. Do you think that these Kikuyu people had birth certificates or that many of them knew their exact dates of birth?

Kikouyous Kenya postcard nude

Why is that us white people have to record everything?  Why is it so important or essential to know your exact date of birth?  I myself (I guess I’m white, but I don’t really care about being white and it’s no more important to me than what I ate for dinner last night) couldn’t care less about what day or month that I was born.  I do like knowing the year of my birth but that just a personal preference.

All we know for certain here at WOBIK is that Barack Hussein Obama II was born at the Coast Province General Hospital, Mombasa, British Protectorate of Kenya in the year 1961.

In closing here’s an official image of 1952 Verification of Birth for an 1881 birth record on file in Charleston, South Carolina:

Birth Certificate South Carolina 1881

Image credit: Carrie Pollitzer birth certificate, Charleston, South Carolina, December 5, 1881, Anita Pollitzer Family Papers, South Carolina Historical Society. http://ldhi.library.cofc.edu/exhibits/show/pollitzer_family_sc/carrie_pollitzer

Please exercise your free speech in the comments section below. There are no stipulations of political correctness on this blog. Speak your mind, give us your thoughts, both objective and subjective. Share your ideas, hunches, inklings or your expertise. Please provide recommendation and corrections if you spot errors in fact within the blog report. Lastly, remember that posting a comment is much like casting a vote, so please do so.

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Barack Obama 2007 home video

The title of the video says 2006 but it should probably be 2007 (August 2007?).

While Obama is talking at this event he references campaigning in Austin, Texas (which took place in Feb. 2007) which he states was about six months ago.  Furthermore, I don’t think that he was campaigning for president in 2006.

It appears that this fundraising event took place in Prosper, Texas.

At any rate, I agree with almost everything (not everything 100%) Obama says in this 2007 fundraiser.

It appears that only 800 or so people have ever viewed this video online.

The fundraiser itself appears to have been attended by a combination of both white and black Americans (there may have been more blacks than whites).

One of the only things that I disliked a little about the video (aside from the video playing sideways) was the guy towards the end (a white guy? possibly named Walter?) who brings up “rights” (or what he says is not a right).

I agree with Obama that rights are what we decide are rights.

My personal opinion is that if there is a god I don’t think that when he created us humans that he was thinking about Due Process and Freedom of Speech.  But if he was then why did it take thousands (or millions?) of years for man to attain these rights?

Rights are what we decide are rights.

I also believe that some “rights” that we enjoy (I think) as Americans are not written in the US Constitution.  One example is that of private property.  Does the US Constitution stipulates that we have a right to (including to purchase) private property.

Please exercise your free speech in the comments section below. There are no stipulations of political correctness on this blog. Speak your mind, give us your thoughts, both objective and subjective. Share your ideas, hunches, inklings or your expertise. Please provide recommendation and corrections if you spot errors in fact within the blog report. Lastly, remember that posting a comment is much like casting a vote, so please do so.

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Oregon State Senator Elizabeth Steiner Hayward defends medical choice…for herself

If it weren’t for the video evidence of this hearing which captured Senator Elizabeth Steiner Hayward’s hostile and hypocritical outburst, her baffling statement might have become something difficult for many Americans to believe was really and truly said.

A “personal decision” (medical) is ok for her to make in her private life…but not ok for citizens to make.

It appears that this public hearing took place on February 18, 2015.

For readers who aren’t yet aware Senator Elizabeth Steiner Hayward (D-OR) is a member of the Oregon Legislative Assembly.

Please exercise your free speech in the comments section below. There are no stipulations of political correctness on this blog. Speak your mind, give us your thoughts, both objective and subjective. Share your ideas, hunches, inklings or your expertise. Please provide recommendation and corrections if you spot errors in fact within the blog report. Lastly, remember that posting a comment is much like casting a vote, so please do so.

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Bobby Jindal: conceived in India to non-US citizen parents and now thinking about running for US President 2016 (and his Indian born wife Supriya Jolly who worked for Monsanto)

Bobby Jindal Supriya JindalThat’s Louisiana Governor Piyush Jindal (his name’s not really Bobby) and his wife Supriya Jolly in the adjacent picture.

It’s been reported that as a boy growing up in Louisiana he preferred to go by the name Bobby.

“Bobby” Jindal has been Governor of Louisiana since Jan. 2008.

Prior to serving as Governor he was a member of the U.S. House of Representatives (Louisiana – 1st District) from 2005 thru 2008.

His wife Supriya Jolly (they married in 1997) was born in New Delhi, India.  Its been reported that she never really lived in India but rather that her parents (who are from India) were visiting in India when she was born. Apparently she’s spent almost her entire life living in Louisiana.

Bobby Jindal was conceived in India.  He arrived in the United States when his mother was as an approximately five (5) months pregnant with him.

In 1970 his mother Raj Gupta (in India) was offered a scholarship to study at Louisiana State University.  She informed the university that she couldn’t accept because she was pregnant.  She changed her mind after she discovered that she would receive a month off at LSU for childbirth.

Raj Gupta and Bobby Jindal’s father, Amar Jindal, arrived in the United States on February 1, 1971.  Their son was born approximately four (4) months later on June 10, 1971 at the Woman’s Hospital in Baton Rouge, Louisiana.

In May 2011 Jindal released a certified copy of his original 1971 birth certificate (Certificate of Live Birth):

Bobby Jindal birth certificate

Jindal’s birth certificate includes signatures of the attending medical doctor as well as the local Registrar.

Something interesting and noteworthy which we learned recently is that Bobby Jindal’s wife Supriya Jolly worked for Monsanto (!?!?)

Monsanto is an agrochemical &  agricultural biotechnology corporation.  Monsanto is a giant and powerful American multinational entity which spends lots of money to influence members of US Congress.

Most Americans have probably heard of Monsanto because the corporation is steeped in controversy.  Documentary films (e.g., Food Inc and The World According to Monsanto) have been made about them and they’ve dragged American farmers (and farmers across the globe) through the judicial system whenever they’ve found that their patented seeds have blown (as happens in nature) from one farmers field to another farmers field and are now growing without Monsanto’s permission.  Most of the farmers who are hauled into court (and often then lose their farms) had no idea that Monsanto seeds were growing on their property.

Monsanto also claims ‘seed royalties.’  In other words, when you plant their seed and crops grow and, ultimately, produce new seeds those new seeds are also property of property of Monsanto.

We know that many readers here at WOBIK are ardent advocates of intellectual property rights and patent rights but come on…where does it end?

Associate Supreme Court Justice Clarence Thomas worked as an attorney for Monsanto.

Our brief and compact article here regarding Bobby Jindal isn’t the proper venue for to write a thorough report on Monsanto.  If you’ve never heard of Monsanto (I doubt it) then please consider taking a few minutes of your time to google them.

At any rate, we found it noteworthy and interesting that Bobby Jindal’s wife worked for Monsanto.  Much the same way that we found it interesting and noteworthy that Ted Cruz’s wife works for Goldman Sachs (?!?!)– an American multinational investment banking firm that engages in global investment banking, securities, investment management, and other financial services primarily with institutional clients.

Not to mention that Cruz’s wife lived in Kenya as a child (?!?!)

In closing, what are your thoughts regarding Bobby Jindal and the eligibility issue?  Is he eligible to be President?  Directly below are some points to consider before passing judgement:

    Jindal, much like Marco Rubio, was born to non-US citizen parents.

    Something very unique about Jindal’s birth scenario is that not only was he born before his parents became US citizens but that he was ‘conceived’ in India months before his parents ever set foot in the United States.

    We’ve noted in the past that Birthers are a predominantly pro-life bunch and believe that life begins at time of conception.  If that’s true then what role, if any, does conception play in defining what a natural born citizen is?

    Jindal’s wife was born in India

Please exercise your free speech in the comments section below. There are no stipulations of political correctness on this blog. Speak your mind, give us your thoughts, both objective and subjective. Share your ideas, hunches, inklings or your expertise. Please provide recommendation and corrections if you spot errors in fact within the blog report. Lastly, remember that posting a comment is much like casting a vote, so please do so.

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Racist attorney Loren Collins, a libertarian conservative Obot, goes after America’s first black American female Chief Justice – Leah W. Sears (Georgia Supreme Court)

attorney Loren Chirstopher Collins of the Law Office of W BryanFor new readers who aren’t aware of who attorney Loren Collins (Georgia Bar No. 141366) the following is a brief summary:

a.  He’s a peculiar sort of Obot in that he’s never supported Obama and in general he doesn’t like black Americans.

b.  He’s libertarian conservative (or is it conservative libertarian…I don’t really and truly don’t know which term is correct).

c.  He’s doesn’t like Birthers (or anyone who doesn’t believe that Obama is eligible to be President) because it makes people of his ‘political persuasion’ (his words) look bad.

d.  In 2014 attorney Loren Collins engaged in attorney misconduct and ethics violations.

e.  Attorney Collins works for (but is on permanent vacation?) the Law Office of W. Bryant Green, in Atlanta Georgia.

f.  Loren Collins was born on June 22, 1978 in Georgia.

g.  He once operated a blog (2008 thru 2013) called Barackryphal.

Last month (Feb. 2015) Loren Collins attacked America’s first black American female Chief Justice,  Leah Ward Sears, when he filed a 12 page Amicus Brief with the Supreme Court of Georgia.

Chief Justice Leah Ward was in office from 2005 thru 2009.  Not only was she the nation’s  (all 50 states) first black American Chief Justice but she was also the first female (regardless of color) to sit on Georgia’s Supreme Court.

Attorney Collin’s brief is embedded below for review:

Amicus Brief in Braves Stadium Appeal by Loren Collins

Please exercise your free speech in the comments section below. There are no stipulations of political correctness on this blog. Speak your mind, give us your thoughts, both objective and subjective. Share your ideas, hunches, inklings or your expertise. Please provide recommendation and corrections if you spot errors in fact within the blog report. Lastly, remember that posting a comment is much like casting a vote, so please do so.

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Was Lowell Palmer Weicker, Jr. eligible to be elected President in 1980?

Lowell Weicker presidential candidate 1980

We’ve added a new option to the top menu (found under the blog’s banner): Ineligible?

When you select that option you will land on a page that we call: The ineligible list (?)

The page is set up to record the names of past and present presidential candidates, including those who were (or presently are) only potential candidates, who may not have been (or presently be) eligible to be President of the United States of America.

If you’d like to add a name to list please submit your request, along with at least some evidence, in the form of a comment (on that page).  After we review your comment we may add proposed name to the list.

It will take some time for list of names to grow. We aren’t in a hurry.

The first name that we are going to add to the list is Lowell Palmer Weicker, Jr.

In the above image (left click on it to enlarge for reading) of the March 13, 1979 edition of the Palm Beach Post newspaper we learn that Lowell Weicker had launched his presidential campaign the day before.  The paper described him as a liberal Republican [US] Senator of Connecticut.

What the newspaper doesn’t say is that Weicker was born (May 16, 1931) in Paris, France.

Lowell WeickerApparently his parents, Mary Hastings (née Bickford) and Lowell Palmer Weicker, were Americans (US citizens).

I’m not certain what age he was when he first arrived in the United States.

At any rate, and regardless of age at time of entry into the United States, would he have been eligible to be president of the United States?

Some facts that we do know about him are as follows:

He served in the Connecticut State House of Representatives from 1962 thru 1966. He was a member of the U.S. House of Representatives (Connecticut – 4th district) from 1969 thru 1971.

He served as a U.S. Senator from Connecticut from 1971 thru 1989. He served as Governor of Connecticut from 1991 thru 1995.

Lowell Weicker, Jr. is currently 83 years of age.

Please exercise your free speech in the comments section below. There are no stipulations of political correctness on this blog. Speak your mind, give us your thoughts, both objective and subjective. Share your ideas, hunches, inklings or your expertise. Please provide recommendation and corrections if you spot errors in fact within the blog report. Lastly, remember that posting a comment is much like casting a vote, so please do so.

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Kevin Davidson (Dr. Conspiracy) and Alvin Onaka (State of Hawaii) both worked for the same agency?

Before most people knew who Barack Obama was it appears that Dr. Conspiracy – Kevin Wayne Davidson and Alvin T. Onaka (the Registrar of Vital Statistics for the State of Hawaii) both worked for NAPHSIS – National Association for Public Health Statistics and Information Systems.

What are the chances of that being just a coincidence?

Please exercise your free speech in the comments section below. There are no stipulations of political correctness on this blog. Speak your mind, give us your thoughts, both objective and subjective. Share your ideas, hunches, inklings or your expertise. Please provide recommendation and corrections if you spot errors in fact within the blog report. Lastly, remember that posting a comment is much like casting a vote, so please do so.

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Jeb Bush v. Rand Paul at CPAC 2015 (humor)

Please exercise your free speech in the comments section below. There are no stipulations of political correctness on this blog. Speak your mind, give us your thoughts, both objective and subjective. Share your ideas, hunches, inklings or your expertise. Please provide recommendation and corrections if you spot errors in fact within the blog report. Lastly, remember that posting a comment is much like casting a vote, so please do so.

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