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Old 03-12-2013, 05:16 PM
 
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Well it looks as though with this ruling was a good one. Abdul Hassan was a democratic presidential candidate who filed several lawsuits claiming the Constitution's stipulation that only naturally born citizens can run for president is discriminatory and violates the Equal Protection Clause of the 14th Amendment. In his opinion, the natural-born-citizens clause for the presidency has been trumped by the equal protection guarantee of the Fifth Amendment of the Constitution which prohibits the sort of national origin discrimination that is contained in the natural born provision. Looks like that isn't the case.


Abdul Karim Hassan vs Federal Election Commission, March 11, 2013, U S Court of Appeals Per Curiam Order, Hassan not Natural Born Citizen | Citizen WElls


FROM THE ORDER:

To the extent appellant maintains that Article II, Section I, clause 5 of the United States Constitution has been implicitly repealed to the extent it bars naturalized citizens such as himself from holding the office of President, appellant failed to state a claim for relief. Appellant cites no authority to support his contention that a constitutional provision can be implicitly repealed, nor has he shown the natural-born citizen requirement is in irreconcilable conflict with the Fifth and Fourteenth Amendments, or that those amendments “cover[ ] the whole subject” of the requirement and are “clearly intended as a substitute.” Branch v. Smith, 538 U.S. 254, 273 (2003).

Abdul Karim Hassan vs Federal Election Commission, March 11, 2013, U S Court of Appeals Per Curiam Order, Hassan not Natural Born Citizen

“Moreover, the Supreme Court has consistently held that the distinction between natural born citizens and naturalized citizens in the context of Presidential eligibility remains valid.”…Hassan vs FEC

“Because the natural born citizen requirement has not been explicitly or implicitly repealed, Hassan’s challenge to that provision, and the Fund Act’s incorporation thereof, must fail.”…Hassan vs FEC
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Old 03-12-2013, 05:20 PM
Status: "Trump: Comrade!" (set 7 days ago)
 
10,480 posts, read 6,176,962 times
Reputation: 7220
Oh, Tea Party Ted, what will you get up to next?
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Old 03-12-2013, 06:14 PM
 
7,541 posts, read 5,336,186 times
Reputation: 1833
Is it me or am I confused as to what Steve is trying to say here?
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Old 03-12-2013, 06:21 PM
 
20,315 posts, read 9,828,833 times
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Quote:
Originally Posted by Old Army Soldier View Post
“Moreover, the Supreme Court has consistently held that the distinction between natural born citizens and naturalized citizens in the context of Presidential eligibility remains valid.”
i'm only seeing two choices there.
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