Recently, Indiana Court of Appeals Judge Elaine Brown affirmed the lower Court’s decision regarding Ankeny v. Daniels and set off some interesting dissent regarding the natural born citizenship issue.
Attorney Leo Donofrio posted the following in response to the Judge’s opinion:
Also, the Chester Arthur analysis in Footnote 16 reeks. This Indiana decision is pure evil. They have rewritten history to make it appear as if the whole world knew Chester Arthur was a British citizen at birth while history records this blog discovered that fact and first published it to the world in December 2008. Before that time, it was not known. The propaganda has spread from the press to the courts.]
The Indiana Court of Appeals in the Arkeny and Kruse case has just issued a lame judicial attempt at defining the “natural born citizen” clause. The errors of fact and law incorporated into the decision serve as a beacon outlining the desperation certain government factions now face. Obviously, the British birth issue is getting on their nerves and this was clearly an attempt to derail further national discussion on this issue. …
Their main argument is to state that citizens are only born or naturalized. That fails to take into account the framers (and other original citizens) who themselves were neither born citizens nor were they naturalized. So the Court proves itself a bit wonky on that point. Still, I certainly do not dispute that today all US citizens are either born or naturalized. But that’s not the point. The necessary evaluation requires consideration of the various types of born citizenship. And on this important issue, the Indiana Court of Appeals has failed.
Born citizens can be broken up into three groups: