Additional commentary by Timothy Horrigan; November 26, 2011 & December 2, 2011
See Also:
I made the mistake of engaging a "birther" named Tracy who spammed all the New Hampshire state reps. I sent him/her/him/them what seemed at the time to be a reasonable reply. As a result, I ended up being one of the villains in a November 25, 2011 YouTube video produced by someone/something called "KenyanBornObamAcorn" The video is basically a brief article read by a robotic voice, although there is some badly-recorded audio of a phone call to the New Hampshire Secretary of State's office:
Original URL: http://youtu.be/Nm_hDsEjj8Y
This video was followed by a
very similar and slightly updated November 29 video.
There seems to be some confusion about who the members of the Ballot Law Commission are. There are five regular members, each of whom has an alternate. This is the current official list (as of November 2011), along with an explanation of what the commission does:
Consists of 5 members as follows: two members appointed by the speaker of the house of representatives, one from each of the 2 major political parties in the state based on votes cast for governor in the most recent state election and two members appointed by the president of the senate, one from each of the 2 major political parties in the state based on votes cast for governor in the most recent state election. One member appointed by the governor with the advice and consent of the council who shall be a person particularly qualified by experience in election procedure. No person shall be appointed who holds an elected office or who is an election official. Term of all commissions shall be for four years, except that the first appointments shall be as follows: terms of two years for the members appointed by the speaker of the house of representatives; terms of three-years for the members appointed by the senate president; and a term of four-years for the member appointed by the governor and council. Members may be re-appointed. Members elect annually a chairperson from among the members. Members shall be appointed and terms of office shall expire on July 1. Vacancies shall be filled in the same manner for the unexpired term. There shall be 5 alternate members as follows: two members appointed by the speaker of the house of representatives, one from each of the 2 major political parties in the state based on votes cast for governor in the most recent state election and two members appointed by the president of the senate, one from each of the 2 major political parties in the state based on votes cast for governor in the most recent state election. One member appointed by the governor with the advice and consent of the council who shall be a person particularly qualified by experience in election procedure. The alternate members appointed by the speaker of the house of representatives and the president of the senate shall not be members of the general court. Term of all alternate members shall be for four years, except that the first appointments shall be as follows: terms of two-years for the members appointed by the speaker of the house of representatives; terms of three years for the members appointed by the senate president; and a term of four years for the member appointed by the governor and council. The term of each alternate new member shall begin on July 1. RSA 665.
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The start dates are all correct, so anything partisan which these people did before their start dates is not a violation of the ballot commission's regulations. Jane Clemons, for example, did not break the law by having served as a state representative as recently as the 2010 session: she did not file for re-election in June 2010, she resigned on September 13, 2010 and she did not take her seat on the commission until September 14, 2010.
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Tracy, wheover he/she/it/they was/were, seemed to be objecting to the following statement (which I intended to be a private communication.) I got the date wrong: the 2012 Primary is on January 10, 2012. (The 2008 Primary was on January 8, 2008.) This error failed to attract the attention of the eagle-eyed investigators at "KBOA":
Thu Nov 17 23:14:51 2011 Date: Thu, 17 Nov 2011 23:14:49 -0500 From: Timothy Horrigan <timothyhorrigan@mac.com> Reply-To: Timothy.Horrigan@alumni.usc.edu To: Tracy <tracysplace2002@verizon.net> Subject: Re: Make sure you KNOW the facts, THIS IS GOING NATIONWIDE, starting with NH!! |
I know most of the people on the ballot law commission
who are making the decision. The commission is NOT
going to invalidate Obama's candidacy based on your
argument--- especially not after he was elected President
and is running for re-election. And even if they do
what you want them to do (which is extremely
unlikely), Obama will doubtless challenge the
decision in court. By the time the court battle
plays out, January 8, 2012 will have come and gone. |
The argument I was unconvinced by, even after being informed all the facts came from the Library of Congress, was:
Thu Nov 17 23:08:32 2011 From: Tracy <tracysplace2002@verizon.net> Subject: Make sure you KNOW the facts, THIS IS GOING NATIONWIDE, starting with NH!! |
Extremely important! Obama's fate as a candidate in NH will be decided tomorrow! http://www.orlytaitzesq.com/?p=27874
THE TRUTH according to the Constitution! -------------------------------------------------------------------------------------- Representative John Bingham 1862 (Cong.
Globe, 37th, 2nd Sess., pg 1639 (1862):
http://memory.loc.gov/ll/llcg/059/0600/06811639.gif "This amendment which I have offered is simply declaratory of what I regard as the law of the land already, that every person born within the limits of the United States, AND SUBJECT TO THE JURISDICTION THEREOF, is by virtue of natural law and national law a citizen of the United States." http://memory.loc.gov/cgi-bin/ampage?collId=llcg&fileName=073/llcg073.db&recNum=11
http://www.digitalhistory.uh.edu/reconstruction/section4/section4_civrightsact1.html
What exactly did "subject to the jurisdiction thereof" mean to the framers of the Fourteenth Amendment? Luckily we have Sen. Lyman Trumbull, Chairman of the Judiciary Committee, author of the Thirteenth Amendment, and the one who inserted the phrase: "The provision is, that 'all persons born in the United States, and subject to the jurisdiction thereof, are citizens.' That means 'subject to the complete jurisdiction thereof.' What do we mean by 'complete jurisdiction thereof?' NOT OWING ALLEGIANCE TO ANYBODY ELSE. That is what it means."
http://memory.loc.gov/cgi-bin/ampage?collId=llcg&fileName=073/llcg073.db&recNum=14 "I concur entirely with the honorable Senator from Illinois [Trumbull], in holding that the word "jurisdiction," as here employed, ought to be construed so as to imply a full and complete jurisdiction on the part of the United States, whether exercised by Congress, by the executive, or by the judicial department; that is to say, the same jurisdiction in extent and quality as applies to every citizen of the United States now."
http://memory.loc.gov/cgi-bin/ampage?collId=llcg&fileName=073/llcg073.db&recNum=16 Supreme Court Case Minor V. Happerset: "At common-law, with the nomenclature of which the framers of the Constitution were familiar, it was never doubted that all children born in a country of parents who were its citizens became themselves, upon their birth, citizens also. These were natives, or natural-born citizens, as distinguished from aliens or foreigners."
http://caselaw.lp.findlaw.com/cgi-bin/getcase.pl?court=US&vol=88&invol=162
"I find no fault with the introductory clause [S 61 Bill], which is simply declaratory of what is written in the Constitution, that every human being born within the jurisdiction of the United States of PARENTS NOT OWING ALLEGIANCE TO ANY FOREIGN SOVEREIGNTY is, in the language of your Constitution itself, a NATURAL BORN CITIZEN" |
Interestingly, the Miner vs. Happersett case was only tangentially about natural-born citizenship, and defining the adjective "natural-born" was not the point of the decision at all. The complainant Virgina Minor was one of a few hundred women nationwide who tried to vote in the 1872 election. Happersett was her local County clerk, who reused to let her vote. The decision was a somewhat convoluted attempt to show why the 13th and 14th Amendments couldn't be construed to support the outlandish notion that female citizens (natural-born or otherwise) have the right to vote. |
I should have been suspicious of a "birther"
named Tracy since it was a Tea Partier named "Tracy Miller"
who perpetrated a
particularly nasty hoax against Houston Congresswoman Sheila
Jackson-Lee a while back during the ObamaCare debate.
Tracy is part of a close-knit and probably small group of very dedicated fanatics, who are firmly attached to their cause. They are extraordinarily angry, too. The most interesting response so far is this one:
See Also:
The Ballot Law Commission's November 2011 decision and Orly Taitz's December 8, 2011 petition to the Supreme Court
Sheila Jackson-Lee's & Carol Shea-Porter's "Jackson-Lee Moments"