Following closely on the heels of the news of the Third Circuit Court of Appeals’ denial in Berg v. Obama comes this stunning decision from the Indiana Court of Appeals, rejecting the appeal of Steve Ankeny and Bill Kruse in their Obama eligibility lawsuit directed at the Governor Daniels of Indiana.
Ankeny and Kruse had argued that neither Obama nor McCain were natural born citizens as required by the U. S. Constitution. The Court said:
… However, we note that even if the Governor does have such a duty, for the reasons below we cannot say that President Barack Obama or Senator John McCain was not eligible to become President.
The court then goes on to say (after a lengthy analysis of the law) that:
The Court in Wong Kim Ark reaffirmed Minor in that the meaning of the words “citizen of the United States” and “natural-born citizen of the United States” “must be interpreted in the light of the common law, the principles and history of which were familiarly known to the framers of the constitution.” …
And (by jingo) the Court even cited the dissenting opinion in Dred Scott:
The first section of the second article of the constitution uses the language, “a natural-born citizen.” It thus assumes that citizenship may be acquired by birth. Undoubtedly, this language of the constitution was used in reference to that principle of public law, well understood in this country at the time of the adoption of the constitution, which referred citizenship to the place of birth.
The Indiana Court of Appeals then concludes:
Based upon the language of Article II, Section 1, Clause 4 and the guidance provided by Wong Kim Ark, we conclude that persons born within the borders of the United States are “natural born Citizens” for Article II, Section 1 purposes, regardless of the citizenship of their parents.
In an important footnote to this article, the Court made it clear that:
We reiterate that we do not address the question of natural born citizen status for persons who became United States citizens at birth by virtue of being born of United States citizen parents, despite the fact that they were born abroad. That question was not properly presented to this court. Without addressing the question, however, we note that nothing in our opinion today should be understood to hold that being born within the fifty United States is the only way one can receive natural born citizen status.