Abdul Karim Hassan vs FEC ruling October 1, 2012, Presidential Election Campaign Fund Act, Natural born citizen requirement not repealed by 5th 14th amendments

Abdul Karim Hassan vs FEC ruling October 1, 2012, Presidential Election Campaign Fund Act, Natural born citizen requirement not repealed by 5th 14th amendments

From the FEC October 1, 2012.

DISTRICT COURT ISSUES OPINION IN HASSAN v. FEC

WASHINGTON – The United States District Court for the District of Columbia on Friday issued its Memorandum Opinion and Order in Hassan v. FEC (Case 1:11-cv-02189-EGS). The text of the Memorandum Opinion may be found here (http://www.fec.gov/law/litigation/hassan_dc_memo_opinion.pdf) and the text of the Order may be found here (http://www.fec.gov/law/litigation/hassan_dc_order2.pdf).

The Federal Election Commission (FEC) is an independent regulatory agency that administers and enforces federal campaign finance laws. The FEC has jurisdiction over the financing of campaigns for the U.S. House of Representatives, the U.S. Senate, the Presidency and the Vice Presidency. Established in 1975, the FEC is composed of six Commissioners who are nominated by the President and confirmed by the U.S. Senate.

http://www.fec.gov/press/press2012/20121001_Hassan_v._FEC.shtml

Exerpts:
“Hassan’s challenge to the Fund Act rests on his contention
that the natural born citizen requirement has been implicitly
repealed by the Fifth and Fourteenth Amendments. The Court need
not repeat the thorough and persuasive opinions issued by its
colleagues in at least five other jurisdictions, all of whom
determined that the natural born citizen requirement has not
been implicitly repealed by the Fifth and Fourteenth Amendments.”

“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.”

“Because the natural born citizen requirement has not been explicitly or implicitly repealed, Hassan’s challenge to that provision, and the Fund Act’s incorporation thereof, must fail.”

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35 responses to “Abdul Karim Hassan vs FEC ruling October 1, 2012, Presidential Election Campaign Fund Act, Natural born citizen requirement not repealed by 5th 14th amendments

  1. citizenwells

    This just happened. I have skimmed over the ruling & will provide more commentary soon.

  2. Obama Admin Offers To Reimburse Defense Contractors For Severance Costs If They Wait Until After Election To Send Layoff Notices…

    http://weaselzippers.us/2012/10/01/obama-admin-offers-to-reimburse-defense-contractors-for-severance-costs-if-they-wait-until-after-election-to-send-layoff-notices/

    Sen. Lindsey Graham (R-S.C.) says that he will do anything he can to block the Obama administration from reimbursing defense contractors for severance costs if the firms don’t send layoff notices to employees.

    …….“I will do everything in my power to make sure not one taxpayer dollar is spent reimbursing companies for failure to comply with WARN Act,” Graham told The Hill in a phone interview Monday. “That is so beyond the pale — I think it’s patently illegal.”

    The guidance prompted Lockheed Martin — which had previously threatened to send out notices of potential layoffs to all of its 123,000 employees — to say Monday it would not send notices this year under the Worker Adjustment and Retraining Notification (WARN) Act

  3. citizenwells

    WHY DID OBAMA REFUSE MATCHING FUNDS IN 2008?
    PART 1

    http://citizenwells.wordpress.com/2012/01/17/obama-ga-ballot-challenge-natural-born-citizen-status-judge-michael-malihi-why-did-obama-refuse-matching-funds-in-2008-part-1/

    WHY DID OBAMA REFUSE MATCHING FUNDS IN 2008?
    PART 2

    http://citizenwells.wordpress.com/2012/01/20/obama-ga-ballot-challenge-natural-born-citizen-status-judge-michael-malihi-why-did-obama-refuse-matching-funds-in-2008-part-2-robert-bauer-et-al-help-obama-hide-records/

    WHY DID OBAMA REFUSE MATCHING FUNDS IN 2008?
    PART 3

    http://citizenwells.wordpress.com/2012/01/21/obama-ga-ballot-challenge-natural-born-citizen-status-judge-michael-malihi-why-did-obama-refuse-matching-funds-in-2008-part-3-citizen-wells-fec-foia-fec-bias/

    WHY DID OBAMA REFUSE MATCHING FUNDS IN 2008?
    PART 4

    http://citizenwells.wordpress.com/2012/01/23/obama-ga-ballot-challenge-natural-born-citizen-status-judge-michael-malihi-why-did-obama-refuse-matching-funds-in-2008-part-4-obama-attorneys-democrats-control-fec/

    WHY DID OBAMA REFUSE MATCHING FUNDS IN 2008?
    PART 5

    http://citizenwells.wordpress.com/2012/01/24/obama-ga-ballot-challenge-fec-hassan-opinion-quotes-natural-born-citizen-requirement-judge-michael-malihi-why-did-obama-refuse-matching-funds-in-2008-part-5-fec-us-constitution-presidential-eli/

    WHY DID OBAMA REFUSE MATCHING FUNDS IN 2008?
    PART 6

    http://citizenwells.wordpress.com/2012/01/25/obama-ga-ballot-challenge-circumstantial-evidence-convicts-obama-judge-michael-malihi-why-did-obama-refuse-matching-funds-in-2008-part-6-obama-is-not-a-natural-born-citizen/

  4. citizenwells

    *** This ruling is significant ***

  5. citizenwells

    Remember this:

    “Hassan, meanwhile, petitioned the FEC to allow him to run for president, arguing the Federal Election Campaign Act does not bar naturalized citizens from running.

    In its official response earlier this month, the FEC agreed with Hassan’s logic.”

    Read more: http://patriotupdate.com/12635/fec-rules-naturalized-citizens-are-same-as-natural-born-in-presidential-votes#ixzz285JjLKRf

  6. citizenwells

    Also, do not forget, as reported at CW, early on Obama supported matching funds
    & later reversed position. He had no choice. If he had taken federal funds,
    he could have been challenged in court.

  7. Have you seen this guy’s website?

    http://www.abdulhassanforpresident.com/

    Was this just to challenge the law for Obama’s benefit?

  8. citizenwells

    Dean M.
    Thank God it didn’t work.

  9. Trump via Twitter: “In debate, @MittRomney should ask Obama why autobiography states “born in Kenya, raised in Indonesia.””

  10. U.S. District Judge Emmet Sullivan Rules Natural Born Citizen Requirement Not Repealed By The 14th Amendment Or The 5th Amendment

    Abdul Karim Hassan vs FEC – Court Opinion – District Court for the District of Columbia – 10/1/2012

    MEMORANDUM OPINION

    “Plaintiff Abdul Karim Hassan brings this action against the Federal Election Commission (“FEC”), seeking a declaratory judgment that (1) the Presidential Election Campaign Fund Act, 26 U.S.C. §§ 9001-9013, which provides public funding to Presidential nominees of major or minor political parties, is unconstitutional and invalid, and (2) the natural born citizen clause of the Constitution1 is irreconcilable with, and has been “trumped, abrogated and implicitly repealed” by, the Equal Protection guarantee of the Fifth Amendment and the Citizenship Clause of the Fourteenth Amendment.”

    http://obamareleaseyourrecords.blogspot.com/2012/10/judge-sullivan-rules-14th-did-not-repeal-article-ii.html

  11. As College Student, The Radical Black Supremacist Racist Thug Eric Holder Participated In ‘Armed’ Takeover Of Former Columbia University ROTC office

    By Charles C. Johnson
    Published: 11:56 PM 09/30/2012

    http://dailycaller.com/2012/09/20/obama-slammed-on-fast-and-furious-in-spanish-language-tv-interview-shouldnt-you-fire-eric-holder/

  12. Here is the link:

    As College Student, The Radical Black Supremacist Racist Thug Eric Holder Participated In ‘Armed’ Takeover Of Former Columbia University ROTC Office

    By Charles C. Johnson
    Published: 11:56 PM 09/30/2012

    http://dailycaller.com/2012/09/30/as-college-sophomore-eric-holder-participated-in-armed-takeover-of-former-columbia-university-rotc-office/#ixzz285ozMGwJ

  13. Good! I have not read case but it should get the attention of those saying the 14th Amendment guts NBC requirement. I post it at military blog and tweeted Drudge. The more tweets to Drudge and Breitbart the better I suppose.

  14. observer | October 1, 2012 at 6:57 pm |

    U.S. District Judge Emmet Sullivan Rules Natural Born Citizen Requirement Not Repealed By The 14th Amendment Or The 5th Amendment

    Abdul Karim Hassan vs FEC – Court Opinion – District Court for the District of Columbia – 10/1/2012

    MEMORANDUM OPINION

    “Plaintiff Abdul Karim Hassan brings this action against the Federal Election Commission (“FEC”), seeking a declaratory judgment that (1) the Presidential Election Campaign Fund Act, 26 U.S.C. §§ 9001-9013, which provides public funding to Presidential nominees of major or minor political parties, is unconstitutional and invalid, and (2) the natural born citizen clause of the Constitution1 is irreconcilable with, and has been “trumped, abrogated and implicitly repealed” by, the Equal Protection guarantee of the Fifth Amendment and the Citizenship Clause of the Fourteenth Amendment.”

    http://obamareleaseyourrecords.blogspot.com/2012/10/judge-sullivan-rules-14th-did-not-repeal-article-ii.html
    **************************************
    All we need now is an Attorney General that will enforce the law.

    The voters will have to take care of business in November, and I hope these politicians take note. They might be next.

  15. Obama tells audience there will be ‘hand-to-hand combat’ if Republicans win

    Obama called into Baisden’s show, syndicated to 71 radio stations in 21 states, as part of his effort to rally core Democratic constituencies with less than four weeks before the election.  Although his campaign itinerary is limited by sagging approval ratings in key states, Obama is making a more-targeted effort focused on supportive venues like Baisden’s show.

    Read more:
    http://patriotsforamerica.ning.com/forum/topic/show?id=2734278%3ATopic%3A410761&xgs=1&xg_source=msg_share_topic

  16. P.S. There is a pic of the Usurper at the above site. He looks like a raving maniac.

  17. This is good:

    Scott Brown Slams Elizabeth Warren During Debate: “I’m Not A Student In Your Classroom”…

    http://weaselzippers.us/2012/10/01/scott-brown-slams-elizabeth-warren-during-debate-im-not-a-student-in-your-classroom/

  18. The judge in the FEC case noted the accepted difference between NBC and naturalized citizen. The opinion does not address the issue of being born here with one or more non-US citizen parents. Our Founders wanted to preserve our security by assuring sole allegiance of President and VP to the USA. Those with the potential for dual citizenship, are not qualified under the Constitution. But this opinion does not clarify this, because it was not a question before this court or necessary for the ruling to be made.

  19. ‘hand to hand combat’ was apparently referring to the tenor of politics in Congress, not in the streets

  20. Comments and link at wtpotus:

    http://wtpotus.wordpress.com/2012/09/30/media-bias-infects-the-fashion-police-too-open-thread/comment-page-1/#comment-93900
    —–
    “Zenway | October 1, 2012 at 6:57 pm

    http://www.colony14.net/id668.html

    Obama’s stories…… and so much more
    —–
    Miri | October 1, 2012 at 7:04 pm

    I wrote a post once, about how there ARE no coincidences in the Obamanation.

    MEGA KUDOS TO MR. DON FREDRICK FOR THAT EXCELLENT SUMMARY!
    —–
    Miri | October 1, 2012 at 7:16 pm

    Actually, that piece deserves a Pulitzer Prize. He may just have to settle for a WTPOTUS Prize for Journalistic and Non-coincidental Excellence.”

  21. I just posted the following at another site:

    The Judge order in Civil Action No. 11-2189 (Fed. District Court in DC) can be read in its entirety at scribd.

    The Plaintiff Abdul Karim Hassan appears to have brought this suit make a point the Constitutionally of the FEC (Federal Election Commission) giving matching funds to major and minor candidates and wants to have a ruling that naturalized citizens, like him, are eligible to serve as President. (It’s about the money.) He says that his 2016 campaign will be an extension of his current 2012 campaign. Hassan had asked for an advisory opinion regarding matching funds from the FEC and they responded:

    …On September 2, 2011, the FEC issued its response, in which it stated that Hassan is not eligible to receive matching funds under the Matching Payment Act because he is not a natural born citizen….

    A lot of the Order deals with standards of review of a Motion to Dismiss, Article III standing, likelihood of imminent injury, damages, ect. The following excerpt is the Judge’s analysis related to the implicit repeal of any distinction between natural born citizen and naturalized citizen. Note that the Judge does not address the distinction between a natural born citizen and an ordinary citizen. It was not necessary to this decision.

    …Hassan’s challenge to the Fund Act rests on his contention that the natural born citizen requirement has been implicitly repealed by the Fifth and Fourteenth Amendments. The Court need not repeat the thorough and persuasive opinions issued by its colleagues in at least five other jurisdictions, all of whom determined that the natural born citizen requirement has not been implicitly repealed by the Fifth and Fourteenth Amendments. See Hassan v. Colorado, 2012 WL 1560449, at *5-8,aff’d , No. 12-1190, 2012 WL 3798182, *1 (10th Cir. Sept. 4,2012);Hassan v.Montana, slip op. at 3-5;Hassan v. Iowa, slip op. at 7-11;Hassan v. New Hampshire, 2012 WL 405620, at *2-4;Hassan v.United States, No. 08-CV-938 (NG), slip op. at 3-6 (E.D.N.Y.June 15, 2010) (Docket No. 28),aff’d on other grounds, 414 F.App’x 10.Briefly, the Court notes that Article 5 of the Constitution provides an explicit method to amend the Constitution. See
    U.S.Const., Art. V.

    Even if a constitutional provision could be implicitly repealed in the same manner as a statute, the implicit repeal of statutes is disfavored and will not be found absent clearly expressed congressional intent. See Nat’l Ass’nof Home Builders v. Defenders of Wildlife, 551 U.S. 644, 662(2007); Posadas v. Nat’l City Bank, 296 U.S. 497, 503 (1936)(holding that “[w]here there are two acts upon the same subject, effect should be given to both if possible”). Repeals by implication are only found where provisions in two statutes are in “irreconcilable conflict, or where the latter act covers the whole subject of the earlier one and is clearly intended as a substitute.”
    Branchv.Smith,538S.254,273(2003)(internal quotation marks and citation omitted).

    Plaintiff has not pointed to any such manifest intent or irreconcilable conflict, and therefore he has not carried the high burden necessary to demonstrate that the natural born citizen requirement has been implicitly repealed. 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.See Schneider v. Rusk ,377 U.S. 163, 165 (1964) (“The only difference drawn by theConstitution is that only the ‘natural born’ citizen is eligibleto be President.”);see also Knauer v. United States, 328 U.S.654, 658 (1946) (same);Baumgartner v. United States, 322 U.S.665, 673-674 (1944) (same).

    The importance of the statements by Judge Sullivan is that they are another rebuttal to those arguing that the 14th Amendment somehow equates the meaning of the terms natural born citizen and naturalized citizen. It would have been nice (courageous) had the judge expressed his views on the necessity of citizen parents. However, it was not necessary to the facts of this case. Given the common knowledge that Obama could have a little problem regarding this aspect of natural born citizen definition, one could suspect that if the judge was completely sure there was no 2-citizen parent requirement he would have said so.

  22. citizenwells

    Thanks Zach.

  23. Bravest man in America speaks to National Press Club

  24. cabbyaz | October 1, 2012 at 8:35 pm |

    Obama tells audience there will be ‘hand-to-hand combat’ if Republicans win
    ******************************
    This stupid usurper must think he is back in Kenya campaigning with Raila Odinga.

  25. Yahoo News: New Book Proves Beyond Any Doubt Obama IS Not A Natural Born Citizen
    ObamaRelease YourRecords on 1:46 PM

    New Book Proves President Obama Not a Natural-Born US Citizen PR-Web @ Yahoo News (Hat tip CDR Kerchner) According to the book, new research proves beyond any doubt what is meant by the term “natural…

    http://obamareleaseyourrecords.blogspot.com/

  26. Obama’s Phony Polls Exposed

    “Clearing out hundreds of thousands of dead voters makes Democrat voter fraud more difficult.
    The second blow to the false polls we constantly see is the just released Gallup report showing Republicans 16% (64/48) more enthusiastic about voting than Democrats are. Remember these numbers when you read the next fraudulent poll. Added to the sharp drop in Democrat registration they prove Barack Obama is on his way to a landslide defeat next month.”

    http://giveusliberty1776.blogspot.com/

  27. Rioting Muslims, We Don’t Care If You’re “Offended”

    http://www.westernjournalism.com/

  28. Ex-Obama Trade Adviser’s Oil Company Fined $32 Million for Illegal Gold Buy from Congolese Warlord

    http://commieblaster.com/index.html

  29. Obama Campaign Illegally Working with Non-Profits

    http://commieblaster.com/index.html

  30. Black Radical, Eric Holder Participated in
    Armed Takeover of Former
    Columbia U. ROTC Office

    …All Over Naming the Place the “Malcolm X Lounge.” Who’s Malcolm X?

    Eric Hangs Out with Black Panthers. They’re Killers. Current Illinois Congressman Bobby Rush is Communist Black Panther, Too,

    Sounds Crazy, But It Sure Looks Like America’s Now Being Run by a Violent, Commie-Islamo Chicago and International Mafia Who are Puppeting an Illegal Foreign Usurper as President. And Their Plan is to Arrest or Kill Anyone Who Stands in Their Way

    http://commieblaster.com/index.html

  31. Hi Observer, et al,

    The Brown/Warren debate was ~ 2 miles away from me at my alma mater; no way could I get a ticket however, I watched the live stream and applauded every time Scott ‘hammered’ (to use Granny Warren’s own cliche) his points home!

    Only in MA would this fraud still be on the ballot; she lied about her Native American heritage and she has been practicing law in MA without being a member of the MA Bar. It doesn’t surprise me that barky ‘ordered’ her to run; I just hope the moonbats in this state wake up and send Mr. Brown back to Washington.

    Looking forward to the next arse whooping shortly :).

  32. bob strauss | October 2, 2012 at 10:09 am |

    Rioting Muslims, We Don’t Care If You’re “Offended”
    _____________________________________
    OMG Bob. what an excellent video! I will pass it along to all I know!
    Thankyou!

  33. Pingback: 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

  34. Pingback: Sean Hannity Ted Cruz interview, Presidential hopefuls, Hannity questions Cruz Canadian birth, Carl Cameron Cruz not eligible, Obama not natural born citizen | Citizen WElls

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