U.S. District Judge Emmet Sullivan Rules Natural Born Citizen Requirement Not Repealed By The 14th Amendment Or The 5th Amendment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born citizen clause of the Constitution1 is irreconcilable with, and has been “trumped, abrogated and implicitly repealed” by, the Equal Protection guarantee of the Fifth Amendment and the Citizenship Clause of the Fourteenth Amendment."
--JUMP--
"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challenge to the Fund Act rests on his contention that the natural born citizen requirement has been implicitly repealed by the Fifth and Fourteenth Amendments.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five other jurisdictions, all of whom determined that the natural born citizen requirement has not been implicitly repealed by the Fifth and Fourteenth Amendments."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"Because the natural born citizen requirement has not been explicitly or implicitly repealed, Hassan’s challenge to that provision, and the Fund Act’s incorporation thereof, must fail."
CONTINUED HERE: http://www.scribd.com/doc/108620619/Abdul-Karim-Hassan-vs-FEC-Court-Opinion-District-Court-for-the-District-of-Columbia-10-1-2012
MORE HERE: http://www.fec.gov/press/press2012/20121001_Hassan_v._FEC.shtml
BACKGROUND ON HASSAN'S CASE HERE: http://obamareleaseyourrecords.blogspot.com/2011/09/fec-unanimously-ruled-foreign-born.html
