MANDATE FOR PALESTINE: THE LEGAL ASPECT OF JEWISH RIGHTS (updated link)

I saw in my "stats" that there was some interest in “Mandate for Palestine” - The Legal Aspects of Jewish Rights so as I often do in this situation, I clicked on the link and, boy--was I ever frustrated to see that it no longer worked!!

Here is the appropriate link (no longer a .pdf file):

http://www.mythsandfacts.org/conflict/mandate_for_palestine/mandate_for_palestine.htm

I have also updated the link in my original blog post:

http://lgstarr.blogspot.com/2011/03/mandate-for-palestine-legal-aspect-of.html.

It's also a link that I keep permanently in the right column of this blog (just scroll down quite a bit, and click--it will link to the blog post above).

Sorry!!

This is such an important document and I hope you will take the time to check it out!

Here is the "Introduction":

Introduction

Ever ask yourself why during the 30 year period - between 1917 to 1947 - thousands of Jews throughout the world woke up one morning and decided to leave their homes and go to Palestine? The majority did this because they heard that a future national home for the Jewish people was being established in Palestine, on the basis of the League of Nations obligation under the “Mandate for Palestine” document. The “Mandate for Palestine,” an historical League of Nations document, laid down the Jewish legal right to settle anywhere in western Palestine, between the Jordan River and the Mediterranean Sea, an entitlement unaltered in international law. The “Mandate for Palestine” was not a naive vision briefly embraced by the international community. Fifty-one member countries – the entire League of Nations – unanimously declared on July 24, 1922:

“Whereas recognition has been given to the historical connection of the Jewish people with Palestine and to the grounds for reconstituting their national home in that country.”

It is important to point out that political rights to self-determination as a polity for Arabs were guaranteed by the same League of Nations in four other mandates – in Lebanon and Syria (The French Mandate), Iraq, and later Trans-Jordan [The British Mandate].

Any attempt to negate the Jewish people’s right to Palestine - Eretz-Israel, and to deny them access and control in the area designated for the Jewish people by the League of Nations is a serious infringement of international law.

The “Road Map” vision, as well as continuous pressure from the “Quartet” (U.S., the European Union, the UN and Russia) to surrender parts of Eretz-Israel are contrary to international law that firmly call to “encourage … close settlement by Jews on the land, including State lands and waste lands not required for public purposes.” It also requires the Mandatory for “seeing that no Palestine territory shall be ceded or leased to, or in any way placed under the control of the government of any foreign power.”

In their attempt to establish peace between the Jewish state and its Arab neighbors, the nations of the world should remember who the lawful sovereign is with its rights anchored in international law, valid to this day: The Jewish Nation. And in support of the Jewish people, I sat down and wrote this pamphlet.

BREAKING: Investigators discover a flaw in Hawaii’s law that allows a foreigner to obtain a Hawaii birth certificate

[Arizona Sheriff Joe] Arpaio told WND he intends to move the investigation and the new information to a higher authority within the federal government because of what he calls an imminent threat to national security and U.S. immigration laws. The threat is posed by a flaw in Hawaii’s law discovered by his investigators that allows a foreigner to obtain a Hawaii birth certificate.

READ MORE

Landmark Calls For Investigations Into 29 Judges Who Signed Walker Recall Petitions.

Re: ALLEGATION OF MISCONDUCT, REQUEST FOR INVESTIGATION

Published reports indicate that 29 Wisconsin circuit court judges appear to have violated the Wisconsin Code of Judicial Conduct by improperly engaging in partisan political activity. Pursuant to Wis. Stat. Sections 757.81 to 757.99 (2011), Landmark Legal Foundation respectfully requests that the Wisconsin Judicial Commission conduct an immediate investigation into this important and timely matter and take all appropriate disciplinary action, including reprimand, censure, suspension, and removal.

Georgia Court Ignored Basic Rules of Interpretation

Liberty Legal Foundation:

By now many of you have probably heard that the Georgia court ruled that Obama is a natural born citizen. (Link to opinion) More importantly it ruled that any person born on U.S. soil is a natural born citizen. According to the Georgia court, a woman from any country can visit the U.S. for one day, give birth, take the baby back to any country to be raised under any culture, and that baby can return as an adult, live here for 14 years and run for President. The end result of this ruling is outrageous. It runs contrary to common sense as well as to established law.

So, what happened in Georgia? The court determined that a clear definition of natural born citizen from Supreme Court precedent was overturned by dicta in another Supreme Court case. Precedent is any statement by the court that is pivotal to reaching the court’s ruling. Dicta is the opposite of precedent. Dicta is a statement by the court about matters that are not pivotal to reaching its ruling. Dicta is persuasive, but it cannot overturn precedent.

In other words, the Georgia court violated a basic rule of legal interpretation by ruling as it did. But wait, there’s more! The Georgia court also violated rules of Constitutional interpretation that have been around since the earliest Supreme Court. Our first Chief Justice explained that no part of the Constitution should be interpreted in a way that leaves any other part of the Constitution without independent meaning. By ruling that anyone born on U.S. soil can run for President the Georgia court concluded that the 14th Amendment was intended to alter article II of the Constitution. Such an interpretation is 180 degrees in opposite to Chief Justice Marshall’s explanation of how to interpret the Constitution.

But WAIT, there’s more! In order to reach this conclusion the Georgia court ALSO had to disregard yet another part of the holding from the Minor v. Happersett Supreme Court ruling. Even if you ignore the rules of Constitutional construction and the rule that dicta can’t overturn precedent, even if you agree with the Georgia court that the definition of natural born citizen in the Minor decision was dicta, you still can’t reach the Georgia court’s ruling. You see, the Minor Court ALSO explicitly ruled that the 14th Amendment didn’t create any new privileges and immunities. So, if a person couldn’t run for President before the 14th Amendment, they couldn’t run for President after the 14th Amendment. This means that the Minor. Court explicitly ruled that the 14th amendment didn’t alter the definition of natural born citizen under article II of the Constitution. Yet the Georgia court ignored this Supreme Court ruling as well.

The Georgia court was aware of all of these arguments because these arguments were made at the January 26 hearing and they were included in our written brief after the hearing. Yet the Georgia court’s ruling only addresses one of these three arguments and poorly at that.

The one point of good news from this ruling is that we have FINALLY gotten a court to rule on the merits of our argument. This may seem like a hollow victory, but it isn’t. Before this everyone that has brought a challenge against Obama’s eligibility has been dismissed on procedural grounds. Nothing is more devastating to the rule of law than a judicial branch that refuses to do its job. Before this case we had courts across the country telling Americans that they had no right to enforce the Constitution. That was absurdity at its most extreme. Liberty Legal Foundation found a case that we believed would at least get a ruling on the merits. We hate the ruling we got, but at least we got a ruling. Now we can appeal that ruling. The appeals process now will focus on the definition of "natural born citizen" rather than procedure for the first time since the issue of Obama's eligibility was raise in 2008.

For all the reasons I’ve mentioned in this message, we will be appealing the Georgia Court’s ruling. We will continue to fight for Constitutional rule of law. Failing that we will continue to force Courts to show their true colors. If our judicial branch will not uphold the rule of law, that fact needs to be exposed to the harsh light of day for all the world to see.

In Liberty,

Dawn Irion
Co-Founder
LIBERTY LEGAL FOUNDATION

Legal analysis of Georgia state (Iranian) Judge Malihi's flawed decision

By Mario Apuzzo, Esq.
February 3, 2012

All That Is Wrong with Georgia State Judge Michael M. Malihi’s Decision that Putative President Obama Is a “Natural Born Citizen”

5 Concealed-Carry Myths

Many new concealed-carry permit holders subscribe to a variety of myths that could have potentially deadly consequences. Here are five of the most common.

Shooting Illustrated Hat Tip: InstaPundit

Very few people ever talk themselves out of being arrested. However, many people have talked themselves into jail.

From Gun Reports: SILENCE IS GOLDEN

Obama judge's ruling says defamation claim lurks for those criticizing ballot candidates Read more: Blast a politician? It could mean jail

Blast a politician? It could mean jail

And what about bloggers?

American heroes:Leslie C. Dutton and Richard I. Fine

THE POST & EMAIL

These are the kind of heroes that will be the only reason our great Republic survives--if it does.

The degree of personal sacrifice in this situation, in order to root out the worst kind of political-judicial corruption, goes WAY beyond the call of duty...well, not really beyond the call of duty but certainly beyond the willingness of many of us to endure what appeared to be a permanent sentence of solitary confinement (and denial of medical treatment) for a 70-year-old Ph.D. of International Law and practicing attorney.

FULL DISCLOSURE:

Full Disclosure covered attorney Richard I. Fine's arrest on March 4, 2009 for Civil contempt of Court. He attempted to disqualify the Judge for accepting illegal payments from a party to the case. He claims Senate Bill SBX2 11 acknowledged the payments as criminal by giving Judges and officials retroactive immunity from prosecution. Fine remains in solitary "coercive confinement" in County jail.

Since this was first published, Dr. Fine has been released. Without protracted sacrifice from Leslie C. Dutton and volunteers, he would have remained in custody.

This is an AMAZING story of corruption that goes way beyond what we all imagine might be going on in California--and as it turns out, around our country! It is in the process of becoming a book and, most probably, a movie. You can find out more here:

Leslie C. Dutton
FULL DISCOLSURE NETWORK
A non-profit tax exempt educational production
337 Washington Blvd., #1
Marina del Rey, CA 90292
(310) 822-4449
http://www.fulldisclosure.net/

I heard Leslie speak at a Women's Federated meeting today in Chatsworth. It was very difficult to hear how an educated man with a distinguished law practice would be put in solitary confinement by a crooked judge and denied medical treatment at 70 years of age and, as retaliation for exposing corruption, be disbarred and lose his Beverly Hills law practice--and almost his home--just because a bunch of judges are getting millions in kickbacks from local politians! This is what you hear goes on in China and other countries that are serial abusers of human rights--IT'S NOT SUPPOSED TO HAPPEN IN THE UNITED STATES OF AMERICA!!!

THE MOST IMPORTANT ARTICLE YOU WILL READ THIS YEAR

Government is broken and the economy is gasping. The reason is the same: Americans no longer feel free to roll up their sleeves and make the choices needed to fix things. Governors come to office and find that 90% of the budget is pre-committed to entitlements and mandates enacted by politicians long dead. Teachers no longer have authority to maintain order in the classroom.

Legal mandates and entitlements have accumulated, like sediment in the harbor, until it is almost impossible for Americans to get anywhere without trudging through a treacherous legal swamp. Only big businesses, not small entrepreneurs, have the size (and legal staffs) to power through the legal sludge.

Drowning in Law: A flood of statutes, rules and regulations is killing the American spirit