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The Appellant hope that this Court will adopt the Vattelian
model defining the qualifying phrase for he believes that that
definition is the one that reflects the intent of the founders and
framers as one of the three qualifications for the Office of
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Respectfully,
H. Brooke Paige
Plaintiff/Appellant, pro se.
Footnotes:
[1] - Emmer de Vattel was by far the most influential of the continental publicists. The
impact of his treatise in Europe and the United States was extraordinary -Vattels treatise on
the law of nations was quoted by judicial tribunals, in speeches before legislative
assemblies, and in the decrees and correspondence of executive officials. It was the manual
of the student, the reference work of the statesman, and the text from which the political
philosopher drew inspiration Charles G. Fenwick, The Authority of Vattel, 7 AM. POL. SCI.
REV. 395, 395 (1913), cited and quoted in EXECUTIVE POWER AND THE LAW OF NATIONS IN
THE WASHINGTON ADMINISTRATION by Robert J. Reinstein in UNIVERSITY OF RICHMOND
LAW REVIEW, vol. 46:373 (2012)
[4] 17 VSA 2603. Contest of elections - (a) The result of an election for any office, other
than for the general assembly, or public question may be contested by any legal voter
entitled to vote on the office or public question to be contested.
[5] 17 VSA 2458. Complaint Procedure The secretary of state shall adopt rules to
establish a uniform and nondiscriminatory complaint procedure to be used by any person
who believes that a violation of this title or any other provision of Title III of United States
Public Law 107-252 has occurred, is occurring, or is about to occur. For purposes of this
section, "complaint" shall mean a statement in writing made by a voter stating, with
particularity, the violation, notarized, and sworn or affirmed under penalty of perjury. The
secretary's rules shall provide for an informal proceeding to hear complaints for all
complainants unless a formal hearing is requested. Formal complaints held pursuant to this
section shall be in conformance with the rules adopted by the secretary. Any decision of the
secretary may be appealed to the superior court in the county where the individual resides.
(Added 2003, No. 59, 18.)
[6] 17 VSA 2617. Jurisdiction of Superior Courts In all cases for which no other
provision has been made, the superior court shall have general jurisdiction to hear and
determine matters relating to elections and to fashion appropriate relief. (Added 1977, No.
269 (Adj. Sess.), 1.)
[7] Appellants Brief at p.15, Appellants Reply Brief at p.10-11 citing: Baker v. Carr, 369
U.S. 186, 217 (1962) (quoted in Powell v. McCormack, 395 U.S. 486, 518-19 (1969).
[8] Appellants Reply Brief at p.1 4, Brief of the State Defendants at p.6 , Brief of
Defendant Cruz at p.1
[9] Appellants Reply Brief at p. 9, Noble v. Secy of State, No. 48-9-10 Excv, Judge
Manley, (Oct. 21, 2010) Decision and Order at p. 5 6.
[10]- 17 VSA 2907 Administration - states The Secretary of State shall administer this
chapter and shall perform all duties required under this chapter.
[11]- 17 VSA 2362 - Primary ballots, 17 VSA 2478 - Number of Paper Ballot, 17 VSA
2701 - Presidential Primary, 17 VSA 2471 - General Election Ballot
[12] - Confirmation of the qualifications of candidates seeking office as a State
Representative or State Senator are the responsibility of the respective legislative bodies
17 VSA 2605 as to Qualification of Representatives and 17 VSA 2605 as to the
Qualifications of Senators.
[13] State Defendants Brief at p.11
[14] State Defendants Brief at p.17
[15] - State Defendants Brief at p.18
[16] - Our Founders very much feared creating a government that had too many
aspects of a pure democracy. They feared the destructiveness that a majority might
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have in trying to make everyone equal, and in the process taking away property,
rights of property, and with it our basic freedoms which they considered God given
Freedoms. " http://www.americantraditions.org/Articles/Why%20Our%20Founders
%20Feared%20a%20Democracy.htm
[17] - State Defendants Brief at p.19
[18] Appellants Reply Brief at p.19. Munro v. Socialist Workers Party, 479 U.S. 189, 193-95
(1986); Bullock v. Carter, 405 U.S. 134, 145 (1972).
[19] The Forgotten Presidents and the Evolution of the Office of President of the
United States (Supplemental Printed Case for Oral Argument)
[20] - Birth Circumstances of Chester A. Arthur and Barack Obama (Brief of the
Appellant p.18, footnote #5)
[21] - (1) - Emer de Vattels Law of Nations - B.1,C.19 212. Citizens and Natives.
The citizens are the members of the civil society; bound to this society by
certain duties, and subject to its authority, they equally participate in its
advantages. The natives, or natural-born citizens, are those born in the
country, of parents who are citizens. As the society cannot exist and
perpetuate itself otherwise than by the children of the citizens, those children
naturally follow the condition of their fathers, and succeed to all their rights.
The society is supposed to desire this, in consequence of what it owes to its
own preservation; and it is presumed, as matter of course, that each citizen, on
entering into society, reserves to his children the right of becoming members
of it. The country of the fathers is therefore that of the children; and these
become true citizens merely by their tacit consent. We shall soon see whether,
on their coming to the years of discretion, they may renounce their right, and
what they owe to the society in which they were born. I say, that, in order to be
of the country, it is necessary that a person be born of a father who is a citizen;
for, if he is born there of a foreigner, it will be only the place of his birth, and
not his country.
[22] - Inglis v. Sailors Snug Harbor, 28 U.S. 99 (1830), Dred Scott v. Sandford, 60
U.S. 393 (1857), Minor v. Happersett, 88 U.S. 162, 167 (1875), U.S. v. Wong Kim Ark,
169 U.S. 649, 665 (1898)
[23] - Emer de Vattels Law of Nations - B.1,C.19 217. Children Born in the Armies
of the State. For the same reasons also, children born out of the country, in the
armies of the state, or in the house of its minister at a foreign court, are reputed born
in the country; for a citizen who is absent with his family, on the service of the state,
but still dependent on it, and subject to its jurisdiction, cannot be considered as
having quitted its territory
[24] - Citizen of the United States Only under Fourteenth Amendment to the
Constitution
[25] - Naturalization Act of 1790 stated that: children born out of the United States
to U.S. citizens shall be considered as natural born citizens. Repealed by
Naturalization Act of 1795 which stated: children born out of the United States to
U.S. shall be considered as citizens of the United States."
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[26] - Citizen of the United States Only under Fourteenth Amendment to the
Constitution
[27] - Citizen of The United States Only under the Immigration and Nationality Act of
1952 301,(a)7 & (b)
[28] - Article 1, Section 8 (1) The Congress shall have Power To lay and collect Taxes,
Duties, Imposts and Excises, to pay the Debts and provide for the common Defence
and general Welfare of the United States; . . . (4) To establish an uniform Rule of
Naturalization, and uniform Laws on the subject of Bankruptcies throughout the United
States;
[29] - 6 CFR 301.7701(b)-1 - Resident alien,
https://www.law.cornell.edu/cfr/text/26/301.7701(b)-1
[30] - False Personation of a Citizen (18 U.S.C. 911), Fraud and False Statements relating
to Citizenship (18 U.S.C. 1001), http://cis.org/myth-law-abiding-illegal-alien
[31] - Marbury v. Madison 5 U.S. 137 [p175]
[32] - https://www.washingtonpost.com/news/volokh-conspiracy/wp/2016/01/14/thecase-for-getting-rid-of-the-requirement-that-the-president-must-be-a-natural-borncitizen/?utm_term=.7530ed8128fe
[33] - Article III, Section 2 of the U.S. Constitution - The judicial Power shall extend to
all Cases, in Law and Equity, arising under this Constitution, the Laws of the United
States, and Treaties made, or which shall be made, under their Authority;to all
Cases affecting Ambassadors, other public Ministers and Consuls;to all Cases of
admiralty and maritime Jurisdiction;to Controversies to which the United States
shall be a Party;to Controversies between two or more States;between a State
and Citizens of another State;between Citizens of different States;between
Citizens of the same State claiming Lands under Grants of different States, and
between a State, or the Citizens thereof, and foreign States, Citizens or Subjects.
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