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Posted on 10/12/2009 10:27:44 PM PDT by STARWISE
The Federal Courts Are Committing Treason to the Constitution per Chief Justice John Marshall.
The federal courts and judges are committing treason to the Constitution by not taking jurisdiction and getting to the merits in the various cases before them regarding the Article II eligibility clause question for Obama.
It is worth keeping in mind the words of U.S. Supreme Court Chief Justice John Marshall when he wrote in Cohens v. Virginia 19 US 264 (1821):
"It is most true that this Court will not take jurisdiction if it should not: but it is equally true, that it must take jurisdiction if it should.
The judiciary cannot, as the legislature may, avoid a measure because it approaches the confines of the Constitution. We cannot pass it by because it is doubtful. With whatever doubts, with whatever difficulties, a case may be attended, we must decide it, if it be brought before us.
We have no more right to decline the exercise of jurisdiction which is given, than to usurp that which is not given. The one or the other would be treason to the constitution.
Questions may occur which we would gladly avoid; but we cannot avoid them. All we can do is, to exercise our best judgment, and conscientiously to perform our duty. In doing this, on the present occasion, we find this tribunal invested with appellate jurisdiction in all cases arising under the constitution and laws of the United States. We find no exception to this grant, and we cannot insert one."
Link to the treason quote in case context
The Judge in the Kerchner v Obama & Congress lawsuit and the Judges in the other cases should simply read the words of U.S. Supreme Court Chief Justice Marshall from the past and take jurisdiction of the constitutional question of the Article II eligibility clause in the Constitution and proceed to a fact finding hearing and trial on the merits to see if Obama is Constitutionally eligible or not.
I say Obama is NOT eligible. But we need the federal courts to take the cases and get a SCOTUS ruling to settle this.
Charles F. Kerchner, Jr. CDR USNR (Ret) Lead Plaintiff Kerchner et al v Obama & Congress et al
~~PING!
yup
Ping to legal discussion of eligibility cases.
Roll call for after-birthers what say you?
Who does this John Marshal guy think he is anyway? Didn’t he get the shadow government message? NWO-Soros says back off we have our puppet, he cost a lot and we aren’t done using him.
Therein lies the problem. None of these courts has the authority to remove a sitting president. (Only D.C. via QW) So the issue isn't (IMO) that these courts are shirking their jurisdictional responsibilities. They are rightfully turning down jurisdiction. Yeah, it sucks! But that's where we stand.
Yup, completely. LoL!
In a decade or three, people young enough to still be around, and old enough to care, will learn why the great concealer refused to release *any* of his history. He will then become appropriately reviled.
Do you have a link back to the transcript? I will make some coffee if you are going to be up a while?
parsy, who is nodding
Let the record reflect that a birther cast the first stone on this thread, as usual.
We’re here to address the subject matter of the thread, which is a legal discussion of whether or not the courts have jurisdiction over the eligibility cases.
Ping to a legal discussion of jurisdiction in the eligibility cases.
UH nice try I see you are learning from Orly, ROFLMAO I didn't cast any stones, they are just rolling around in the anti-birthers heads as usual.
rs
I don’t think it will take that long, do you? We’ve uncovered so much about him in just two short years. Surely he won’t be able to hide for that long.
It’s extremely rude of you to attempt to take STARWISE’s thread off topic by redirecting attention to those whom you prefer not be commenting on the thread.
Please stay on topic.
“But Carter sounds like he wants the legal route played through, and has chastised Taitz not for frivolity but for distractions – particularly her refusal to work with fellow plaintiffs’ attorney Gary Kreep – that threaten to further slow proceedings.”
I think this is salient point. I did not come away with this impression. Do you have a link.
parsy, who is freezing in the midst of global warming
I’ll see if I can find one. Carter has criticized Taitz for pretty much everything under the sun including insulting American mothers of citizens.
Assuming what you say is true and it could be argued otherwise seeing as he would not be President because he would be found unconstitutional, if we had a judcial finding that he is not supposed to be in the Oval Office, we would have a field day rubbing the Congress’ collective nose in the big constitutional mess they made. We could make a big deal about what a danger it is to the Nation to put Marxists in power and permit them control over our education systems.
In addition, soldiers are in danger because of the Muslim’s inability to act as CIC. This would make it official - he is not CIC. We could sue over every unconstitutional move the socialists make and we would have a pattern of them usurping the constitution. About all those Marxist Czars... And the Rinos who abetted the usurption of the constitution...can you say bye-bye?
The possibilities are endless. I think they would want to get rid of him and then we would have plugs or stretch with no real backing or credibility and who were both involved in treason to the constitution.
Material from ocregister.com must be excerpted per publisher.
Good find! Thanks, Starwise.
I’m... *cautious* enough to think that he may be able to stuff all of his documentation into “Presidential Archives” for some time. Even so, the truth will out sooner or later, and lots of people will say, “I voted for *that*?!”
If I thought the courts had jurisdiction, I’d support that argument. I understand the argument that if he’s not a natural born citizen (and I don’t believe he is due to his British citizenship at birth) then he has usurped the office, but how does one prove that? If we can’t prove it (without discovery), then he is assumed to be holding the office legally.
You’ve heard all the reasons why that is so:
- The secretaries of state certified him to be on the ballot.
- The electoral college cast their votes for him.
- The Congress certified the electoral votes and didn’t submit written challenges.
- The Chief Justice swore him into office, twice.
The time for challenging his eligibility through this particular avenue has long since passed. Yeah, that sucks. But it’s where we stand.
I don’t know the answer (maybe quo warranto), but I truly believe that the law doesn’t support these eligibility cases (standing or jurisdiction), especially Taitz’s but that’s another subject.
.
OOOOoh .. thank you. My fault, sorry. I didn’t search that. I’ll excerpt it.
Welcome ..
We challenged it and were ignored by the elected officials and the State electors. So the courts have to settle it. But we’ll see if they do their duty to uphold the constitution. No one else has.
You are right. Leo’s case in DC might become something. But I am not sure Leo is much more than a yapper.
The KosKiddies are already saying that. I posted a thread a couple of weeks ago (or so) where I excerpted their comments on that very subject. I believe they were upset about Van Jones at the time. It was hilarious!
I could be wrong, but I thought that the Presidential Records applied only to the documents created by a sitting president and not to documents prior to his term.
Judges of 2 minds on Obama’s birthplace allegations
Georgia judge dismisses a suit as ‘frivolous,’ while Santa Ana judge is proceeding toward trial.
*snip*
In the ongoing sideshow to the Obama presidency, Land called the case “frivolous” and threatened to sanction Taitz if she brought another such suit before him.
Meanwhile in Santa Ana, U.S. District Judge Carter continues not only to consider a similar suit by Taitz, but has weathered incomplete fillings by Taitz, her effort to expel two of her clients from the case (rejected), her request that a magistrate judge be removed from the case (denied), her effort to boot a fellow attorney from the case (unlikely), and her effort to have a witness deliver testimony during an administrative hearing (denied).
*snip*
But as far as Land is concerned, there was no argument when it comes to Obama’s birthplace.
*snip*
“It would appear that ample opportunity existed for discovery of evidence that would support any contention that the president was not eligible for the office he sought,” Land said.
*snip*
But Carter sounds like he wants the legal route played through, and has chastised Taitz not for frivolity but for distractions – particularly her refusal to work with fellow plaintiffs’ attorney Gary Kreep – that threaten to further slow proceedings.
“If President Obama fits the qualifications under the rules of the court, the longer the delay the more credibility it lends to the complaint,” he said at a Sept. 8 hearing. “If President Obama does not meet the court’s requirements, the delay also causes a problem.”
http://www.ocregister.com/articles/obama-taitz-land-2572977-carter-judge
That's my point. They ignored us because we had no tangible proof.
So the courts have to settle it.
Orly had the perfect opportunity to make that case in response to the DOJ's assertion that it was up to Congress to resolve any questions of eligibility. She ignored a golden opportunity.
DITTO!!
Didn't Taitz file her lawsuit before the election and against *citizen* Obama, not President Obama?
That is a good find, too! They actually reported on it. That is a shocker. I wonder if Fox News is looking into it. What do you think?
Yes, maybe she did. But the judge knows it from the documentation she gave to him.
There were cases before he got into office. There was also letters sent to State electors before they voted. And ofcourse, McLame as asked to find out by Republicans as well. Then we all wrote letter to congresscritters before they voted to make sure he’s eligible before voting.
Have no clue ... at one point, there was
an interview .. maybe at the last hearing,
with someone there from Fox. I found this
last Wegener interview from Oct. 5 very
interesting with Wiley Drake, after the
Taitz segment:
http://www.youtube.com/watch?v=RKikWRt_DwY&feature=player_embedded
I think this one was filed on Jan. 20th at around 3:00 PM or maybe that was when she tried to serve it. I’m not sure.
From the unofficial 10/5 transcript, Pages 16-17:
CARTER then said the government has said that the government should he solve [sic] this issue. Once the president has taken office we're in a different situation. Prior to that the Electoral College could have addressed it, and that would have been the time to file these lawsuits.
You (TAITZ) filed on the day of the inauguration. Why file on election day? There was then a long discussion about the exact date and time that these papers were filed.
TAITZ said, I filed before he was inaugurated.
THE COURT: Well, according to the time stamp it was filed at 3:00 p.m. Why wait until 3:00 when we already have a duly-sworn president rather earlier in the day or much prior to that?
TAITZ responded that she had another case in November before he was duly sworn in.
THE COURT: He was already sworn in before this case ever got to my desk. You had a lack of diligence. Why wait until the last day?
I'm going to make a finding that the opportunity was lost for the Electoral College to address it. Why did you wait until the last day, and until 3:00 p.m. at that?
TAITZ replied, I did file another case...>>snip<<
CARTER stopped her, saying that he was deeply concerned about whether her plaintiffs had standing, and he reiterated the different categories of plaintiffs. With respect to retired military and active military he said it was conjectural and hypothetical. With respect to state elected officials and candidates he said essentially the same thing. It's questionable as to whether these groups have standing.
Why wouldn’t Carter and all the way up to SCOTUS have jurisdiction to determine eligibility as per the constitution and leave aside the removal from office aspect? Pending the outcome, I’d think standing for Quo Warranto would be a lot easier to determine as every citizen would have standing based on the violation of the constitution. Then send in the Marshals.
See Post #39.
I’m also wondering where this case has got to. I pray daily for Judge Carter to make the right choice, and pray for his safety from the Kenyan and his goons as he does so.
bump
What part of the second half of that sentence is so hard for Birthers to comprehend? For the record I agree completely with Chief Justice Marshall. And all these Birther cases to date have failed because the plaintiff lacks standing or the court lacks jurisdiction. If Judge Carter decides to dismiss the Keyes case will you still quote Chief Justice Marshall and agree that the court should not take cases where they have no jurisdiction? Or will you follow the Birther model and call him a traitor of corrupt or a coward or some such thing because, after all, Orly Taitz is the most brilliant legal mind to come down the pike in generations and she just can't be wrong?
My wife and I sent challenge letters to ALL of our Florida electors before the counts!!!
It was more important to him (cowardly ruling) to kill the messenger than look at the issue merits!!!
So, in a nutshell, regardless of a candidate’s eligibility for office being elected to the office results in eligibility. If he wasn’t eligible before the election how is it that his election makes him eligible?
Not being a smart ass, honest. I just don’t see how electing him to an office for which he was not eligible suddenly made him eligible.
Isn’t that sort of like saying that even though I don’t have a authentic pilot’s license if I can trick an airline into hiring me to fly for them there’s nothing the FAA can do to keep me out of the cockpit? Or, for that matter can’t even ask me to produce my valid license?
Hue and Cry.
Didn't complain about the ping list in post #2 though.
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