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Quo Warranto filed in California (against Obama)
Writers Syndicate ^ | Oct 31 | David Herndon

Posted on 10/31/2008 12:03:09 PM PDT by djf

For those who don't know, a "Quo Warranto" is an ancient common law writ which commands the court to determine "by what authority" a person or corporation acts. If a person were to get as much as a speeding ticket, he could file this type of writ against the police officer. The judge ain't gonna like it, and will probably chew you a new one, but it has to get answered.

http://www.legal-explanations.com/definitions/quo-warranto.htm

And being a "common law" writ, heres the good and juicy: EVERYONE HAS STANDING!

Here are a couple paragraphs from the writ:

Quo Warranto: 2. Pleadings in quo warranto are anomalous. In ordinary legal proceedings, the plaintiff, whether he be the state or a person, is bound to show a case against the defendant. But in an information of quo warranto, as well as in the writ for which it substituted, the order is reversed. The state is not bound to show anything, but the defendant is bound to show that he has a right to the franchise or office in question; and if he fail to show authority, judgment must be given against him. Bouvier’s Law Dictionary, by John Bouvier; 1868 - 1870

QUO WARRANTO, is hereby directed against defendant the BARACK OBAMA, et als,, acting under color of office within the State of Illinois, as SENATOR OF THE UNITED STATES, as well as within the State of California, you are hereby commanded to show your lawful authority to instantly produce UNDER EXIGENT CIRCUMSTANCES, your proper and lawful bona fides as required by the concise rule of law. WHEREAS, you are hereby directed to show your proper delegation legal authority thereby, under QUO WARRANTO terms and conditions cited herein in the following particulars:

To read the whole thing, see this link:

http://nationalwriterssyndicate.com/content/view/780/2/


TOPICS: Constitution/Conservatism; News/Current Events; Politics/Elections
KEYWORDS:
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1 posted on 10/31/2008 12:03:11 PM PDT by djf
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To: djf
Why so late? Why wasn't this done months ago?

I am very frustrated and discouraged by the lack of action and coverage by the Republican Party, the PACs, and the conservative media ( especially Rush Limbaugh and Sean Hannity).

2 posted on 10/31/2008 12:06:37 PM PDT by wintertime (Good ideas win! Why? Because people are NOT stupid)
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To: djf

All this waiting until the last minute makes me suspect that Obama’s birth certificate is real.


3 posted on 10/31/2008 12:07:17 PM PDT by Moonman62 (The issue of whether cheap labor makes America great should have been settled by the Civil War.)
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To: djf

Legs or more stupid lawyer tricks?


4 posted on 10/31/2008 12:08:43 PM PDT by SERKIT ("Blazing Saddles" explains it all.....)
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To: wintertime

Not only that, but the Clinton crime machine didn’t pursue it either.


5 posted on 10/31/2008 12:08:52 PM PDT by Moonman62 (The issue of whether cheap labor makes America great should have been settled by the Civil War.)
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To: djf

At this point in the game, this in not how we want to win. We need to beat them at the polls and not on technicalities.

A win on issues like this would turn Obama from a Senator into a Martyr.


6 posted on 10/31/2008 12:09:44 PM PDT by PetroniusMaximus
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To: Moonman62

Does the army of lawyers Obama has fighting these cases make you suspect anything?


7 posted on 10/31/2008 12:10:30 PM PDT by cripplecreek (Paying taxes for bank bailouts is apparently the patriotic thing to do. [/sarc])
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To: Moonman62
All this waiting until the last minute makes me suspect that Obama’s birth certificate is real.

We have no idea if it exists, let alone if it is legitimate: Nobody's ever seen it.
8 posted on 10/31/2008 12:14:49 PM PDT by Infidel Puppy
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To: cripplecreek

It makes me suspect that he doesn’t want any default judgments against himself.


9 posted on 10/31/2008 12:15:27 PM PDT by Moonman62 (The issue of whether cheap labor makes America great should have been settled by the Civil War.)
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To: SERKIT

Depends on what the California Civil code says. I believe CA is a common law state.
Washington state is.

The O-man is either a natural born citizen or not. If not, and assuming the worse and he is elected, then his status will not change just because of what happens Nov 4th.

If he is constitutionally ineligible to be president I think it would be a very, very good thing for him to never take the oath of office.

If he knowingly takes the oath, and gets booted from office and some sort of civil war ensues, MAKE NO MISTAKE, it’s HIS FAULT!


10 posted on 10/31/2008 12:16:06 PM PDT by djf (I have dimes. Brother, can you spare a dame?)
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To: Infidel Puppy

Which means very little if Hillary and the GOP didn’t pursue it.


11 posted on 10/31/2008 12:17:09 PM PDT by Moonman62 (The issue of whether cheap labor makes America great should have been settled by the Civil War.)
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To: PetroniusMaximus
At this point in the game, this in not how we want to win.

And if he wins and is later found to be ineligible to hold office do you really believe the democrats would act to remove him?

If that happens, how long do you think it would be before a George Soros shows up at the supreme court demanding his "right" to run and cites the Obama precedent? The constitutional requirement is not a technicality.
12 posted on 10/31/2008 12:17:15 PM PDT by cripplecreek (Paying taxes for bank bailouts is apparently the patriotic thing to do. [/sarc])
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To: All

This is unfortunately a stunt. This is an improper use of quo warranto and will be dismissed very quickly.


13 posted on 10/31/2008 12:19:10 PM PDT by calif_reaganite
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To: PetroniusMaximus
We need to beat them at the polls and not on technicalities.

With all due respect for your sensitivities, the Constitution of the United States of America and its mandates are NOT "technicalities". The consequences of the election of a person who CANNOT serve in the office are consequential and far reaching. Do some research on your own and educate yourself to the consequences.

A win on issues like this would turn Obama from a Senator into a Martyr.

So what. A small price to pay for saving the Republic.

Meanwhile, let's all dedicate ourselves to making all this moot, by making sure the poseur is sent packing on election day. Let's crush the b*st*rd's n#tz at the polls.

14 posted on 10/31/2008 12:20:26 PM PDT by John Valentine
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To: Moonman62
It makes me suspect that he doesn’t want any default judgments against himself.

So spending hundreds of thousands of dollars to avoid default judgements is wiser than simply signing a paper to allow the world to take a look?

He should follow John McCain's example and prove his eligibility.
15 posted on 10/31/2008 12:21:25 PM PDT by cripplecreek (Paying taxes for bank bailouts is apparently the patriotic thing to do. [/sarc])
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To: cripplecreek

Except...

So he gets elected and is proven to be ineligible.

He calls up someone at the Pentagon and says “You guys need to get to South Slobovia right away”

At which point some five star general says “Who the hell are you?”


16 posted on 10/31/2008 12:23:01 PM PDT by djf (I have dimes. Brother, can you spare a dame?)
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To: PetroniusMaximus

A win on issues like this would turn Obama from a Senator into a Martyr.

But he wouldn’t be “President Elect” Martyr ......


17 posted on 10/31/2008 12:23:19 PM PDT by SkyDancer ("I Believe In The Law Until It Interferes With Justice")
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To: All

ping


18 posted on 10/31/2008 12:24:22 PM PDT by Brian S. Fitzgerald
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To: Infidel Puppy
We have no idea if it exists, let alone if it is legitimate: Nobody's ever seen it.

One has to ask then why the governor of Hawaii suppressed all access to his birth records .....

19 posted on 10/31/2008 12:24:33 PM PDT by SkyDancer ("I Believe In The Law Until It Interferes With Justice")
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To: John Valentine

In Illinois it’s statutory:

735 ILCS 5/18-101


20 posted on 10/31/2008 12:24:45 PM PDT by DGodbey
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