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Hearing set for soldier in Obama birth certificate case
CNN ^ | August 6, 2010 8:56 a.m. EDT | By the CNN Wire Staff

Posted on 08/06/2010 7:40:24 AM PDT by Jonah Vark

A court hearing is scheduled for Friday in the case of an Army officer who has refused to deploy to Afghanistan because, in his view, President Barack Obama has not proven that he was born in the United States and is therefore ineligible to be president.

(Excerpt) Read more at cnn.com ...


TOPICS: Constitution/Conservatism; Government; Politics/Elections
KEYWORDS: army; birthcertificate; certificate; certifigate; eligibility; hawaiianusurper; lakin; military; naturalborncitizen; obamabirth; terrylakin; usurper
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To: jamese777
You have got to read the footnotes, to wit...


14We note the fact that the Court in Wong Kim Ark did not actually pronounce the plaintiff a “natural born Citizen” using the Constitution‟s Article II language is immaterial. For all but forty-four people in our nation‟s history (the forty-four Presidents), the dichotomy between who is a natural born citizen and who is a naturalized citizen under the Fourteenth Amendment is irrelevant. The issue addressed in Wong Kim Ark was whether Mr. Wong Kim Ark was a citizen of the United States on the basis that he was born in the United States. Wong Kim Ark, 169 U.S. at 705, 18 S. Ct. at 478.

15We reiterate that we do not address the question of natural born citizen status for persons who became United States citizens at birth by virtue of being born of United States citizen parents, despite the fact that they were born abroad. That question was not properly presented to this court. Without addressing the question, however, we note that nothing in our opinion today should be understood to hold that being born within the fifty United States is the only way one can receive natural born citizen status.

121 posted on 08/06/2010 1:02:07 PM PDT by philman_36 (Pride breakfasted with plenty, dined with poverty, and supped with infamy. Benjamin Franklin)
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To: jamese777
For all the reasons you list above, you have every right to vote against Obama in 2012.
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^

For all the reasons listed below Obama will have a hard time getting on the ballot in all 50 ( oh!..or is that “57”?) states:

Fact: It is a simple matter to prove that one is a natural born citizen.

Fact: Obama has gone to considerable effort and spent tax dollars and his own to prevent the release of the common documents that would prove ( or disprove) his natural born status.

Fact: A natural born president would be **HONORED** to promptly prove ( with the **best** evidence) to any soldier or citizen that he was indeed natural born and eligible to be president and Commander in Chief.

Conclusion: That Obama has treated military officers and citizens in the manner that he has, strongly indicates that he is a usurper.

122 posted on 08/06/2010 1:03:33 PM PDT by wintertime (Good ideas win! Why? Because people are not stupid.)
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To: jamese777
One court in Indiana has ruled specifically with regard to the two parent issue and Barack Obama.
Do you still stand by your pronouncement having read the footnotes associated with the specific section you quoted?
123 posted on 08/06/2010 1:10:55 PM PDT by philman_36 (Pride breakfasted with plenty, dined with poverty, and supped with infamy. Benjamin Franklin)
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To: jamese777

And I’m not half as good as others here at FR at squashing BS like yours!


124 posted on 08/06/2010 1:17:20 PM PDT by philman_36 (Pride breakfasted with plenty, dined with poverty, and supped with infamy. Benjamin Franklin)
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To: jamese777
“If the Governor of Hawaii, the Attorney General of Hawaii, the Director of Health of Hawaii and the Registrar of Records of Hawaii are all standing behind Obama’s birth there, do you really think that the long form is going to say something different? Why would four Republicans/Republican appointees put their very professional futures on the line for Obama? “(jamese777)

^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^

Well?...Gee! Since it is all sooooooo straight forward why didn't and why doesn't Obama simply release all the of the best evidence that would prove ( or disprove) his natural born status.

Oh...And by the way, the issue is natural born status. There is more to be a natural born citizen than merely being born in Hawaii, if indeed that was the case.

By the way, Rush Limbaugh, again ( in a **very** respectful and **serious** manner), talked about the Birthers and their concerns. That's twice in one week. There is no way Obama’s eligibility can be considered a kooky “fringe” issue.

Again:

Fact: It is a simple matter to prove that one is a natural born citizen.

Fact: Obama has gone to considerable effort and spent tax dollars and his own to prevent the release of the common documents that would prove ( or disprove) his natural born status.

Fact: A natural born president would be **HONORED** to promptly prove ( with the **best** evidence) to any soldier or citizen that he was indeed natural born and eligible to be president and Commander in Chief.

Conclusion: That Obama has treated military officers and citizens in the manner that he has, strongly indicates that he is a usurper.

125 posted on 08/06/2010 1:22:49 PM PDT by wintertime (Good ideas win! Why? Because people are not stupid.)
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To: eCSMaster

I think the city of Washington DC would burn to the ground with rioting if he was impeached and removed.

Think how sad that would be....

Lets impeach him, ASAP. Like now.


126 posted on 08/06/2010 1:26:35 PM PDT by PA-RIVER
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To: wintertime

For all the reasons listed below Obama will have a hard time getting on the ballot in all 50 ( oh!..or is that “57”?) states:

Fact: It is a simple matter to prove that one is a natural born citizen.

Fact: Obama has gone to considerable effort and spent tax dollars and his own to prevent the release of the common documents that would prove ( or disprove) his natural born status.

Fact: A natural born president would be **HONORED** to promptly prove ( with the **best** evidence) to any soldier or citizen that he was indeed natural born and eligible to be president and Commander in Chief.

Conclusion: That Obama has treated military officers and citizens in the manner that he has, strongly indicates that he is a usurper.


It is certainly your first amendment prerogative to consider Obama to be a usurper. Go for it! Enjoy! Attack!

Obama presented evidence that he was a natural born citizen to the world when he posted his Certification of Live Birth on the internet for the entire planet to see. It says that he was born at 7:24 p.m. on August 4, 1961 in the City of Honolulu, in the County of Honolulu, on the Island of Oahu, in the state of Hawaii. Two newspaper birth announcements in the local Honolulu newspapers of August 13, 1961 and August 14, 1961 back that information up.

That information has also been authenticated and re-confirmed by the Republican Governor of Hawaii, Linda Lingle, by the Republican Attorney General of Hawaii, Mark L. Bennett and also by the Governor’s appointees Dr. Chiyome Fukino, Director of Health and Dr. Alvin T. Onaka, Registrar of Records. Additionally, 71 lawsuits have attempted to get rulings that Obama is ineligible, all 71 have failed including 8 attempts at the Supreme Court of the United States: Berg v Obama, Beverly v FEC, Craig v US, Donofrio v Wells, Herbert v Obama, Lightfoot v Bowen, Schneller v Cortes, and Wrotnowski v. Bysiewicz.

Time will tell whether Obama’s on the ballot in 2012 or not.

Military officers and enlisted personnel don’t care how they are treated by Commanders-in-chief, they do their duty to the nation, regardless. One officer has most likely ruined his career in opposition while still accepting pay checks from Obama while a million three hundred thousand others continue to serve the nation. I would note that Secretary of Defense Gates (who held the same position under George W. Bush) and General David Petraeus seem to have no problem serving under Obama. Presidents come, presidents go, but the nation’s defense is forever.

Real usurpers usually don’t receive 69.4 million popular votes and 365 electoral college votes with no challenges to their electoral college votes from any of the 535 members of Congress. Usurpers aren’t often at 71 wins and 0 losses in lawsuits challenging their eligibility.

If you were ever to be really honest with yourself, you’d admit that there is NO information that Barack Hussein Obama II could EVER present that would convince you that he’s a natural born citizen.


127 posted on 08/06/2010 1:31:21 PM PDT by jamese777
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To: Drew68

http://www.freerepublic.com/focus/f-news/2565970/posts


128 posted on 08/06/2010 1:41:51 PM PDT by rolling_stone
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To: Beckwith

As an amateur genealogist, my questions are -

Is a newspaper article a legal document that could be presented as proof of birth in a court of law?

Why is no hospital in Hawaii claiming that Obama was born in their facility?

Why doesn’t the Hawaii DOH confirm that the COLB posted on the internet was indeed issued from their office?

If the COLB posted on the internet is proven to be a fake, why would Obama provide a fake birth record if he has an authentic one?

.....
Can anyone here answer my questions?


129 posted on 08/06/2010 1:42:22 PM PDT by Jonah Vark (Any 5th grader knows that the Constitution declares the separation of powers.)
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To: jamese777

http://www.youtube.com/watch?v=5j2F4VcBmeo&feature=related


130 posted on 08/06/2010 2:03:43 PM PDT by rolling_stone
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To: Jonah Vark

As an amateur genealogist, my questions are -

Is a newspaper article a legal document that could be presented as proof of birth in a court of law?


No, a newspaper article can be corroborating evidence only and is usually considered hearsay. There are exceptions and a judge can rule an article to be admissible as evidence.
“Often, when offered to prove that certain statements were
made, newspaper and magazine articles are held inadmissible as hearsay. However, Federal Rule of Evidence 803(24), the “residual” or “catch-all” exception to the hearsay rule, provides a mechanism by which they may sometimes be admitted. The section reads, in pertinent part, as follows:
The following are not excluded by the hearsay rule,
even though the declarant is available as a witness:
....
(24) Other exceptions. A statement not specifically
covered by any of the foregoing exceptions but having
equivalent circumstantial guarantees of trustworthiness,
if the court determines that (A) the statement is offered
-2-
as evidence of a material fact; (B) the statement is
more probative on the point for which it is offered than
any other evidence which the proponent can procure
through reasonable efforts; and (C) the general purposes
of these rules and the interests of justice will best be
served by admission of the statement into evidence.
Fed. R. Evid. 803(24
The legislative history of this rule indicates that it should be applied sparingly. But the trial court has broad discretion in assessing the probity and trustworthiness of evidence.
Although Rule 803(24) lists probativity and trustworthiness as separate requirements, the two requirements must be considered as linked. In essence, the task of the Court, in assessing whether a certain piece of evidence may be admitted under 803(24), is to balance the need for the evidence, in light of other available evidence, against its trustworthiness, assessed in light of the surrounding circumstances.

Courts have been willing to admit hearsay evidence under 803(24) when the declarant is available and subject to cross-examination and the hearsay statement in question was not the product of faulty perception, memory or meaning, the dangers against which the hearsay rule seeks to guard.


Why is no hospital in Hawaii claiming that Obama was born in their facility?

Since the implementation of HIPAA (Health Insurance Portability and Accountability Act) in 2003, a hospital could be fined up to $250,000 for releasing confidential health information without the person named on the document’s permission.

“Why doesn’t the Hawaii DOH confirm that the COLB posted on the internet was indeed issued from their office?”

Because a scanned image of a document is not within their authority to confirm or deny. However the Director of Communications for the Hawaii Department of Health did respond to that point in an article published in the Washington Independent newspaper:
Janice Okubo of the Hawaii Department of Health quoted by the Washington Independent on July 17, 2009: “Ironically, the ‘birther’ movement began in response to Obama’s own efforts to debunk rumors. One year ago this week, the presidential campaign of then-Sen. Barack Obama launched FightTheSmears.com, a web site designed to push back against false rumors about the first African-American presidential nominee. To push back against rumors that he was not born in Hawaii, the campaign reproduced a Certificate of Live Birth from the state’s Health Department. Instead of terminating the conspiracy theories, that inspired new theories — that the certificate had been forged or that even if it hadn’t been forged it was the sort of certificate that could be given to someone born outside of the United States. But the certificate is specific about Obama’s birth in Honolulu, down to the 7:24 p.m. time.

‘It’s crazy,’ said Janice Okubo, director of communications for the Hawaii Department of Health. ‘I don’t think anything is ever going to satisfy them.’”

Okubo, who said that she gets weekly questions from Obama ‘Birthers’ that are ‘more like threats,’ explained that the Certificate of Live Birth reproduced by Obama’s campaign should have debunked the conspiracy theories. ‘If you were born in Bali, for example,’ Okubo explained, ‘you could get a certificate from the state of Hawaii saying you were born in Bali. You could not get a certificate saying you were born in Honolulu. The state has to verify a fact like that for it to appear on the certificate. But it’s become very clear that it doesn’t matter what I say. The people who are questioning this bring up all these implausible scenarios. What if the physician lied? What if the state lied? It’s just become an urban legend at this point.’”


“If the COLB posted on the internet is proven to be a fake, why would Obama provide a fake birth record if he has an authentic one?”

A scanned image can be inaccurate without being forgery. Whoever did the actual scanning might need to address that question under cross examination. At any point in time, any newspaper/media reporter could ask Governor Lingle of Hawaii your questions but the Governor has only issued the following statement in a radio interview:

“You know, during the campaign of 2008, I was actually in the mainland campaigning for Senator McCain. This issue kept coming up so much in the campaign, and again I think it’s one of those issues that is simply a distraction from the more critical issues that are facing the country. And so I had my health director, who is a physician by background, go personally view the birth certificate in the birth records of the Department of Health, and we issued a news release at that time saying that the president was, in fact, born at Kapi’olani Hospital in Honolulu, Hawaii. And that’s just a fact. And yet people continue to call up and e-mail and want to make it an issue. And I think it’s, again, a horrible distraction for the country by those people who continue this. ... It’s been established. He was born here.”—Governor of Hawaii Linda Lingle (R)


131 posted on 08/06/2010 2:16:28 PM PDT by jamese777
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To: Jonah Vark
If I were you I would look up the sources you've been given and determine the veracity and applicability of such statements on your own.
For instance...
The legislative history of this rule indicates that it should be applied sparingly. But the trial court has broad discretion in assessing the probity and trustworthiness of evidence.
That comes directly, and verbatim, from ROBERT E. WRIGHT, SR. v MONTGOMERY COUNTY, et al.

It's not hard to find the sources even though links aren't given.

132 posted on 08/06/2010 2:30:24 PM PDT by philman_36 (Pride breakfasted with plenty, dined with poverty, and supped with infamy. Benjamin Franklin)
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To: jamese777; Beckwith

“No, a newspaper article can be corroborating evidence only and is usually considered hearsay. There are exceptions and a judge can rule an article to be admissible as evidence.”

THANK YOU.
................

“Since the implementation of HIPAA (Health Insurance Portability and Accountability Act) in 2003, a hospital could be fined up to $250,000 for releasing confidential health information without the person named on the document’s permission.”

SIMPLE REMEDY TO THAT OBSTACLE. - WHY DOESN’T THE PERSON NAMED ON THE DOCUMENT, WHO ALREADY CLAIMED HE WAS BORN AT KAPI’OLANI HOSPITAL , GIVE THE HOSPITAL AND THE HAWAII DOH PERMISSION TO CONFIRM HIS BIRTH THERE?
http://www.theobamafile.com/_images/obamahospitalletter.jpg
INCIDENTLY, WHY DID KAPI’OLANI HOSPITAL SCRUB THIS LETTER FROM THEIR WEBSITE?
……………

JANICE OKUBO SHOULD ISSUE A WRITTEN STATEMENT (WITH OBAMA’S PERMISSION) THAT THE INTERNET COLB APPEARS TO BE THE DOCUMENT THEY ISSUED TO BARRACK OBAMA ON JUNE 6, 2007 AND THEN PROVIDE THE SUPPORTING DOCUMENTATION. IF GOV. LINDA LINGLE AND JANICE OKUBO MADE THEIR STATEMENTS BEFORE A FEDERAL JUDGE INSTEAD OF A RADIO INTERVIEW, THEY MAY HAVE MORE CREDIBILITY.

BETTER YET, I WISH OBAMA WOULD ALLOW DOCUMENT FORENSIC EXPERTS TO EXAMINE THE COLB. THAT WOULD PUT SOME OF THE SPECULATION TO REST.
……………

THANK YOU FOR RESPONDING. HOWEVER, YOUR ANSWERS TO MY QUESTIONS HAVE PROMPTED EVEN MORE UNANSWERED QUESTIONS.


133 posted on 08/06/2010 4:00:19 PM PDT by Jonah Vark (Any 5th grader knows that the Constitution declares the separation of powers.)
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To: Jonah Vark

Why all the capital letters?
If being born in a hospital is important to natural born citizen status, George Washington, John Adams, Thomas Jefferson, and James Madison are in big trouble!
Anybody know what hospital the George Bushes and Bill Clinton were born in?

True story: my Goddaughter was born in her father’s car rushing to the maternity ward. That information is nobody’s business unless she chooses to reveal it.
If Obama was delivered by a hippie midwife on a commune at a North Shore beach on Oahu, he’s still born in Hawaii.

Obama has been very diligent about not giving his political opposition any information about his life that he doesn’t want them to have. You can hate him for that and fault him for that and vote against him for that but its not illegal to keep one’s private life private even as a public person.
Obama knows that those who are digging for details of his birth and childhood would never vote for him in a million years, so why give them the satisfaction?

On the other hand, there is a large group of voters who constantly have their citizenship status challenged and questioned: Latinos. And Obama desperately needs their votes for reelection in 2012. They gave him 66% of their support in 2008, perhaps he’s trying to up that percentage in part using the birther issue.

I think Obama likes keeping this issue alive and unresolved. His community organizing mentor, Saul Alinsky is famous for saying: “take what your opponents think is your greatest weakness and use it against them.”

The Constitutional Law lecturer at the University of Chicago Law School part of Obama must enjoy winning lawsuits on this issue. Thus far he’s 71 dismissals and 0 trials on his birth certificate lawsuits.

If anyone wants statements on the record from Hawaii governmental officials or examination of the Obama birth documents by forensic experts, a Grand Jury investigation utlizing subpoena power is the best way to accomplish that.
Any jurisdiction where Obama’s name was on the ballot can undertake such an investigation. Grand juries go on “legal fishing expeditions” for possible evidence that would lead to indictments all the time.


134 posted on 08/06/2010 4:43:46 PM PDT by jamese777
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To: jamese777

Mombassa isn’t on Oahu, last time I checked.


135 posted on 08/06/2010 4:46:18 PM PDT by editor-surveyor (Obamacare is America's kristallnacht !!)
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To: jamese777

As presented by rolling_stone
http://online.wsj.com/article/NA_WSJ_PUB:SB121842058533028907.html
And presented last year
http://www.freerepublic.com/focus/f-news/2303258/posts
with the update I presented earlier
http://www.westernjournalism.com/exclusive-investigative-reports/clearing-the-smoke-on-obamas-eligibility-updated/
Lack of attention to the documents created at the time of reporting a birth event can be a problem later.
We do not know the type of document created in 1961 so as to allow the creation of the posted ‘birth certificate’ by Obama. Different legal environments will ascribe different levels of evidence/proof to each (principle of ‘best evidence’?).
At present we do not have a clear definition of ‘natural born citizen’ nor a clear, cogent and robust procedure to verify that a candidate meets the requirements. Over the decades, vetting a candidate seems to have been left to ‘investigative journalists’ who have recently become nearly extinct. Any questioning of the President’s policies, background or qualifications brings charges of racism and worse.
This issue won’t go away until it is answered, not merely addressed.


136 posted on 08/06/2010 5:37:19 PM PDT by PeteCat
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To: bvw

And he posts on a leftist site, like many of the other 0thugga toadies.


137 posted on 08/06/2010 6:09:42 PM PDT by little jeremiah
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To: jamese777


Why all the capital letters?

I’m a newbie here. I italicized my comments to show separation from yours but since italics didn’t materialize I switched to caps. No, I wasn’t yelling.

If being born in a hospital is important to natural born citizen status, George Washington, John Adams, Thomas Jefferson, and James Madison are in big trouble!
Anybody know what hospital the George Bushes and Bill Clinton were born in?

You’re not stupid so I won’t waste my time explaining that it’s not IF he was born in a hospital that is significant.

Obama has been very diligent about not giving his political opposition any information about his life that he doesn’t want them to have. You can hate him for that and fault him for that and vote against him for that but its not illegal to keep one’s private life private even as a public person.

Obama relinquished his right to total privacy when he became a politician. My children had to provide their college transcripts in order to get jobs, shouldn’t the president freely reveal his? Can’t be worse than McCain’s class rank of third from the bottom.

I’m into genealogy and found Obama’s American family going back generations. But when trying to find his recent history I ran into so many brick walls it’s a wonder I don’t have a concussion. Now who has the power and the wherewithal to execute such an enormous cover up?


On the other hand, there is a large group of voters who constantly have their citizenship status challenged and questioned: Latinos. And Obama desperately needs their votes for reelection in 2012. They gave him 66% of their support in 2008, perhaps he’s trying to up that percentage in part using the birther issue.

Obama suing Arizona is evidence of his desperation to get the Latino vote. But it’s going to backfire. He has angered far more Americans by this action and stands to lose far more Patriot votes than Latino votes he might gain.

more........


138 posted on 08/06/2010 10:14:44 PM PDT by Jonah Vark (Any 5th grader knows that the Constitution declares the separation of powers.)
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To: jamese777

I think Obama likes keeping this issue alive and unresolved. His community organizing mentor, Saul Alinsky is famous for saying: “take what your opponents think is your greatest weakness and use it against them.”


This is the Alinsky rule Obama uses on anyone who brings up the birther issue. It has worked.......so far.
Rule 5: Ridicule is man’s most potent weapon. It’s hard to counterattack ridicule, and it infuriates the opposition, which then reacts to your advantage.

The Constitutional Law lecturer at the University of Chicago Law School part of Obama must enjoy winning lawsuits on this issue. Thus far he’s 71 dismissals and 0 trials on his birth certificate lawsuits.

Obama fought 71 lawsuits to keep from revealing his birth certificate, school records, passport, etc.? He’s hiding something big. What is he hiding???

If anyone wants statements on the record from Hawaii governmental officials or examination of the Obama birth documents by forensic experts, a Grand Jury investigation utlizing subpoena power is the best way to accomplish that.
Any jurisdiction where Obama’s name was on the ballot can undertake such an investigation. Grand juries go on “legal fishing expeditions” for possible evidence that would lead to indictments all the time.

To quote a blog friend……

Now is the time to hit bo and his local co-conspirators with Grand Jury Indictments in every State in the Nation.
Justice Antonin Scalia: “…In fact, the whole theory of its (the Grand Jury) function is that it belongs to no branch of the institutional Government, serving as a kind of buffer or referee between the Government and the people
Justice Lewis Powell ruled:“ Such an investigation may be triggered by tips, rumors… or the personal knowledge of the grand jurors.”
Mark Levin: “The possibility of impeachment does not immunize the president from criminal prosecution. He remains, at all times, a citizen of the United States who is answerable to the law.”
Our Founding Fathers never intended for us to be lorded over by corrupt criminals in the White House and Congress. To the contrary, our Founding Fathers intended for We the People to have control over our Government and our politicians.
For information on forming a Secret Grand Jury to investigate crimes go here:
http://thesteadydrip.blogspot.com/2009/06/how-to-start-and-lead-citizens-grand.html


139 posted on 08/06/2010 10:44:52 PM PDT by Jonah Vark (Any 5th grader knows that the Constitution declares the separation of powers.)
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To: philman_36

“Legislation can’t override the Constitution.”

I would ask the opponents of Obamacare that.


140 posted on 08/07/2010 5:13:17 AM PDT by EQAndyBuzz (Helter Skelter. The Revolution is Upon Us.)
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