Orly Taitz am one lawyure.
This is a draft of 2 companion bills, based on feedback I've received regarding Constitutional issues. The intent is that the documentation bill would remain in effect even if the "procedures for verification" bill was challenged on Constitutional grounds.
The goal is to have the procedures bill challenged on Constitutional grounds because of the exclusion of candidates from the ballot if they don't have 2 citizen parents. This would force the courts to address the definition of "natural born citizen".
If the courts would rule that 2 citizen parents are not required, the law would have to be amended to comply with the court definition of NBC.
Please ping to any lawyers you know here on FR so I can get as much feedback as possible on these bills. In order for this issue to be addressed in time for the 2012 presidential election we need to start working with state legislatures now. Thanks!
Orly Taitz am one lawyure.
Have a severability clause where if a part is ruled against, the rest of it still remains valid.
Sigh. The link to a more readable version: http://butterdezillion.files.wordpress.com/2011/01/eligibility-bill-draft-4-pair-of-bills.pdf
Any input/feedback by lawyers would be greatly appreciated. This is bigger than any personalities or agendas; we need to get this right, and I can’t do it alone. I need the expertise of others who care about the Constitution.
If I’ve pinged you it’s because I think you care. My apologies if this isn’t your cup of tea.
If I haven’t pinged you it’s because my mind is full of lots of details and I can’t even remember what I did yesterday. lol. My apologies for anybody I forgot; I know I’m forgetting tons of you, including tons who I greatly value and just can’t think of. Anybody you can ping who might have valuable input would be greatly appreciated.
We’re finally at an actionable point; this can make a huge difference. Let’s do what we can and make this happen.
I’m no lawyer; but, I don’t think we have time before 2012 to discern what ‘natural born citizen’ means, as far as where the parents come from etc.
I think any bill should be simple. For Senate and Presidential candidates, proof of age must be provided to SOS. For presidential candidates, proof of location of birth must be provided.
BTW, if anybody knows any 25 y/o illegal immigrants who want to run for president, I’m all for it. After all, it seems like NOBODY has the authority to check on these things.
I believe that what is really needed is a Constitutional Amendment that clearly defines ‘Natural Born’ and states that the Supreme Court confirms eligibility.
Your first bill seems basically okay up through item #3. I think Item #4 is unnecessary. It's paranoid based on some of the more extreme fantasies about Obama and is almost certain to run into any number of odd legal problems in execution. You can try Item #5 if you want, but that could run into problems as well. At some point, you should be willing to trust your public officials to do the job assigned to them. I would guess that Items #4 and #5 would also make passage in your legislature more difficult.
You don't need two bills. The pertinent parts of your second should just follow your list of numbered items.
Your checklist becomes needlessly convoluted. It should simplify to something like this:
“The Secretary of State shall review the documentation provided to verify:
(a) Birth records document (i)age of 35 or greater; (ii) birth in the United States or conformance to legal requirements for citizenship with birth outside the United States; and (iii) birth to two citizen parents;
(b) Supplemental information provided documents residency in the United States for at least 14 years; and
(c) No information provided indicates loss of United States citizenship at any time.”
Now, I will caution you that going the two citizen parent route may well preclude seeing the information you want in Item 5 even if this passes the legislature. The bill will be sued for adding an additional eligibility requirement to the Constitution. The two citizen requirement, and perhaps the entire bill, will be overturned in Federal Court and that determination will be upheld all the way through the Supreme Court. I know you don't believe that, but it's about as certain as anything in human affairs can be. Of course, if you do want a court determination of that, then keep the two citizen parent stuff.
Try this.
Whereas Article II of the US Constitution states/requires “ No person except a natural born Citizen,————”
Whereas Amendment XII of the US Constitution states/requires “But no person-———————”
Therefore be it resolved that any person as a candidate seeking to occupy these offices shall/must have presented for public review by means of common information together with filing for the above given offices the following facts which shall be subject to official and public verification and challenge.
1) Fact that the candidate was born on USA soil.
2) Fact that both birth parents of the candidate were citizens of the USA at the time of the candidate’s birth.
Be it further Resolved that no candidate for the offices noted above shall be acclaimed to hold such office without satisfying Facts 1 and 2.
Try this.
Whereas Article II of the US Constitution states/requires “ No person except a natural born Citizen,————”
Whereas Amendment XII of the US Constitution states/requires “But no person-———————”
Therefore be it resolved that any person as a candidate seeking to occupy these offices shall/must have presented for public review by means of common information together with filing for the above given offices the following facts which shall be subject to official and public verification and challenge.
1) Fact that the candidate was born on USA soil.
2) Fact that both birth parents of the candidate were citizens of the USA at the time of the candidate’s birth.
Be it further Resolved that no candidate for the offices noted above shall be acclaimed to hold such office without satisfying Facts 1 and 2.