Voeltz v Obama Florida Obama Ballot Access Challenge Dismissed With Prejudice (Ankeny affirmed)

BirtherReport.com ^ | July 2, 2012 | FL Circuit Judge Terry P. Lewis

[Seizethecarp]

The Plaintiff alleges that candidate Obama is not eligible for that office because he is not a "natural-born citizen" within the meaning of Article II, Section 1 of the Constitution of the United States. Because I find that the plaintiff has not and cannot state a cause of action for the relief requested under Section 102.168, Florida Statutes, I grant the motions to dismiss with prejudice.

The respective major political parties determine their nominee at a national convention pursuant to rules that the parties draft and approve. The Presidential Preference Primary Election in Florida is an integral part of that process for the parties, but as it relates to Florida law, there is no qualifying and no certification of nomination of the candidate as a result. Thus, under Florida law, Mr. Obama is not presently the nominee of the Democratic Party for the office.

It is the plaintiff's burden, however, to allege and prove that a candidate is not eligible. The Secretary of State also has no affirmative duty, or even authority, "to inquire into or pass upon the eligibility of a candidate to hold office for the nomination for which he is running."

"The Constitution does not, in words, say who shall be natural-born citizens." Minor v. Happersett. However, the United States Supreme Court has concluded that "[e]very person born in the United States, and subject to the jurisdiction thereof, becomes at once a citizen of the United States." See Hollander v. McCain; Ankeny v. Governor of Indiana (citing Wong Kim Ark, and holding that both President Obama and Senator John McCain were "natural born citizens" because "persons born within the borders of the United States are 'natural born [c]itizens' for Article II, Section 1 purposes, regardless of the citizenship of their parents.

[LucyT]

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[little jeremiah]

How about Netanyahu? He can be president of the US and Israel.

[Kenny Bunk]

The Secretary of State also has no affirmative duty, or even authority, "to inquire into or pass upon the eligibility of a candidate to hold office for the nomination for which he is running."

WTF? Over.

[bitt]

ping and see # 18 link too

[azishot]

So, if a Sec’y of State can’t ask about the eligibility of a candidate who can? The voters can’t because we have no *standing* which is a nice way of saying that we don’t matter.

[noinfringers2]

In my many years of experience in dealing with lawyers and judges at different levels I have come to the conclusion that many of these people are narcissistic know it alls who think they are according to Plato rightful dictators of a peons life and politics. A large number of these many see government as the mechanism to carry out their ambitions.That the common individual has any sense as to what a societal conscience, for example right and wrong or true or false, should be/can be is not part of their mentality. They are the superior ones.

[Flotsam_Jetsome]

Thanks for the "No honorable and fearless judges left in America" Ping.

I guess November truly is our only recourse. But then, with the voting machines thing looming in the background. . .

[bgill]

Seems to me it's the candidate's burden to prove he is eligible.

That would be when he applies to get on the ballot. The burden of proof flips to the other side for this suit. But, yeah, I agree he's never proven to anyone he's eligible. Did we expect anything different than this to be thrown out just like every other case against golden boy?

[Mr Rogers]

“In any case, judges aren’t the final say, the people are. “

And what did the people say in 2008?

[Red Steel]

Does Lewis seriously believe that a naturalized citizen ( one born out of the US ) is a natural born citizen and eligible to be president ?

I doubt it. He's another intellectually dishonest judge among many who now infect the US judiciary and who have spines made of jelly.

[Elle Bee]

Oh goodie ...... Larry Klayman's record remains intact

.

[Mr Rogers]

“He cites the 14th ( conflating citizen with natural-born citizen ).”

That is because the US Supreme Court says the 14th and the NBC clause are interchangeable:

“The real object of the Fourteenth Amendment of the Constitution, in qualifying the words, “All persons born in the United States” by the addition “and subject to the jurisdiction thereof,” would appear to have been to exclude, by the fewest and fittest words (besides children of members of the Indian tribes, standing in a peculiar relation to the National Government, unknown to the common law), the two classes of cases — children born of alien enemies in hostile occupation and children of diplomatic representatives of a foreign State — both of which, as has already been shown [in their previous discussion on the NBC clause], by the law of England and by our own law from the time of the first settlement of the English colonies in America, had been recognized exceptions to the fundamental rule of citizenship by birth within the country. Calvin’s Case, 7 Rep. 1, 18b; Cockburn on Nationality, 7; Dicey Conflict of Laws, 177; Inglis v. Sailors’ Snug Harbor, 3 Pet. 99, 155; 2 Kent Com. 39, 42.

The principles upon which each of those exceptions rests were long ago distinctly stated by this court. [p683]”

http://www.law.cornell.edu/supct/html/historics/USSC_CR_0169_0649_ZO.html

[Marine_Uncle]

Thanks for the ping on this matter. The issue of zero's eligibility can become rather depressing. We get some new blip on the screen to shortly after find it goes no where.
I continue to get a bad feeling. The current occupiers of the White House and their huge world support base, giggle about how things will lead if required. Things will surface with proof positive that zero was fathered by a real American citizen for instance. The whole calculus will then change. It would happen shortly before the November election.
The L/MSM will pump it up so that there is no doubt zero is a real natural born citizen. The leftest organs of communication will all sit around and laugh their butts off at how things where turned around.
I wish I never had to even think of those type scenarios but they plagued my mind. The only saving grace, is that such a nightmare would not have to prevent sufficient thinking Americans that actually care about how this Republic can slowly over time recover, vote the guy out of office for the good of the whole country.

[LucyT]

Pinging again. See # 18. Probably ought to read all new comments since the thread attracted sp's

Thanks y'all.

[null and void]

I look forward to Sheriff Joe’s presser on 7/17, but doubt much will come of it.

If he lives that long.

[edge919]

That is because the US Supreme Court says the 14th and the NBC clause are interchangeable:

This is an outright falsehood. Nothing in what you quoted says anything at all about the NBC clause being interchangeable with the 14th amendment. It says the opposite. Why do you have so much trouble telling the truth?? In fact it's so dishonest, you have to insert your own words to get the quote to say what you want. What you call the "previous discussion on the NBC clause" was that NBCs were excluded from the birth clause, as was manifest from a unanimous decision which we all know was Minor v. Happersett. The court at this point already confirmed Virginia Minor was HELD to be a citizen by virtue of birth in the country to citizen parents. If the 14th amendment was interchangeable with the NBC clause, then why did Gray not say Minor was a citizen via the 14th amendment??

[Alamo-Girl]

Thanks for the ping!

[Smokeyblue]

Lots of this “it’s not my job” garbage going around lately.

Decide whats constitutional? Not my job. - Thief Justice Roberts
Ensuring ballot integrity? Not my job. - Fla, AZ, GA SOS’s, Judge Lewis
Make the donuts? Not my job.. - Duncan Donuts “time the make the donuts” guy.
Fix the washing machine? Not my job. - The Maytag repair man.

[rockabyebaby]

I have said it over and over, no judge in this country is going to disqualify HUSSEIN from being on a ballot, no judge will do this, none, period, end of story.

[Eye of Unk]

Its ironic an illegal alien ineligible usurper has the power by ill conceived and lax laws to impose taxed fines against Americans.