You were saying — “Just where *in the Constitution* is that laid out? The only thing that comes close is the Fifth Amendment which says:”
Due process and being convicted by a jury of your peers and being presumed innocent until proven (and judged) guilty is all part of our Constitutional system. I’m sorry if you didn’t know that...
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And then you said — “You really should read the thing before pontificating on what it provides.”
We all know, without going to law school and learning terminology exactly what innocent until proven guilty means, what due process means and what tried (and judged) by a jury of your peers means. And we all know, very well, too that people are not required to give information about themselves or make statements that are requested of them and are allowed to be silent, requiring the state to find and provide “proof” in order to convict...
You might want to see this particular law professor and a police investigator talking about this in a law seminar. It’s enlightening for those who may not know...
Talking to the Police by Professor James Duane
http://video.google.com/videoplay?docid=8167533318153586646&hl=en
Everyone should view this... (really!)...
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Then you were saying — “This thing that is allegedly to be released tomorrow, would provide evidence, perhaps not conclusive, but evidence, of that lack of eligibility. Evidence that should be sufficient for a court to require that proof of eligibility is required.”
This is sounding more and more like API (African Press International) and Chief Editor Korir, and the supposed Michelle Obama tape.... LOL... It was always tomorrow something is going to happen, next week we’ll be meeting with lawyers, in a few more days we’ll release the tapes, and so on...
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And to continue on to those other issues, it’s very interesting that the President of the United States (the present one) and the Vice President have nothing to do with this issue. If they were to be *defending the Constitution* (and they sure do have their own lawyers who know what is allowed and not and what they can do), it would be very clear and easy for them to defend the Constitution in the way that many FReepers here are saying.
The “proof” of whether this is a viable issue is simply that the GOP and their candidate, plus the current sitting President and the Vice President, along with the Justice Department and the FBI — none of them — have ever taken a single move to eliminate a fraudulent candidate.
That pretty much tells me that they know that there is (either) no way to do anything about a “possible” problem — or else — they know that there is no problem (i.e., per the Constitution).
BUT, I’m sure that there are some FReepers who are convinced that the present President and the Vice President are in collusion with Obama to usher him in as President and they don’t want to do anything about it. And these same FReepers will throw in McCain and Palin, too, in that category... LOL..
Never said it wasn't, just that it's not in the Constitution itself. Unless you can point it out to me. Never mind, I know it's not there, Cntrl F is my friend.
And we all know, very well, too that people are not required to give information about themselves or make statements that are requested of them and are allowed to be silent, requiring the state to find and provide “proof” in order to convict...
In criminal trials, yes, that's in the fifth amendment. But you can be forced to give up evidence against yourself, even in a criminal matter. Per the fourth amendment, it takes a Warrant issued by a judge, but it can be done. That's what it would take in this case, an act of a court of competent jurisdiction, even though this is not (yet) a criminal matter.
You see, I am sworn by oath to support and defend the Constitution so I've read it very closely, and check it frequently rather than relying on my increasingly faulty memory.
Guilty until proved innocent is not in the Constitution, it's part of the Common Law. That's all I'm saying.
And BTW, I've never been to law school either. But my daughter and her husband have.