Free Republic
Browse · Search
General/Chat
Topics · Post Article

To: douginthearmy
To believe that the Supreme Court is going to kick out the first black president on an issue that fewer than 1% of the people can even understand ...

SCOTUS has their nutz in a wringer on this one ...

If AZ passes this bill, and the State SOS denies because he/she CANNOT declare Obama to be NBC, his only recourse is to go to SCOTUS ...

SCOTUS would then have to choose between the following:

1. Declare Obama to be NBC, thus opening the door for an "agent provocateur" in the future to be POTUS - exactly what the Founding Fathers were afraid of ...

or:

2. Declare him NOT to be NBC, and risk the potential civil unrest that might occur ...

175 posted on 04/21/2010 11:35:26 PM PDT by Lmo56
[ Post Reply | Private Reply | To 158 | View Replies ]


To: Lmo56
"If AZ passes this bill, and the State SOS denies because he/she CANNOT declare Obama to be NBC, his only recourse is to go to SCOTUS ..."

In your hypothetical, are presuming that the AZ Secretary of State will discover - without equivocation - that Obama was born someplace outside the US?

Or, are you thinking that the Supreme Court in finally settling the definition of "natural-born" once and for all, will define it in such a way that it will preclude Obama from eligibility irrespective of actual birth place?

For my own $.02 - I think if the AZ SoS does somehow discover Obama was born someplace outside of the US, there's still a remote possibility that the Supremes could craft a definition of natural-born that would include birth on foreign soil. That's unlikely. But, it's also unlikely that the Supremes would create for themselves the authority to actually remove the President. I'm guessing that they,d leave it to Congress to impeach and convict Obama of fraud, and just craft a decision that would allow AZ to keep him off the ballot. That is assuming, of course, that they'd hear the case in the first place, and not pass for justiciability reasons. Whatever would happen, I don't think it a stretch to call their decision the most important decision since Marbury.

Assuming Obama was born in the US, I doubt that this Supreme Court would craft a definition of "natural-born" that strays very far from Ark in it's definition of citizen at birth. I suspect - as an attorney and avid court watcher - that this court would define natural-born solely based on the principle of jus soli. The odds of them finding that a child has to be born to two citizen parents and on US soil very, very slim.

184 posted on 04/21/2010 11:52:36 PM PDT by OldDeckHand
[ Post Reply | Private Reply | To 175 | View Replies ]

Free Republic
Browse · Search
General/Chat
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson