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Malihi overruled by Georgia Secretary of State [extrapolation from 2000 press release]
Georgia Secretary of State ^ | 02-06-2012 | edge919

Posted on 02/05/2012 11:36:44 PM PST by edge919

I just discovered this news release and hadn't seen it reported elsewhere. Our honorable Judge Malihi evidently has a tradition of being overruled by the Secretary of State. Could history repeat itself ... or maybe like the Obots have claimed, this judge is incompetent???

June 7, 2000: Georgia Secretary of State Cathy Cox today ruled that House District 29 candidate Randy Sauder will remain on the ballot as a Democratic candidate in the 2000 General Primary and General Elections. In an order signed today Ms. Cox ruled against a challenge to Rep. Sauder’s candidacy brought by petitioner Marston H. Tuck.

Secretary of State Cox rejected state administrative law judge (ALJ) Michael Malihi’s initial decision in the Sauder matter, which procedurally serves as a recommendation to Secretary Cox, the state’s chief elections official. Ms. Cox found flawed the ALJ’s interpretation of Georgia election law governing the qualification process for candidates, and endorsed the opinion and guidance of Georgia Attorney General Thurbert Baker.

She gives several points of law as to why she rejected the ALJ's decision. This one really stood out:

"First, accepting the view of the ALJ would mean that a candidate can determine his or her own qualifications ... "

Is this not deja vu all over again??


TOPICS:
KEYWORDS: birthcertificate; certifigate; naturalborncitizen; statesos
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To: Fred Nerks

I got the pic now. Judging by that stick he’s holding he might feel comfortable standing in front of a voting booth.


81 posted on 02/06/2012 4:20:57 PM PST by philman_36 (Pride breakfasted with plenty, dined with poverty, and supped with infamy. Benjamin Franklin)
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To: philman_36

http://via.lib.harvard.edu/via/deliver/chunkDisplay?_collection=via&inoID=708385&recordNumber=1&chunkNumber=120&method=view&image=full&startChunkNum=1&endChunkNum=152&totalChunkCount=152

EXAMPLE FROM A GROUP IMAGE:

Subject: Classes included in the collection are: ca. 1875, 1877, 1881, 1888, 1893 or 1896, 1895, 1897, 1899, ca. 1900, 1901, 1902, 1904, 1906 - 1912, ca. 1914, ca. 1916, 1919 - 1922, ca. 1923, 1924 - 1927, 1929 - 1934, 1936 - 1942, 1946, 1950, 2003 - 2007. Also included are pictures showing only graduate students from 1926, 1932, 1936, 1951, 1952, 1956, 1970, 1977, 1978, 1980, 1983 - 1985, and two pictures showing only the female students from 1953. There are no pictures of the full graduating classes from 1951 through 2002. In some instances students who studied briefly at the Law School but either were not working towards, or did not complete, a degree can be found in the photographs.
Inscription: Photographs often include a list of the sitters’ names (generally first initials and surnames) inscribed onto the plate before they were printed. All the names on the photographs have been transcribed into individual work records, however the spellings of some of these have been found to be erroneous or unreadable.
Repository: Harvard Law School Library


82 posted on 02/06/2012 4:25:48 PM PST by Fred Nerks (FAIR DINKUM!)
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To: little jeremiah
My bad.
No problem.
83 posted on 02/06/2012 4:26:25 PM PST by philman_36 (Pride breakfasted with plenty, dined with poverty, and supped with infamy. Benjamin Franklin)
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To: philman_36

Black Panther goes to Harvard...


84 posted on 02/06/2012 4:28:16 PM PST by Fred Nerks (FAIR DINKUM!)
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To: Fred Nerks
Black Panther goes to Harvard...

It could happen!

85 posted on 02/06/2012 4:31:44 PM PST by philman_36 (Pride breakfasted with plenty, dined with poverty, and supped with infamy. Benjamin Franklin)
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To: little jeremiah

You need to think like an elephant...and remember all the little details...like the first thought I had was the wayback machine, like you did, only to find someone had already been there, done that.
Don’t feel bad, there are hundreds of thousands of ‘them’ and just a few of US. It’s like stepping into a den of vipers and trying to recognize their faces...


86 posted on 02/06/2012 4:44:53 PM PST by Fred Nerks (FAIR DINKUM!)
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To: edge919; DiogenesLamp; Red Steel; Mr Rogers

While rambling thru the WKA Appellant brief (United States) noticed Vattel’s chapter 212 is cited.

Why would the US government cite an “obscure Swiss writer” in a brief to the US Supreme Court?


87 posted on 02/06/2012 7:11:26 PM PST by bushpilot1
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To: Kansas58
Is there some reason James Madison wasn't a good enough source for you when he talked about both jus soli and jus sanguinis criteria from YOUR source??

And did you say Vattel as discussed by the Founders, such as here, in 1787, just months before the Constitution was signed??

The first principle of government is founded on the natural rights of individuals, and in perfect equality. Locke, Vattel, Lord Somers, and Dr. Priestly, all confirm this principle. This principle of equality, when applied to individuals, is lost in some degree, when he becomes a member of a society, to which it is transferred; and this society, by the name of state or kingdom, is, with respect to others, again on a perfect footing of equality--a right to govern themselves as they please. Nor can any other state, of right, deprive them of this equality. If such a state confederates, it is intended for the good of the whole; and if it again confederate, those rights must be well guarded. Nor can any state demand a surrender of any of those rights; if it can, equality is already destroyed. We must treat as free states with each other, upon the same terms of equality that men, originally formed themselves into societies. Vattel, Rutherford and Locke, are united in support of the position, that states, as to each other, are in a state of nature.

link to source

Where it talks about becoming a member of society, this language is very similar to a passage in Minor v. Happersett:

Whoever, then, was one of the people of either of these States when the Constitution of the United States was adopted, became ipso facto a citizen -- a member of the nation created by its adoption. He was one of the persons associating together to form the nation, and was, consequently, one of its original citizens.

88 posted on 02/06/2012 10:52:44 PM PST by edge919
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To: bushpilot1

The same reason Fuller cites it in the dissent?? Just a hunch.


89 posted on 02/06/2012 10:54:01 PM PST by edge919
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To: Kansas58

I’m new to this forum; I just had to get in my 2 cents regarding our founders and Vattel - I hope I’m posting correctly per posting rules.

“Another founder of our nation and framer of our Constitution, Benjamin Franklin, was also quite familiar and well versed with the writings of Vattel. He had his own personal copy prior to the advent of the Revolution. And in 1775 he wrote to Charles Dumas an editor and journalist in the Netherlands and thanked him for sending Franklin 3 copies of the newest edition of Vattel (published in French). Franklin commented to Dumas that his personal copy was in heavy demand by the other delegates to the Continental Congress meeting in 1775.”

http://puzo1.blogspot.com/2010/04/benjamin-franklin-in-1775-thanks.html

And here’s an excerpt from Benjamin Franklin’s “thank you” to Charles Dumas from December 9, 1775:

“I am much obliged by the kind present you have made us of your edition of Vattel. It came to us in good season, when the circumstances of a rising state make it necessary frequently to consult the law of nations. Accordingly that copy, which I kept, (after depositing one in our own public library here, and sending the other to the College of Massachusetts Bay, as you directed,) has been continually in the hands of the members of our Congress, now sitting, who are much pleased with your notes and preface, and have entertained a high and just esteem for their author. Your manuscript “Idee sur le Gouvernement et la Royaute” is also well relished, and may, in time, have its effect. I thank you, likewise, for the other smaller pieces, which accompanied Vattel. “

http://etext.lib.virginia.edu/etcbin/toccer-new2?id=DelVol02.xml&images=images/modeng&data=/texts/english/modeng/parsed&tag=public&part=459&division=div1


90 posted on 02/07/2012 12:09:04 AM PST by snafubar
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To: snafubar

Thanks for posting the connection between Dumas, the Law of Nations and the Founders.


91 posted on 02/07/2012 1:28:06 AM PST by bushpilot1
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To: bushpilot1

No problemo. Kansas58 was looking for references.


92 posted on 02/07/2012 7:15:03 AM PST by snafubar
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To: edge919
Let's hope Kemp recognizes the problems with Malihi's ruling and keeps Obama off the ballot ... as he should.

Nope. Didn't happen.

Final-Decision-of-GA-Secretary-of-State-Kemp

93 posted on 02/07/2012 10:25:30 AM PST by Drew68
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To: edge919

Thank you...I read the opposite either here or some other site.


94 posted on 02/08/2012 5:34:10 AM PST by Scanian
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To: Pontiac

Romney is not our candidate. At least not yet.

I hear you loud and strong. I should have put an “if” in my post.


95 posted on 02/08/2012 5:49:57 AM PST by chainsaw (Sarah Palin is still my first choice to save the USA. . .)
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