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1 posted on 07/30/2010 5:19:59 AM PDT by afraidfortherepublic
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To: afraidfortherepublic

Why should this be a surprise to anyone? Article 2 Section 1 states a person must be a natural born citizen to qualify as President but that hasn’t stopped BO/BS from illegally occupying the Oval Office.


2 posted on 07/30/2010 5:23:28 AM PDT by Man50D (Fair Tax, you earn it, you keep it! www.FairTaxNation.com)
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To: afraidfortherepublic
I guarantee you that the MAJORITY of U.S. citizens have NEVER read the Constitution. I also guarantee you that the majority have been to a July 4th celebration but have not read our Declaration of Independence either. The Bill of Rights is another document they don't read. Because they don't read ANY of these documents they also don't know that the “separation of church and state” is NOT in ANY Of them. You will find that in the Danbury Letter.

Yes, we are incredibly DUMB!

Laws are becoming arbitrary. That is very dangerous. You don't make up the rules to fit your agenda and feed your ego.

3 posted on 07/30/2010 5:28:25 AM PDT by nmh (Intelligent people recognize Intelligent Design (God).)
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To: afraidfortherepublic

That seems fairly straightforward, but there must be some point in history where that was abandoned. Southern states were party to numerous suits during the civil rights era, and those cases always went through lower federal courts. And the lawsuits states are filing concerning Obamacare will be filed in lower courts.

It might be that the volume of such cases made it impractical for the SCOTUS to handle them all. And also, what system of federal courts existed when the constitution was written?


4 posted on 07/30/2010 5:28:49 AM PDT by Will88
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To: afraidfortherepublic

Good one, Publius!

But “Progressives” don’t believe in the Constitution. They believe in doing whatever they want to do. And believe me, it doesn’t take brains to do that, much less lawyer training.


6 posted on 07/30/2010 5:29:43 AM PDT by RoadTest (Religion is a substitute for the relationship God wants with you.)
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To: afraidfortherepublic

I have been saying this since the lawsuits were filed.
Governor Brewer should have come out and said:

No State is bound by any decision of an inferior court, the Constitution demands the Supreme Court to have Jurisdiction, in light of Judge Bolton’s decision, we have Arrested her and the members of the Attorney Generals office for subverting the Constitution and the rights of citizens in Arizona. We have seized all their civil assets, They will sit in Sheriff Joe’s tent city until trial, upon conviction they will be HANGED in PUBLIC for their crimes.


7 posted on 07/30/2010 5:33:02 AM PDT by eyeamok
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To: afraidfortherepublic

So, apparently then because the current SCOTUS is Conservative majority, and Obama/Holder wouldn’t get their own way, or at least aren’t guaranteed so, they went for an illegitimate BS show trial.

Hopefully this will get shoved up the ol’ u-know shoot.


8 posted on 07/30/2010 5:33:09 AM PDT by rockinqsranch (Liberalism draws criminals as excrement draws flies. Liberals are only good for bait.)
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To: afraidfortherepublic
Interesting.

I also notice that in the Constitution, congress is given exclusive power to make "...an uniform Rule of Naturalization".

Naturalization is theprocess by which one becomes a citizen. Okay. the congress makes the rules for becoming a citizen.

The problem is, I can't find the part that gives congress exclusive power to make rules regarding whom the States allow within their borders. The Constitution says: "The Citizens of each State shall be entitled to the Privileges and Immunities of Citizens an the several States", so it is clear that Citizens may travel freely from one State to another, but illegal immigrants are not Citizens.

Does anyone know if there is a past SCOTUS decision which specifically placed the enactment of rules regarding immigration/entry under the same jurisdiction as the "Rule of Naturalizattion"?

10 posted on 07/30/2010 5:36:15 AM PDT by WayneS (Respect the 2nd Amendment; Repeal the 16th)
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To: afraidfortherepublic

Sounds like a great point, so, haven’t the attorneys for the State of AZ brought it up? and if not, why not?


12 posted on 07/30/2010 5:37:36 AM PDT by 668 - Neighbor of the Beast (668, neighbor of the beast, is tagline enough)
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To: afraidfortherepublic

Our current leadership is not required to follow he constitution. They have proven daily that it has no value in the operation of the USA. So why are you surprised? I have known that a state of war exists between the People of the US and Obama for 18 months


14 posted on 07/30/2010 5:45:16 AM PDT by realcleanguy
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To: afraidfortherepublic

I believe that’s why it was a temporary injunction. And it mentions in the text of the case that the constitutionality would be decided at a later time.


15 posted on 07/30/2010 5:48:54 AM PDT by djf (They ain't "immigrants". They're "CRIMMIGRANTS"!!!!)
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To: afraidfortherepublic

You didn’t finish the article. The last part says, “with such Exceptions, and under such Regulations as the Congress shall make. “

Do you know what exceptions have been made by Congress?


16 posted on 07/30/2010 5:50:39 AM PDT by Blood of Tyrants (Satan is a Democrat and Obama is his minion.)
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To: afraidfortherepublic

leave the practice of law to lawyers. go and learn the difference between original and exclusive jurisdiction. you might want to throw in a lesson on concurrent jurisdiction.


17 posted on 07/30/2010 5:54:42 AM PDT by naturalized
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To: afraidfortherepublic

They just don’t READ!!!!

http://www.youtube.com/watch?v=O6qEQ-KnitQ

Everyone should read the Constitution and the Declaration of Independence.

Reading IS really super-swell!!!!


19 posted on 07/30/2010 5:55:58 AM PDT by Honorary Serb (Kosovo is Serbia! Free Srpska! Abolish ICTY!)
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To: spectre; truthkeeper; processing please hold; antceecee; navymom1; jaredt112; Edgerunner; ...

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20 posted on 07/30/2010 5:57:30 AM PDT by bcsco (First there was Slick Willie. Now there's "Oil Slick" Barry...)
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To: afraidfortherepublic
ONLY the US Supreme Court has Constitutional Authority to Conduct the Trial
Article III, Sec. 2, clause 2 says:

He's right. And, he's wrong.

Yes the Constitution says that.

But if he searched 'The Federal Judaical Center' History of the Federal Judiciary, he'd see that things have changed a tad with the Federal Court Structure since 1787.

22 posted on 07/30/2010 6:01:57 AM PDT by Condor51 (SAT CONG!)
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To: afraidfortherepublic

This issue was litigated long ago and “settled” since then. I don’t know much about it, so I am not sure if it should be “unsettled”.

http://www.law.cornell.edu/anncon/html/art3frag40_user.html#fnb846

Under 28 U.S.C. Sec. 1345, by virtue of the fact that the original jurisdiction of the Supreme Court extends only to those cases enumerated in the Constitution, jurisdiction over suits brought by the United States against persons or corporation is vested in the lower federal courts.

But suits by the United States against a State may be brought in the Supreme Court’s original jurisdiction, 28 U.S.C. Sec. 1251 (b)(2), but may as well be brought in the district court [see Case v. Bowles, 327 U.S. 92, 97 (1946)].


23 posted on 07/30/2010 6:02:40 AM PDT by Notwithstanding
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To: afraidfortherepublic

Since November 4, 2008, the Constitution be damned. The Democrat Party completed the coup it begin in 2006. They now control all three branhes of government and will, if necessary, employ deadly force to keep it.


26 posted on 07/30/2010 6:04:57 AM PDT by sport
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To: afraidfortherepublic
It can't be literally true that all state criminal prosecutions (State is a party), or all challenges to the constitutionality of state (or to federal laws, when raised by a state) laws are tried at the Supreme Court.

But the original jurisdiction issue here, is real. The same point is raised in challenges to ObamaCare, and challenges to the supremacy of federal firearm law as represented in the Montana Firearms Act.

A good starting point to see the Supreme Court stiffarming it's duty is Illinois v. City of Milwaukee, 406 U.S. 91 (1972).

Interesting, in Marbury v. Madison, the Supreme Court ultimately held that as between a Congressional enactment granting jurisdiction, and a constitutional enactment that did not grant jurisdiction, the Supreme Court found that the constitution must prevail - that the Supreme Court did NOT have jurisdiction, and therefore could not hear the case.

In this case (and many others), the Supreme Court is holding that the Congressional grant of (original) jurisdiction to lower courts prevails over the plain language of the Constitution.

I wonder if the jurisdictional grant has ever been challenged on an "as applied" basis.

27 posted on 07/30/2010 6:05:27 AM PDT by Cboldt
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To: afraidfortherepublic

(Rhetorical question) Why do we have to get actual NEWS about America from a CANADIAN paper?? I’m NOT dissing the Canadians, I’m glad that they are providng the news that American “journolists” WON’T!!

But, it would be nice to see a major American news outlet actually cover the news!! It would be a refreshing change.


34 posted on 07/30/2010 6:19:15 AM PDT by DustyMoment
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To: afraidfortherepublic

I thought Obimbo was a “constitutional law professor,” as we were reminded any times during the campaign /sarcasm


37 posted on 07/30/2010 6:28:26 AM PDT by PghBaldy (Like the Ft Hood Killer, James Earl Ray was just stressed when he killed MLK Jr.)
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