Posted on 11/05/2010 10:42:58 AM PDT by rxsid
And the HDP, in their haste to get rid of the one line of print that included the Constitutional eligibility language, TOOK OUT the only item of information that they had the exclusive requirement of providing. They never said that Obama and Biden were the candidates of the Hawaii Democratic Party, as required by law.
There’s no way that one line was taken out because the DNC and HDP had worked out, together, the best way to meet Hawaii’s legal requirements - because what they ended up submitting DID NOT MEET HAWAII’S LEGAL REQUIREMENTS. There is no statement anywhere that Obama and Biden are the duly chosen candidates specifically of the Hawaii Democratic Party OF THE HAWAII DEMOCRATIC PARTY.
One could infer that they were because it was on HDP letterhead, but the law requires a statement saying that the candidates are the duly chosen candidates of the HDP, and there is no statement of that.
There was some reason they took out that line, and it was NOT because what they took out was not necessary - because what they took out was the whole reason they had to submit anything, and they ended up not even doing what was required by law.
They are so busted. Now do you think we can find anybody in Congress who is willing to hear us yet? Have we spoken loudly enough at the ballot box? What do we need to do?
Every case that comes before a court needs to have the same standard for “standing” as they try to apply to these cases.
A case can’t win on the merits (as determined by a judge before even hearing any of the case on its merits)? Then it can’t be heard on the merits.
The person has only a theoretical injury? Can’t be heard. That means that there can’t be any stays such as in Arizona, because nobody has suffered any REAL injury until the ARizona enforcement law has been followed. If this argument was anything but crap there would be no chance for a court to issue a stay of any kind.
We need to copy these arguments and throw them in the faces of anybody who tries to get any kind of case heard in the federal courts. If they’re gonna pull this sh!t they’re going to eat it and smell it forever, until they take it back, with apologies.
I am livid.
That's a brilliant point. I wonder if we could get some patriot legal organization to take up that banner.
Or at least write up an article for American Thinker to get the ball rolling.
You’re kidding I can only assume.
It’s pretty scary that there is no formal, non-arbitrary, non-party-hack process for determining if a presidential candidate is a natural born citizen.
What I read in the memo is this is mostly a “trust me” thing. If the party hacks say their candidate is good to go, and no one in Congress questions it, they are saying “tough.”
States need to have specific laws about procedures for candidates to demonstrate eligibility. That is all.
The country doesn’t need to have this come up again in the future.
Perkins v Elg does not say that. The court went into great detail to spell out the fact that both Elg & young Steinkauler were born after the naturalization of the father, which gave auto citizenship to the mother, therefore they were both born to American parentS. At the time of their birth, no foreign country could lay claim to them per treaties between the US & Sweden that proclaimed the natural right of expatriation each individual is born with aka natural law.
I’m thinking Iowa could be a good place to have a law requiring documentation to prove Constitutional eligibility to be provided to the Secretary of State before a name can be printed on a primary or general ballot. Since they are the starting point for the primaries and get a lot of attention that way it could prevent problems all the way down the line.
Arizona tried but they’ve got all they can handle dealing with the illegal invasion, battling our own Injustice Department to have a chance to enforce the law. If they can fight to protect the inner states from being invaded the least we can do is protect them (and all of us) from having the White House invaded.
Pray for me; I’m seriously wondering whether that should be my next major focus. But I probably couldn’t stay anonymous, and that’s scary to my husband.
And we need to expose the stinking lying media. Those birth announcements were a total fabrication, and the evidence suggests they were perpetrated by the media itself, in league with Obama’s people. Of course, Factcheck is supposedly a media arm, but they actually participated in forging the COLB and passing it off as genuine - a direct violation of the Federal General False Statement Act, which should land them in jail.
I wrote in a friend’s name rather than vote for John Gale for Secretary of State because he told me that we don’t need to worry about candidates lying about their eligibility because the media would never let them get away with it. I nearly vomited when I heard him say that. Anybody that stupid should never have a position with any authority.
If anybody wants to be on the ballot for president the first step in the process, after they sign up to put their name in, is the Secretaries of State should automatically request a certified copy of the long-form - which Hawaii rules would allow any SOS to get.
There should be a way for citizens to see the documentation, and the SOS should be REQUIRED to file a lawsuit on behalf of any citizens who question the legal qualifications, which would put the legal definitions squarely in the jurisdiction of the courts since the Constitution doesn’t allow any other branch to interpret the laws or Constitution.
The Kenyan usurper has made an utter mockery of our system of government. This doubletalk from the Kenyan Clown's circus is particularly odious. It goes from "We Won, and You Didn't" to why no American citizen has any standing to know the truth about the Kenyan usurper's birth circumstances.
This usurpation is clearly the greatest blight on our country in its history. At least we have only two more years of this nonsense.
Maybe with so many of the states going to Republicans this time, there will be one or two states willing to challenge his eligibility in 2012. Call the Hillary camp...maybe she'd do it for you in Iowa!
I wonder who/what is the source of this or is that clear earlier or at the link?
(My current excuse is that I’m sick and can’t think straight.)
Page 13 excerpt:
Let the investigations begin.
These people are worthless creeps that all need to be voted out of office. The left loved their untouchable token, and the right feared being called racists. Screw them. Can we have other congressional election in 3 months and then every 3 months after that? I am sick of these spineless shrimp.
Having an attorney for the government make these claims directly to the members of Congress was probably not the smartest thing the Obama thugs ever did. My prayer is that it comes back to bite them in the butt.
Think of every discrimination lawsuit there is, every time somebody wants to say that a law discriminates. Until a person can prove that it already HAS caused them real harm - not just that it could potentially cause them harm, or just cause them non-material harm - they can’t even get a case before a court, according to this standard.
By this standard Roe v Wade could never have been decided - because until the child was born the abortion laws in effect couldn’t cause any material harm to an actual person, and once the child was born the matter would no longer have a court remedy.
This could be used on all the challenges to abortion laws. Nebraska is being challenged on the fetal pain law. Right now our AG needs to say that there is no case that can have federal jurisdiction because the law isn’t in effect yet and nobody has any material harm from it at this point so nobody can have standing.
That Muslim who is challenging Oklahoma’s anti-sharia law has no standing; surely the judges will throw it out on grounds of standing.
Come to think of it, the Herbst-O’Malley Agreement that IL made, agreeing to not enforce their born-alive infant law in exchange for not being sued was totally unnecessary, because nobody have standing to sue over the law until they were found guilty of breaking it and thus actually suffered material harm (supposedly)from it.
What this dude said could empty up our courtrroms just like that. Cool!
And if a judge can throw out a case before knowing anything about it, by ruling that the plaintiff has no chance of prevailing... hey, a judge can throw out ANYTHING! We could have judges who agree to get paid their salary and then just throw everything out saying that the plaintiff has no chance of winning so he/she doesn’t even have to hear the details of the case. They could even cite this governmnet lawyer giving legal counsel to Congress.
The trial lawyers should LOVE what this government lawyer told Congress. It would put them out of business, every last one of them.
And if judges have actually used those arguments to dismiss eligibility lawsuits, then let the fun begin because we now have legal precedent for those rationalizations.
They’ve made their bed; now let them lie in it. (Maybe I should say “lay in it” - bad grammar, but they’re obviously already lying. lol)
Jack Maskell from the Legislative Attorney at the American Law Division.
Scribd document website:
Nobody in the political class is going to touch this - at least not the democrats, because they can all be implicated. Berg filed his suit before the dem convention so the entire democratic leadership was put on notice and not one of them did a thing to ensure that the Constitution was obeyed. Anybody who held Constitutional office made an oath to defend the Constitution. None of them would, including Hillary.
At this point she can’t be a friend of this issue because it would roast her as well as him. When she accepted a position in his administration she burned all those bridges, going from potentially innocent to being an enabler who violated her oath as Senator.
If we really wanted to clean out Congress and start over, this issue could probably do it. But that’s probably why nobody in Congress will investigate this; it would roast them all. They have to pretend that they care about the rule of law now, after steadily ignoring the pleas of their constituents who have informed them of things they should have acted upon long ago.
I suppose they can use this memo as an excuse to ignore the information they received from the public. I hope this guy has wide shoulders because if this issue gets addressed the entire Congress may pointing their fingers at him.
Was the CRS Office one of the bodies whose inspector general was ditched? There were a bunch of them where Obama’s people threw out the IG because they were noticing problems. When I went to try to contact Jack Maskell (the guy who wrote this memo) via the Congressional Research Service site I ended up on a contact page for the Library of Congress. I’m pretty sure the Library of Congress was involved in some kind of power scuffle with the Obama administration.
Wasn’t there something, too, where the Congressional Budget Office and the Congressional Research Service were at odds over the net budget effect of the healthcare bill? Maybe I’m mixed up.
Thanks.
I should avoid posting while sick, brain just doesn’t engage properly.
Oops, nother question, if already answered somehow, ignore this.
I wonder who this dude Jack Maskell is, who he voted for, who he donates to, and all that good stuff.
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