Posted on 02/17/2011 1:04:49 PM PST by rxsid
Don’t just google de facto officer doctrine, read it read the case law on it and you will find it does not apply.
You are correct if OholyO’s two backscratchers recuse themselves.
Sotomayor and Kagan better recuse themselves.Are they even legally Justices if Obama is not eligible?
Bah. Half the US could die because of this wannabe Hitler, without anyone in power lifting a finger.
Remember what they said about Bill Clinton being able to rape a woman on the house floor without anyone intervening? Democrats and RINOS haven’t changed.
Doubly wrong:
(1) There have never been any votes to hear any eligibility case. All have been denied without comment and without dissent and, most tellingly, without any call for a response from the Government. (When a party asks the Supreme Court to review a case, the opposing party doesn't have to respond; if any of the 9 justices are possibly interested in hearing a case, the court will "call for a response." Obama and the DOJ have never responded to any cert petition in any of the eligibility cases, and the Court has never asked for a response.)
(2) Even if 2 justices are recused, it still takes 4 votes to grant cert.
"the House State Administration Committee had tabled the bill earlier that day. The vote was 9-9, with three Republicans joining six Democrats in opposing the bill. "
Surprised? It does in fact look like there are many that are fearful of ridicule from the state run media.
Requiring documentation and proof of eligibility for office are clearly not a bad thing...unless of course your trying to subvert the requirements.
Hat tip to BP1 for the article.
My thoughts as well. The closest I have come to hearing any MSM is Matthews MAYBE calling him Barry.
The print and TV MSM have been using a broad brush this week to AGAIN paint all BIRTHERS as crazy and removed from the GOP blah blah blah.
The mere fact that this Is *still* being discussed after two years is telling.
The Gov. of Hawaii’s mess he caused in saying he saw ‘a notation’ is telling.
The fact that there are more than one archives of Obama bragging about being Kenyan born in his early political days to make himself look more BLACK than Keyes and others is telling.
Why no college records? Was was someone killed surrounding passportgate? Why no disclosure of his alias?
The more they say folks are crazy the more they have to hide.
Why not just release all records instead of calling people crazy?
IMPROPER DISCLOSURE OF BARRY SOETORO OBAMA (whatever his real name is) And the media is ALL I VIEW AS CRAZY!
If BO is found to be inelligle, then the job would revert to Biden. He was born here and to two American citizen parents. Biden is actually qualified. But that’s ok, I don’t think he could find his way into work everyday.
“..one big idiot in charge..”
Sounds like the best Biden’s crew could come up with for a campaign slogan.
I held a small, glimmer of hope that it would at least get out of the senate judiciary committee. Maybe another state will push for it.
Yes. People like to get all amped up and dramatic about "what would happen" if it was determined that Obama did not meet the eligibility requirements. It is a political question, and the consequences would be determined through political processes.
He most certainly would be impeached; however, there would be no guarantee of removal.
I think this is a disappointing answer to many people, but it's the truth. The Court cannot order the POTUS to resign, nor can they declare him impotent to execute the powers of the office.
This is not to say that such revelations would not cause a constitutional crisis of the highest order. There would likely be a practical stripping of powers, with lower officials and military officers refusing to act on presidential orders.
I think the most likely result of concrete revelations of ineligibility would result in impeachment and removal within days, and an introduction to your new president: Mr. Joseph Biden.
Sotomayor and Kagan better recuse themselves.Are they even legally Justices if Obama is not eligible?
It was in January that the court denied, without comment, a request for a hearing on the arguments. But the attorney at the time had submitted a motion for Justices Sonia Sotomayor and Elena Kagan, who were given their jobs by Obama, to recuse.
...
At the time, the Supreme Court acknowledged the "motion for recusal" but it changed it on official docketing pages to a "request." And it reportedly failed to respond to the motion.
I think the Court's failure to respond was an error on the Court's part and that is the reason for the rehearing. It will end up in the circular file along with all the rest. The Supremes are not going to address the eligibility issue unless forced to by lower court rulings. And since it appears that nobody or no organization actually has standing to sue then then I don't see this yielding any positive results either.
What a sad state we have come to in this country when the Judiciary and the Legislative cower in fear of the President's political power.
Wouldn’t that be something if the Supreme court ordered barry sotero to release ALL his life records?
National Enquirer would be all over that.
I do really think that no one has touched this because of the implied threat of racism charges and the DC types probably figured, what the hell, give him a chance. How much damage can the guy do?
Well now it is becoming apparent that he is operating outside the law (ignoring the Constitution) and pushing this country toward anarchy.
Hope someone with power and authority steps up and soon.
This social experiment will get a lot of innocent people killed.
Probably not-- Google "de facto officer doctrine."
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Then again...perhaps de facto would not apply to Barry.
"To satisfy the doctrine, the officer must be "in the unobstructed possession of the office and discharging its duties in full view of the public, in such manner and under such circumstances as not to present the appearance of being an intruder or usurper."
http://info.libraries.vermont.gov/SUPCT/160/op92-113.txt
I don’t give a sh!t about riots or what the MSM *thinks* I care about the Constitution and the Republic surviving.
It's sure as hell hypocritical and inconsistent. Obama himself voted for a federal law in 2005 that forces states to verify the validity of birth certificates when they are used to apply for drivers license or ID cards. Yet these state legislature claim that doing the same for presidential candidates is going to overburden their elections protocol. Real citizens need to step up and demand some consistency on a very standard procedure.
Including appointing the two justices, which is clear cause for them to recuse?
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