Posted on 10/29/2011 1:02:58 PM PDT by Jacquerie
We should be wary of allowing any court to define Constitutional terms. Even more important, for the very sake of representative government, we must resolutely oppose judicial interference with the Presidential election process.
From Madison’s record of the Federal Convention, it is clear the Framers considered anyone born in the US, less slaves and indians, to be a natural born citizen. They did not bother to specify parentage because it just didn’t matter. What was important was to minimize the possibility of a paid foreign born agent becoming President. Yes, I know Wiki says it was to keep foreign aristocrats out. Wiki is wrong.
So, who or what body gets to define NBC? Since Congress has all legislative powers therein granted under our Constitution, it would seem after 220+ years, it would have come up with a definition. But it hasn’t, and actually it doesn’t matter that Congress has been silent. Equally irrelevant are the various musings of the Courts over these past 140 years. NBC applies solely to Presidential elections and the Framers wisely set up a system that kept Scotus entirely out of it.
The reason is called separation of powers. We take for granted (Or have most of us forgotten?) that Congress cannot judge felony guilt or innocence, nor can federal judges make law. The concept was not exactly clear early in the convention. For instance, it was thought a Council of Revision, composed of Scotus and the President should be responsible for deciding which bills from Congress become law. After some heated debate, a majority figured out it would be best to keep Scotus out of political decisions and give limited veto powers to the President.
Nothing is more political than elections, and as per Article II Section I and the Twelfth Amendment, the duty to give us a President lies with State legislatures and Congress.
Federal courts can no more legitimately interfere with the vote of State electors than it can interfere with the President’s power to nominate ambassadors. Both acts are non-justiciable. To do so would be a gross, impeachable violation of the Constitution. Unfortunately, all liberals and too many Freepers have fallen into a rat trap concocted these past 80 years that any dispute must be settled by a branch of government unaccountable to the people. It simply isn’t true and Scotus cannot legitimately “fill in” when some people become disgusted with the other branches.
But, you say, the Constitution is silent as to ambassador qualifications. Quite right, so who or what body is responsible for keeping a Kenyan, or any clearly foreign born and positively unqualified individual out of the White House?
As I have explained, it isn’t Scotus. The responsibility can only be with the parties charged with giving us a President, State Legislatures which are responsible for the appointment of electors, the electors themselves and perhaps the Senate which counts the votes. That is why it was not unimportant for the Senate in 2008 to find that McCain met the Constitutional requirements. Our Senate must ultimately count the electoral votes and that Senate decided McCain was qualified. Very simple, and no court can interfere with State electoral votes, nor the Senate in its duty to count the votes as directed by the Constitution.
The place to stop Constitutionally unqualified candidates is your State legislature. These are the people our Constitution charged with exercising electoral judgment. Do you know the name of your State Rep and Senator? You should, for he/she is the one who must be satisfied that your State sends votes for qualified candidates to the US Senate. Now, what if it becomes clear after an election the President was born in Kenya as I believe Hussein was? What if the Kenyan Ambassador publicized his Brit/Kenyan Birth Cert tomorrow? The only solution prior to the next election is impeachment and conviction. Don’t even think about Scotus or any federal court; they won’t touch it and shouldn’t. The Constitution provides the means to be rid of him and it is not the courts. Oh, and if for instance Hussein’s Praetorian Guard, aka the Senate makes it clear it will not vote to convict the man who boldly violated the Constitution? Tough. Let the political chips fall where they may.
Finally and actually most importantly, our Leftists Rulers over the generations have so polluted case law, that most politicians and almost all average citizens think the Constitution means whatever the courts say it means. Liberals love precedent and despise our beloved Constitution. If you think federal courts have the power to define NBC, adjudicate the Constitutional qualifications of a candidate, and subsequently deny a candidate or boot a nominee off a Presidential ballot, you will set in motion a process that will ultimately result in judicial selection of Presidents.
Don’t laugh, consider what Scotus did to the innocuous and harmless Commerce Clause beginning 70 years ago. A once well understood enumerated power may become the tool to enslave under Obamacare, the once freest people on earth.
I predict Scotus will steer clear. Be fall-on-your knees thankful, if given the opportunity to substitute its opinion for that of the States, our Scotus pulls back and lets a representative republic do its duty. If you think Hussein & Rubio are Constitutionally unqualified, do YOUR duty and impress your thoughts to your State rep and Senator.
Why do you allege it was a "well known fact"? It most certainly was NOT well known. It has only recently been discovered that Chester Arthur lied about his Fathers date of naturalization. The original objections to his legitimacy were based on his supposed birth in Canada.
Chet was exceedingly well connected, having been Collector of the Port of New York, a plum patronage job that made him and his cronies many millions.
IMNSHO, Chet laid out the path for Barry to improve upon!
"Chet," was CAA's nickname, I think.
They worked out fine. For him.
In 2006, then-Senator BHO, Jr. spent months in Kenya, with that slimy toad Dick Morris at his side, campaigning for Raile Odinga. In addition to stirring speeches on the stump for the man he claims as a Luo cousin, The then-Senator also raised well over $1 Million for Odinga's campaign coffers.
Odinga's platform, you ask?
Sharia Law in breakaway Islamic provinces,
the expropriation of Christian-owned farm s,
the expulsion of Christians from the government of Kenya,
the deportation of all missionaries.
When Odinga lost the internationally monitored election for President of Kenya, the then-Senator for Illinois lobbied the State Department and the UN incessantly to let Odinga in as Prime Minister in a power-sharing arrangement. That was done, but not before Odinga's cohorts massacred several thousand Christians from non-Luo tribes, "necklacing" them with old tires filled with gasoline, burning them alive in their churches, and kicking them off their farms, displacing more than a quarter-million people.
The once-productive Kenyan agricultural sector immediately nosedived and plunged the country into famine requiring massive international assistance. Odinga was an honored guest at his cousin's inauguration ceremonies. Yes, Jacquerie, this immediately preceded the POTUS' reception of the Nobel Peace Prize.
Crime? A clear-cut violation of the Hatch Act, forbidding elected officials from interfering in foreign elections. It was a crime against the Christians of Kenya, and against humanity. Like Bill Ayers' murder of San Francisco police officers, it is a crime likely to be ignored rather than punished.
Hyperbole has been avoided here. BBC newsreels documented the tragedy, which was completely ignored by the American MSM. It still is. The man took office with the blood of these people on his hands. BTW, his efforts in Kenya were financed by the Clinton Foundation which passed the funds through from one George Soros.
That is our President. If the best we can do is remove in 2012, so be it, but there are some matters I can neither forgive, nor forget.
Had he lived, Dante's third volume would have been entitled "Detroit."
In regard to your reference to the powers of the states in certifying the eligibility of Presidential candidates: you are absolutely right. Obama coulda, shoulda, woulda been torpedoed by any one of the 50(7) Governors, AG's, Legislatures ... and unlikely as it may be, still can be.
Way too many think courts can order anything, and their power is right next to the executive order clause in the Constitution that gives Hussein unlimited power.
Our republic is so beat up, not a single state in 2008 could muster the courage to ask Hussein to prove he is NBC or prevent electors from voting for him until he did. 2012 will unfortunately and obviously be no different.
“A professor of Constitutional law tells us Vattel’s page 101 section 212 is used in the Constitution.”
Barack Obama and his supporters claim Obama was a profeswsor of Constitutional law, too.
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