Posted on 12/22/2011 12:05:49 PM PST by GregNH
It is a sad commentary on the state of "Justice" when procedure is regarded as having more importance than our rights or our laws.
Justice should not be a function of "procedure" but the result of a reasonable weighing of the facts.
A RAT challenging a GOP. But then that would never happen because the libs would never allow any GOP candidate to advance even into the first round of debates.
There was a lawsuit filed by a Dem, and was told that he had no standing due to obama had not been elected yet. (I’m working from memory here, the reasoning could be wrong).
John McCain and the RNC should have been filing these lawsuits and demanding proof once Obama was selected as the nominee. *I* and I dare say a lot of other people expected them to do just that, and was quite surprised when they did nothing.
It is my opinion that both John McCain and the RNC thought the issue would not go well for them politically, and therefore decided to ignore it. Had they pursued the challenge, Black Americans would have seen it as a dirty trick to disenfranchise one of theirs, the media would have also played it that way, and the critics would have said "Who is John McCain to say someone else isn't a "natural born citizen" when *HE* was born in Panama?"
Given how badly the public understands the term "natural born citizen" (Most of them think just being born here is all that is necessary) more people would have seen John McCain as ineligible than would have seen Barack Obama as ineligible.
I think John McCain AND the RNC thought his candidacy would be utterly destroyed if they put the eligibility weapon on the table. I also suspect this is why the party apparatchiks have gone to such efforts to squelch the "birther" issue. It would be tantamount to admitting they were playing games with our laws.
Procedure is very important in election law because it protects democracy. An election challenge must be filed before the ballots are printed, so that, if a candidate is ineligible, he can be removed and replaced by another candidate before the ballots are cast. Otherwise, if a candidate is declared ineligible afte rthe election, the voters are robbed of their ability to choose the candidate they want.
Thanks for posting that information. How did you come upon it? It’ll be interesting to see how/if that case develops and how it will focus in on the ‘natural born’ definition.
It doesn't protect democracy when it creates results such as we have now.
An election challenge must be filed before the ballots are printed, so that, if a candidate is ineligible, he can be removed and replaced by another candidate before the ballots are cast. Otherwise, if a candidate is declared ineligible after the election, the voters are robbed of their ability to choose the candidate they want.
If they were robbed, it was by the actions of the ineligible candidate in hiding his lack of eligibility. They were robbed in the primary, just as were we Republicans when we nominated John McCain without the knowledge of his eligibility issue.
Had the public been aware of John McCain's birth in Panama, they might have chosen someone else, (though I can't imagine who) and the other choice would have been able to challenge Obama's eligibility without worrying that the tactic would hurt him worse than Obama.
It was a CA case, so any appeal automatically goes to the 9th. Not that these suits did all that well in the 4th (GA) or DC.
canadafreepress.com/index.php/article/12999
(snip)
Every member of the Supreme Court, every member of congress, every member of the Joint Chiefs, most members of the DOD, CIA, FBI, Secret Service and state run media, ABC, CBS, NBC, CNN, PBS, NPR, MSNBC, Fox and print news, knows that Barack Hussein Obama does NOT meet Article II – Section I constitutional requirements for the office he holds. By his own biography, there is NO way he can pass the test. The hard evidence is so far beyond overwhelming, it is ridiculous.
(snip)
But not ONE member of America’s most powerful people will dare confront Obama and his anti-American cabal on the subject. The Constitution does NOT stand.
(snip)
Half of the people you expect to stop this insanity are quiet co-conspirators in the silent coup. The other half is paralyzed by fear, motivated only by political self-preservation.
(Snip)
Americans keep asking what they can do because they see that none of their leaders are doing anything to stop the demise of their beloved country. It’s the right question, because those leaders are NOT going to stop this thing.
(Snip)
WHO WILL SAVE FREEDOM?
A brave few… This is how it was in the beginning, how it has always been and how it will be.
(Snip)
DR. ORLY TAITZ, Phil Berg and Gary Kreep, ALL OF WHOM HAVE MADE DEFENDING THE CONSTITUTION AND THE AMERICAN WAY OF LIFE A PERSONAL AMBITION, IN THE ABSENCE OF ANY CONSTITUTION LEADERSHIP.
A PRECIOUS FEW, BUT THEY EXIST… and the walls are indeed closing in on Obama and his evil cabal. IF THE AMERICAN PEOPLE FAIL TO GET BEHIND THESE BRAVE FEW WHO ARE SEEKING PEACEFUL REDRESS, ALL THE PEACEFUL OPTIONS WILL EVAPORATE AS IF THEY NEVER EXISTED. WE WILL RETURN TO A PRE-1776 AMERICA OVERNIGHT..
Do YOU fear Obama?
http://canadafreepress.com/index.php/article/12999
I have now read the 9th Circuit's decision. They held that certain of the plaintiffs (minor-party candidates for Pesident) would have had standing had they sued before the election. (The suit wasn't filed until January 20, 2009.)
“I don’t have the case number handy, but here is more infor:
[...]
‘Cort Wrotnowski’s emergency application for a stay and/or injunction”
I don’t think that’s the same case you were remembering, as it doesn’t have the elements you named. The case filed by a Dem before the election and dismissed on standing would have to be Berg v. Obama.
http://www.fec.gov/law/litigation/berg.shtml
Nice clue for the Vattel-birthers in footnote 2.
http://www.scribd.com/doc/76326540/KEYES-BARNETT-v-OBAMA-APPEAL-9th-CIRCUIT-AFFIRMED-FILED-OPINION
LFBC = ‘Laughable Fake Birth Certificate”
And they know it.
We all know it. The courts know it. The great media figures (cough, cough) knows it. Heck, my dog knows it.
Its the worst kept secret in the country right now. There is no real BC in Hawaii’s possession. No microfilm, not paper document. Nothing. If they do have it it likely has a Washington State or Canadian seal on it.
Now we know why Obama didn’t try to get matching funds in 2008.
Oh just remembered. It was Phil Berg I think who filed before the election, but maybe it was too late due to the ballots being printed? Can’t remember details.
Obama State Ballot Challenge 2012
http://obamaballotchallenge.com/
These people are looking for volunteers to challenge Obama’s eligibility at the state level BEFORE he is put on the ballot.
All states have a history of evaluating and rejecting those ineligible who try to get on the national ballot as a candidate for President. Obama ought to be evaluated just like any other potential Presidential candidate.
Yes, it was the Phil Berg case but it was filed way after the time period specified in each state’s code for ballot challenges on qualifications.
Each State sets forth law for ballot challenges. Regular citizens didn’t know about these laws in 2008 and it was too late as these deadlines are in the very beginning of the year and only a few days window.
Standing and jurisdiction issues are not a problem. This is the allotted time ballot challenges are to be made per the law of the state.
Folks are trying to get a ballot challenge filed in each of the 50 states. Please help.
If these guys would let one suit come to fruition, the problem would go away, one way or the other. I wonder why, universally, this has not happened. If just one judge would let it pass, it would be over.
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