Posted on 07/08/2012 2:45:27 PM PDT by IbJensen
A Circuit Court has decided that Florida election law applies to everyone but Barack Hussein Obama. In response to a suit brought by Florida resident and Democrat Party member Michael Voeltz challenging Obama’s eligibility to the Florida ballot, Circuit Court Judge Terry Lewis ruled that Florida election law “…is not applicable to the nomination of a candidate for Office of President of the United States.” This means that the Florida Statute which says, “the… nomination of any person to office…may be contested in the circuit court…by any elector or any taxpayer…” is null and void when it comes to Mr. Obama’s nomination to the presidency.
“If the plaintiff was challenging the candidate’s eligibility for any other office, his analysis would be correct and [the law] would apply,” said Lewis of Voeltz’s suit. However, according to the Judge, “…Political parties determine their [presidential] nominee at a national convention pursuant to rules that the parties draft and approve…” In short, Mr. Voeltz’s contest of Barack Obama’s eligibility will NEVER be permitted in a Florida court; for voters do not nominate the president, political parties do in balloon filled convention halls! With this ruling, Lewis has spared Barack Obama the necessity of having to prove his eligibility for office as no Florida voter will have the right to question it, the language of the state’s election law notwithstanding!
Lewis also passed judgment on the natural born citizen challenge of plaintiff Voeltz, ruling that as Barack Obama is a citizen of the United States, he is also a NATURAL BORN citizen and therefore meets that constitutional requirement. “The judge equated being a ‘citizen’ with a ‘natural born citizen’ and cited no authority to conclude the two terms are the same,” exclaimed a stunned Larry Klayman, the attorney who handled the suit for Mr. Voeltz.
Perhaps the most remarkable of Lewis’ contentions was his statement that “it is the plaintiff’s burden…to allege and prove that a candidate is not eligible.” For the judge did not allow Klayman the right of discovery–the right to subpoena Obama for proof of his eligibility! “How can you say we have the burden of proof, then not allow discovery?” Klayman asked. “He says we have burden, but doesn’t allow us to meet it.”
Klayman, the founder of Judicial Watch, went on to say “The decision issued today by Judge Terry Lewis was poorly reasoned and written.” “It goes against prior Florida Supreme Court precedent in particular, thus making our chances on appeal great.”
The bias and lack of honor displayed during the past year by the American legal system represents not only a threat to the Constitution, but to the continued existence of the Republic. When citizens mistrust the integrity of the court, they lose faith in their right to expect and receive justice. Klayman said “…if the Florida courts ultimately decide to obey their own election law, we will prevail in the end.”
Unfortunately, ignoring both the law and the Constitution has become standard fare for the nation’s judges. Mr. Klayman may need a miracle if he expects the law to be fairly applied in his client’s appeal.
Irrelevant; the law, as cited is: “the… nomination of any person to office…may be contested in the circuit court…by any elector or any taxpayer…”
The person challenging is a taxpayer, therefore that qualification is met.
That electors cast the votes is irrelevant to the fact that someone is nominated for the office of President (Obama in this case) thereby making it callengable by this law.
All that is to say, it makes no difference that the taxpayer is not directly voting for the person, that the person has been nominated is all that is needed for a taxpayer (or elector) to challenge him under this law.
Granted the actual full text may say something different, but as presented the ruling is ludicrous. Given the train of illogic I've seen of judges recently I'm far more skeptical of them ignoring/twisting the law than I am even of newspapers (and given Zimmerman, that's a lot).
There is a good reason for that. The founding fathers realized that as soon as a law was written, people would try to evade it. So they reasoned that the constitution should be filled with checks and balances of all kinds, bodies of people with competing interests.
In this case, it was a four way balance. The people would directly and democratically elect US congressmen to the House, which is why it is called “The People’s House”.
The state legislatures would appoint senators, who would act to protect their state from the US government, but also protect the citizens of their state from being interfered with by the US government. Or else they would be fired.
The Electoral College would elect the POTUS. Importantly, if no candidate was selected on the first ballot, all the electors became free agents. This has mattered in several presidential elections. Only once they have been so deadlocked that the vote went to the House to select the president.
Importantly, the POTUS would appoint justices to the Supreme Court, but they would have to be approved by the senate (and thus by the states, by proxy).
“I’m pretty sure that’s incorrect; if someone is born a US Citizen via the 14th Amendment then are they not statutory citizens and therefore not natural born citizens? “
No. Statues are laws. The Constitution is a bit different. In any case, the US Supreme Court said the set of NBC citizens and the set of 14th amendment citizens are one and the same. The exclusions used in the 14th already applied due to the meaning of the NBC clause.
So the Constitution isn't a law? That's funny, I'd always thought it was the supreme law of the land... but since it isn't that means that the government running roughshod all over it is no big deal: they aren't breaking any laws.
In any case, the US Supreme Court said the set of NBC citizens and the set of 14th amendment citizens are one and the same.
Unless, of course, the 14th Amendment is a lie.
OK. Live in La-La Land and keep getting your butt handed to you in court.
1) I've not had to go to court, save for traffic infractions and a jury-duty calls.
2) How is it "living in la-la land" to at least know that certain things are "deemed to have passed"?
3) Why must I accept things "deemed to have passed" as valid?
4) Moreover, why is it that my butt must be handed to me in court if I take something up?
“Then when I’m President I’ll have to dissolve them in addition to the Air Force......”
Good luck with that....as I recall the Constitution is not the suicide pact you seem to think it is. The US goverment is tasked by the Constitution with providing for the common defense. Seems to me that they have done just that with the armed forces as currently constituted... Now wiggle back into your rabbit hole...Alice is waiting for you.
And who said that such a stance wouldn't?
Seems to me that they have done just that with the armed forces as currently constituted...
If even the basic structure outlined in the Constitution for the Armed forces cannot be followed, then what makes you think that any of it can?
Or, to put it another way, if the Air Force can be granted legitimacy outside of the Constitution, then why can't the ACA [ObamaCare] also be granted legitimacy? Oh, wait, it was. And for the same reason: The constitution has no respect from those in government.
It's ridiculous to say "we want the Constitution followed" and then ignore what the Constitution says.
And in any case, if such agencies are needful to the "common defence" the Constitution can be amended to allow for them... if they need to be separate at all. (I'd rather see them under the Army and Navy; just keep the two branches and let them be subsections -- it's a hell of a lot simpler that way.)
“(I’d rather see them under the Army and Navy; just keep the two branches and let them be subsections — it’s a hell of a lot simpler that way.)”
Nosing around, I smell former dog meat. Doggies are the only ones I know of that want to centralize military power in their own hands (or their’s with an initial nod to the Navy in your case). Your views on this subject are not particularily original.
A similiar scheme was tried under Truman with Gen Eisenhower testifying before Congress for passage of “elemental” armed forces per JCS memorandum 1478, a classified Pentagon document that attemppted to hide from Vinson’s Congressional oversight committee. 1478’s stated long term goal was to eliminate major sections of the other branches or incorporate them within the Army..... creating a sort of American version of the recently defeated German High Command.... Rep Carl Vinson stopped that wrong headed nonsense in it’s tracks....
You’ll note that the Navy has a Carrier christened USS Carl Vinson in his honor for his efforts in this area. You can claim “Constitution” all ya want, but it only serves to illustrate your ignorance or reveal a hidden agenda ala the old JCS 1478 Army scheme...
The Marine Corp, and Navy, predate the Constitution by several years in continuious service to the nation, while the Army was in fact disbanded post the Rev War, as I recall. Post Rev War Americans were rather fond of their Navy and Marines, but not so much enamored with a standing Army......
“Or, to put it another way, if the Air Force can be granted legitimacy outside of the Constitution, then why can’t the ACA [ObamaCare] also be granted legitimacy? Oh, wait, it was.”
The Air Force is a legitimate because of the tax powers of the Congress???? Who knew! You’re reaching too far pal, back to the sandbox with ya! (I suspect that you are both young and inexperienced...it shows.)
No, but the utter disregard for the Constitution is the same. If the Constitution is followed, then it must be followed even in those areas we don't like to be messed with: defense. Or do you intend to claim that the requirement that no fund appropriation for the army be of a duration longer than two years to be unreasonable? (Newsflash, they wrote it that to stand in the way of a standing army.)
Also, we didn't have a regular army prior WWI (maybe even WWII, I'm not sure on that so I'll go w/ the earlier); so it's a load of dung to say that we couldn't have a similar no-regular army scheme.
You’re reaching too far pal, back to the sandbox with ya! (I suspect that you are both young and inexperienced...it shows.)
Screw that; I already put 9 years in [Guard] and I'm not going to support a government that routinely ignores the Constitution. -- The thing that sealed my decision was a SFC giving me the "Shut up private"-speech (it doesn't matter if you're not a private; it's still the same speech) when I said that should Obama prove not eligible it was the duty of the Army to remove him from office (this was sometime between election and inauguration). Nice to know that the oath to the Constitution, rather than the government or a particular person, means so little to my leadership. (This thought was vindicated by LTC Lakin's courts martial, the refusal of investigation into the matter was wholly unacceptable; and yes, the investigative powers in such a military trial are greater than the corresponding civil trial.)
Nosing around, I smell former dog meat. Doggies are the only ones I know of that want to centralize military power in their own hands (or their’s with an initial nod to the Navy in your case).
I'm not sure I'm familiar with "dog meat" as you're using it; so please elaborate.
Further, I'd actually want to decentralize the army, offloading it into the State's National Guards. (IE, let them serve out their contracts training the Guard units and the general citizenry. See above: the Constitution was not meant to allow for a regular army.)
Your views on this subject are not particularily original.
Never said they were. But if I'm going to be a Constitutionalist, I'd best be a full Constitutionalist.
But that's not a bad thing; it'd solve the AZ problems: Art 4, Sec 4. (And I'd get the fun of being able to issue warrants for the arrest of every city-council, COP, and county sheriff wherein a sanctuary-city existed: you know, for a treason trial.)
obumpa
They just been waiting for us to get old. Looks like that plan is going to work for them, since they will now shut us up for good with 0'care.
If you decide to move to another location and you are on MediCare, you better check to see if there is a doctor that will take a new MediCare patient. You might find that no one will take you, not even for cash. The end result of that is Old People will now show up at Emergency rooms where they will likely receive no care, or more likely exit care.
The times they are a changin.
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