You said — About the citizenship issue, Scalia told a close relative of mine that “if the electorate don’t care, why should we (the Court) get involved?”
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I don’t think the case for getting Obama out of office is going anywhere, either (you’re saying this “statement” exemplifies “why” it’s going nowhere...).
But, I think it’s going nowhere — *not* on the basis of the voting public “not caring” — but rather — because no one was able to present any evidence to the Supreme Court. And besides that, the cases that they had to decide were on other issues (like “standing” for one example...).
The Supreme Court was asked to undo the election or stop the Electoral College votes or to stop the inauguration — but they refused to do any of those, because it was all based on Internet blogs and rumors and speculations and “reasonings” from certain people — but *nothing* in the way of any solid evidence for them to act.
They would act, and do something that was *within their powers* to do — if — someone brought a specific case to them with that issue to be decided and if there was specific and court-verified evidence (from lower courts) that was absolutely documented.
In the absence of all that — the Supreme will be doing *nothing* at all...
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And by the way, I do not believe that statement as coming from Scalia or any other Supreme Court Justice. I believe they will do the right thing, according to the law of the land that we have, and all applicable statutes and do so regardless of any consequences. However, their power is limited right now, in regards to a sitting President. Only Congress has been delegated the power to remove a sitting President from office.
But the USSC DOES have the authority to unseal Obama’s birth certificate (and other relevant documents) and ensure that he meets the Constitutional requirements.
The Supreme Court doesn't have to get Obama out of office, if this gets to court and the ruling goes against Obama.
Congress will be compelled to remove him from office. Anything Obama will have done in the past and into the future will be for not. The Military will not have to listen to his orders. Bills signed by Obama will lose to all court challenges. Executive Orders will be null and void. Get the picture.
Obama could refuse to step down and be a figure head of state who would be striped of his powers. Congress could choose to their detriment not to remove Obama, except they would reap the biggest election slaughter of Democrat incumbents in US history. This would become the biggest political PUS that would explode on the next scheduled election day. You Dems go ahead and stick your heads in the sand.
I think you got part of it right. The SCOTUS can do nothing without evidence of violating a law or a question of legal interpretation.
In the first case there appear no admissible witnesses to testify that Obama was not born inthe USA. In the second case there is the Donofrio question of how a natural born citizen is defined.
The Donofrio case has the potential for subpoena of the long form vaulted birth certificate (long form) that has not been produced or seen, but has been kept from public release by Obama. The one that has been seen is a Certificate of Live Birth (COLB) which the Hawaii government has apparently verified is authentic but does not verify a birth in Hawaii. The long form vaulted birth certificate will verify birth in Hawaii if it exists.
Donofrio can subpoena the long form as a means of providing evidence on the father where are there are multiple witnesses to his Kenyan citizenship and his status as a British subject at the time of Obama’s birth.
If Donofrio is heard and subpoenas the long form, then the Obama legal defense can be expected to fight release of the long form but then that forces the issue into the press. And that is the crux of the case, why is Obama barring release of his long form? Once the press gets hold of that question the American people like me are going to be thinking Obama is hiding something.
And I expect the press will have to wrestle with the issue of COLB versus long form in Hawaii. And that will wake Americans up more to why this is a legit question.
So as I see it, this case hinges on Donofrio.
However, one terrible fly in Obama’s ointment is the new law passed in Missouri (I believed it was passed) that requires presidential candidates to provide evidence meeting the constitutional requirement of ‘natural born’. That means this becomes an unavoidable issue for the 2012 election if America survives until then.
And if the question of ‘natural born’ hasn’t been decided by 2012, then Missouri may be tied up in court over whether Obama can be placed on the ballot or not. Obama may produce the Hawaii COLB again and tell Missouri there’s the proof.
So once again the Donofrio case must establish what is proof of ‘natural born’. But from my understanding there are some State Department regs that state a COLB is not evidence of citizenship.
This case is not over and it may have legs.