Posted on 11/12/2008 4:03:54 AM PST by solfour
After being denied, dismissed and otherwise turned back in the Superior Court of New Jersey, Appellate Division, and the New Jersey Supreme Court, retired lawyer and professional poker player Leo Donofrio is taking the ultimate gamble and bringing his eligibility-related action before the United States Supreme Court. Donofrio, however, alleges that he has already been dealt a poor hand.
THE CASE
In his action filed against New Jersey Secretary of State Nina Mitchell Wells, Donofrio contends that Wells has not fulfilled her duty as Secretary of State to independently verify the constitutional qualifications of the presidential candidates before placing them on the ballot in the Garden State. Specifically, Donofrio notes in the brief accompanying the Application for Emergency Stay filed with the U.S. Supreme Court, Wells was required by N.J.S.A. 19:13-22 to make a statement in which she certifies and signs off on the names of the candidates on the ballots. The statute, in relevant part with emphasis added:
The Secretary of State, not later than eighty-six days before any election whereat any candidates nominated in any direct petition or primary certificate of nomination or State convention certificate filed with him are to be voted for, shall make and certify, under his hand and seal of office, and forward to the clerks of the several counties of the State a statement of all such candidates for whom the voters within such county may be by law entitled to vote at such election.
(Excerpt) Read more at americasright.com ...
Honestly I would be satisfied to see the supreme court rule that congress must legislate a clear straightforward verification process. As it is now, we’re taking their word for it.
After that then I think the Twentieth Amendment kicks in:
Section 3. If, at the time fixed for the beginning of the term of the President, the President elect shall have died, the Vice President elect shall become President. If a President shall not have been chosen before the time fixed for the beginning of his term, or if the President elect shall have failed to qualify, then the Vice President elect shall act as President until a President shall have qualified; and the Congress may by law provide for the case wherein neither a President elect nor a Vice President elect shall have qualified, declaring who shall then act as President, or the manner in which one who is to act shall be selected, and such person shall act accordingly until a President or Vice President shall have qualified.
From back in the primaries, I keep remembering some comment re: Obama (around the time that the Rev. Wright info broke). Someone (unnamed source, IIRC) was very upset and said something like: "They didn't vet this guy, they didn't vet him at all - and now he's going to lose."
Hmm.
There's a reason why this S.O.B. has created the "Office of the President-Elect" and has started naming cabinet members. He's trying to become inextricable. Of course, Hillary is ruthless as all Hell - she won't care about the threat of riots and such.
How sad that we might actually be better off with her.
Great point, IMO.
In the mean time..
I've had to show my birth certificate several times over the years (and years).
Pro or con vis-a-vis Obama's birth certificate -- why do the little people have to do it and the ruling elite do not? 'Tain't fair, McGee.
What about the pesky equal treatment thingy?
I saw that birth notice posted here on FR before the election. I guess you could go back through all those threads and dig it out but maybe someone on this thread will know how to locate it without having to spend all morning doing it.
Obama needs to lay the issue to rest, or become quite literally and immediately impeachable from the minute he's sworn in. Check the language, no added verbiage necessary.
The most likely scenario, given the short time period until the Electoral College votes in December, is that the EC will vote pretty much according to the Nov 4 votes, making Obama President-elect. Then, if he is disqualified before 1/20/09, Biden becomes the Acting President-elect, and then we move into limbo.
The XX Amendment says the VP-elect becomes the Acting President-elect until a President is qualified, but I don’t think there has ever been any enabling legislation passed that authorizes Congress to qualify a President under those circumstances.
Therefore, I think we would have to endure Biden as Acting President for four years. I’m not sure an Acting President is authorized to select a VP to be voted on by Congress.
It would be a mess, but at least we wouldn’t have 0 in the WH.
OTOH, if the Court decision disqualifying him comes after 1/20/09, there doesn’t appear to be any Constitutional cure other than Impeachment. IMO, the Dims and their PR arm, the MSM, would do their hardest work to convince a majority of the people that it would be better to let 0 serve out one term rather than the upheaval of Impeachment. Would they succeed? I hope not.
But we’re not even close to that scenario yet, and the Court would have to move very quickly to reach a decision before 1/20/09.
That document certifies nomination, bert. Nothing else.
For those who are Constitutionally challenged.
Talk about your poison pill. Obama tapping Biden as VP finally makes some sort of sense.
“The most likely scenario, given the short time period until the Electoral College votes in December, is that the EC will vote pretty much according to the Nov 4 votes, making Obama President-elect. Then, if he is disqualified before 1/20/09, Biden becomes the Acting President-elect, and then we move into limbo”.
Do you think this is the manufactured crisis O’Biden was talking about? LOL!
Not so. Birth announcements are put in like death announcements - by the family. Nobody's saying he didn't live in Hawaii, or even that he mightn't have been a natural born citizen if his mother had taken him down to get him registered. But we don't think she did. And his father was foreign, and his mother was underage, so the automaticity of his citizenship is in question.
I don’t know what all this drama is about... Obviously if he wasn’t eligible to be POTUS someone would already have peaked at the original BC. Besides Gov Lindle a Republican told the state to seal it so she had to look.
My opinion it is not about his American birth there is something else on the BC that would slighlty damage his credibility.... maybe it states relgion is Muslim, Maybe it lists Race as Caucasion, maybe Obama Senior is not his real father.
It seems to me you would not go through all this trouble to cover it up and hide it unless there is something damaging there.
The more we find out about Obama the less we really knew about Obama... Blame the media they failed to do their job...
.....That document certifies nomination......
It is the basis for action by the various Secretaries of State. The issue to be decided by the court is does that DNC document satisfy the requirement?
YEs, and the three wise dudes will be Marx, Lenin, and Engels. Or maybe Trotsky, I don’t know.
I find it inreresting that two newbies are posting here and both are spinning the newspaper birth cert story and we should therefore move on.
Are these two recent signups O trolls?
Please everyone note that this poster and:
Monsieur Poirot
Since Nov 5, 2008
have just signed up and are spinning the newspaper story.
Trolls be gone!
Hey I am not spinning the story .
I said I Do not know how the vital stats are recorded .
Then another poster explained how they are recorded and I stand corrected .
Maybe this is the “crisis” that Joe Biden mentioned.
“And here’s the point I want to make. Mark my words. Mark my words. It will not be six months before the world tests Barack Obama like they did John Kennedy. The world is looking. We’re about to elect a brilliant 47-year old senator president of the United States of America. Remember I said it standing here if you don’t remember anything else I said. Watch, we’re gonna have an international crisis, a generated crisis, to test the mettle of this guy. And he’s gonna have to make some really tough - I don’t know what the decision’s gonna be, but I promise you it will occur. As a student of history and having served with seven presidents, I guarantee you it’s gonna happen. I can give you at least four or five scenarios from where it might originate. And he’s gonna need help. And the kind of help he’s gonna need is, he’s gonna need you, not financially to help him, we’re gonna need you to use your influence, your influence within the community, to stand with him. Because it’s not gonna be apparent initially, it’s not gonna be apparent that we’re right. Because all these decisions, all these decisions, once they’re made if they work, then they weren’t viewed as a crisis. “
I mean, you don’t say things like that unless you already know there’s an issue.
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