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Obama Citizenship - - Who Decides, and When?
American Sentinel ^ | November 28, 2008 | jay1949

Posted on 11/28/2008 12:57:36 PM PST by jay1949

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To: jay1949
The author of a note in the 1988 Yale Law Journal concluded, “there are only two classes of citizens, native-born and naturalized . . . [so that] any person with a right to American citizenship under the Constitution, laws, or treaties of the United States at the time of his or her birth is a natural-born citizen for purposes of presidential eligibility.”

There are three: natural born, naturalized, and citizen by statute. John McCain is a citizen by statute, that bizarre, error-riddled Senate Resolution 511 notwithstanding. No one who knows what Obama is, is talking, or they're in Kenya and are being discounted. Isn't that racist?

21 posted on 11/28/2008 1:17:32 PM PST by RegulatorCountry
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To: jay1949

We are not talking about any Fed court we are talking about SCOTUS. If he is found to be inelgible based on the Constitution then the fault is Obama’s and the DNC. Will it happen? I do not know. Why will SCOTUS not rule on this case?


22 posted on 11/28/2008 1:17:50 PM PST by Frantzie
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To: goldstategop

SCOTUS is the 3rd branch - judicial, legislative and executive. This situation was caused by abuse from lkeg & Exec (to be). SCOTUS needs to stop the cram down by Leg & Exec.


23 posted on 11/28/2008 1:19:41 PM PST by Frantzie
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To: goldstategop

And I also disagree vehemently with your assertion that simply to raise the issue is racist. It makes no difference. The founders put that there for a reason, and that reason is just as relevant today as it was back in 1788.


24 posted on 11/28/2008 1:19:46 PM PST by rlmorel ("A barrel of monkeys is not fun. In fact, a barrel of monkeys can be quite terrifying!")
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To: goldstategop

“Its not going to go anywhere. “

Very little is certain, not even your pronouncement of failure. All nations are governed by laws or the fiat of tyrants. Free people are constantly forced to defend that freedom, this is one of those times. We have people who are charged with the responsibly of representing us and safeguarding our freedoms. There is an obvious remedy if they fail (at some point a political remedy will not be possible), will you be part of that remedy?


25 posted on 11/28/2008 1:21:03 PM PST by Peter Horry (Mount Up Everybody and Ride to the Sound of the Guns .. Pat Buchanan)
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To: jay1949

saved


26 posted on 11/28/2008 1:23:15 PM PST by gunnyg
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To: jay1949
Who decides, and when?

Who: the special Joint Session of Congress, which will convene for the purpose of counting the electoral votes.

When: January 5, 2009, at 10 AM.

27 posted on 11/28/2008 1:23:16 PM PST by Jim Noble (I have read a fiery gospel, writ in burnished rows of steel)
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To: Cicero
Also, Stanley Ann Dunham got a COLB for Obama’s half-sister,

I've been reading this since the beginning, but have not seen any proof. Is there a link to the original story stating this?

28 posted on 11/28/2008 1:23:19 PM PST by sharkhawk (Here come the Hawks)
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To: goldstategop

I agree that it’s going nowhere, but if evidence surfaced that Obama was not a natural born citizen all it would take to promote a full blown crisis is one GI refusing to follow a deployment order on the grounds that it was unlawful. That kind of isssue would have to be dealt with and since it, in the end, would involve the liberty of the soldier in question it would have to be decided by SCOTUS and the manner in which the case was framed would take it out of the purely political and into the arena of law and the Constitution.


29 posted on 11/28/2008 1:26:58 PM PST by xkaydet65
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To: jay1949

Stopped reading at “here is the one case where conservatives want an activist type of judge to decide an issue,” this bonehead couldn’t be more wrong ,,, we want the law as written applied,,, activist judges need not apply..


30 posted on 11/28/2008 1:27:20 PM PST by Neidermeyer
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To: rlmorel

I tend to agree with the freeps who think the SCOTUS will find the opportunity to debate an original intent case irresistable, especially concerning the executive branch which is attempting to steamroll them.

We may be surprised to find 7 justices interested in this.


31 posted on 11/28/2008 1:27:20 PM PST by txhurl (somebody just bought 12 Carrier Battle Groups for 600 million dollars)
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To: Frantzie

Good point about the birth announcement. My cousin and his wife live in Ireland and when they had their daughter it was in the local paper since both sets of grandparents and many other relatives live in the area.

Stanley Anns parents lived in Hawaii. It isn’t a stretch they’d announce their grandson’s birth even if it was overseas.


32 posted on 11/28/2008 1:28:10 PM PST by mccainvoterinobamaville (My new chant IM STRAIGHT IM GREAT AND I LIVE IN THE LOWER 48!)
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To: RegulatorCountry

And ironically I didn’t see anything about this until the dems tried to get McCain declared ineligible.


33 posted on 11/28/2008 1:29:08 PM PST by mccainvoterinobamaville (My new chant IM STRAIGHT IM GREAT AND I LIVE IN THE LOWER 48!)
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To: jay1949
So if the electors have voted for two Presidential candidates, Barack Obama and John McCain, and Congress decides that Obama is not qualified, then that leaves only McCain eligible for the office. How likely is this to happen? Let me know if you see pigs in flight.

But it hasn't happened yet: the electors declare their vote on Dec. 15.

Nowhere does the Consitution give any court a role in this process. Not all Constitutional questions can be decided by the Federal Courts. For example, the courts will not decide what constitutes a “republican form of government” under Article IV, Section 4. In general, the Federal courts do not decide “political questions,” and the issue of eligibility to be President seems to be a political question.

No, the Constitution doesn't give any court a role in this process (I assume he means the Electoral College vote), but, again, that hasn't happened yet. The popular vote (actually the vote for the state electors)  is controlled, and the ballot certified, in each individual state, by the Secretary of State. Once the ballot has been approved by the SOS, there is room to bring suit in a state court, under each state's laws regarding certification of the candidates and the SOS oath to "uphold the Constitution of the United States." If the State suit fails, it can be referred to SCOTUS.

Berg didn't go that route, and therefore his suit will most likely fail. Donofrio did go that route, and though the chances are very slim that SCOTUS will take up the issue, he at least got his argument on the table there for consideration.

34 posted on 11/28/2008 1:30:26 PM PST by browardchad
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To: Cicero

“McCain Democrat,” please. http://jay1949.wordpress.com/


35 posted on 11/28/2008 1:32:31 PM PST by jay1949 (Work is the curse of the blogging class)
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To: rlmorel
So, you are saying we just completely give up, throw it in the trash and be governed at the will of whichever tyrant is running the government according to whatever rules they see fit?

Not quite.

68 million US citizen voters chose Electors for President and Vice-President pledged to vote for Obama and Biden, respectively. This represented a clear majority of all voters.

On December 15, 2008, the body charged with the responsibility of electing the President and the Vice President will assemble, and in all probability will elect Obama and Biden.

On January 5, 2009, the democratically-elected legislature known as Congress will assemble, count the votes in public, and entertain challenges. I have no doubt whatsoever that at least 90 Senators and at least 400 Representatives will endorse the election of Obama and Biden.

Now, whatever you think of the outcome, this process is not "being governed at the will of whichever tyrant is running the government according to whatever rules they see fit".

The lesions on the body politic which have led to this outcome are many, and of long standing. They cannot be cured or even arrested by an appeal to the one branch of the government which has nothing whatsoever to do with elections.

36 posted on 11/28/2008 1:32:50 PM PST by Jim Noble (I have read a fiery gospel, writ in burnished rows of steel)
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To: rlmorel

Why is it a mistake to want a person who may or may not be citizen or naturalized citizen to put up the proof?

If we ignore it or the implications of; we might as well jump under the bus with the rest of them.

No thanks. It needs to be determined even if it only means we know who the enemy is. How else are we going to fix it or anything else?


37 posted on 11/28/2008 1:35:34 PM PST by freekitty (Give me back my conservative vote.)
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To: Neidermeyer

You should have kept reading.


38 posted on 11/28/2008 1:36:32 PM PST by jay1949 (Work is the curse of the blogging class)
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To: jay1949
Leo Donofrio’s case is much different than Berg's and is explained in the following...

http://hubpages.com/hub/Supreme-Court-Justices-Consider-Obama-eligibility

Unfortunately, his case was an attempt to be preemptive before the election but, he was obstructed by a NJ Judge as well as a law clerk for the USSC who chose NOT to pass the submitted paperwork on to Justices BEFORE the election was held. It is a clear indication of the corruption that is present in our court systems.

I pray that Justice Clarence Thomas and the others come up with clear and HONEST reasons for their rulings, whether or not these cases are actually tried.

39 posted on 11/28/2008 1:38:02 PM PST by dianed
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To: patriot08

YOU, my friend, truly are a PATRIOT!


40 posted on 11/28/2008 1:40:58 PM PST by dianed
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