Posted on 11/28/2008 12:57:36 PM PST by jay1949
The basis of the claim differs, but I believe that it will be derailed by the non-justiciability problem, even if there is a state-law basis for standing.
I agree with everything you’ve stated. Right, wrong or indifferent (I happen to believe the circumstances of Obama’s birth are questionable at best), I don’t believe any court will take up this case.
Having said that, it would have been really interesting if the State of HI had declared Obama’s COLB either a phony or even if it had just stated that there were some inconsistencies in the document.
The Constitution didn’t really provide any mechanism for remedy in this case. I’m sure this will be a topic of conversation in law schools for many, many years.
I wonder what Arnold is thinking. If he runs, who can tell him he can’t?
It looks like the Supreme will decide and when. I am glad that the Republicans picked all of our court justices except two.../sarc.
Jim, I think you may have a typo with your Jan 5 date, you may have been thinking of Dec 5.
The solution this author predicts requires that the language of the 12 amendment be applied to cases where the leading candidate is found unqualified. The 12th only addresses instances where any one candidate fails to obtain a majority of the votes. That is not the case, of course, where the leading candidate is found to be unqualified and, thus, the 12th is not applicable.
The 20th amendment is the first to address disqualification. It provides that the VP “act” as Pres until a Pres shall be qualified.
Jay1949: If you believe as many of us do that there is substantial circumstantial evidence that O is not natural born, I invite you to take a look at the draft on my About page. Then, I ask you to consider putting something like it on your blog for your readers to consider.
STAND UP AMERICA! The presidential election is not over!
We voted for electors, not the individual candidates. The electors vote on or after December 15, 2009. The results are then presented to a joint session of Congress and objections may be heard on January 8, 2009 pursuant to the 20th amendment and Public Law 110-430. See the letter on my About page hand-delivered to the local offices of my Republican Senators and Representatives. I urge you to take similar action, even if it is simply faxing a one page letter to Washington, D.C.
When he's finished with the White House.
(Send in more toilet paper.)
If the law prevails and Obama gets the boot, that will be good for the law and good for the constitution, which also means good for our country.
But other than that, not much will change.
President Joe Biden.
Roll that across your tongue and see how it tastes.
I absolutely want to see the proof. If the Supreme Court rules for Obama, then at least we satified our duty to uphold the rules of the Constitution.
The adoption of the Fourteenth Amendment obviously affects how we view natural-born citizens because for the first time there is a national rule of who may by birth be a citizen of the United States. Who may be born citizens of the States is conditional upon being born “subject to the jurisdiction” of the United States. The legislative definition of “subject to the jurisdiction thereof” was defined as “Not owing allegiance to anybody else.”
One universal point most all early publicists agreed on was natural-born citizen must mean one who is a citizen by no act of law. If a person owes their citizenship to some act of law (naturalization for example), they cannot be considered a natural-born citizen. This leads us to defining natural-born citizen under the laws of nature - laws the founders recognized and embraced.
Exactly.
There is a kind of haze of news on numerous blogs, and this is often asserted. I’m not sure how one could prove it. There are family statements saying that his half sister was born in Indonesia, and apparently a Hawaiian COLB.
The problem is that the so-called main-stream media have failed to investigate any of this, and cannot be trusted anyway. And everyone in the Dunham/Obama extended family seems willing to lie at the drop of a hat.
So, no, I don’t know if there’s absolute proof of that or not.
Also, it goes beyond that. If it is found that Obama is not qualified; he should rightly step down.
You said..”even if there is a state-law basis for standing”
Read the following article about the Donofrio case, it states,
“the strength of his cases....is in his avoidance of the issue of standing “
http://www.Americasright.com/2008/11/second-eligibility-related-action.html
Another?
When did they do another?
No matter the outcome of the law suits, his Presidency will forever be a taint on this Nation. A selected president who had so little faith in the people of this nation that his entire life has been a secret and a lie. A nation where the news media has failed their duty to act as a source of information and scrutiny for every candidate. The stain on our Constitution may be so great that it may not even be washed away with the blood of patriots and Tyrants as Jefferson had envisioned. The fact that this must be litigated is a very sad time for this nation.
It's been changed to January 9 for 2009 only.
That is a good article. In all likelihood, what the Framers intended by the phrase “natural born citizen” was the equivalent of what English law in the late 18th century meant by the phrase “natural born subject,” which included (with some exceptions) persons born in England and persons born outside of England with one or two English parents. A person in a “natural born citizen” of the United States if born in the United States of foreign parents (diplomats excepted). Assuming Obama was born in Kenya, his mother was an American citizen, and he would fall in the understanding of “natural born citizen” at the time those words were written. I could be wrong, and I understand the arguments both ways, but on balance that is how I think it will play out.
“No person except a natural born citizen, or a citizen of the United States, at the time of the adoption of this Constitution, shall be eligible to the office of President; neither shall any person be eligible to that office who shall not have attained to the age of thirty five years, and been fourteen Years a resident within the United States.”
AT THE TIME OF THE ADOPTION OF THIS CONSTITUTION!!!!!!!!
There’s the rub!!!!!
If it weren't for that pesky (R) behind his name, he would be.
You said, “President Joe Biden”
This would not happen with the Donofrio case. All of the candidates and their respective tickets would be disqualified due to the fact that they would have been ineligible to be on the ticket in the first place.
It’s been changed to January 9 for 2009 only.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.