Posted on 11/28/2008 9:00:33 PM PST by ckilmer
It isn’t timely until after the Electoral College votes, and Obama becomes President elect. Until then, the 20th Amendment doesn’t apply. There is no Constitutional authority to knock him out of the office until he is President elect. None.
If he committed fraud to gain the Dim nomination, then he theoretically could be impeached, but that would only be operative after he becomes President. Fat chance Pelosi would allow it in the coming session of Congress.
So, the time for the USSC to rule is between Dec 15 and Jan 20. That’s the window. Before 12/15 and it’s not timely. After Jan 20th and the Court has no authority over the matter of qualification.
Bart.
It appears to be a very complicated process but worth it. There are many on FR who would rather not even try to define natural born citizenship but avoiding this fight really is disrespectful to all those who fought for this country and died specifically for the survival of America and its Constitution. To let this issue die would be such a betrayal. Sure, we all have to live together but we all have to live by the law and be judged equally by it.
I don't want to start this again. I was out of line but you were as well. The fact is we shouldn't fighting each other. That's what the left wants after all.
Bart.
If the SCOTUS decides on 12/5 to take up the matter, they could simply require Obama to produce an authentic birth certificate by a date certain. It would then be available within the window of which you write.
Frankly, I don’t see getting the 4 votes necessary, but all 9 justices, regardless of political persuasion, should have an interest in whether the winner of the general election for President of the United states has the basic qualifications to serve.
All Obama has to do is produce an authentic birth certificate, not COLB, and the matter is closed, assuming he was borh in HI.
He is hoping to stall long enough for the Electoral College to meet and elect him president, and in his way of thinking he will be bullet proof.
Thanks for the post. This is stuff I know about already. What amazes me is most of the public doesn’t know or even seems to care.
Re-read my post to you.
Agreed.
Peace...
We will start off on a better foot next time.
Your post reads more like an article, and it deserves further comment. From your post:
[[[ "All that is really (most) relevant here is that he must be a natural born US citizen to Constitutionally qualified to be POTUS, the documentation should be provided (by court order, if need be) to prove that status or lack thereof.
If he lacks being a Natural Born Citizen, he is Constitutionally ineligible to be POTUS--all quibbling aside about exactly what that takes to be a Natural Born Citizen.
Donofrio's case, also questioning McCain's status, does two things by so doing.
First, it makes both candidates subject to the same level of Constitutional scrutiny as to eligibility, and second, removes the question of sheer partisan politics or racism, making the whole substantiative issue one of Constitutional eligibility." ]]]
Donofrio's case is by far the safest path for the SC to uncover the truth, because it removes the pall (however undeserved) of political partisanship or favoritism. The Natural Born Citizen bona fides of at least three candidates on the 2008 ballot are in question in Donofrio's suit.
We all remember how the SC was roundly criticized by the left for "selecting" George Bush in the 2000 election, though they did no such thing. Donofrio shrewdly, and rightly, questioned the constitutional qualifications of the Democrat, the Republican, and the foreign Commie. The air cover that provides should at least alleviate any reluctance on the SC's part to re-visit another election debacle.
There is still a lingering question in some people's minds about whether the Justices will want to touch this hot potato, even with political air cover. I'm not a legal scholar of any sort, but from what I've read about the legal construction of this case, and the clear existence of a constitutional question of great importance, I think they'll take it.
December 5th can't get here fast enough for me.
I make good points to argue yours and you ignore them.
You have cherry picked at my comments to you and wrote info on them that had nothing to do with the initial argument.
Finally when you can’t come up with an argument you write some wishy washy words about how this court stuff will go nowhere, but that you agree Obama is in the wrong.
I pray to God everyday about this issue. I do not believe you have the God playbook on this anymore than I do.
In other words you have no idea how this all will play out.
And for the last time, I will use my right to bear arms if I feel I need to protect myself, my family, my property and if need be my Nation.
Apology accepted. I know you did not target your posts at me.
I get a little heated when I am up late at night as well.
This whole nightmare is so upsetting that I can’t see how we could keep all this light and friendly.
I patched it up with windflier. Hope I spelled that correctly. Any way we don't need to be fighting with each other. There are bigger fish to fry.
Bart.
One time ping to all who may be interested in this development:
http://www.freerepublic.com/focus/bloggers/2140156/posts?page=1
Good point.
Bart’s alright. We’ve gotten past things now.
I agree with you that this area of the law needs to be more settled.
We are living in a day and age of unprecedented mobility and serial relationships-—and many other things that guarantee that in the future we need a better way to determine and settle and challenge the eligibility of a person who will be President.
This the perfect case for the Supreme Court to take, since both major party candidates have unusual fact patterns re their citizenship status. Although the only one actually at issue is Obama (because he won), the Court could give guidance in dicta on McCain’s situation. That would be very helpful.
And we need the Court to tell us how this matter can be raised, by whom it can be raised and where, and how it gets remedied if need be.
Re-read my post to you.
Once you've done that, write to your elected representatives and inform them that it's their constitutional duty to demand all of the facts regarding Obama's "natural born citizen" bona fides.
In my case that would be Senator's Durban and I believe still Obama along with Represenitive Jesse Jackson, Jr. and they'll just file any letter I write to them here.
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