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To: Tublecane
This case will not win because the Supreme Court will recognize that the separation of powers concept prohibits them from stepping in.

And this is different from 2000 when the Gore campaign wanted to cherry-pick the counties to be re-counted. That was an equal protection argument which, contrary to what the left wants people to believe, passed 7-2 by the Nine.

539 posted on 12/04/2008 9:23:32 PM PST by CaptRon (Perdicaris alive or Raisuli dead)
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To: CaptRon

But he is not eligible to serve as President.

Section 3 of the 20th Amendment provides a remedy for a President Elect failing to qualify. The Vice President Elect takes the Presidency until a ‘qualified’ candidate can be determined.

Isn’t it interesting there is a provision for such nonsense? There are only THREE qualifications to become President. These things should be determined beforehand but apparently there is a law in place (since the 1930s) to provide a solution to this very issue. The issue of a President Elect being deemed unqualified.

Barack Obama is a citizen of the United States under the 14th Amendment. His own campaign has said this. That’s because he was born to one US citizen and one UK citizen.

The Governator is a citizen of the United States under the 14th Amendment as well. That is because he was naturalized in the United States.

The 14th Amendment provides citizenship to those BORN or NATURALIZED in the United States. Born in the United States OR naturalized in the United States.

Naturalized citizens cannot be President and neither can someone that is just BORN on US soil. They receive the same ‘label’ under the 14th Amendment. They are ‘citizens of the United States’. By virtue of naturalization or mere birth on soil

Anyone BORN on US soil to foreign parents is a citizen of the United States under the 14th Amendment. (think anchor baby)

Anyone BORN on US soil to one US citizen and one foreign parent is a citizen of the United States under the 14th Amendment. (think Barack Obama)

Anyone NATURALIZED in the United States is a citizen of the United States under the 14th Amendment. (think Arnold)

None of them can be President. They are all ‘citizens of the United States’. None are natural born citizens.

If Obama’s father had been a US citizen this wouldn’t be an issue. Nothing changes the fact that, at birth, he was a citizen of the United States under the 14th Amendment.

That is, of course, providing he was born in the US.


544 posted on 12/04/2008 10:47:59 PM PST by wndawmn666
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To: CaptRon
>>> his case will not win because the Supreme Court will recognize that the separation of powers concept prohibits them from stepping in.

Hmmm.... well ...

In 1968, the Peace and Freedom Party submitted the name of Eldridge Cleaver as a qualified candidate for POTUS. Then Secretary of State, Frank Jordan, found that according to Cleaver's birth certificate, he was only 34 years old, one year shy of the age needed to be on the ballot. Mr. Jordan removed Mr. Cleaver from the ballot. Cleaver unsuccessfully challenged this decision to the Supreme Court of the State of California and to the Supreme Court.

Now that was with a SOS who DID want to get involved. The SCOTUS punted it, because there was nothing to rule on. However, precedence was set that the SCOTUS would accept such a case regarding Constitutional requirements of the POTUS.

Fast forward 40 years, and we find the current California SOS who let Roger Callero, who was born in Nicaragua, appear on the Presidential ballot (like on 14 other states).

You have Keyes, who ran for President, also in CA. He has strong "legal standing" and his case will be submitted to the SCOTUS next week (that'll make 4 cases total), with a case similar, but with slightly different accusations than Donofrio's. Reminder: this is for a Presidential election, and those job requirements are outlined in the US Constitution, not in California election code.

I think the SCOTUS will punt some of the counts if they can, but the Constitutional issues only they can rule one, they'll render decision on.


554 posted on 12/04/2008 11:58:54 PM PST by BP2 (I think, therefore I'm a conservative)
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