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Supreme Court to Uphold or Ignore the Constitution?
Capitol Hill ^ | Dec. 7, 2008 | JB Williams

Posted on 12/07/2008 11:14:58 AM PST by PlainOleAmerican

As of this writing, December 6th, the Supreme Court has not yet announced whether or not it will take up the Donofrio case, or any other case concerning Obama’s constitutional eligibility for the office of President.

Yet there is no more important issue before the court today and the clock is ticking.

(snip)

The Supreme Court of the United States of America has but one primary obligation to the American people, and that obligation is to use the power afforded it under Article III—Section I of the Constitution, to uphold, protect and preserve the U.S. Constitution, the Charters of Freedom, and provide equal justice for all, without regard to personal political leanings or ambitions…

(Excerpt) Read more at capitolhillcoffeehouse.com ...


TOPICS: Culture/Society; Editorial; News/Current Events; Politics/Elections
KEYWORDS: 2ignore; 4thecommongood; acrackerhead; bc; birthcertificate; certifigate; constitution; differentdayss; donofrio; enoughalready; getalife; lawsuit; notthisshiitagain; obama; scotus; tinfoil; trollalert
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To: An Old Man

Dissent is needed in every discussion. If there’s none, then it’s not a discussion. It’s a “omg you’re so right!” to everyone chat.


221 posted on 12/07/2008 3:42:23 PM PST by couchpotatoxxx12
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To: savedbygrace
as has been pointed out many times in the past few weeks, he will not be President elect until Dec 15th after the Electoral College votes. I'm thinking the USSC cannot require him to prove his qualifications until he is President elect.

That's a very good point, and one worth considering over the next two weeks.

222 posted on 12/07/2008 3:43:00 PM PST by Windflier (To anger a conservative, tell him a lie. To anger a liberal, tell him the truth.)
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To: couchpotatoxxx12

omg you’re so right


223 posted on 12/07/2008 3:46:24 PM PST by An Old Man
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To: PlainOleAmerican
Wonder what they’d do with 56 million Americans who refuse to follow the 16th Amendment on the basis that the SCOTUS won’t even enforce Article II - Section I...?

You do realize that almost ALL taxpayers are in the 56 million who voted against Obama, yes? Non-taxpayers are Socialist Democrats.

I say that if this issue is not cleared up to the people's complete satisfaction, and in accordance with our Constitution, that we should quietly register our rebellion in exactly that way.

224 posted on 12/07/2008 3:47:01 PM PST by Windflier (To anger a conservative, tell him a lie. To anger a liberal, tell him the truth.)
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To: Windflier

And remember, it’s us rednecks and right wingers that have all the guns!


225 posted on 12/07/2008 3:54:36 PM PST by Free America52 (I just want it to be the way it always has been.)
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To: Canadian Outrage

Hey CO

It’s been years since I’ve seen you...

I used to be juzcuz. I couldn’t get my old name back

good to see you again.. BLU By U/ juzcuz


226 posted on 12/07/2008 3:56:37 PM PST by Blu By U
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To: rswan6574

Your post supports my position that under common law anybody born in this country is natural-born.

It also indicates that Obama may at birth have had dual citizenship, of the USA and Kenya or perhaps UK. I believe he’s been very clear that this was the case.

I assume you are claiming that his UK citizenship somehow outweighs his American citizenship?

I think the law is pretty clear. If he was born in this country, he’s a natural-born citizen. If he was born overseas, he may still be.

You object to my saying there are only two categories. Fine. Please post the case law indicating what the third category might be.

Are you aware that two of the Supremes once dissented in a case establishing that all born here are automatically “natural-born citizens” on the ground that this might make a Chinaman eligible to be elected president? (Horrors!) Are you further aware that the other 7 outvoted them, that we’d just have to take our chances with a Chinese president?


227 posted on 12/07/2008 3:59:17 PM PST by Sherman Logan (Everyone has a right to his own opinion, but not to his own facts.)
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To: Sherman Logan

“I do know the present version of the law requires the American parent to have lived in the USA for 2 of the previous 5 years.”

The law in effect in 1961 required 5 years after the age of 14, and as a result Stanley Ann Obama at age 18 could not pass her citizenship to her son if he was born in Kenya. When the current law was passed in 1986 it was not made retroactive. I believe that it’s quite possible that Barry Obama has never been a US citizen. Of course he can end the controversy by releasing his original birth certificate, which would in any case be public in 46 of the 50 states. Hawaii is one of only 4 states where it is considered private.


228 posted on 12/07/2008 4:02:38 PM PST by devere
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To: PlainOleAmerican

1. What do Indonesian school records have to do with American citizenship status? Can those records be wrong? Even if they are correct, do they overrule American law?

US law ignores dual citizenship. Whether it exists or not is irrelevant to US citizenship status.

2. Please post case law stating that America does not allow dual citizenship for presidents. I seriously doubt there is any. So what you mean is that you think America shouldn’t allow it. Maybe you’re right, but your personal opinion is not the Law. Yet.

3. Please prove that he used an Indonesian passport. Even if he did, doing so doesn’t remove US citizenship, especially in the case of a minor.

4. I think he should produce his original BC. I suspect there’s something embarassing on there, and that we’ll all be embarassed if and when it comes out. But I greatly doubt it has anything at all to do with his citizenship and therefore his elibigility under the constitution for the office he’s been elected to.


229 posted on 12/07/2008 4:05:17 PM PST by Sherman Logan (Everyone has a right to his own opinion, but not to his own facts.)
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To: Daddynoz

““Natural born” citizenship is defined as born on US territory and both parents having US citizenship at the time of the birth.”

The Supreme Court precedents, such as Perkins v Elg (1935) seem to hold that anyone born in the USA and subject to its jurisdiction is a natural born citizen. Mr. Donofrio’s legal theory seems to be incorrect.


230 posted on 12/07/2008 4:07:50 PM PST by devere
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To: Sherman Logan

“I suspect there’s something embarassing on there”

Yes, most likely a report by a citizen of Hawaii of a foreign birth.


231 posted on 12/07/2008 4:09:41 PM PST by devere
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To: tisonlyi
I don’t want to be called names.

Didn't call you a name...troll is an adjective for people like you whose very first post is to tell us FReepers to "get over it" and suck it up. We have to let the Constitution be trampled on because "the blacks will riot"

Oh yeah, you sound like a real Conservative, not.

I'll stick with my initial assessment....see ya

232 posted on 12/07/2008 4:14:21 PM PST by Las Vegas Ron (When homo's can procreate - then they can get married)
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To: Daddynoz

Beautiful synopsis. It really is a simple concept. The only thing I would add is that a birth certificate is not required, as a birth certificate has no bearing on this case.

Assuming the Supreme Court will take the case, it is one for the history books. My elementary understanding is that “first impression” cases do not happen all that often.


233 posted on 12/07/2008 4:15:32 PM PST by Helen
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To: mamelukesabre

Rush’s program is just not as good as it was before he became Defender-in-chief of GWB.


234 posted on 12/07/2008 4:15:54 PM PST by Theodore R. (The most frightening words in the English language: The American people!)
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To: Free America52

I wish I believed what you’re saying, but I think we’re in seriously big trouble and Bush has retired from the battle. I heard an address by him a couple of days ago and he sounded like he’d had a stroke - weak, uncertain and unfocused.

Now that Obama’s Kenyan Marxist-Islamist kin are planning their arrival in the US for the inauguration of the Messiah, we’re way beyond the point of no return.


235 posted on 12/07/2008 4:16:48 PM PST by livius
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To: Sherman Logan

Better Chinese than Marxist.

Be that as it may, I think the US did not permit dual citizenship until fairly recently (sometime in the 20th century). IIRC, Ireland was the first country to be granted this privilege.


236 posted on 12/07/2008 4:18:44 PM PST by livius
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To: Blu By U

Hi there. Great to see you too. I wouldn’t have recognized this name as I am used to juz cuz from the Natalee threads right? CO


237 posted on 12/07/2008 4:21:44 PM PST by Canadian Outrage (Conservatism is to a country what an antibiotic is to an infection - Healing!!!!)
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To: Daddynoz
The brilliance of the eligibility challenge of Donofrio v Wells;

1. It is granted that Mr. Obama was most likely born in the United States and thus a citizen of this country.

I think its brilliance loses some of its luster with point #1. How can he grant a point that has not been established factually yet.

Point #1 should be that since Mr Obama has not released his birth records from vault captivity, then no one really knows where he was born, thus we are left with determining his "natural born citizenship" status with the facts that we do possess, namely the citizenship status of his parents at the time of his birth, which are without dispute.

238 posted on 12/07/2008 4:22:27 PM PST by Uncle Chip (TRUTH : Ignore it. Deride it. Allegorize it. Interpret it. But you can't ESCAPE it.)
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To: Canadian Outrage
Natalee threads right?..

Before that I think, the little CA girls’ death. They Found Westerfield the perp. Maybe even the Peterson case.

What a mess going on right now huh? OBuma promised transparency while he executes executive privilege. I'm afraid he's going to walk away with a new coat called the Constitution.

239 posted on 12/07/2008 4:37:37 PM PST by Blu By U
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To: Sherman Logan
The Hague Convention 1930 stated that any country that did not allow dual citizenship basically voided the citizenship of the second country. Indonesia did not allow dual citizenship at the time BO was there.....His mother by marrying Soetoro also lost her US citizenship.

You might want to google to see the exact wording of the Hague and also check out the laws of Indonesia to verify.

240 posted on 12/07/2008 4:38:35 PM PST by hoosiermama (Berg is a liberal democrat. Keyes is a conservative. Obama is bringing us together already!)
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