Posted on 08/04/2009 3:21:40 AM PDT by Zakeet
Despite a congressional resolution affirming President Obama's U.S. birth and a reaffirmation of his birth certificate's authenticity from Hawaiian officials, media outlets continue to air frivolous allegations that the president was born in Kenya, rendering him ineligible for the presidency. Let's pretend, for just a moment, that the birthers had credible evidence that Obama was foreign-born. Then what would happen?
Resignation, impeachment, or nothing. If Obama stood his ground, and Congress stood by him, then the only way to legally remove him from office would be for someone to sue. Problem is, no one would have standing to bring such a lawsuit. To establish standing, a plaintiff must show that he has suffered an injury personal to him, that the defendant caused the injury, and that the court could provide a remedy. That turns out to be an impossible task.
Average citizens could not show a personalized injury because Obama's allegedly illegitimate presidency would impact everyone in roughly the same way. Courts invariably dismiss such claims, like the 1937 case alleging that Justice Hugo Black was ineligible to serve because as a member of Congress he had voted to increase the justices' salaries. Even membership in much smaller aggrieved groups generally doesn't work. The Supreme Court rejected a suit brought by parents of African-American children challenging the IRS's lax enforcement of anti-discrimination laws and another by legislators who claimed their voting rights were diluted by the line-item veto. In both cases, the communal nature of the injury precluded standing. Thus the lawsuit of Army Maj. Stefan Cook, who argued that his pending deployment to Afghanistan by an illegitimate president constituted a particularized injury, was doomed to failure. (The case was mooted when the Pentagon canceled his deployment.)
(Excerpt) Read more at slate.com ...
The reason that the military has standing to remove him is as follows: Ever single order given to a military person is given, in effect, by the Commander in Chief. If that Commander is found to be not qualified to give that order, then no order given by any general to any subordinate is legitimate, and every action performed in this chain of command is therefore illegal. There is no pretext, no validation for their actions. They could be liable for God knows what, especially if it could be proven that they knew about the fraud and failed to act. It would be a horrible situation to be in--one I wouldn't wish on anyone.
And then what ???
Obama wont say...”OK I’ll leave quietly now”
How do we get him out of the White House ???
Who has authority to arrest him or evict him ???
I can t see the Secret Service just standing back while the DC police or the Army go in and force him out...
The SS are sworn to protect the POTUS...
From the moment it was proven he is not eligible, he wouldf be trespassing on the peoples land and White House...
he would have to leave even before we had a legitimate POTUS
I guess the fair way would be another election...
a special election McCain?Palin V Hillary
Unless McCain let Sarah Palin run instead..
But meanwhile Obama would have to go...
Its our house not his...
Another thing that should raise a few eyebrows is congressional resistance to laws that require evidence of eligibility in the future. What possible reason could they have for not wanting to confirm eligibility of future presidents?
If he is not eliglble to be POTUS, he can can’t be commander in chief. The Joint Chiefs would go to the Congressional leadership (such as it is) and lay it out. He goes or we REALLY start defending the USA.
Problem is, no one would have standing to bring such a lawsuit. To establish standing, a plaintiff must show that he has suffered an injury personal to him, that the defendant caused the injury, and that the court could provide a remedy.Paging Sarah Palin.
Sarah Palin, please pick up the courtesy phone in the White House lobby.
Two of them. Neither one asserts "natural born" either, not that it needs to be asserted (except maybe it does, as a matter of constitutional law).
Mr. INOUYE (for himself and Mr. Akaka) submitted the following resolution; which was considered and agreed to:
Passed on a voice vote (only a few senators in the Senate) on July 28, 2009. There was no debate. Senator Inouye stated (Pages S8210-8211), while talking up the state of Hawaii, "The Honorable Barack Obama, the first African-American President of the United States, was born and raised in Honolulu, HI."Whereas August 21, 2009, marks the 50th anniversary of Proclamation 3309, signed by Dwight D. Eisenhower, which admitted Hawaii into the Union in compliance with the Hawaii Admission Act (Public Law 86-3; 73 Stat. 4), enacted into law on March 18, 1959;
Whereas Hawaii is a place like no other, with people like no other, and bridges mainland United States to the Asia- Pacific region;
Whereas the 44th President of the United States, Barack Obama, was born in Hawaii on August 4, 1961;
[More "Whereas" clauses snipped]
Whereas for all of these reasons Hawaii is a truly unique State: Now, therefore, be itResolved, That the Senate recognizes and celebrates the 50th anniversary of the entry of Hawaii into the Union as the 50th State.
Introduced on June 26, 2009, debated on July 27, 2009 (Pages H8839-8842), and Passed on a 378-0 vote.Whereas August 21, 2009, marks the 50th Anniversary of President Dwight D. Eisenhower's signing of Proclamation 3309, which admitted Hawaii into the Union in compliance with the Hawaii Admission Act, enacted by the United States Congress on March 18, 1959;
Whereas Hawaii is "a place like no other, with a people like no other" and bridges the mainland United States to the Asia-Pacific region;
Whereas the 44th President of the United States, Barack Obama, was born in Hawaii on August 4, 1961;
[More "Whereas" clauses snipped]
Whereas for all of these reasons Hawaii is a truly unique State: Now, therefore, be itResolved, That the House of Representatives recognizes and celebrates the 50th Anniversary of the entry of Hawaii into the Union as the 50th State.
The following remarks during debate of the House Resolution are on the point of Obama's birthplace:
Mr. CLAY.: "The State also enjoys being the childhood home State of our current Commander in Chief, President Barack Obama."
Mr. ABERCROMBIE: "It is also going to be the birthday, of course, in a week or so, of President Obama, born in Kapiolani Hospital, just down the road from where I lived."
Mr. FALEOMAVAEGA: "At the height of the presidential campaign last year, Mr. Speaker, I remember there was a national blogger going around saying that I was working as a special agent of Barack Obama, and the reason for my travel to Indonesia and to also visit the school in Jakarta, where Barack Obama had attended, was to destroy any records that would indicate that President Obama was born in Indonesia, which would obviously have him disqualified to run as a candidate for President. ... President Obama was born in Kapiolani Hospital, Honolulu, Hawaii, period."
Let’s first establish that point. Then we can have a nationwide strike until he steps down.
The first thing about this article that strikes me is that it was even written. It’s a serious piece, )even though written from the lib view) asking questions about the law, who has/hasn’t standing in the courts and what the remedies might be.
Something’s going on when Slate publishes this kind of piece.
They do, and it’s because he order them onto the battlefield, perhaps resulting in their death.
You and I can’t, because all he can do to us is drive us crazy, pizz us off, make us poor, and overall in a miserable state. And put us in a crappy mood.
But the relationship between an active soldier and the CIC is very specific. It’s literally life and death, which gives them standing. (of course, with Obamacare, who knows?)
They haven't pushed it for two reasons, closely related. First, they believe that persons born of dual citizenship are eligible for the office of president, and that the only constitutional requirement is that the mother be in the country (probably legally, but perhaps not), even if only for the days surrounding the birth. Second, they are averse to national sentimentality, and feel that anybody who is successful as a politician ought to get a crack at the office of the president - see urge to permit naturalized citizen to be eligible for the office. The elites see the US as just another plantation.
Lets first establish that point. Then we can have a nationwide strike until he steps down.I agree that first we establish the point. Everything proceeds from that.
But I don't know about a national strike. Isn't that what The One is already purposely steering the country towards, universal unemployment?
No, strike is not the answer, unless you're referring to another meaning of the word strike.
Mr. FALEOMAVAEGA: “....Obama was born in Kapiolani Hospital, Honolulu, Hawaii, period.”
_________________________________________________
And you know that, how ?????????????
You win the prize.
That is EXACTLY the scenario.
Neither group has a scintilla of incentive to file a lawsuit seeking a declaratory judgment; and even if Congress did, the Supreme Court might turn the suit away as a political matter.
Oh this is nothing but “bogus”. “The Factor” investigated, and Bill O’Reilly says so.
I’m sure there are plenty of republicans who would like to see that pesky natural born citizen requirement go away. In fact there are a few fairly decent conservatives who would make fine presidents.....IF they were eligible. Pete Hoekstra is a name that I’ve heard floated as a potential presidential candidate but he would never get my support because he doesn’t meet the natural born standard any more than Shwarzenegger or Granholm.
That's not the point.
The point is, the law would have been broken which mandates a remedy be derived and applied - of which Obama is the recipient.
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