pacity!Posted on 09/15/2009 7:45:03 PM PDT by pissant
A team of taxpayer-supported lawyers arguing on behalf of President Obama's eligibility to occupy the Oval Office say not even the U.S. Supreme Court has any input into the question at this point, and such cases should be barred from the courts.
"The Constitution's commitment to the Electoral College of the responsibility to select the president includes the authority to decide whether a presidential candidate is qualified for office," said a brief filed by government lawyers in a California lawsuit over Obama's eligibility under the Constitution's demand for a "natural born citizen" in the White House.
That's because, the brief states, "the examination of a candidate's qualifications is an integral component of the electors' decision-making process. The Constitution also provides that, after the Electoral College has voted, further review of a presidential candidate's eligibility for office, to the extent such review is required, rests with Congress."
The lawsuit has been brought on behalf of a number of plaintiffs alleging that Obama is not constitutionally eligible for office. The case, being handled by attorney Orly Taitz, who now has been joined by Gary Kreep of the United States Justice Foundation, has a tentative trial date of Jan. 26, 2010.
Before then, however, U.S. District Judge David Carter is scheduled to hear the government's demand that the case be thrown out.
The arguments submitted by acting U.S. Attorney George S. Cardona and assistant U.S. Attorneys Leon Weidman, Roger E. West and David A. DeJute, say the Constitution further specifies if no candidate gets a majority of the electoral votes, the House of Representatives has the authority to select the president, "and, in so doing, to evaluate the candidates' qualifications."
(Excerpt) Read more at wnd.com ...
We are actually in agreement. The principles of jus sanguinis and jus soli apply to make one a natural-born citizen, and jus sanguinis means the person in question has two citizen parents.
***
Agreed ...
This is for those who may not know what the relevant law is ...
I have written about this extensively, but the posts are voluminous with the pertinent citations ...
So, here is the boilerplate version:
1. SCOTUS has ruled that there is NO Common Law in the United States, but has acknowledged that United States Law is at times ambiguous and deficient.
It is at those times, per actual SCOTUS decisions, that it needs to consult English Common Law in order to arrive at a decision.
2. English Common Law (Blackstone) states that children born in England of aliens are, GENERALLY SPEAKING, natural born subjects.
The phrase “generally speaking” STRONGLY implies that there is AT LEAST one situation where the the children ARE NOT natural born subjects. So, we need to investigate further.
3. English Common Law (Blackstone) ALSO states that a natural born subject can owe one loyalty AND ONE LOYALTY ONLY to one king.
But it ALSO states that there are situations where a child born in England of alien parents MAY ALSO owe a loyalty to the alien parents’ king - if that king’s law provided for citizenship of a child born abroad.
Such a child was called a Denizen, which is a dual national. And as such, English Common Law provided that the child enjoy MOST of the rights of natural born subjects EXCEPT HOLDING HIGH OFFICE.
4. The 14th Amendment provides that anyone born on United States soil is a citizen (for the sake of argument, I am saying Obama was born in Hawaii).
HOWEVER:
The British Nationality Act of 1948 declares that a child born of a British citizen while he is abroad IS ALSO a British citizen.
Therefore, such a child is a dual national AND, per English Common Law, is a dual national - NOT a natural born subject.
So, a natural born citizen, in the eyes of the Founding Fathers, was born BOTH jus soli (on U.S. soil) AND jus sanguinis (of two U.S. citizens).
The Founding Fathers DID NOT include an explanation in the Constitution because it was a universally known truth at the time.
If they had INTENDED to change the definition of natural born citizen, they would have included appropriate language in the document to note the change.
Thanx. Hopefully, the pot will come to a slow boil.
The very fact that the lawyers for 0 says that the question is moot is enough for me to continue questioning his elgilibity
pacity!Yes, I do, the original trial commencement date was Oct xx, but that was before I heard of this other participant in the trial.....maybe that is the reason for the delay.
If Congress has to do it, then all the more reason we change the make up of the Congress in 2010.
Let’s get busy. There is much to be done.
_____________________________
JB Williams
http://canadafreepress.com/index.php/article/12999
(snip)
Every member of the Supreme Court, every member of congress, every member of the Joint Chiefs, most members of the DOD, CIA, FBI, Secret Service and state run media, ABC, CBS, NBC, CNN, PBS, NPR, MSNBC, Fox and print news, knows that Barack Hussein Obama does NOT meet Article II – Section I constitutional requirements for the office he holds. By his own biography, there is NO way he can pass the test. The hard evidence is so far beyond overwhelming, it is ridiculous.
(snip)
But not ONE member of America’s most powerful people will dare confront Obama and his anti-American cabal on the subject. The Constitution does NOT stand.
(snip)
Half of the people you expect to stop this insanity are quiet co-conspirators in the silent coup. The other half is paralyzed by fear, motivated only by political self-preservation.
(Snip)
Americans keep asking what they can do because they see that none of their leaders are doing anything to stop the demise of their beloved country. It’s the right question, because those leaders are NOT going to stop this thing.
(Snip)
WHO WILL SAVE FREEDOM?
A brave few… This is how it was in the beginning, how it has always been and how it will be.
(Snip)
DR. ORLY TAITZ, Phil Berg and Gary Kreep, ALL OF WHOM HAVE MADE DEFENDING THE CONSTITUTION AND THE AMERICAN WAY OF LIFE A PERSONAL AMBITION, IN THE ABSENCE OF ANY CONSTITUTION LEADERSHIP.
(Snip)
A PRECIOUS FEW, BUT THEY EXIST… and the walls are indeed closing in on Obama and his evil cabal. IF THE AMERICAN PEOPLE FAIL TO GET BEHIND THESE BRAVE FEW WHO ARE SEEKING PEACEFUL REDRESS, ALL THE PEACEFUL OPTIONS WILL EVAPORATE AS IF THEY NEVER EXISTED. WE WILL RETURN TO A PRE-1776 AMERICA OVERNIGHT..
Do YOU fear Obama?
http://canadafreepress.com/index.php/article/12999
___________________________________
A precious few, indeed. Lets get behind those few brave patriots who are out there in the trenches every day working to prove Obama’s inelgibility:
Dr. Orly has put her life’s blood into this fight. SHE HAS MADE DEFENDING THE CONSTITUTION AND THE AMERICAN WAY OF LIFE A PERSONAL AMBITION, IN THE ABSENCE OF ANY CONSTITUTION LEADERSHIP FROM COWARDLY REPUBLICANS AND THE SCOTUS.
Dr. Orly is the ONLY one out there in the trenches EVERY day hitting Obama on multiple fronts and trying to bring him down. It is reported that she is more than $8,000 in debt from using her own funds for expenses in her flights across the U.S for interviews, speeches, serving papers and meeting with officials.
She has even gone to Isreal and Russia to spread the message about Obama’s inelgibility!
She states the case expertly, including the bc and natural born citizen aspect, when not abused by the U.S. state-controlled media. http://www.israelnationalnews.com/News/News.aspx/132880
Sure, Dr. Orly makes mistakes. We all do. But Dr. Orly is no dummy. How many of us could go to a foreign country, learn 5 languages, establish a successful dental practice, a successful real estate business AND pass the California state bar- one of the hardest in the U.S. to pass?
She may be a ‘mail order’ attorney and not a Harvard lawyer, but she IS an attorney with all the rights and privilages of a Harvard lawyer nevertheless!
The point is; she has the passion, the zeal, the courage of her convictions and the love of America and its freedoms (unlike many of our ‘great’ attorneys and ‘patriots’ who criticize her) that will not let her give up!
She is exhausted. She is nervous. She is frustrated. It is reported that she gets by on 4-5 hours of sleep per night, and her family is very worried about her health- as well as her safety.
She makes mistakes. But she will NOT give up. She will keep on until she gets it right.
So let’s get behind this great little Russian refugee and great American patriot.
Stop tearing her apart. The Obots don’t need our help.
The obots are scared to death of this little lady and her determination. That’s why they come out in droves all over the net on forums, chat rooms and even the national news to attack and ridicule.
HELP HER!
PayPal:
http://www.orlytaitzesq.com/blog1/
,
Same here!
I agree with you.
TY for the ping Lucy
I don’t think he (or whoever) signed the Selective Service form 20 years ago; Debby Schussel (sp?) had something all about that on her website. Pretty much tore it apart as fraudulent. Some guy that worked in Selective Service and knew about the applications, what all the numbers meant, and so on, said it was bogus. So 0bama might have signed it (or someone forging his sig) but probably only a few years ago, just so it looks as though he had one.
Maybe someone already explained this better; I hope so.
Obama might be 220 years old. He and his mother and Obama sr could have been alien abductees right at his birth and were dropped off in Hawaii right after his birth.
Now, you DO know I can barely type don’t you? “Code” is something for Agent 99.:)
He was the first President born after the ratification of the Constitution. But the United States existed from the Declaration of Independence. Or if you don't agree with that, from the Treaty of Paris, or the adoption of the Articles of Confederation. DoI July 1776
The unanimous Declaration of the thirteen united States of America,
...
We, therefore, the Representatives of the united States of America, in General Congress, Assembled, appealing to the Supreme Judge of the world for the rectitude of our intentions,
AoC March 1781
Art I.
The Stile of this Confederacy shall be
"The United States of America".
ToP signed Sept 1783, ratified Jan 1784 (by Congress)
Article 2:
And that all disputes which might arise in future on the subject of the boundaries of the said United States may be prevented, it is hereby agreed and declared, that the following are and shall be their boundaries
President Martin van Buren, the 8th President was born in 1782.
FWI Zachery Taylor, the 12th President was born in 1784.
Van Buren and Taylor were doubly qualified, both as Natural Born Citizens, and Citizens of the United States at the time of the ratification of the Constitution.
If he wants to be laughed out of office rather than being perp walked out (or hopefully just going peaceably back to Chicago or Hawaii to await the fraud trial)
You DO know that I almost failed most of my math courses don't you?
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.