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President's lawyers say eligibility question over
WND ^ | 9/15/09 | Bob Unruh

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 ...


TOPICS: Crime/Corruption
KEYWORDS: birthcertificate; birthers; certifigate; education; government; healthcare; islam; larrysinclairslover; marines; military; obama; palin; politics; veterans
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To: pissant; All

” ... the examination of a candidate’s qualifications is an integral component of the electors’ decision-making process ... “

***

Of all the unmitigated gall !!!

Electors (of both parties) are political hacks who would vote for Hitler if he were their winning candidate ...

The ONLY things they “examined” during the Electoral College were the boogers they picked from their noses.

Integral component of the electors’ decision-making process MY ASS !!!

Additionally, Obama’s attorneys are spitting on the Marbury v. Madison decision by saying 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. That case is one of the cornerstones of our legal system. The operative sentneces in the decision are:

Marbury v. Madison:

” ... It is emphatically the province and duty of the Judicial Department to say what the law is ... The judicial power of the United States is extended to all cases arising under the Constitution ...”

So, in this motion, Obama’s attorneys are basically telling the judicial system to shove it and that it is irrelevant.


61 posted on 09/15/2009 8:29:48 PM PDT by Lmo56
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To: Uncle Sham

No doubt. The Obama legal team's statement is a ridiculous one. That's why I think they are a bit panic'd (or wee wee'd up, rather) at the moment. A judicial activist could take this tack to give himself an escape. But I, personally, don't see Judge Carter rolling over like that. Frankly, I think this issue busting at the seams before our very eyes and the Obama team is unprepared to handle the mess it's going to make.


62 posted on 09/15/2009 8:29:59 PM PDT by so_real ( "The Congress of the United States recommends and approves the Holy Bible for use in all schools.")
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To: pissant
Gosh, and here we were told this was to be the most transparent administration ever. Makes a reasonable person wonder what he is hiding besides a birth certificate.
63 posted on 09/15/2009 8:31:01 PM PDT by vox_freedom (America is being tested as never before in its history. God help us.)
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To: pissant

and the recession is over ...


64 posted on 09/15/2009 8:31:21 PM PDT by clamper1797 (If Obama were a paid Soviet agent he could not do more damage ... Sen Thomas Jordan)
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To: Uncle Sham
One more thing:

While the court may or may not have the authority to remove a fraud from the White House, surely if criminal fraud has occurred wouldn't the court have standing to establish the facts of the case?

Obama’s attorneys are essentially admitting that Obama is not a natural born citizen. Well?....What about the millions upon millions of dollars this man took from innocent Americans by claiming that he was eligible when he was not?

65 posted on 09/15/2009 8:32:04 PM PDT by wintertime (People are not stupid! Good ideas win!)
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To: so_real

Yes, the judge is not going to be persuaded with that hollow argument.


66 posted on 09/15/2009 8:32:40 PM PDT by Red Steel
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To: Uncle Sham

The tried and successful ‘no standing’ argument rephrased to fool the California judge. These arrogant bastards really think he’s cowardly enough to slink away at their invitation! I sincerely pray that Judge Carter reads this ridiculous plea fro what it is, an open insult to him and the Constitution ... since when is a criminal exhonerated because you didn’t catch him when he says you had to? I mean, this smacks of ‘uh oh stupid, you didn’t get in under the statute of limitations so you can’t even hear the case, judge pipsqueak.’


67 posted on 09/15/2009 8:32:57 PM PDT by MHGinTN (Dems, believing they cannot be deceived, it is impossible to convince them when they are deceived.)
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To: pissant

This is getting very interesting. If it comes to be that Obama is not a natural born citizen there is going to be Hell to pay from the people regardless of what Congress, the Supreme Court or if any court says otherwise. The Constitution is the basic law of the land.


68 posted on 09/15/2009 8:34:37 PM PDT by Parley Baer
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To: wintertime

As a matter of fact, yes, it is a big "no no" for a civilian to impersonate a military officer (ie. the Commander in Chief). See US. Code Title 18,912. (click) ... Three years in a Federal pokey kind of "no no".


69 posted on 09/15/2009 8:34:57 PM PDT by so_real ( "The Congress of the United States recommends and approves the Holy Bible for use in all schools.")
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To: Uncle Sham

What can our legal system do to Obama if it can be shown that he is a presidential imposter and what can it do those who knowingly supported this conspiracy?


70 posted on 09/15/2009 8:35:04 PM PDT by 353FMG
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To: Nailbiter

ping


71 posted on 09/15/2009 8:35:40 PM PDT by IncPen (The Liberal's Reward is Self-Disgust)
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To: pissant; little jeremiah

Ping!


72 posted on 09/15/2009 8:36:03 PM PDT by Red Steel
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To: Red Steel
Also..If Obama is not a natural born citizen hasn't he taken millions from Americans by fraud? There is far more to this than just occupying the White House or not.
73 posted on 09/15/2009 8:36:15 PM PDT by wintertime (People are not stupid! Good ideas win!)
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Comment #74 Removed by Moderator

To: GOPsterinMA
FYI: List of United States Presidents by date of birth

And since the twelfth President, Zachary Taylor, was born prior to the formation of the United States (b November 24, 1784), it wasn't until after him that all subsequent Presidents were "Born in the USA".

75 posted on 09/15/2009 8:37:18 PM PDT by reg45 (Be calm everyone. The idiot children are in charge!)
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To: wintertime; Uncle Sham
I would also think that being natural born is an intrinsic quality, just as being a black man or white woman is fundamental to one’s being and can not be created by the whim of any legislative body. A thousand Electoral Colleges can vote a person president, but if he is not natural born, he will **always** be a fraud if occupying the White House as president.

Precisely.

Some posters here have erroneously said: "There are only two kinds of citizens: natural-born and naturalized" (and then they often go on to say that born on American soil = citizen at birth = natural born).

They are mistaken.

It is true there are only two kinds of citizens.

However, those two kinds are:

citizen by NATURE (i.e. natural born); and

citizen by STATUTE (this includes naturalized and those "citizens from birth" born on the nation's soil).

A citizen by nature is natural-born, he is undisputedly and undoubtedly a citizen, he needs NO statute of any kind to explain or clarify his citizenship.

It's so simple, and yet so many posters here seem to misunderstand this.

76 posted on 09/15/2009 8:38:25 PM PDT by thecodont
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Ive tried to keep up with Smith (The ebay BC seller)

He is PO’d at Orly over money

does not sound good in Orly Taitzville


77 posted on 09/15/2009 8:39:42 PM PDT by woofie
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To: pissant

Outrageous, but to be expected, since BO and his team are truly running scared.

Yes, they are TERRIFIED.

Justice will prevail.


78 posted on 09/15/2009 8:39:59 PM PDT by thecodont
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To: pissant

So if a man such as Obama commits fraud to gain access to the White House as the most powerful man in the free world (for now), then the courts cannot step in... Am I getting this right?


79 posted on 09/15/2009 8:40:53 PM PDT by Safrguns
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To: MHGinTN
Actually, they admitted that the judge has standing. It is because of the reference to section three of the twentieth amendment wherby "Congress" can validate the "qualifications" of the President elect.

Since they are refering to a provision within the Constitution itself, ANYONE who has taken an oath to "support this Constitution" has the legal standing to challenge whether or not a portion of it is being enforced. Otherwise they would not be obeying their oath. Here is the listing from within the oath itself in Article six:

” The Senators and Representatives before mentioned, and the Members of the several State Legislatures, and all executive and judicial Officers, both of the United States and of the several States, shall be bound by Oath or Affirmation, to support this Constitution; but no religious Test shall ever be required as a Qualification to any Office or public Trust under the United States.”

Judge Carter is among those covered. I hope they pissed him off good!

80 posted on 09/15/2009 8:42:34 PM PDT by Uncle Sham
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