IV. DISPOSITION [p.29-30]
Plaintiffs have expressed frustration with the notion that this case could be dismissed on separation of powers, political question, or standing grounds, asserting that these are mere “technicalities” obstructing Plaintiffs from being able to resolve the case on the merits of President Obama’s birth and constitutional qualifications. As the Supreme Court has stated, “It is indeed a singular misconception of the nature and character of our constitutional system of government to suggest that the settled distinction . . . between judicial authority over justiciable controversies and legislative power as to purely political questions tends to destroy the duty of the judiciary in proper cases to enforce the Constitution.” Pacific States Telephone & Telegraph Co. v. Oregon, 223 U.S. 118, 149-150, 32 S. Ct. 224 (1912). Interpreting the Constitution is a serious and crucial task with which the federal courts of this nation have been entrusted under Article III. However, that very same Constitution puts limits on the reach of the federal courts. One of those limits is that the Constitution defines processes through which the President can be removed from office. The Constitution does not include a role for the Court in that process.Plaintiffs have encouraged the Court to ignore these mandates of the Constitution; to disregard the limits on its power put in place by the Constitution; and to effectively overthrow a sitting president who was popularly elected by “We the People”–over sixty-nine million of the people. Plaintiffs have attacked the judiciary, including every prior court that has dismissed their claim, as unpatriotic and even treasonous for refusing to grant their requests and for adhering to the terms of the Constitution which set forth its jurisdiction. Respecting the constitutional role and jurisdiction of this Court is not unpatriotic. Quite the contrary, this Court considers commitment to that constitutional role to be the ultimate reflection of patriotism.
Therefore, for the reasons stated above, Defendants’ Motion to Dismiss is GRANTED.
IT IS SO ORDERED.
DATED: October 29, 2009
_______________________________
DAVID O. CARTER
United States District Judge
The flaw in Judge Carters argument is here:
“..to effectively overthrow a sitting president who was popularly elected by “We the People”–over sixty-nine million of the people..”
At the time of service Obama had not been appointed President, and the number of people voting for him does not matter if he is not a NBC. Grounds for appeal.