Posted on 10/30/2009 3:00:46 PM PDT by Uncle Sham
Since it appears that the judicial branch is intent on abandoning it's duty to uphold the Constitution, perhaps it's time for the states themselves to individually pass legislation that will protect their citizens from the actions of anyone who illegally occupies the Oval office.
There is nothing to prevent a state from passing a law requiring that the President must file his PROOF of meeting eligibility requirements with the state and that such a filing is open to public challenge in court.
Such a law could stipulate that any legislation signed by a President who refuses or is unable to meet this requirement to file shall be declared null and void within the borders of the state. No orders affecting any of the states citizens from such a usurper would have legal standing within the borders of the state. In addition, the act could command all legislators at the national level to institute whatever legal mechanism is required to challenge the standing of such a usurper.
It seems to me, any state-passed law that ENFORCES the Constitution would be judged as "Constitutional". Perhaps this can be done through a ballot initiative if the legislators refuse to look into it. We do not have to WAIT until the next Presidential election to handcuff a possible usurper. This can be done NOW and immediately protect a state's citizens from having to live with ILLEGALLY made legislation or orders.
Try to find a state that hasn’t sold thier soul to these marxists in Washington by accepting stimulous monies.
You’re thinking along the right lines, but the state legislators are politicians, and they have all proven to be craven cowards on this issue. We should push them hard, but not rely on them. Every Freeper should know the state laws for ballot certification and be ready to sue before 2012 conventions. Lawsuits in every state!!
A hundred years from now, this era will be written up in American history books as a period of unparallelled self-indulgence, intellectual weakness, and personal and political dishonesty.
Unfortunately, at the rate - and in the direction - the nation is going, those books will be written in Chinese.
Actually, it would only take a few states to do this in order to make sure a candidate was qualified. Any candidate that failed to register in even one state would be drummed out of the election process.
It only needs three or four states to pass this type of legislation to make it effective nationally. No National candidate is going to forsake running in a state that he ( or She) might win.
This legislation can be passed NOW and apply NOW to any and all acts by a "potential" usurper. It doesn't have to wait until an election cycle.
You don’t have to go that far... All we have to do is have a couple of States pass a law that forces anyone applying to be on the ballot for elective office to prove that they are qualified to hold the office. If they do not prove that, then the state does not put them on the ballot. If California, or New York, or Texas or a couple of other states did that, game over. No one could be elected without these few states having them on the ballot.
Absolutely true as well as provide instant "standing" to any resident of the state to challenge legality of potential usurper.
I say pass this now and have it apply now. If the present person in the Oval office is legal, he shouldn’t have any problems with such legislation, nor should his supporters.
The Statute would have to carefully define the form of proof otherwise we would have endless litigation about whether a “Certificate of Live Birth” was actually proof. In effect it would be necessary for the candidate to waive all rights to privacy regarding the documentation only thus could you ensure that there were no games being played.
Just guessing but I doubt we could get Jenny Granholm to support it.
If such a law was passed it would be important to get a “Strawman” to start the litigation immediately, otherwise the 2012 election would just start the process and it would take 2-3 years to wend its way though the state courts and the US Supreme Court.
This idea is complete nonsense. No conservative or libertarian candidate will get on a ballot in any presently blue state in time for an election because their “evidence” of eligibility will be challenged by the left wing equivalents of the present “birther” crowd in the state courts and tied up there for months. The same will be true for liberal candidates in red states.
I’m becoming increasingly convinced that this whole birther thing is just anarchism/nihilism masquerading as patriotism in order to destroy this country from within.
Many states have a petition process. We should force the issue through petition processes.
Best idea I’ve heard in a long time. The Feds, in any branch of government, won’t do anything, maybe the states can.
It doesn’t apply to “candidates” for President. It applies to “usurpers” who happen to sneak through to the Oval office when Congress FAILS to ENFORCE section three of the Twentieth amendment. If the President is a legal one, he should have no problem providing PROOF to EVERY state that ask for it.
And if the "states" won't, the PEOPLE can through ballot initiatives.
Do you understand ANYTHING about how the court system works?
You know, ideas like yours, if they got any broad publicity, would loose more votes for us that Obama’s policies loose for the left. Face it, what you are proposing will shut down our electoral system. Is that what you want? That’s what it looks like.
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