Posted on 09/07/2010 3:55:45 PM PDT by FreeAtlanta
A military judge in Maryland has ruled that President Barack Obama's birth certificate is irrelevant in the case of an Army doctor charged with disobeying deployment orders because he doubts Obama's eligibility to be commander in chief.
(Excerpt) Read more at kitv.com ...
Congress is the perp, the judge, the jury and the arresting LEO?
Fortunately, it will be a very different Congress after the first part of November.
That doctrine violates the very explicit intent of the Constitution. By its logic, courts could never challenge the decisions and acts of any legislature or chief exectuive, ALL of whose decisions are fundamentally political. It amounts to judges arbitrarily deciding that they will shirk their dirty when invalidating SOME political decisions, but not others. Not only is it shockingly hypocritical, it's Treason.
Explicit intent? Find for me the passage in the Constitution that explicitly reference "judicial review". Here's a hint - it's not there. The concept of judicial review was created out of whole-cloth by a guy names John Marshall writing the majority opinion in Marbury v. Madison in 1803.
Later Courts - rightly - recognizing the limitations of their scope or power to review, have left to other branches of government certain tasks or procedures that are not dependent on Judicial intervention - the political question doctrine is one such example. We don't want judges deciding that a President - one that was properly elected, properly certified per the Constitution deciding that he's no longer the President. That's NOT what the Framers envisioned. Examining a President after he's been inaugurated is expressly left SOLELY to the Congress per the Constitution and the Judiciary plays NO ROLE in that process (see: Art II, Sec 4)
I think it's a moot point. He has been charged with an act, missing movement, that he has admitted to in multiple media. I know people here want to believe he has a justifiable reason, but no military court is going to accept that. So he's going to be found guilty.
It's an interesting point you raise, however. By Lakin's theory, any order he himself has given since Obama was inaugurated has been unlawful. It's basically self-negation of the armed services, which are established and set up to preclude that outcome, as the judge explained to Lakin's attorney. Non-sequitur is right--whatever one thinks of Lakin's cause, he has chosen the wrong vehicle to try and advance it.
Oh really? I can count on the fingers of one hand (not including thumbs) the number of GOPers who’ve even touched the eligibility issue. I don’t need any fingers to count the number that have stuck with it rather than backing down like cowards.
The GOP is just as indifferent to the Constitution as the dems.
Maybe wishful thinking on my part.
I am hoping new blood will have some courage.
The smoking gun is the feeble effort to ‘bamboozle’ America with the phony birth document (Certification of Live Birth) he put up on his web site. That should have brought an FBI visit for forging a birth certificate.
The Certification of Live Birth form is not definitive.
He and his administration think Americans are idiots. They know that you are waiting for the piss-stream media to tell the truth but it ain’t ever going to happen.
WAKE UP AMERICA
The Certification of Live Birth is the official birth certificate of the state of Hawaii since 2001 and that document contains all the information necessary to establish Article 2, Section 1 birth status.
There is no additional information on a long form Certificate of Live Birth that is relevant to establishing Article 2, Section 1 eligibility. The Constitution does not ask who the birth doctor was or what the child’s parents’ occupations are or how long the newborn was at birth or what the newborn weighed. The Constitution requires a certified document authenticating place of birth and date of birth, ONLY.
“I, Dr. Chiyome Fukino, director of the Hawaii State Department of Health, have seen the ORIGINAL vital records maintained on file by the Hawaii State Department of Health VERIFYING Barack Hussein Obama was BORN IN HAWAII and is a natural-born American citizen. I have nothing further to add to this statement or my original statement issued in October 2008 over eight months ago.”—July 27, 2009
The scanned image of the front side of a birth record on a website is legally irrelevant. If a subpoena is ever issued for Obama’s birth records, it will be a certified copy of the COLB that comes directly from the Hawaii Department of Health with notarized statements of authenticity or deposed testimony taken under oath from the Registrar of Vital Statistics and the Director of Health.
Hope can’t fly in the face of facts; make sure that whoever you vote for is willing to take this on before you cast your vote. Either write and ask them, or see if they’ve taken it on themselves in the media without prompting. Don’t just blindly vote GOP like so many useful idiots who think they’re voting for a conservative party. Good luck!
In my state Art Robinson is running against DeFazio, who’s running for his twentieth something term.
Robinson is a staunch conservative, businessman, homeschooled his children, wrote a homeschool cirriculum - I hope he wins. In my county (where he lives) I see tons of signs and bumper stickers for him. I’m glad to be able to vote for a real conservative.
They probably could get there, if they have the political will to do it.
I assume there could be committee investigations into some issue that would have made the issue relevant and then subpoena the Hawaii documents, or perhaps the selective service or state department (passport) records.
unfortunately, they may decide that the benefit does not outweigh the costs.
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