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CA state appeals court throws out Keyes vs. Bowen - claims SoS & electors had no duty to vet Obama
AIPNews.com | Oct. 26, 2010 | Tom Hoefling

Posted on 10/26/2010 8:51:13 AM PDT by EternalVigilance

The AIP response to press inquiries this morning:

"We have always maintained that the burden of proof that he possesses the constitutionally required credentials to serve as President rests squarely on Mr. Obama and no one else. For a mere ten dollars, with Barack Obama's assent, the State of Hawaii can and will provide the American people with a copy of his actual long form birth certificate. The fact that Mr. Obama continues to be willing to expend large sums of money, including precious taxpayers' dollars, to prevent the public revelation of such a simple document, has raised serious legitimate questions in the minds of millions of Americans about his qualifications. This is extremely unhealthy for the country, and for the Presidency, to say the least. That's why we applaud the efforts of Alan Keyes and other America's Independent Party leaders in their persistent demand that Barack Obama produce the necessary documents to clear these questions from the public docket, and fervently hope that they will appeal this unwise decision by this particular court."
 
Tom Hoefling
Chairman, America's Independent Party
 
tomhoefling@gmail.com 

 


TOPICS: Constitution/Conservatism; Front Page News; US: California
KEYWORDS: certifigate; keyes; naturalborncitizen; obama
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Read the written decision HERE.
1 posted on 10/26/2010 8:51:20 AM PDT by EternalVigilance
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To: All

Sorry, forgot the live link:

http://www.aipnews.com/talk/forums/thread-view.asp?tid=17635&posts=1#M45156


2 posted on 10/26/2010 8:52:21 AM PDT by EternalVigilance (The Democrat Party is a vast criminal enterprise. And most Republican leaders are accomplices.)
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To: EternalVigilance
We have standing to prosecute obama after he leaves office and the dims are out of power. He is only above the law as long as he is the president... not supposed to be that way... but that is reality.

LLS

3 posted on 10/26/2010 8:54:54 AM PDT by LibLieSlayer (WOLVERINES!)
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To: EternalVigilance

Another corrupt “official” of the court protecting Washington crime and fraud.


4 posted on 10/26/2010 8:56:14 AM PDT by EagleUSA
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To: All
This appeal concerns the sufficiency of a petition for writ of mandate filed by what have come to be known as "Birthers," people who claim President Barak Obama is not a natural born citizen of the United States of America and, hence, is ineligible to be the President.

The first paragraph of the decision is not only derogatory, it is patently false, I believe.

Alan Keyes has never to my knowledge made the claim that the court asserts. He has not said that Obama is not a natural born citizen. He has said from the beginning that unless we see the proof, we cannot know. Big difference.

5 posted on 10/26/2010 8:58:20 AM PDT by EternalVigilance (The Democrat Party is a vast criminal enterprise. And most Republican leaders are accomplices.)
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To: LucyT; rxsid; STARWISE
Another “suspicious decision” punting it to the SCOTUS.
6 posted on 10/26/2010 8:58:42 AM PDT by hoosiermama (ONLY DEAD FISH GO WITH THE FLOW.......I am swimming with Sarahcudah! Sarah has read the tealeaves.)
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To: LibLieSlayer
When Obama leaves office he still gets various benefits ~ medical care, retirement, office space, staff, etc.

The NEXT ADMINISTRATION will be legally responsible for providing those things to him.

Obviously if he never qualified to be President he would not qualify for the retirement benefits. Seems to me the NEXT ADMINISTRATION could deny those benefits unless/until there's proof in hand that he qualifies for them.

7 posted on 10/26/2010 9:02:24 AM PDT by muawiyah ("GIT OUT THE WAY" The Republicans are coming)
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To: EternalVigilance

The kicker: “Any investigation of eligibility is best left to each party, which presumably will conduct the appropriate background check or risk that its nominee’s election will be derailed by an objection in Congress, which is authorized to entertain and resolve the validity of objections following the submission of the electoral votes.”


8 posted on 10/26/2010 9:04:45 AM PDT by piytar (There is evil. There is no such thing as moderate evil. Never forget.)
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To: EternalVigilance

If it only takes a man’s word that he is eligible for President...

then why not use that same litmus for welfare, voting, drivers license, gun permit, etc...

BTW...who is dumb enough to take a politicians word anyway?


9 posted on 10/26/2010 9:04:59 AM PDT by surfer (To err is human, to really foul things up takes a Democrat, don't expect the GOP to have the answer!)
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To: EternalVigilance
[Frank Murkowswki appointed] Judge orders borough to release U.S. Senate candidate Miller's records

But the records won't be released until at least Tuesday afternoon. Burbank has given Miller until then to decide whether to appeal the decision to the Alaska Supreme Court.

"Individuals who run for office expect that their past will be researched and revealed, and therefore, lose their previously held expectations of privacy," Burbank said.

Sure wish the courts could get their requirements and ruling consistent. sheesh.

10 posted on 10/26/2010 9:04:59 AM PDT by EBH (We have lost our heritage of "making money.")
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To: EagleUSA
WorldNetDaily.com

© 2008 

Alan Keyes 

Posted: December 04, 2008
1:00 am Eastern

The events that mark the end of one form of government and the beginning of another are more easily perceived and understood in the aftermath than by those caught up in the events and circumstances that constitute the transformation. The passions and affections of the moment interfere with the detachment that makes it possible for the mind to see the true significance of issues and decisions. Some things that seem large and momentous are in fact the exaggerated mirages of transient passion; others dismissed as sideshows will be seen in retrospect as crucial to the main event.

At the moment, these different possibilities may be ascribed to the same occurrence. A great storm of interest and celebration rages at the prospect of the first "African-American" president, and the supposed implications of his election as a breakthrough in the history of "race" relations in the United States. Yet, because it centers on a man who has in his background and character no ties to the actual people and events of that history, historians will have to look elsewhere for the event that truly represents the denouement of the story whose greatest turning point remains the first American Civil War. By contrast, scant attention is being paid to the unfolding constitutional drama, also connected with his inauthentic personal history, even though it clearly represents a potentially fatal crisis for the regime of constitutional, democratic self-government that has heretofore determined the government of the United States.

Until now, the government of the United States has been a constitutional republic based on the sovereignty of the people. The Constitution of the United States, as the ultimate and permanent expression of that sovereignty, has been respected as the Supreme Law of the Land. Some people, myself included, would certainly argue that in some matters this respect has been a merely formal camouflage for actions and decisions that contradict, embroider or simply ignore the plain text of the Constitution, but until now this has been done with arguments (however groundless and illogical) that formally preserve its authority.

Now a question has arisen with respect to what may be in a practical sense the most critical allocation of power in the Constitution, that of the president of the United States. Though by election that power is in the gift of the American people, the Constitution clearly imposes two restrictions or conditions upon it. It cannot be extended to someone under 35 years of age. It cannot be given to anyone who is not a natural born citizen of the United States.

Evidence has emerged, including recorded statements by his Kenyan grandmother, that raise doubts as to whether Barack Obama is in fact a natural born U.S. citizen, eligible to be president. Whatever the facts are, there can be no doubt of the constitutional requirement, and no doubt that a conscious decision to ignore it involves open and destructive disregard for the Constitution's authority. If Obama is accepted as president of the United States in a context that sets aside the Constitution of the United States, by what authority will he govern?

Read more...


 


11 posted on 10/26/2010 9:08:43 AM PDT by EternalVigilance (The Democrat Party is a vast criminal enterprise. And most Republican leaders are accomplices.)
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To: piytar

Ain’t that sumpthin’?


12 posted on 10/26/2010 9:10:09 AM PDT by EternalVigilance (The Democrat Party is a vast criminal enterprise. And most Republican leaders are accomplices.)
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To: EternalVigilance
And that is why I am a Birther ... no one has standing, no one has a duty to take notice of the Constitutional requirement. I don't KNOW if he is a natural born citizen or not (but I have an opinion). The trouble is that I CAN'T KNOW because millions of dollars are spent to block a $10 document that should be public information. It is certainly more important than Miller's employment records. Contrast the media's frenzy at that anal examination against their complete lack of interest in the CV of the President. Why wouldn't you question that?

And here's the new approach that I pray gains traction. Using the "Miller" decision, that the public vetting of a Senatorial candidate outweighs his claim to privacy, then does that not apply in spades to the office of POTUS??? SO ... can an Alaskan voter file suit in Alaska to make the information public? Yes, I know it is a state court and Alaskan authorities do not control the documentation BUT ... once the Supreme Court of Alaska upholds the application of the "Miller principle" then the SecState of Alaska should have a bona fide right under Hawaiian law to request a certified copy of the long form birth certificate. Once that wall is breached, the floodgates will open.

13 posted on 10/26/2010 9:11:02 AM PDT by NonValueAdded ("It's amazing, A man who has such large ears could be so tone deaf" Rush Limbaugh 9/8/10)
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To: EternalVigilance
First, I agree with you about the opening paragraph.

But, this decision may be sensible, as the Congress during its 2009 Joint Session was most clearly charged as the ultimate guardian of our Constitution (see 3 USC 15):

Were the courts of 50 states at liberty to issue injunctions restricting certification of duly-elected presidential electors, the result could be conflicting rulings and delayed transition of power in derogation of statutory and constitutional deadlines.
Any investigation of eligibility is best left to each party, which presumably will conduct the appropriate background check or risk that its nominee's election will be derailed by an objection in Congress, which is authorized to entertain and resolve the validity of objections following the submission of the electoral votes,
(emphasis added).

14 posted on 10/26/2010 9:14:09 AM PDT by frog in a pot (Wake up America! You are losing the war against your families and your Constitution!)
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To: EternalVigilance; Fred Nerks; null and void; stockpirate; george76; PhilDragoo; Candor7; rxsid; ...
Photobucket
15 posted on 10/26/2010 9:14:52 AM PDT by null and void (We are now in day 643 of our national holiday from reality. - 0bama really isn't one of US.)
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To: muawiyah
Obviously if he never qualified to be President he would not qualify for the retirement benefits.

Too say nothing of the multiple criminal election fraud charges he should face

16 posted on 10/26/2010 9:19:51 AM PDT by frog in a pot (Wake up America! You are losing the war against your families and your Constitution!)
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To: EternalVigilance
"Alan Keyes has never to my knowledge made the claim that the court asserts. He has not said that Obama is not a natural born citizen. He has said from the beginning that unless we see the proof, we cannot know. Big difference."

Courts aren't in business to answer questions you'd like to know. They are not detective agencies.

17 posted on 10/26/2010 9:25:18 AM PDT by mlo
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To: frog in a pot

Next thing you know he’d be needing to move into that shack with his poorer brother in a Kenyan slum.


18 posted on 10/26/2010 9:26:41 AM PDT by muawiyah ("GIT OUT THE WAY" The Republicans are coming)
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To: frog in a pot
the Congress during its 2009 Joint Session was most clearly charged as the ultimate guardian of our Constitution

One officer of government's failure in their constitutional duties, or the failure of one group of constitutional officers, does not in any way excuse any other officer or group of officers from the discharge of their own sworn duties.

By the way, the California Secretary of State has removed at least one presidential candidate, Eldridge Cleaver, from the ballot before because he did not meet the Constitutional requirements. I believe it was in 1968.

19 posted on 10/26/2010 9:27:51 AM PDT by EternalVigilance (The Democrat Party is a vast criminal enterprise. And most Republican leaders are accomplices.)
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To: EagleUSA

“Another corrupt “official” of the court protecting Washington crime and fraud.”

During the Terror of the French Revolution, approximately 60% of captured aristocrats were executed. Approximately 80% of the Old Regime’s judiciary was executed.

Just some interesting statistics.


20 posted on 10/26/2010 9:28:00 AM PDT by Psalm 144
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