Posted on 11/23/2010 9:43:51 PM PST by Errant
WASHINGTON – Is this the case that will break the presidential eligibility question wide open?
The Supreme Court conferred today on whether arguments should be heard on the merits of Kerchner v. Obama, a case challenging whether President Barack Obama is qualified to serve as president because he may not be a "natural-born citizen" as required by Article II, Section 1, Clause 5 of the U.S. Constitution.
Unlike other eligibility cases that have reached the Supreme Court, Kerchner vs. Obama focuses on the "Vattel theory," which argues that the writers of the Constitution believed the term "natural-born citizen" to mean a person born in the United States to parents who were both American citizens.
(Excerpt) Read more at wnd.com ...
I certainly feel your children should be eligible to become president since you and your wife are US citizens.
For some reason (perhaps a premonition) the founders put strict requirements based on location of birth. I think it should all be clarified through an Amendment process.
We all know that David Limbaugh did extensive research for his book “Crimes Against Liberty: An Indictment of President Barack Obama.” Rush and David have got to know the truth about whose behind the Fraud and who has been covering it up?
How many politicians and agencies in DC and elsewhere know the truth and have kept it secret and why.
Justice Thomas was “evading” Puerto Rican born Chairman Serrano's presidential eligibility...Obama’s name never came up.
http://www.freerepublic.com/focus/news/2623753/posts?page=101#101
Some birther will type it up shortly.
What is David Limbaugh’s FR handle? My guess is “null and void”?
I know. Theoretically, the universal injury cases get solved politically, but this thing we’re in is an anomaly, a literal coup pulled off as an inside job, with a potential for unstoppable, rapid damage unlike anything the founders could have foreseen. I consider it a bug in the operating system, and if we survive the system crash (and I think we will), we should definitely look into writing a patch for that bug.
I would say they are. But that is a case which is debatable. Obama’s isn’t. He’s not a natural born citizen no matter where he was born.
I think that in your case, a case on the border line of such law, other factors, besides the US citizenship of both might be weighted. Were you stationed overseas short term or long term? Did your children get raised overseas or in America?
Rather than weight such factors, and introduce founded concerns about judicial bias and possible corruption case by case. many would say that to be natural born means both parents, and born in the boundaries of the established nation. I would assent with that harsher interpretation too, but noting that I believe that cases of children born in territories, embassies, or while on foreign travels of less than two years duration, should also be considered as natural born.
I'm *blushing*
Yes, a political minded court, rather than a constitutional, rule of law minded court would rather leave the law to a popular vote.
The Supreme Court has made plenty of decisions in the face of public turmoil and unpopularity in history.
They are either the branch of government that protects the constitution and rule of law in the US or they are another, lessor, rubber stamping branch of government. In that case, we might as well dismiss them and stop the pretend game because we already have the political branch covered.
Nope. The requirements have been written for over two hundred years. There has been ample time for the Democratic Party, Obama, and all of them to read them, research them, and abide by them. Any failure to do so should, by rights, be taken to task to the fullest extent of the law.
Unless of course one of the clerks records the murmur of laughter that permeated the building at the time of denial.
It could be the first time in history of the Court where the denial is ended with "LoL.
It's second meaning is:...to be too difficult, puzzling or baffling for, Example: the flavor evades definition.
Thomas is quite the wordsmith. I suspect he was using the second definition.
Disqualification is not Impeachment.
Correct. The Supreme Court could find him unqualified to hold office. But that would be mere non-binding advice to Congress. Certainly, it would be grounds for impeachment. But it doesn't take grounds for impeachment to remove a president. It takes a majority of the House and two thirds of the Senate. Congress can ignore grounds, or it can remove with inadequate grounds.
On the other hand, SCOTUS finding him unqualified would probably keep him out of the 2012 election. It would also give a boost to the Hildebeest and possibly to glaziers and carpenters in urban
areas.
It didn't. Ford was supposed to bow out and let Rockerfeller take over, Betty put the skids to that, and someone blew a gasket...
Maybe the suit has to be brought as a class action suit to have standing.
I don't think you have an appreciation for how our federal judiciary works. Except in incredibly rare exceptions (and only as prescribed by the Constitution Art III, Sec. II), the Supreme Court is not a trial Court, it's an appellate court. What does that mean? It means they don't issue findings of fact. They review the application of law that is made by a lower court, to include that court's decision to hear or dismiss cases that come before it.
That is what is at stake now. Will the Court affirm the Circuit court's opinion that the trial court did not err when refusing to hear Appuzzo's case. That's it.
Current German law, and the law that existed when my children were born, requires at least one parent to be a German citizen for any children to be eligible for German citizenshp. Not sure what the law would be for children born in the UK, Spain, Portugal, Japan, Italy, etc.
I would not be happy if I found out, that because of my service to my Country, that my children were not considered Natural Born Citizens.
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