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Justices turn aside another challenge over Obama's citizenship
CNN ^ | November 30, 2010 5:29 a.m. EST | By Bill Mears, CNN Supreme Court Producer

Posted on 11/30/2010 2:24:09 PM PST by Behind Liberal Lines

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To: Texas Fossil

In case you flunked English comprehension, every one of my items REDUCE the government intrusion in our lives.

Please do not jump to knee jerk reaction when suggestions are made to change government laws, because some changes actually give us more freedom, such as tax credits.


121 posted on 12/01/2010 2:32:41 PM PST by Undocumented_capitalist (Obama&Pelosi are the killers in chief of the unborn.)
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To: Texas Fossil

Did you even read and understand my post?
I stated we need to REDUCE regulation!

Of course gov’t does not create any jobs. I know better than any one else because I am totally self made financial success, and I did it with zero gov’t help.


122 posted on 12/01/2010 2:35:58 PM PST by Undocumented_capitalist (Obama&Pelosi are the killers in chief of the unborn.)
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To: PghBaldy

Minor vs Happensett( U.S. Supreme Court)”Children of citizens are considered natural born.” The courts already know the Constitutional meaning of Natural Born, that is the reason they will not accept a case against obama. It would remove him from office if it ever got into court. And if the court and congress did not remove obama it could cause a Civil War.


123 posted on 12/01/2010 2:36:32 PM PST by omegadawn (qualified)
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To: omegadawn

Before obama can be declared ineligible to be President, it first has to get into court. No case so far that has been dismissed based on the merits of the case. Therefore you have no basis for your argument. The Indiana case was based on a bad interpretation of the Ark and the Minor cases. It is pure B.S. and has no affect on the Constitution.


There is no Constitutional process to declare a sitting president as “ineligible.” The ONLY Constitutional recourse is to impeach, try, convict and remove a sitting president for high crimes and misdemeanors committed in conjunction with being ineligible and assuming the office fraudulently.

The time to stop someone who is ineligible is BEFORE they assume the office. Either you don’t let an ineligible candidate on the ballot or you don’t certify the electoral college votes of an ineligible President-Elect. As a final recourse, you don’t administer the Oath of Office to a President-Elect who is ineligible.

The Indiana case was adjudicated as a dismissal for failure to state a claim for which relief can be granted. That IS a dismissal based on the merits of a case. The Appeals Court upheld the ruling of the trial court.

The basis of my argument is that there is one more adjudicated lawsuit with a holding that “a person born within the borders of the United States is a ‘natural born citizen’ for Article II, Section I purposes regardless of the citizenship of their parents” than there has been a lawsuit holding that two American citizen parents ARE required in order to qualify as a natural born citizen for Article II, Section 1 purposes. The Ankeny decision adds to the body of case law on this topic. Each judge hearing future cases will decide for themselves whether this case has precedential merit.


124 posted on 12/01/2010 3:55:02 PM PST by jamese777
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To: Behind Liberal Lines
"I realize that I'm about to get flamed but the birthers need to realize that Obama loves this controversy. It distracts from his real flaws (ie, socialist America-hater) and smears the conservative movement as a bunch of conspiracy theorists akin to the 911 truthers."

Nice liberal talking points. We've heard that broken record for over two years now. It's old, and boring.

Founder and Historian David Ramsay Defines Natural Born Citizen in 1789

125 posted on 12/01/2010 4:06:44 PM PST by Godebert
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To: Walts Ice Pick
Actually you are correct and it is the job or obligation of the house the verify the qualifications as in “citizenship” of a president. The constitution has basic requirements for the office of president and being a Natural Born Citizen is one of them. Obamma could be removed from office if found he is not the above. You can bet the money trail coming out of the Soros camp is considerable to keep that from happening.
126 posted on 12/01/2010 5:36:10 PM PST by CowboyConservative
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To: Sherman Logan

You are correct to a degree but the courts are there to uphold the law and the question is can Obamma serve as president if he is not a “natural born ctizen”? The law states he has to be the above! How he won the election means nothing was he qualified to run that means everything.


127 posted on 12/01/2010 5:51:14 PM PST by CowboyConservative
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To: CowboyConservative

All the corrupt bastards are in collusion to keep the truth hidden that Obammy isnt eligible.

The blacks would take to the streets en masse if they even hinted at removing the sockpuppet b/c hes the first “black” president. It would turn the country upside down and blood would flow in the streets.

Not a happy thought.


128 posted on 12/01/2010 9:13:23 PM PST by Gasshog (going to get what all those libs asked for, but its not what they expected.)
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To: Gasshog

Declare the Marxist impostor ineligible and overnight America would be a smouldering ruin. Imagine the Watts riots and amplify them X 1,000,000.

Even the leftist America-haters haven’t quite got the stomach for this possibility because they could not control it. Some may scoff but the risk is too great. We got ourselves into this mess because as a Nation we forsook God.


129 posted on 12/01/2010 9:24:47 PM PST by Gasshog (going to get what all those libs asked for, but its not what they expected.)
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To: noinfringers2
Every government official takes the oath to support and ‘defend’ the Constitutution. Using a cliche, a lot depends on what you mean by ‘defend’. It can be active or passive. To me the higher offices like Congress or Courts demand that the spirit of the Declaration of Independence and the Constitution be carried out in the active mode. Any person in these offices who seeing or knowing of a wide public concern about some possible breach of the Constitution has a moral,ethical and legal obligation of their sworn ‘to defend’ oath to assure the citizens of the USA that the Constitution is wholy preserved from any suspected breach. In this framework of dedication it is apparent that the people occupying these offices, especially the Courts, have failed their oaths.

Then, there are those of us who carry it a little further. *ANYONE*, I repeat, anyone, who seeks to supplant the Constitution with anything else, be it "legal precedent", sharia 'law', 'executive order', or any other thing outside of the plain wording of that document is in effect, waging war upon the United States. The rationale is simply this, the entirety of the nation *is* that document, that unique contract between governing, and governed. And, by the strict definition of said document, waging war on the United States, by waging war on the Constitution, is TREASON...

the infowarrior

130 posted on 12/02/2010 1:00:19 AM PST by infowarrior
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To: jamese777

There is a Constitutional process to remove obama , Congress can void his election and any electoral college votes he received. They would then either call for a new election or certify the next person with the majority of legal votes as
President. I believe that the Democratic leadership knew that obama was ineligible to be President , but protected his campaign because McCain might have defeated Clinton. In my opinion Pelosi and Reid sold out America for their own personal gain. Ask yourself a simple question , If you found out that your doctor did not have a medical degree, would you keep him as your doctor? If he is already doing the “job” there would be no reason to stop using him, right?. We know that obama is not a Natural Born citizen or even if he was born in the U.S. , why would we want to keep him in office?


131 posted on 12/02/2010 6:37:08 AM PST by omegadawn (qualified)
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To: omegadawn

There is a Constitutional process to remove obama , Congress can void his election and any electoral college votes he received. They would then either call for a new election or certify the next person with the majority of legal votes as
President. I believe that the Democratic leadership knew that obama was ineligible to be President , but protected his campaign because McCain might have defeated Clinton. In my opinion Pelosi and Reid sold out America for their own personal gain. Ask yourself a simple question , If you found out that your doctor did not have a medical degree, would you keep him as your doctor? If he is already doing the “job” there would be no reason to stop using him, right?. We know that obama is not a Natural Born citizen or even if he was born in the U.S. , why would we want to keep him in office?


Could you point me to the Article, Section or clause in the Constitution where Congress is given the power to void a national election and invalidate the electoral college votes of the states? I’ve never read that in the Constitution.
Failing to find such wording in the Constitution, could you point me to a Supreme Court decision that upholds the right of Congress to void presidential election results?

I will quote a US District Court Judge on this issue with specific regard to Barack Hussein Obama II: “There may very well be a legitimate role for the judiciary to interpret whether the natural born citizen requirement has been satisfied in the case of a presidential CANDIDATE WHO HAS NOT ALREADY WON THE ELECTION AND TAKEN OFFICE. However, on the day that President Obama took the presidential oath and was sworn in, he became President of the United States. Any removal of him from the presidency must be accompanied through the Constitution’s mechanisms for the removal of a President, either through IMPEACHMENT or the succession process set forth in the TWENTY-FIFTH AMENDMENT.

Plaintiffs attempt to subvert this grant of power to Congress by convincing the Court that it should disregard the constitutional procedures in place for the removal of a sitting president. The process for removal of a sitting president—REMOVAL FOR ANY REASON—is within the province of Congress, not the Courts.” — US District Court Judge David O. Carter.

In addition, for more than a century now the Supreme Court has established the “de facto officer” doctrine which very very clearly states “The defacto officer doctrine confers validity upon acts performed by a person acting under color of official title (Obama was sworn in) EVEN THOUGH IT IS LATER DISCOVERED THAT THE LEGALITY OF THAT PERSON’S APPOINTMENT OR ELECTION TO OFFICE IS DEFICIENT. (Norton v Shelby County, 118 U.S., 425,440) (1886).
“The defacto officer doctrine springs from the fear of the chaos that would result from multiple and repetitious suits challenging every action taken by every official whose claim to office could be open to question, and seeks to protect the public by insuring the orderly functioning of the government despite technical defects in title to office.”

Finally, do you really expect a Harry Reid controlled Senate with two RINOs from Maine and other wishy-washy moderate Republicans in the Senate to agree to void Obama’s election?


132 posted on 12/02/2010 9:24:36 AM PST by jamese777
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To: Behind Liberal Lines
!

133 posted on 12/02/2010 10:41:57 AM PST by skinkinthegrass (Imam Zer0: DeathCARE, Is my only "health" plan....to hell w/ free enterprise system :^)
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To: Behind Liberal Lines
I realize that I'm about to get flamed but the birthers need to realize that Obama loves this controversy.

His summation of the recent election says otherwise. Does 'shellacking' sound like a term of endearment to you??

134 posted on 12/02/2010 12:32:03 PM PST by edge919
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To: edge919

The shellacking came from disgust with his policies, not from the public’s supposed belief in this conspiracy theory.


135 posted on 12/02/2010 3:59:17 PM PST by Behind Liberal Lines
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To: Behind Liberal Lines
As I pointed out a year or more ago, this issue is moot. You could provide a detailed original birth certificate showing Obama was born in Kenya, complete with fingerprints and footprint and blue ink signatures of the doctors, and the courts will simply turn their backs on the issue.

As with the willful and fully admitted blindness of the Senate re: conviction of the Impeached Bill Clinton, the Supreme Court of the United States has decided to be willing to shitcan a relevant and valid provision of the Constitution in the interest of domestic stability.

136 posted on 12/02/2010 5:53:28 PM PST by hinckley buzzard
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To: Walts Ice Pick
Boehner may be afraid to find out the truth

The Ruling Class has decided. They were unwilling to convict an impeached psychopathic rapist, despite a room full of evidence, which most Senators willfully did not investigate.

No one is willing to risk incendiary racial violence in this country. Not Boehner, not SCOTUS, not anybody. The presidential qualifications provision in the Constitution has effectively been nullified.

137 posted on 12/02/2010 6:04:56 PM PST by hinckley buzzard
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To: Behind Liberal Lines
The shellacking came from disgust with his policies, not from the public’s supposed belief in this conspiracy theory.

So if he loves this controversy as you suggested, then you agree that it's counterproductive and counterintuitive for ol' Stitch Lips to care about.

138 posted on 12/02/2010 8:13:50 PM PST by edge919
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To: Behind Liberal Lines

The courts have been bought and sold...


139 posted on 12/02/2010 8:46:13 PM PST by sheik yerbouty ( Make America and the world a jihad free zone!)
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To: Behind Liberal Lines
Is it frivolous to insist that the commander-in-chief who sends you into harm's way be proven to have the authority to do so?

The guy has no documented history. Surely you haven't bought into his "autobiography" account?

140 posted on 12/02/2010 11:44:02 PM PST by taraytarah
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