Does the Georgia Administrative Procedures Act, Chapter 13 of Title 50, violate the equal protection and due process provisions of either the Federal or State Constitutions? No!
This appeal raises the issue whether the affirmance of a final decision of the Georgia Department of Natural Resources by operation of law is unconstitutional. When construed with the Administrative Procedures Act, OCGA 12-2-1 (c) does not violate the equal protection or due process provisions of either the Federal or State constitutions. We affirm. See NIX v. LONG MOUNTAIN RESOURCES, INC. et al., 262 Ga. 506, 422 S.E.2.d 195
Supreme Court of Georgia
- Bonnie C. Oliver, for appellant.
The Georgia Administrative Procedure Act and OCGA 12-2-1 govern the procedure for judicial review of final Board decisions. See OCGA 50-13-2 (1) (defining agencies covered under the APA). Under the APA, any person who has exhausted administrative remedies is entitled to judicial review. OCGA 50-13-19 (a); see Caldwell v. Bateman, 252 Ga. 144, 147 (50-13-19 (f), (g). “The court, upon request, shall hear oral argument and receive written briefs.” Id. 50-13-19 (g).
Reversal or modification of ruling if ruling violates constitution or statue:
OCGA 50-13-19 (h) provides a court may reverse or modify the agency’s decision only if the “administrative findings, inferences, conclusions, or decisions” violate the constitution or a statute, exceed the agency’s statutory authority, are based on unlawful procedure, are affected by other errors of law, are clearly erroneous, or are arbitrary, capricious, or an abuse of discretion.
BHO has stated in his own writings that his biological father was Kenyan. Even though he is a citizen, he cannot be “natural born”, and therefore he is unqualified to serve as President.
I believe the “official” story is that appearing would take away from his presidential duties-—you know-—like playing golf and fundraising.
Canada Free Press:
(snip)
Who will save Freedom?
A brave few… This is how it was in the beginning, how it has always been and how it will be.
“...Orly Taitz, who has made defending the Constitution and the American way of life a personal ambition, in the absence of any constitutional leadership.”
http://www.canadafreepress.com/index.php/article/12999
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Unfortunately, I’m among those who don’t believe Obama will ever appear in court for this - or for that matter- ever even have to answer for this. If it is locked in to where he can’t get out of it, I watch for some “big event” to happen to take our minds off of it when the media starts covering that 24/7 - like the killing of Bin Laden.
That said, I do admire Taitz’ absolute diligence in this - she has really hung in there. I hope she succeeds.
No, any president would do that. They don't like being told what to do, and they'd invoke separation of powers as much as they could along with executive privilege and anything else their lawyers come up with.
Not to say that he's not a fraud, mind you.
• Remove Zero from the ballot
• Send Holder a copy of the 10th
• Send the Fulton County Sheriff to 1600 Pennsylvania Avenue
• Sit back and LYAO! - I AM!
"Hey! That's my line." Hillary!
Maybe Boehner and Company will step in........NOT!
The headline is misleading. There is no way that Obama will agree to appear.
On the other hand, the courts could conceivably find against him. It’s not a question of throwing him out of office, or anything like that. But they could decide that if he refuses to appear, then he is not eligible to be on the ballot in Georgia.
This is a state decision, not a federal one, although no doubt it could be appealed to the federal courts by Obama’s stooges.
Not sure it matters, since Georgia is unlikely to vote for him anyway. But it could certainly cause him trouble if he is thrown off the ballot OR if he risks appealing.
Three cheers for Orly. A patriot indeed.
I have a feeling Obama will share a similar fate as the Captain of the Costa Concordia.
All those that propelled Obama to his position now see him as a liability to their agenda.
I also think its quite possible Obama will step down allowing Biden to take over and then bringing Hilary up to the VP slot.
By allowing Obama to become just another average person in front of a judge raises many a curious scenario, like will they use a bible or a Koran to swear him in?
And with Obama being a Muslim would he be bound by his faith to tell the truth if he was sworn by a christian bible?
Such a conundrum!
Me thinks Obama will get out of this too....he always does.
BTTT
impeach
jail
throw away the key