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Bush v. Gore judge: Your evidence, Mr. Obama
WND ^ | May 31, 2012 | Bob Unruh

Posted on 05/31/2012 6:26:26 PM PDT by Seizethecarp

A hearing has been scheduled in a Florida court to allow attorneys representing the White House to support their claim that the term “natural born citizen” in the U.S. Constitution means something other than the offspring of two American citizens.

Judge Terry Lewis in Leon County has set a hearing for June 18 to consider arguments from both sides of a challenge to Obama’s name on the 2012 state election ballot.

Lewis is credited with making crucial rulings in the contested 2000 presidential election, when ultimately a Florida vote recount was halted by the U.S. Supreme Court and George W. Bush was declared the winner.

Attorney Larry Klayman’s law firm filed the challenge to Obama’s name on the ballot on behalf of Democrat Michael Voeltz, “a registered member of the Democrat Party, voter, and taxpayer in Broward County, who was an eligible elector for the Florida Primary of Jan. 31, 2012.”

Klayman told WND that during a hearing today on discovery issues in the case, Lewis noted that while Klayman’s brief cited a U.S. Supreme Court’s decision defining “natural born citizen” as the offspring of two citizens of the nation, the White House’s arguments provided no citations.

Klayman had cited the U.S. Supreme Court case Minor v. Happersett from 1875.

Lewis ordered further briefing on the issue before the hearing.

(Excerpt) Read more at wnd.com ...


TOPICS: News/Current Events
KEYWORDS: article2section1; ballotchallenge; birthcertificate; certifigate; eligibility; happersett; ineligible; klayman; minor; minorvhappersett; naturalborncitizen; obama; usurper
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To: atc23

I think Joe would consider that a BFD!


41 posted on 05/31/2012 8:25:44 PM PDT by Tucker39 ( Psa 68:19Blessed be the Lord, who daily loadeth us with benefits; even the God of our salvation.KJV)
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To: theBuckwheat

While Marco Rubio was born in the US, but his parents were not naturalized citizens until after his birth, he shares the same disability as Obama. Neither is “natural born”.


42 posted on 05/31/2012 8:25:44 PM PDT by theBuckwheat
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To: TXnMA
One can only hope that Lewis does find him ineligible, and that will be the kick that starts other State SOSes toppling like dominoes! And, then, after the election, (no matter who wins) America will have to face the incomprehensible mess of dealing with the aftermath of four years without a valid President at the helm...

I think that if there was actually a decision on the matter, and I sincerely doubt there will be in my lifetime, that the SCOTUS would rule that the overriding power in the electoral process is the electoral college, and that if they decided after the election to turn around and make a six year old boy the president, it would be valid.

The reasoning would likely center on the checks and balances in place - Congress has the power to remove a sitting president, especially one which does not meet the constitutional requirements to hold the office. This controversy has been around for quite some time, and Congress absolutely had the power to demand any evidence they wanted in verifying Obama's qualifications for office.

So I think, no matter how you cut it, as far as the constitution is concerned, we've had a valid president the entire time. Besides, let's say that a miracle happened, and that the SCOTUS threw out the vote of the electoral college, stating that Obama wasn't qualified to be president, and included throwing out the electors for the vice president... Do you really want to have President Nancy Pelosi for any moment of time?

I'm pretty sure that the SCOTUS, even their most extreme members, don't want to even contemplate that. Visiting a qualification for a ballot, however, and actually ruling on NBC - that I could see them do. Most likely, however, would be that we'd least like to see a ruling from SCOTUS on the issue. If they did bring it into session, it would mean they'd welcome the chance to revisit the old NBC definition, which would most likely be to overturn it.

43 posted on 05/31/2012 8:28:17 PM PDT by kingu (Everything starts with slashing the size and scope of the federal government.)
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To: Seizethecarp

Exposing Obama for the usurper he is, in my opinion, is the only means the GOPe has to successfully weaken the democrats enough to clear a path to victory for their man Romney. And ... as much as I detest Romney's political leanings ... I would not be too disappointed in any outcome in November given that all of Obama's "accomplishments" these years were rendered unconstitutional and legally tossed out with him.


44 posted on 05/31/2012 8:30:01 PM PDT by so_real ( "The Congress of the United States recommends and approves the Holy Bible for use in all schools.")
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To: Red Steel

Lol. I bet they love me to death over there. I had a nice chat w one of them over here the other day. A real moonbat’s moonbat. Upon reflection, I don’t think it was the Ten Miles of Bad Road guy. He was a lot of fun just the same. ;)


45 posted on 05/31/2012 8:32:50 PM PDT by Fantasywriter
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To: theBuckwheat

sfl


46 posted on 05/31/2012 8:39:04 PM PDT by phockthis (http://www.supremelaw.org/fedzone11/index.htm ...)
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To: kingu
If they did bring it into session, it would mean they'd welcome the chance to revisit the old NBC definition, which would most likely be to overturn it.

If by "the old NBC definition" (born of on the soil of the country of parents who are citizens of the country, see Minor v. Happersett 88 U.S. 162 (1874)), what makes you think they would overturn it?

47 posted on 05/31/2012 8:40:06 PM PDT by thecodont
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To: theBuckwheat
“While Marco Rubio was born in the US, but his parents were not naturalized citizens until after his birth, he shares the same disability as Obama. Neither is ‘natural born’.”

Stipulating for the moment that Barry's alleged narrative is true (I doubt it) Barry would have ONE US citizen parent compared to Rubio’s ZERO US citizen parents.

This is a distinction which may or may not amount to a difference, depending on what SCOTUS should rule if a case came to them.

48 posted on 05/31/2012 8:41:37 PM PDT by Seizethecarp
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To: Seizethecarp

there is also this tidbit...

http://travel.state.gov/law/citizenship/citizenship_5199.html

stating citizenship cannot be conveyed by a parent unless that parent was in the US for FIVE(5) years after the age of 14

0bama’s mother was 18 when she gave birth

therefore, the ONLY way 0bama could be a citizen, forget being a natural born citizen, would be if he was born on US soil...

which we have no proof of
(the certificate of live birth has been shown by law enforcement to be a forgery)


49 posted on 05/31/2012 8:50:14 PM PDT by sten (fighting tyranny never goes out of style)
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To: Semper911

‘real news outlets’??

careful, your progressive infiltrator roots are showing

want real news? read free republic. nuf said


50 posted on 05/31/2012 8:52:35 PM PDT by sten (fighting tyranny never goes out of style)
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To: Nip; Rebelbase
On second thought, Leon County IS in the boonies!

Just kidding. I am a retired FL CPA (1985) and have lived off and on in South Florida for a total of ten years (east and west coast) but I admit I have never made it to Tallahassee.

BTW, here is a link to Judge Sauls’ Wakulla County:

http://en.wikipedia.org/wiki/Wakulla_County,_Florida

It is also in the boonies immediately south of Leon County, Population 28,000.

51 posted on 05/31/2012 8:57:00 PM PDT by Seizethecarp
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To: sten
If you read the fine print, if Barry's mom was single (as she would be if her “marriage” was bigamous...which her marriage would be if BHO Sr was still married to Kezia back in Kenya at the time) there was no five year US residency requirement after age 14.

So Barry would be a citizen, but not NBC, if he was born in Kenya and if Stanley Ann was legally single.

A bigamous marriage is a nullity, IIRC, i.e. did not exist.

Note, also, that the BNA of 1948 explicitly excludes Barry from being a UK subject at birth anywhere if he was illegitimate, which he would have been if his parents marriage was bigamous. So no dual US-UK citizenship NBC problem if born in HI, just unitary US citizenship from his legally single mom, IIRC.

Smoke and mirrors as far as the eye can see beginning with no genuine BC submitted to any court under rules of evidence...so no verified parents or birth location!

52 posted on 05/31/2012 9:07:04 PM PDT by Seizethecarp
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To: Seizethecarp

BUMP!


53 posted on 05/31/2012 9:13:37 PM PDT by circumbendibus (Obama is an unconstitutional illegal putative president. Quo Warranto in 2012)
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To: thecodont; Seizethecarp; hoosiermama; null and void; LucyT; butterdezillion; Danae; Spaulding; ...
Taitz in the Indiana case may have scored here against Obama.

Court subpoena.

"Indiana Court Subpoenas Obama To Appear And Show His Papers At Ballot Challenge Hearing? " Source ORYR.






Obama's face twitch may be now going into overdrive like a bobblehead doll. '-)

54 posted on 05/31/2012 9:14:55 PM PDT by Red Steel
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To: Fantasywriter

See post #54 for new info. Taitz may have finally scored on Obama and the Foggers. LoL.


55 posted on 05/31/2012 9:18:51 PM PDT by Red Steel
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To: Red Steel

Thanks for sharing this.

Keep praying!


56 posted on 05/31/2012 9:20:35 PM PDT by thecodont
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To: Red Steel

Would be so proud if one of our Bible bearing, gun toting Hoosier took him down.

He cheated here to get on the ballot. THen he manipulated the law to win the elector vote in the Hoosier state.

Add this to the Notre Dame lawsuit.....Hoosier payback is a 6itch.


57 posted on 05/31/2012 9:25:36 PM PDT by hoosiermama ( Obama: " born in Kenya."..Is he lying now or lying then?)
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To: Seizethecarp

Klayman needs to cite MORE than just Minor v. Happersett. The Wong Kim Ark decision affirmed Minor’s definition of NBC and didn’t use the NBC term to characterize its appellant. Wong Kim Ark affirmed the 14th amendment does NOT define natural-born citizenship.

Further than this, Luria v. United States cites the Minor decision as a legal precedent on defining the eligibility clause as pertaining to “native citizens.” Luria does NOT cite Wong Kim Ark at all on this clause. It means that Minor is THE Supreme Court precedent. The one point, however, that needs to be explained is that Minor defined native citizens the exact same as natural-born citizens: as children born in the country to parents who were its citizens. It also needs to be explained that Minor reviewed ALL other ways to become a citizen, but it only characterized one class of citizens as natural-born.

Some Foggers point to the second class of birth citizenship in Minor, claiming the “doubt” leaves open the question of natural-born citizenship, but this is false. If there was a doubt about such persons being citizens, then resolving that doubt would require making a statutory interpretation that goes beyond the “NATURAL” part of the characterization of natural-born citizenship.

Further yet, Wong Kim Ark resolved the doubt expressed in Minor by affiriming the second class of birth citizens was a completely DIFFERENT class of citizenship than NBC, and that it only applies to the children of resident aliens who must have permanent residence and domicil. Obama’s father was not a resident alien (which is proved by his immigration files) and Obama’s mama’s citizenship is irrelevant under the WKA decision and under the legal precedent in Shanks v. Dupont that says the natural citizenship status of married women is governed by the Law of Nations.

This makes FOUR separate Supreme Court cases that preclude Obama from being Constituonally eligible. There is no higher judicial authority. Obama’s occupation of the White House is a de facto occupation, but is Constitutionally illegitimate. The smartest thing for the court to do is err on the side of the only known Supreme Court precedent, which means vacating Obama from the Florida ballot.


58 posted on 05/31/2012 9:26:15 PM PDT by edge919
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To: edge919

I remember reading his initial court brief not too long ago. I had the same thought that he could have beefed it up a lot more.


59 posted on 05/31/2012 9:30:34 PM PDT by Red Steel
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To: Seizethecarp

In all the cases so far, no court of original jurisdiction has issued a ruling defining the term “Natural Born Citizen”. If this court rules on that specific issue, regardless of whether or not he finds that two citizen parents are required, the basic issue is subject to appeal. It would be better if the original ruling held that two citizen parents were required because Oboma would then have the burden of challenging a legitimate judicial decision. But in either event, if the case can ever be gotten on the appeal track, it will have to be argued on the basis of law, not politics or emotion.

The most important thing is to finally get a decision, one way or the other, on the core issue of what is required to be a “Natural Born Citizen”. While the U.S. Supreme Court is the only entity that can give a final answer to that question, they must have a case on appeal before they can take jurisdiction. Hopefully, this case may finally prove to be that vital first step.


60 posted on 05/31/2012 9:33:54 PM PDT by etcb
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