Posted on 11/14/2008 12:29:37 PM PST by atlbelle44
https://services.saccourt.com/indexsearchnew/CVFLPRDetail.aspx?Details=CV|2008-80000096|keyes|01/01/2008|12/31/2008|FilingDate|Asc|
http://www.soundinvestments.us/files/final_writ_keyes_v_bowen.pdf
Heaven only knows what they might conjure up to besmirch anyone who pursues this.
Section 3. ..... If a President shall not have been chosen before the time fixed for the beginning of his term, or if the President elect shall have failed to qualify, then the Vice President elect shall act as President until a President shall have qualified; and the Congress may by law provide for the case wherein neither a President elect nor a Vice President elect shall have qualified, declaring who shall then act as President, or the manner in which one who is to act shall be selected, and such person shall act accordingly until a President or Vice President shall have qualified.
So, if Obama was deemed as 'not qualified' then Biden would "act as until a President shall have qualified ..."
Very relevant ... I am glad that it does not say Biden 'shall become' !!!!
We all make mistakes. You had good intentions anyhow!
Welcome to FreeRepublic!
Likewise, Gov. Sarah Palin is not a woman.
You have to be a commie to claim minority status.
I think Keyes may have some standing on this. Plus he names all of the electorate’s in the suit as well. Should be interesting to follow. If he doesn’t have standing then who does?
This issue was discussed in detail on the following thread. I am linking one senario and noting a second post of a differing senario. They make for interesting opinions of what might happen but I have no idea how they would play out if it really gets to a court hearing.
Post 202 and then skip down to post 211:
http://www.freerepublic.com/focus/news/2129827/posts?page=202#202
This issue has never been vetted, because it has never come before the courts before.
We assume McCain is okay. That is all we can do.
The Constitution is a non-issue? Has it really come to that?
I agree. He is a good man. He is very passionate about his beliefs and that is what makes some people consider him to be a kook. At least he stands up for what he thinks is right instead of just letting wrong things go on unchallenged. I think he is great.
Until proven otherwise, Bush must assume Obama will be our next president. He’s been cordial with Obama, hoping the media sees that.
Bush is just doing what a decent person would do. Without a ruling, he must proceed.
I like this excerpt from the petition:
“With his action, and in the subsequent appeal to the Supreme Court of the United States, Mr. Berg provided documents to the effect that Senator Obama was born in what is now Kenya (the British East African Protectorate of Zanzibar at the time)
(Huh, Zanzibar?)
and that his paternal grandmother was present at his birth. Senator Obama claims that he was born in Hawaii. According to statements made by his half-sister, Maya Soetoro Ng, he was born in Kapiolani Hospital in Hawaii. According to his biography posted on Wikipedia, Senator Obama was born in Queens Hospital in Hawaii. However, he has never provided the original hospital birth certificate from 1961, with the name of the hospital and the name and the signature of the doctor in attendance. All that Senator Obama has posted on his website is a Registry of Live Birth (short version), obtained in 2007, that does not provide the name of the hospital or the doctor. Clearly, one human being cannot be born in three different places.”
“Clearly, one human being cannot be born in three different places”.....
Heheh.
i hope these cases keep coming. then they cannot be ignored. i hope.
Do you have any of that left that I could store in my freezer? I know some people that I would like to serve it to later?
Omnipresent.
This one names the Secretary of State and 55 Electors.......
An excerpt:
Petitioners Keyes and Drake will be irreparably harmed by being unable to compete in a
fair and unbiased election. Petitioner Robinson will be harmed in that he will not be able to perform his
duties as an Elector in voting for the candidate that is eligible to become the President of the United States
under the law. It is incumbent on SOS to enforce the eligibility requirements.
PRAYER
WHEREFORE, Petitioners respectfully prays:
90. That the court issue a peremptory writ in the first instance barring Respondent Secretary
of State of California, Ms. Bowen, from both certifying to the Governor the names of the California
Electors, and from transmitting to each presidential Elector a Certificate of Election, until such
documentary proof is produced and verified showing that Senator Obama is a “natural born” citizen of the
United States and does not hold citizenship of Indonesia, Kenya or Great Britain. In addition, this writ
requests that the court issue a peremptory writ barring Respondent California Electors from signing the
Certificate of Vote until such documentary proof is produced and verified showing that Senator Obama is
a “natural born” citizen of the United States and does not hold citizenship of Indonesia, Kenya or Great
Britain.
Actually it has. That point is part of this suit. Eldridge Cleaver was excluded from the ballot in CA because he didn't meet the Constitutional criteria.
First, we have no “President Elect” yet.
Second, McCain will wind up being the “qualified” person if Obama loses and if the required 270 electoral votes minimum go to him when the College meets. If it doesn’t get figured out by then, then its possible Democrats are elected and Obama isn’t President Elect and Biden becomes the temporary president until Congress can figure out who should be President.
Yes, all this stuff looks a bit silly, but it is cleared up easily enough by simply producing the necessary documentation.
So, do it, already.
Alan Keyes is fully entitled to his opinion, and he's earned his title as an Ambassador...putting up with all the communist guff in the United Nations that you wouldn't last two seconds with...
And especially Give him credit for not rolling over on the constitution, and letting the Administration and the Secretaries of State blow off their obligations:
Article II, Section I of the United States Constitution, states, in pertinent part, as follows:"No Person except a natural born citizen, or a citizen of the United States at the time of the adoption of this constitution, shall be eligible to the Office of President;"
..."there are a number of separate reasons that would make Senator Obama ineligible to serve as President of the United States. On August 21, 2008, Mr. Phillip J. Berg, former Deputy Attorney General of the State of Pennsylvania, filed a legal action against Senator Obama and the Democratic National Committee. With his action, and in the subsequent appeal to the Supreme Court of the United States, Mr. Berg provided documents to the effect that Senator Obama was born in what is now Kenya (the British East African Protectorate of Zanzibar at the time) and that his paternal grandmother was present at his birth. Senator Obama claims that he was born in Hawaii. According to statements made by his half-sister, Maya Soetoro Ng, he was born in Kapiolani Hospital in Hawaii. According to his biography posted on Wikipedia, Senator Obama was born in Queens Hospital in Hawaii. However, he has never provided the original hospital birth certificate from 1961, with the name of the hospital and the name and the signature of the doctor in attendance. All that Senator Obama has posted on his website is a Registry of Live Birth (short version), obtained in 2007, that does not provide the name of the hospital or the doctor. Clearly, one human being cannot be born in three different places. Hawaii Revised Statute 338-178 allows registration of birth in Hawaii for a child that was born outside of Hawaii to parents who, for a year preceding the child’s birth, claimed Hawaii as their place of residence. The only way to know where Senator Obama was actually born is to view Senator Obama’s original birth certificate from 1961 that shows the name of the hospital and the name and signature of the doctor that delivered him. From August 21, 2008, for over two months, Senator Obama has refused to provide his original birth certificate, even though, in his book, Dreams of My Father, page 26, he states, “… I found the article folded between my birth certificate and old immunization records…” which shows that he clearly has his birth certificate, or that he lied in his book.
Particularly telling is the fact that not one single person has come forward, not a doctor, not a nurse, not a hospital administrator, nor anyone else, to state that he or she was present during this birth, except for Obama's paternal grandmother, who affirmed that she "was in the delivery room in Kenya when he was born Aug. 4, 1961.”
Additionally, when Mr. Berg served subpoenas on the hospitals mentioned above, Senator Obama refused to sign a consent form that would allow the hospitals to release any of his information. Instead, Senator Obama has hired three law firms to defend himself, and has challenged the action by Mr. Berg on a technicality, claiming that an ordinary citizen does not have standing to bring the suit. This matter is currently being reviewed by the U.S. Supreme Court. The parties in this case have standing to bring this litigation, due to the fact that Dr. Keyes and Dr. Drake, Sr., are candidates on the California ballot for President and Vice President of the United States, and Mr. Robinson is an Elector for the Keyes-Drake ticket, and Vice Chairman of America’s Independent Party, of Fenton, Michigan, which nominated Dr. Keyes for President. He is also a Chairman of the American Independent Party (California), which nominated Dr. Keyes and Dr. Drake for President and Vice President, respectively. Based on the foregoing, it is imperative for SOS to be provided proof that Senator Obama is a “natural born” citizen.
If he was born in Hawaii, there are four (4) other obstacles to Senator Obama’s eligibility. In and about 1967, Senator Obama moved to Indonesia, took the last name of his stepfather, Soetoro, and went by the name Barry Soetoro. In original legal action filed by Mr. Berg, he presented Senator Obama’s school registration, showing him registered as Barry Soetoro, Citizenship-Indonesian, Religion Islam, signed by L. Soetoro. From 1945, Indonesia has not allowed dual citizenship and, therefore, Ms. Dunham-Obama-Soetoro, Senator Obama’s mother, had to relinquish her son’s U.S. citizenship in order to obtain Indonesian citizenship for him, which would make him ineligible to become a United States President.
Additionally, the United States could not allow dual citizenship with Indonesia at that time, as Indonesia did not allow dual citizenship, and it was prohibited by the Hague Convention of 1930, as interfering with the internal affairs of another sovereign Country. 81. In addition, upon return to the United States in and around 1971-1972, Senator Obama would have been required to go to the then current immigration procedures to regain his U.S. citizenship.
There is no record of him ever doing that. Even if he had done so, he would be considered a naturalized citizen and not a “natural born” citizen.
Additionally, assuming Senator Obama was born in what is now Kenya, at the time of Senator Obama’s birth in 1961, (now) Kenya was the British Protectorate of Zanzibar and Senator Obama was automatically accorded a form of British citizenship under Section 32(1) of the British Nationality Act of 1948, effective date January 28, 1949, based on his father’s citizenship.
Finally, in 1981, Senator Obama traveled to Pakistan, when there was a ban for U.S. citizens to travel to Pakistan. The only logical possibility for him to do so was by using one of his other passports: Indonesian, Kenyan, or British.
Based on all of the above, it is the duty of the SOS to obtain proper documentation of Senator Obama’s citizenship to confirm his eligibility for the office of the President of the United States.
The attorney who filed this, Gary Kreep, was a friend and client of mine many moons ago. He’s one of the good guys and is not a frivolous man.
I’ve been skeptical of this Birth Certificate issue from the beginning. Not any more!
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