Posted on 11/14/2008 7:05:09 PM PST by solfour
The California secretary of state should refuse to allow the state's 55 Electoral College votes to be cast in the 2008 presidential election until President-elect Barack Obama verifies his eligibility to hold the office, alleges a California court petition filed on behalf of former presidential candidate Alan Keyes and others.
The legal action today is just the latest is a series of challenges, some of which have gone as high as the U.S. Supreme Court, over the issue of Obama's status as a "natural-born citizen," a requirement set by the U.S. Constitution.
WND senior reporter Jerome Corsi even traveled to Kenya and Hawaii prior to the election to investigate issues surrounding Obama's birth. But his research and discoveries only raised more questions.
The biggest question is why Obama, if a Hawaii birth certificate exists, simply hasn't ordered it made available to settle the rumors.
(Excerpt) Read more at worldnetdaily.com ...
No, they didn't. The media represented it that way, but that isn't what they "verified."
Statement of Hawaii Department of Health Director Dr. Chiyome Fukino, 10/31/08:
"Therefore, I as Director of Health for the State of Hawai'i, along with the Registrar of Vital Statistics who has statutory authority to oversee and maintain these type of vital records, have personally seen and verified that the Hawai'i State Department of Health has Sen. Obama's original birth certificate on record in accordance with state policies and procedures."
Link to official Hawaii Department of Health news release dated October 31, 2008
To clarify, this statement says nothing about the legitimacy of the COLB image posted on the internet; it says nothing about the photos posted on FactCheck, and it says nothing about the nature of the information on the "orginal birth certificate" on record in Hawaii. It simply says "the Hawai'i State Department of Health has Sen. Obama's original birth certificate on record in accordance with state policies and procedures." Period.
As has been repeated here and elsewhere, Hawaii law allows the birth in another State or another country to be registered in Hawaii, provided the parents have been residents of Hawaii for one year prior to the birth. In that case, the actual state or country of birth is noted on the original certificate, but would not appear on the computer generated COLB.
I posted this link around midnight at another thread, but didn’t include the critical par. What do y’all think of this point?
~~~~
“And there is no federal cause of action under Article II.
However, there certainly is a cause of action under 42 U.S.C. §1983 for soldiers who would be compelled to engage in conduct that could result in execution, deprived of due process of law because their Commander in Chief is ineligible for office.
42 U.S.C. §1983 states
Every person who, under color of any statute, ordinance, regulation, custom or usage of any State . . . , subjects, or causes to be subjected, any citizen of the United States or any other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law ….
“In order to bring action under §1983, one must allege that defendant violated plaintiff‘s constitutional rights and the deprivation must have been committed by a person acting under color of state law.
Barna v. City of Perth Amboy, 42 F.3d 809, 816 (3rd Cir. 1994). Under the definition of acting under state law, the defendant in a §1983 action must have exercised power ”possessed by virtue of state law and made possible only because the wrongdoer is clothed with the authority of state law.“ West v. Atkins, 487 U.S. 42, 49 (1988) (quoting U.S. v. Classic, 313 U.S. 299, 326 (1941)).
And there is a cause of action under that same law for all of the families of all of those members of the armed forces, including National Guard members who would be deprived of their loved ones under such a scheme.
In conclusion, no one has verified Presidential candidate Barack Obama is a natural born citizen as required by the U.S. Constitution.
Yet the Electoral College is poised to cast their votes for him on December 15.
Given the complicated legal and documentary analysis required to establish his eligibility, what is needed immediately is a full airing of his legal status in federal court.
This means filing a suit that would survive a challenge to standing. And given the recent pronouncements by the court in the several cases now pending, Plaintiffs who could establish standing necessary to force this inquiry are members of the military or National Guard scheduled for deployment or about to be scheduled for deployment to a combat zone; and members of their families.”
Thank you, STARWISE.
Ping to 1663.
http://www.freerepublic.com/focus/news/2132471/posts?page=1663#1663
I wonder, now that Obama has dip dunked some secret files how safe it would be to cut the guy loose if he was born outside the US. Of course it would be equally creepy having a president that scammed so many sheeple.
Ping to #1663
I have a .pdf copy of his fathers thoughts about this from 1965 in the East Africa Journal, entitled “Problems Facing Our Socialism”.
In that article he stated “Certainly there is no limit to taxation if the benefit derived from public services by society measure up to the cost in taxation which they have to pay”
“Theoretically, there is nothing that can stop the government from taxing 100 per cent of income so long as the people get benefits from the government commensureate with their income which is taxed”
(note spelling in the quotes is how it was written by BO Sr.)
I think this language is past Marxism. This is the reason that BO Sr. lost his job, ruined his career, and decended into alcholism. He wanted to align Kenya with the Soviets.
41 posted on Saturday, November 15, 2008 5:27:52 AM by Texas Fossil
If the Supreme Court doesn’t stop him though, he’ll appoint far left judges and the citizenship requirement will never be heeded.
So will the Supreme Court chose Hope or will they chose Duty?
The short form COLB says on it: “This copy serves as prima facie evidence of the fact of birth in any court proceeding.”
Obama’s short form COLB says that he was born in Honolulu, in the County of Honolulu, on the Island of Oahu at 7:24 PM on August 4, 1961.
The short form is an abridged version of the vault copy.
According to Hawaii statutes, he need not present any further documentation of birth.
There is no existant federal statute which requires a citizen to produce the vault copy of their birth certificate as opposed to the short form in order to verify “natural born” status.
I did some research and found that the birth announcements (there are two in different Honolulu papers) were not submitted by individuals, rather they were gathered by the paper at the vital records bureau and then printed.
The reason I mentioned Berg is because he is a reason I am suspicious of this whole thing. He has analyzed the birth certificate and found it to be a forgery. He brought the law suit. He was, and I guess still is, a Hillary supporter, leading me to question whether he wanted the truth or just did all this to throw her a hail mary pass at the end of the campaign.
Your last line hits it head on. The one legitimate argument here is that O should release his long form bc. I’m still checking around so see if there is any reason why he cannot, though one would assume as president, he could. Then again, if there is some sort of Hawaiian law, I REALLY don’t want to see the precedent of the executive branch overriding a state law.
One bit of info I have turned up: The birth announcement in the paper was not submitted by the family. There are two, and in 1961 the papers would gather births, deaths and divorces from the bureau of vital statistics then print them in the Sunday paper.
I am not repeating falsehoods—none of this has been proven either way. There is a lot of speculation and spin, along with facts, but much is still open to interpretation. I do agree with all here that the release of the long bc would go a long way towards untangling all this.
There's no existent federal statute which specifically requires a citizen to produce any copy of their birth certificate to qualify for President, unfortunately.
But that wasn't your original argument.
You stated that Hawaii officials had verified the validity of the COLB that he has thus far presented as a digitized image on the web, and to a few employees of FactCheck who aren't document experts.
The Hawaii DOH officials didn't verify that COLB.
I was incorrect in stating that the place of birth wouldn't appear on the COLB, but since no experts (including the officials of the Hawaii DOH) have examined the COLB he's presented, we don't know if it's authentic.
It would be very simple for Obama to let that happen, but he hasn't. Thus the lawsuits, and the controversy.
Good point. You're probably correct. But still, if this knowledge should come out, I think the damage done to Obama's image would offset any potential benefit.
After all, the legacy media have carefully nutured the myth -- so well articulated in the ghost-written "Dreams of my Father" -- that Big 0 is grandson to a Kenyan goat herder.
This myth is an integral part of his "romantic" appeal to the misty-minded and foggy-eyed pseudo-intellects who comprise the chattering classes both in the USA and in Europe. And without their enthusiastic support, Big 0 will probably make his journey to the dustbin of history even faster than otherwise will inevitably happen!
Yeah, Obama is black ‘lite’.
My position: Obama was born in Hawaii in 1961, making him a natural born citizen.
There is evidence here asserting the contrary. I have weighed it, and do not feel it is factual.
However, I am fascinated by this case and continue to research the various points brought up. I will not blindly agree with what is stated here without doing my own research and I would assume all of you would wish do the same.
I do not choose to be strident or rude in my dealing on this forum. All of us are worthy of a certain amount of respect, regardless of political opinion. If you call that passive aggressive, so be it, it is not intended as such.
I’m still trying to name one Republican who could be a conservative leader & represent us and our principles. I think of Duncan Hunter or Ron Paul ...Hunter’s son was elected to Congress and he will be swimming in those shark infested waters, Dems the sharks, Repubs the lemmings.
>>>Maybe; but the point you are missing is they are connected. The people that ran the brothels were funneling monies to ACORN affiliates. DOJ dismissed the only publicly named client. A high placed polititician at that.<<<
Un-freaking-believable.
There is no rule of law whatsoever. We are now officially a third world hellhole.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.