I posted this link around midnight at another thread, but didn’t include the critical par. What do y’all think of this point?
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“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
Breathtaking. We’ll see if the Keyes suit (along with others) gain any traction under these circumstances.
Outstanding catch!