Posted on 07/16/2009 9:30:23 AM PDT by jaxon72
A federal judge this morning dismissed the suit filed here by a U.S. Army reservist who says he shouldn't have to go to Afghanistan because he believes Barack Obama was never eligible to be president.
Judge Clay Land sided with the defense, which claimed in its response to Maj. Stefan Frederick Cook's suit, filed July 8 with the U.S. District Court for the Middle District of Georgia, that Cook’s suit is “moot” in that he already has been told he doesn’t have to go to Afghanistan, so the relief he is seeking has been granted.
"Federal court only has authority of actual cases and controversies," Land said. "The entire action is dismissed for lack of subject matter jurisdiction."
WRONG!
Major Cook **wanted** to serve lawfully. It is his duty to serve lawfully. He plainly stated that this is what he wanted to do! It is also his duty before God to refuse to serve **unlawfully**.
Given the evidence against Obama, the only possible way for Major Cook to serve lawfully was to have his orders clarified in a court! That is why he sued. There was no other option for him if he were to serve lawfully.
Your link goes to the filing, not to the action of the court. The filing means zip, the order or other action of the court, means everything.
Besides, it a district court, whose precedent only holds in that district, IIRC. If higher courts declined to hear any appeals, that carries no weight of precedent either.
Except for the issue of retaliation, by virtue of Defense Security Service "counseling" his employer to in effect fire him, and possibly pulling his clearance to ensure he can't get another job in the same field. Of course since he's an IT guy, he need not work in the defense arena anyway.
They KNOW this is an unresolved issue -- as they tried to water down here:
S. 2128 [108th]: Natural Born Citizen Act
Natural Born Citizen Act Summary
PURPOSE: To define the term “natural born Citizen” as used in the Constitution to include three categories:
(1) Any person born in the United States and subject to the jurisdiction thereof,
(2) Any person born outside the United States to a U.S. citizen parent or parents who are eligible to transmit citizenship, and
(3) Any person adopted by the age of 18 by a U.S. citizen parent or parents who are otherwise eligible to transmit citizenship to a biological child.
This bill is intended to clarify the term and end uncertainty about the eligibility requirements to run for the Office of the Presidency. The definition of this term is an issue that has been debated in legal circles for years and has never been ruled on by the courts. Clarification is needed before this becomes a real issue. Congress should be the institution that defines this term, not the courts.
Congressional Authority:
In the absence of a judicial interpretation of Constitutional language, Congress can express a legislative interpretation of Constitutional terms. A federal court would likely give great deference to Congress’ interpretation. The Congress also has broad authority regarding issues of citizenship. Article 1 Section 8 of the Constitution grants authority to Congress to “establish a uniform rule of naturalization.” Several federal judicial decisions recognize Congress’ plenary powers regarding issues pertaining to citizenship that do not specifically fit under the Fourteenth Amendment. Notably Rogers v. Bellei (401 US 815) and US v. Wong Kim Ark (169 US 649) say that Congress has the power to regulate matters pertaining to citizenship not specifically defined by the Fourteenth Amendment.
In addition, Congress has previously used their naturalization power to define the term “natural born” as used in a statute. In the Naturalization Act of 1790 Congress defined “natural born” to include children born abroad to citizen parents. Although the language was not kept in later naturalization laws, that specific language was not challenged.
Persons Born Outside the United States to Citizen Parents:
This bill clarifies that the term “natural born Citizen” includes children born outside the United States to citizen parents. This provision provides comfort and certainty to members of the American military and foreign services, as well as expatriate families, that their children, too, are eligible to run for president. These children are no less qualified than children born on American soil, and they should not be treated differently. Of course, children born to American citizens abroad would only be eligible to run for president if they satisfied the fourteen year residency requirement in addition to the “natural born” requirement.
Support for the position that the term “natural born Citizen” should include children born outside the United States to citizen parents is particularly well articulated in a law review article by Jill A. Pryor entitled The Natural-Born Citizen Clause and Presidential Eligibility: An Approach for Resolving Two Hundred Years of Uncertainty. This article argues that “any person with a right to American citizenship under the Constitution, laws or treaties of the United States at the time of his or her birth is a natural-born citizen for purposes of presidential eligibility.”
Persons Adopted by Age 18 by a Citizen Parent:
This bill also ensures that children adopted by citizen parents, who are full-fledged members of American families are treated the same as if they were the biological children of American parents born abroad. Under adoption law, adopted children are to be treated as natural issue of their adoptive parents. They are to be accorded the same rights, duties and responsibilities as biological children. They are being raised by Americans in America. Adopted children of American citizens should be allowed the same opportunity as biological children to pursue all their dreams. They should be afforded the chance to give back to this country by serving in its highest office.
Answer: Crickets!
Call him back, Tell his about the fact that according to State’s Registrar, Avlin Obama said that Hawaii never issued a 2007 COLB for Obama and what’s posted online are true forgries.
Impeachment applies to Presidents, not ineligible usurpers. If Obama is not eligible, and it seems more and more likely that he is not, he's not President, and never has been.
This might be a high crime or misdomeaner, although you'd never convince the 'rat Congress, or any of the RINOs who dwell there either. It's certainly not treason (as defined by the Constitution), or bribery. It's not even something he did while President, like diddling the intern(s?) and then lying about it Federal Court.
From the Constitution:
The President, Vice President and all civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors.
I will do that immediately.
I will even send it by snail mail. ( registered)
I think you are on to something. What you said really makes sense about focusing on o’s mother. Is there any one out there that could follow thru with finding out where Stanley Dunham really was on Aug.4, 1961?
Interesting. I hadn’t thought about the adoption case. That would be an example of a kid born abroad to non-citizens and definitely not a citizen at birth later (up to 18 years!) becoming a “natural born” citizen for purposes of presidential eligibility.
Better yet, someone who survived a very nasty wound, such as a double amputee. Someone sent over in the last 6 months, on Barry's watch.
Based on his track record, Barry would probably cancel his VA benefits and take back his prostheses.
But he didn't. So what is your point? Even though he volunteered, he still had orders, issued under the authority of the (alleged) President of the United States in his capacity as Commander in Chief. If 'bammie isn't really President, those orders are were not legitimate, and so Cook was asking for clarification of their, and his, legal status.
"P" in POTUS stands for President, which if he is not a natural born citizen, BHO is not. Thus the impeachment process cannot apply to him. That's not to say that Congress could not suppeana his BC from the state of Hawai`i, and then if he is not eligible, act in some other way on that information. But no 'Rat Congress is going to do that.
That leaves other means to be employed to prove or disprove the possibly, now I'd say "high probability", that he is not eligible.
Perhaps another tact to take would be some GM dealer, or I should say former dealer, take up the issue, and challenge the laws and processes under which GM was taken over by the Goverment on the basis of the legitimacy of the person who signed them not being eligible to the office he occupies. They certainly can show actual harm.
Yes, but his parents were not citizens at the time. Just like Chester Arthur's father was not a citizen at the time he was born. Arthur hid that little tidbit, and it did not come out until well after the single partial term he served as President after Garfield Assassination (by a member of Arthur's faction!).
But if they do, then he, or his legal team, get the right of "Discovery". IOW, then can suppoena BHO's birth certificate, college admissions records, and even passport file.
Ain't gonna happen. Remember BHO doesn't care if are forced to pull out of Afghanistan, Iraq, or Pakistan, in fact he'd love it.
No, not if he really is natural born, or even just native born. A child's citizenship cannot be lost due to the actions of his parent(s).
The federal marshals service is a partial exception, they work for the federal court system. If a federal court were to order Obama to cease and desist acting as President, it would be federal marshals that would serve him with the order, and take the "Long Legged Mack Daddy" (to quote Reverand Manning) into custody if he refused the court's order.
There needs to be a class action suit joined by every person given deployment orders.
jaxon72
Since Jun 10, 2009
Former GM dealers might have standing. They certainly were harmed.
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