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."
Congress certified the vote count,not his eligibility. For that they were relying on the Secretaries of State of the several states, who in turn were relying on the DNC who in those states where it was required, such as Hawai`i, certified Barry as eligible.
The Constitution declares that:
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;
If someone is not eligible, how can they *be* President?
They can't. The Court's job is, in part, to enforce the Constitution. Congress can only impeach a President, which no one not "eligible to the Office of President, can logically ever be.
Unfortunately the Founders did not imagine someone not eligible being installed in the Office, so they provided no mechanism for removing such a usurper.
He's definitely a citizen, having been born in Louisiana, but he may or may not be a "natural born citizen". The only two instances where that matters, are for eligibility to be President or Vice President. It's not problem for him as governor, nor later would it be a problem should he choose to run for Congress, either the House or the Senate. He could have become a military officer (you have to be a citizen, but naturalized or native born is fine) and risen to Chairman of the Joint Chiefs, and that would be OK under the law and the Constitution.
The latter may have been a "Bridge Too Far". It sets up another suit. Ditto if they pull his clearance.
Sure, he doesn't have right to a clearance, but he does have an interest in having it. Taking it away, without justification is retaliation which is strictly against the law.
Would you say the same if some cannidate were elected and it were proven that she was only 33 years old? The requirement to be 35 or older comes from the very same sentence in the Constitution as the Natural Born Citizen requirement. Or for that matter if he were not a citizen at all, which is a distinct possibility. (Even Senators must be citizens).
I think you got that messed up a little.
It's usually given as "It's not the people who vote that count. It's the people who count the votes."
But that is not quite what Stalin actually is quoted , by one of his secretaries, Boris Bazhanov in Memoirs of Stalin's Former Secretary, as saying, (except in Russian of course).
"You know, comrades, that I think in regard to this: I consider it completely unimportant who in the party will vote, or how; but what is extraordinarily important is this — who will count the votes, and how."
Thank you for the clarification.
I was attempting to make the connection between the vote and what Stalin referred to as the “how” of counting the vote. The census determines districts and, ultimately, the electoral college. These are designed not by actual voters but by a political process determining the weight of the individual’s vote.
Now that 0 has assumed power over the “how” he is in precisely the position Stalin referred to as he who determines how the vote is counted. 0’s mastery of Stalin’s political machinery is obvious by his obvious attempt to control the electorate. If 0 can move quickly it will be impossible to elect conservatives in any significant numbers by the end of 2010.
By his appointment of ever more czars, Congress is discovering that 0 does not need their law making prowess to steer the government. This is a tyrant in the making and we do not have much time left to stop him.
The fact that he refuses to release the BC, like a two-year-old grasping a cookie with a death grip, shows the depth of sociopathic, malignant narcissism. We are seeing the wisdom of the founders. They knew the vital importance of LOYALTY. Because BO has no fealty to this nation OR its founding documents, he also has no loyalty to its citizens who lay their lives on the line every day for his —.
I guess I must have a weird personality. If I were B.O. and my heels were being increasingly nipped at by citizens sniffing out my fraudulent life, I would NOT be able to function. I would be an insomniac, losing weight, and showing stress like you wouldn’t believe. But I’m the type who can’t live with myself until I return the extra 2 cents a cashier gives me. Is he SO confident in his minions that he really doesn’t worry about this issue—it will be “taken care of”?
The bone of contention seems to be defining “natural born”. As far as I am concerned if you are born here that fits the definition.
I would hate to see the courts clogged with the same foolishness should Bobby Jindal become Pres.
Oh, he sure does seem to have a case. Ironic the left is using DOD, their most (or 2nd most) despised federal department/agency, to do its dirty work. It’s unconscionable for a federal agency to threaten an individual citizen and private company in that way. The trashing of Maj. Cook, his family, friends, former employer and basically anyone he’s ever said ‘howdy’ to will commence immediately if it hasn’t already.
It’s not unlike the treatment of the IG that was ‘fired’ for doing his job in exposing illegal use of federal funds by BHO’s friend in Oakland.
These people seem to believe they have the power to do absolutely anything they want, to anyone they want, whenever they want, laws notwithstanding. And, so far, they DO.
Hopefully the rest of the country will wake up and decide we don’t all want to be like Chicago.
What is the process of which you speak and just how would it have prevented the fraud that has been perpetrated?
The process was the election law that was put in after the Hayes-Tilden election of 1876. Senators and Congressmen have the right to challenge electorial slates for any reason. If they felt that 0bama was not qualified to be president they could have raised objections. No one did.
And exactly how would any of them known of the fraud that he was perpetrating, given the amount of lying and covering up for him that was going on? You have not pointed to a remedy under the particular circumstances of the case that existed in the process itself as of last year. And where do you get the notion that such a legislative procedure is a bar to access to the courts to correct fraud? I don’t find that in the Constitution.
BTW, I read on another thread that Major Cook's suit has now been joined by two other military types....one active officer and one retired officer if I recall correctly.
This will not be going away.....squelch one plaintiff and others pop up and will continue to pop.
Pop will go the Weasel !
Leni
BTTT
“I would hate to see the courts clogged with the
same foolishness should Bobby Jindal become Pres.”
-
Jindal is not eligible.
He was born in the US. Why isn’t he eligible?
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