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To: Lurking Libertarian
The Department of Justice, under the federal statute. Under the common law rule, it would be the person who would be entitled to the office if the writ were granted (which would be Joe Biden).

So unless a sitting administration asks for it for the new administration before they take office, it will never happen. Both of the ones with the right to request are the ones who would not do it (unless Biden gets the desire to make his boss mad).

It seems to me the Framers created the 18th century version of an MS Windows "security hole". I don't claim to know about Obama's BC, birth location, or eligibility. However, if he secretly isn't truly eligible, he pulled off the biggest con job in history, and he owns the keys preventing discovery to prove the case for the people.

31 posted on 09/16/2009 5:01:55 PM PDT by SteamShovel (When hope trumps reality, there is no hope at all.)
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To: SteamShovel

“I don’t claim to know about Obama’s BC, birth location, or eligibility. However, if he secretly isn’t truly eligible, he pulled off the biggest con job in history, and he owns the keys preventing discovery to prove the case for the people.”

Exactly, now we have to lawfully force him to hand the keys over.


32 posted on 09/16/2009 5:11:06 PM PDT by bauerpauer ("All that is necessary for the triumph of evil is that good men do nothing."-Edmund Burke)
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To: SteamShovel
It seems to me the Framers created the 18th century version of an MS Windows "security hole".

That may be true, and there are legislative fixes available now, even on the state level. (A state could pass a law requiring presentation of a birth certificate to be placed on the ballot).

But, like many issues, the Constitution seems to have assumed that the remedy is in the political process. All it would have taken to get Obama's long-form BC released was one question by McCain in a debate, or by one of Obama's primary opponents in one of their numerous debates. The courts are taking the view that, if neither the candidates, the voting public, the electoral college or the Congress when it certified the election care about this, it is not the role of an unelected judge to throw out the results of an election.

43 posted on 09/17/2009 10:48:49 AM PDT by Lurking Libertarian (Non sub homine, sed sub Deo et lege)
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