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Judge Carter Ruling on MTD
scribd ^ | 10/29/09 | Judge Carter

Posted on 10/29/2009 10:19:10 AM PDT by Elderberry

Judge Carter Ruling on MTD


TOPICS: Government; News/Current Events; Politics/Elections
KEYWORDS: article2section1; birthcertificate; birthers; carter; certifigate; naturalborncitizen; nbc; obama; obamaisfafraud; obamathugs; orly; orlytaitz; romney4obama; romneyantigop; romneybotshere; romneybotsvsbirthers
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To: OldDeckHand

HTTP://WWW.OATHKEEPERS.ORG


461 posted on 10/29/2009 4:44:06 PM PDT by stockpirate ("if my thought-dreams could be seen. They'd probably put my head in a guillotine" Dylan)
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To: El Gato
Actually, yes.

Hit post a little to quickly. I actually misread "Challenge *who is* the President" as "Challenge the President". Still it's close, they got to challenge the power of Congress and the President to hold them without charges. They got access to the courts, so yes, they had standing in the courts but their case did not address the eligibility of President Bush.

That had already been settled in Gore V. Bush. ;-)

462 posted on 10/29/2009 4:44:46 PM PDT by El Gato ("The Second Amendment is the RESET button of the United States Constitution." -- Doug McKay)
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To: LibertyRocks
Actually as far as any candidate with their name on enough ballots to POSSIBLY win would make sense, would it not? If the courts uphold the “only candidates have standing” premise, then LL would be right that the courts would most likely make the distinction as well that only candidates with their name on the ballot in enough states to win in the Electoral College would have standing...

As Judge Carter pointed out, winning is often not the objective of many 3rd party candidates. Sometimes just getting enough votes in a few swing states is enough to change the outcome, even though not enough to win even one of those states.

463 posted on 10/29/2009 4:49:33 PM PDT by El Gato ("The Second Amendment is the RESET button of the United States Constitution." -- Doug McKay)
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To: BigGuy22
My point was that if an official Hawaiian Birth Certificate was ever requested as evidence, a Certification of Live Birth would be sufficient.

Evidence of what? The COLB is only prima facia (meaning at first impression) evidence of the information on it. Not everthing needed is on it. Plus, it only reflects what is in the state's database, and is still subject to challenge of that information, if there is any evidence or reason to believe that the information is incorrect or the original documents fraudulently filed. If this were a simple case of some person wishing to be recognized as a citizen, say for entry into the US, it would not take much contrary information to get the original documents, or certifed copies thereof, produced by the state which held them.

Even the long form might not be sufficient in an of itself. For example, while the long form shows the birthplace of the parents, it does not show their citizenship at the time the child was born. That might be a key piece of information in proving or disproving a case. If so, other documents would be required to prove what the parents citizenship was at the time of birth.

464 posted on 10/29/2009 4:56:05 PM PDT by El Gato ("The Second Amendment is the RESET button of the United States Constitution." -- Doug McKay)
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To: Kevmo

Oh yeah, that’s it. The mod had a thread about it.


465 posted on 10/29/2009 4:57:21 PM PDT by Freedom2specul8 (I am Jim Thompson............................Please pray for our troops....)
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To: Elderberry

Let’s play a hypothetical. Play along with me on this one.

A President and Vice President are killed. In haste, the Chief Justice of the United States Supreme Court swears in the Speaker of the House as President.

After the swearing in, it is learned that the Chief Justice didn’t ask the age of the Speaker of the House, and just assumed that they were old enough per the Constitution. He just assumed and didn’t know that the new President was NOT qualified due to age.

Now the newly sworn in President CLAIMS that they are old enough, but refuses to release their birth certificate to the public.

Just who has legal authority for review after the Speaker of the House has been sworn in as President? According to this ruling, it isn’t the judicial branch. Because no crime has been committed, the President can’t be impeached, so it isn’t the legislative branch (and because the Speaker of the House is from the majority party, that party controls the House as well). The President is chief executive over the executive branch so they wouldn’t out themselves.

So I ask again, who would have legal authority?

I certainly don’t get it.


466 posted on 10/29/2009 4:58:56 PM PDT by CJacobs (From the Ozark / Clarksville area)
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To: kukaniloko

Don’t be silly, why would she want 0bama as her client...


467 posted on 10/29/2009 4:59:45 PM PDT by chris37
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To: lucysmom
Since when do Conservatives advocate rewriting the Constitution?

It's not really the Constitution that is involved, but rather a series of mostly 20th century interpretations of it that resulted in ever higher barriers to individuals seeking to have the Constution enforced.

468 posted on 10/29/2009 4:59:46 PM PDT by El Gato ("The Second Amendment is the RESET button of the United States Constitution." -- Doug McKay)
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To: Kevmo

I knew there was something about this.. I just couldn’t recall, but I do remember that thread.


We’ve received many requests from freepers requesting that other freepers not post to them. There are several problems with this.

1. It’s impossible for us to enforce.

2. We don’t have the time to enforce these requests.

3. We don’t have the software to keep track of these requests.

4. Thick skin helps.

5. Ignore the poster, if you don’t reply, they won’t reply.

-—the mods


469 posted on 10/29/2009 5:01:07 PM PDT by Freedom2specul8 (I am Jim Thompson............................Please pray for our troops....)
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To: danamco
That is a stretcher!!!

That was before the document was anything more than something posted on Scribe. Anyone can post anything there. So I was just checking. Then NS gave me the link to the court site, and you'll notice I dropped it after that.

Remember there was a false post to the opposite effect, that Judge Carter had denied the motion, a few days ago.

470 posted on 10/29/2009 5:04:25 PM PDT by El Gato ("The Second Amendment is the RESET button of the United States Constitution." -- Doug McKay)
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To: tired_old_conservative

That’s fine. This is a rather unusual situation, but whatever.

We will get what we deserve, and that’s all there is to it.


471 posted on 10/29/2009 5:05:37 PM PDT by chris37
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To: Conscience of a Conservative
Standing is a tough hurdle to clear, but it is an important check on judicial power.

Or a means of judicial tyranny. Take your pick.

472 posted on 10/29/2009 5:06:26 PM PDT by El Gato ("The Second Amendment is the RESET button of the United States Constitution." -- Doug McKay)
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To: CJacobs

So I ask again, who would have legal authority?
***That’s a good hypothetical. SCOTUS has the authority. And they decided to take a pass on this issue when they had several lawsuits they could have chosen from during the pre-inauguration phase. It was their job and they abdicated their responsibility.

So, to extend your hypothetical: What should conservatives do when they have a reasonable suspicion that the current POTUS isn’t even eligible to hold the office, and the SCOTUS abdicated their responsibility to engage on this check/balance system set up by the founders?


473 posted on 10/29/2009 5:06:32 PM PDT by Kevmo (So America gets what America deserves - the destruction of its Constitution. ~Leo Donofrio, 6/1/09)
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To: ~Kim4VRWC's~

In other words, there’s no rule.


474 posted on 10/29/2009 5:07:25 PM PDT by Kevmo (So America gets what America deserves - the destruction of its Constitution. ~Leo Donofrio, 6/1/09)
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To: nyconse
Send it to the RNC.

So they can use it to endorse and elect RINOs? That's worked real well in the past, NOT.

475 posted on 10/29/2009 5:07:48 PM PDT by El Gato ("The Second Amendment is the RESET button of the United States Constitution." -- Doug McKay)
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To: etcb
“I believe that presidential candidates qualify for federal matching funds and in some jurisdictions position on ballots based on the electoral results. If Keyes, Drake, Lightfoot or any other candidate brought a case in this same court against the appropriate federal agency dealing with these issues contending that they were deprived of the necessary ballot support due to the existence of a privately funded ineligible candidate and requesting relief in the form of monetary damages and future ballot position, they may actually get a hearing.”

I totally agree. This is where Kreep and Taitz screwed up. They requested removal as a remedy rather than monetary damages which I suspect Carter might have considered at least for Keyes and Kreep's clients, but only if he was asked, which he apparently wasn't! A narrow case for these three plaintifs asking for only monetary damages of running against an ineligible candidate could still be filed, it would seem.

476 posted on 10/29/2009 5:09:26 PM PDT by Seizethecarp
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To: Drew68
And we had one that lasted for the better part of two years where millions of dollars were spent and not one of Obama's opponents questioned his eligibility.

That does not make him eligible, does it? We have a Constitution too, for now, it determines eligibility not a campaign.

477 posted on 10/29/2009 5:12:46 PM PDT by El Gato ("The Second Amendment is the RESET button of the United States Constitution." -- Doug McKay)
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To: Kevmo

Correct...it’s sort of an honor system. :-)


478 posted on 10/29/2009 5:19:37 PM PDT by Freedom2specul8 (I am Jim Thompson............................Please pray for our troops....)
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Clair Wolfe.
It’s Time.


479 posted on 10/29/2009 5:23:57 PM PDT by WhirlwindAttack (If 0dumbo is the answer, WTF was the question?)
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To: deport
sworn in Jan. 20 with another swearing on Jan. 21

If as so many, including Judge Carter, seem to believe that "swearing in" makes one President, apparently regardless of eligibility, when exactly did The One become President? January 20th, or January 21st? Or since both "swearing ins" were defective per the Constitutional specification of the oath to be sworn, maybe never?

If it was the 21st, who was President from noon on the 20th until the "swearing in" on the 21st?

480 posted on 10/29/2009 5:24:50 PM PDT by El Gato ("The Second Amendment is the RESET button of the United States Constitution." -- Doug McKay)
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