Courts can remove ineligible chief executive - Precedent cited in appeal (certifigate)

WND ^ | 2/1/10 | Bob Unruh

[pissant]

In the United States, courts can, in fact, remove a chief executive officer of a government if that officer is found to be ineligible, according to a court precedent cited in an appeal of a California lawsuit that challenges Barack Obama's legitimacy in the White House.

A multitude of cases have been brought over the issue of Obama's eligibility. Some are by critics who have doubts about whether he was born in Hawaii in 1961 as he has written, and others are from those who question whether the framers of the Constitution specifically excluded dual citizens – Obama's father was a subject of the British crown at Obama's birth – from being eligible for the presidency.

The disputes revolve around the Constitution's demand that the president be a "natural born citizen."

Now in an appeal of a state court case in California that named as a defendant California Secretary of State Debra Bowen, attorney Gary Kreep of the United States Justice Foundation is arguing that there already are two precedents that should be applied: one in a court case in which state officials removed from the ballot a nominee for president simply because he did not meet the Constitution's eligibility requirements.

"In 1968, the Peace and Freedom Party submitted the name of Eldridge Cleaver as a qualified candidate for president of the United States. The then-Secretary of State, Mr. Frank Jordan, found that, according to Mr. Cleaver's birth certificate, he was only 34 years old, one year shy of the 35 years of age needed to be on the ballot as a candidate for president," the brief, being filed this week, argues.

[EnderWiggins]

Tell rxid that. I am not the one conflating two completely different arguments.

[El Gato]

Tell rxid that. I am not the one conflating two completely different arguments.

I figure he's reading the thread, he'll have seen it.

BTW, Welcome to Free Republic.

EnderWiggins

Since Jan 16, 2010

[EnderWiggins]

Thank you for the welcome. I spend most of my time in the evolution threads making people angry there. I’ve been looking for a forum like this for a long time.

[rxsid]

"In the end, your assertion comes down to a "trust me" or "go find it yourself" point. The theory that all newspaper announcements came 100% from HI DOH in 1961 is unproven."

Not at all. In the end my assertion comes down to the acknowledgment that you don't trust anyone, so why are you wasting your time here when you could be going to the people who can authoritatively answer your question ans ask them?

-----------------------------------------

Because you alleged a fact with nothing more than a "trust me" or "find it yourself" answer. Why waste your time here when you should be able to cite the alleged fact you refer to?

[rxsid]

When you say you are an NBC of the US, and that your parents were citizens of the US at the time of your birth, how in the world could you also be born with some other citizenship? By what means?

"There is also no SCOTUS dicta, indicating that someone born with dual citizenship (or foreign citizenship) is not. "

Which is (one of the reasons) why there remains a question about Barry's eligibility in the minds of so many people. There needs to be a resolution on this issue.

[rxsid]

Why does it matter (or why did it matter to the framers) if someone has a foreign national parent at birth?

[rxsid]

"Then are you saying McCain is not a natural-born citizen since he was not born on the soil of the U.S.? "

If I'm not mistaken, McCain was not born on the soil of the U.S. and therefore would not be considered an NBC of the US.

[rxsid]

"They intended to avoid having no President at all until 1811. Because that's how long it was going to take before the first natural born American citizens (born in 1776) would be 35 and old enough to be president.

If being a "citizen" and a NBC are the same thing, why did they feel the need to grandfather themselves past the NBC requirement?

What is your definition of NBC?

[EnderWiggins]

"Because you alleged a fact with nothing more than a "trust me" or "find it yourself" answer. Why waste your time here when you should be able to cite the alleged fact you refer to? "

I "alleged the fact" only because 1) it's the only fact that makes sense and 2) two independent researchers, one of them Obama hostile and one of them not, have done what you refuse to do, and I accept their reports.

You don't accept their reports, and so you are the one stuck between a rock ann a hard place, not me. If you really want the proof, you know exactly what to do.

[rxsid]

"I "alleged the fact" only because 1) it's the only fact that makes sense and 2) two independent researchers, one of them Obama hostile and one of them not, have done what you refuse to do, and I accept their reports."

I've not refused to do any such research. I've yet to find the proof. You, claim it, yet can't provide it.

[rxsid]

b.t.w. Barry admitted (to Keyes) that he was not an NBC but that it didn't matter because he wasn't running for POTUS.

I know that to be a fact.

Just don't ask me for a link to the "proof." Find it yourself.

/s

[EnderWiggins]

"When you say you are an NBC of the US, and that your parents were citizens of the US at the time of your birth, how in the world could you also be born with some other citizenship? By what means?"

Italian law says that I am an Italian citizen jus sanguinis. I didn't even know that until I was more than 40 years old. But I am.

"Which is (one of the reasons) why there remains a question about Barry's eligibility in the minds of so many people. There needs to be a resolution on this issue."

You are confusing two different arguments again. The "dual citizenship" argument is not the same as "two citizen parent" argument.

How long have you been doing this?

[rxsid]

What difference does it make if he had a non citizen parent, then?

[Mad Dawgg]

If I understand this correctly the precedent listed in the article sez the court removed the name of the candidate from the election process.

Now maybe such could be used for 2012 but such surely does not override Article 2 Section 4 of the Constitution.

[pissant]

If he is fraudulent, he ain’t president, regardless of him sitting in the oval office.

[EnderWiggins]

"If being a "citizen" and a NBC are the same thing, why did they feel the need to grandfather themselves past the NBC requirement?"

First off, they're not "the same thing." But they're not completely different things either. All NBCs are citizens. But not all citizens are NBCs.

None of the framers were NBCs because there was no such thing as the United States when they were born. And there would be no NBCs old enough to be president for another 23 years.

"What is your definition of NBC?"

Anybody who is a citizen by birth without requiring an affirmative act of law like a naturalization or an adoption.

[rxsid]

"Italian law says that I am an Italian citizen jus sanguinis."

You believe that the framers intended to consider someone born with foreign citizenship (foreign entanglements) a NBC of the US.

I believe the framers wanted to remove the possibility of foreign entanglements (foreign citizenship) from the position of Commander of the Army (military).

Clearly, we have a difference of opinion on what their intent was.

[Mad Dawgg]

"If he is fraudulent, he ain’t president, regardless of him sitting in the oval office."

No he is President, he may've got into office by illegal means but he was sworn in and Congress accepted the Electoral College results.

If he is found not to have been eligible he is definitely guilty of High Crimes and Misdemeanors but the House is controlled by the Democrats, so getting articles of impeachment is not gonna happen til the Repubs get control.

[rxsid]

""What is your definition of NBC?"

Anybody who is a citizen by birth without requiring an affirmative act of law like a naturalization or an adoption."

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So you believe that so called anchor baby's are NBC then. Indeed, we have a difference of opinion here.

[EnderWiggins]

"I've not refused to do any such research. I've yet to find the proof. You, claim it, yet can't provide it."

You know exactly what to so.