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LTC Lakin's Appeal Denied
U.S. Army Court of Criminal Appeals ^ | 10/12/10 | Clerk of the Court

Posted on 10/13/2010 3:04:13 PM PDT by BuckeyeTexan

On consideration of the Petition for Extraordinary Relief in the Nature of a Writ of Mandamus and Application for a Stay of Proceedings, the petition is DENIED.

(Excerpt) Read more at caaflog.com ...


TOPICS: Government; News/Current Events
KEYWORDS: army; birthcertificate; certifigate; corruption; doubleposttexan; eligibility; jamese777; kangaroocourt; lakin; military; naturalborncitizen; obama; terrylakin; trollbuckeyetexan; trollcuriosity; trolljamese777
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To: patlin

“The Amendment Process

There are essentially two ways spelled out in the Constitution for how to propose an amendment. One has never been used.

The first method is for a bill to pass both houses of the legislature, by a two-thirds majority in each. Once the bill has passed both houses, it goes on to the states. This is the route taken by all current amendments. Because of some long outstanding amendments, such as the 27th, Congress will normally put a time limit (typically seven years) for the bill to be approved as an amendment (for example, see the 21st and 22nd).

The second method prescribed is for a Constitutional Convention to be called by two-thirds of the legislatures of the States, and for that Convention to propose one or more amendments. These amendments are then sent to the states to be approved by three-fourths of the legislatures or conventions. This route has never been taken, and there is discussion in political science circles about just how such a convention would be convened, and what kind of changes it would bring about.

Regardless of which of the two proposal routes is taken, the amendment must be ratified, or approved, by three-fourths of states. There are two ways to do this, too. The text of the amendment may specify whether the bill must be passed by the state legislatures or by a state convention. See the Ratification Convention Page for a discussion of the make up of a convention. Amendments are sent to the legislatures of the states by default. Only one amendment, the 21st, specified a convention. In any case, passage by the legislature or convention is by simple majority.

The Constitution, then, spells out four paths for an amendment:

* Proposal by convention of states, ratification by state conventions (never used)
* Proposal by convention of states, ratification by state legislatures (never used)
* Proposal by Congress, ratification by state conventions (used once)
* Proposal by Congress, ratification by state legislatures (used all other times)

It is interesting to note that at no point does the President have a role in the formal amendment process (though he would be free to make his opinion known). He cannot veto an amendment proposal, nor a ratification. This point is clear in Article 5, and was reaffirmed by the Supreme Court in Hollingsworth v Virginia (3 US 378 [1798]):

The negative of the President applies only to the ordinary cases of legislation: He has nothing to do with the proposition, or adoption, of amendments to the Constitution.”

http://www.usconstitution.net/constam.html

Acts of Congress are approved by Congress and go to the President. Constitutional amendments are approved by states. Once approved, they are part of the Constitution, and rule over any acts of Congress.

Notice that Congress ‘passed’ the Equal Rights Amendment, but it was not ratified and thus has no legal impact. Congress drafts amendments, but they are acts of the states. When Scalia contrasts acts of Congress and the Constitution, the 14th Amendment is part of the Constitution. It isn’t open for debate.


2,141 posted on 10/25/2010 7:10:54 AM PDT by Mr Rogers (When an ass brays, don't reply)
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To: LorenC

Dude, you don’t get it do you. You would have to get someone to investigate from a Federal level to GET that evidence. Hawaii has thus far successfully hidden it. Are you actually thinking that ERIC HOLDER of the Obama Justice dept is going to investigate it???? Yea riiiiiiight. I have a bridge for sale too if thats the case.


2,142 posted on 10/25/2010 7:13:37 AM PDT by Danae (Analnathrach, orth' bhais's bethad, do che'l de'nmha.)
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To: BuckeyeTexan; butterdezillion
I wonder how he'd feel about the right to privacy verses the public's right to know about THE HIGHEST elected office in the nation.

Yet he's an attorney, likewise most others in the judiciary he's scared to death trying to go there. Baracka Hussein Abu Amama and his cohorts, including a few here, have it all sewn up effectively, until the bubble one day bursts!!!

2,143 posted on 10/25/2010 7:18:15 AM PDT by danamco (")
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To: patlin

From your quote:

“Sherley a Frenchman, being in amity with the King, came into England, and joyned with divers subjects of this realm in treason against the Kingand Queen, and the indictment concluded contra ligeant’ suae debitum;51 for he owed to the King a local obedience, that is, so long as he was within the King’s protection: which local obedience, being but momentary and incertain, is strong enough to make a natural subject; for if he hath issue here, that issue is a natural born subject:”

Yes, the foreign born Frenchman owed local allegiance, as the Court says of aliens here in amity. That made him a “natural subject”, and if he had kids born there, THEY would have been “natural born subjects”.

In like manner, the child of a Kenyan (and American!) living in the USA and owing the USA “local obedience” is a “natural born citizen”.


2,144 posted on 10/25/2010 7:25:15 AM PDT by Mr Rogers (When an ass brays, don't reply)
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To: Danae

So your source is...nothing. Pure, unadulterated, unevidenced, rampant speculation. You say it was routine, and yet you don’t have a single, solitary example to back it up.

So you just made up out of thin air the claim that lots of foreign born kids got birth certificates saying they were born in Hawaii, without even so much as anecdotal evidence, do I have that right? And then you started repeating it as though it were a proven fact?

You made up a ‘fact’ based on no evidence whatsoever, and then started telling people it was true. How is that not, y’know, lying?


2,145 posted on 10/25/2010 7:27:24 AM PDT by LorenC
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To: LorenC

Your disproof is nothing other than an Ad hominum attack.

Which makes you less credible by far.

Suck it up buttercup.


2,146 posted on 10/25/2010 8:13:21 AM PDT by Danae (Analnathrach, orth' bhais's bethad, do che'l de'nmha.)
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To: Mr Rogers

Dude.... you immediately mind to mind the word “dork”.

The 14th Amendment was an act of congress until it was ratified by the states, and it became an Amendment.

You are all spin up and frothing at the mouth in the attempt to make FReepers looks a certain unattractive way. FAIL. You are looking like a puffed up idiot backed into a corner defending your puffed up postulations with regard to what an act of congress is. Jeezzz. Pop that thing above your shoulders and get on with something that might have some relevance.

That or tilt at your windmill in private, its getting embarrassing to watch here on the boards.


2,147 posted on 10/25/2010 8:17:10 AM PDT by Danae (Analnathrach, orth' bhais's bethad, do che'l de'nmha.)
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To: Jonah Vark

Yes, the other receipts are folded in a similar manner. They are a little offset as well. However, those have been folded back and forth and I have had them a lot longer. The newer one I kept folded in the same direction.


2,148 posted on 10/25/2010 8:20:26 AM PDT by Danae (Analnathrach, orth' bhais's bethad, do che'l de'nmha.)
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To: BuckeyeTexan; Danae; MissTickly; El Sordo

That’s the way it looks.

Thank you, Danae, for posting these images. It looks like there was a misunderstanding of what El Sordo was saying, and the images clear that up. I’m really glad.

It makes me angry that the HDOH itself, by not being trustworthy and by refusing to answer legitimate questions and requests, leaves us all grasping at straws to try to understand what’s going on. That environment naturally breeds the kind of fear, suspicion, and alienation that’s been surrounding the eligibility issue all this time. It’s hurtful, for everybody - both those who are suspected and those who suspect.

I’m so glad this turned out like it did. Thanks again for clearing this up.

It looks like Miss Tickly was right about the transfer going onto the envelope as well (probably because of the mail sorter). Ha Ha was right about how the back of the BC copy could have ink transfer on it even though it was behind the receipt - a scenario my 3D-challenged mind wouldn’t have figured out without help. And El Sordo’s original statement was accurate (though the follow-up statements seemed contradictory). So everybody had a piece of the puzzle, and together they make sense and match what actually exists.

Now if only Obama would do what we ALL would like - put the pieces of the puzzle together so we can all have answers and closure, which was Miss Tickly’s original reason for even querying the HDOH in the first place. It’s ridiculous that laws are being broken by multiple state and federal government agencies to keep the pieces of the puzzle from being known and put together so the real truth can be seen.

Looks like I’ve got another virus I need to reboot to get rid of. Sigh. This is so old.


2,149 posted on 10/25/2010 8:23:43 AM PDT by butterdezillion (.)
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To: butterdezillion

Thanks BDZ!

Oh, try BitDefender, and Malwarebytes anti-malaware. Viruses will be handled by Bit Defender, and mal-ware (Which can be more dangerous in a lot of ways) will get picked up by Malwarebytes.

I hope that helps, I run both and rarely if ever get any sort of infections. I run them regularly.


2,150 posted on 10/25/2010 8:50:51 AM PDT by Danae (Analnathrach, orth' bhais's bethad, do che'l de'nmha.)
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To: BuckeyeTexan
Problem solved. New Orly thread just posted. We can fight over there.

I appreciate your candor.

Describing your motivation to post to these threads as "fighting" will not be a surprise to many -- we figured that out on our own a long time ago.

Some folks will do anything to get even a little attention.

2,151 posted on 10/25/2010 8:51:44 AM PDT by Beckwith (A "natural born citizen" -- two American citizen parents and born in the USA.)
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To: Danae; butterdezillion

Nitpicking? Please. The story doesn’t add up.

Yes, I realize there MUST have been toner inside the envelope. I argued half the evening about this one.

It still doesn’t tell me why El Sordo said this toner was on the back of the photocopy. Not the inside of the envelope...

I may just have missed it—which photo number was the back of the photocopy?

And for that matter, where’s the toner from the BC on the back of the receipt? It spent the whole ride behind it, eh?

I wanted the backs of all three documents. I was clear on that. Show it or don’t show it. You only proved what I already knew. Actually, you need not show it. I had already determined that if i didn’t see a photo of the above, too much time had passed fo me to find this credible. But, I don’t find it credible, Danae.

And I won’t be apologizing to him. The story doesn’t add up as he told it and I called him on it. If your feelings are hurt—stop thanking people for telling lies about your stuff.


2,152 posted on 10/25/2010 8:52:57 AM PDT by MissTickly
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To: Beckwith

Whatever, dude. It was a joke.


2,153 posted on 10/25/2010 8:54:12 AM PDT by BuckeyeTexan (There are those that break and bend. I'm the other kind.)
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To: Beckwith

Whatever, dude. It was a joke.


2,154 posted on 10/25/2010 8:54:24 AM PDT by BuckeyeTexan (There are those that break and bend. I'm the other kind.)
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To: Danae

You made up imaginary ‘facts.’ You presented said made-up ‘facts’ as if they were actually true.

When asked to produce evidence supporting those ‘facts’, you hemmed and hawed and finally admitted that you had no evidence. You’ve been posting false information that you *knew* you had no factual basis for.

Where’s the ad hominem?


2,155 posted on 10/25/2010 8:55:10 AM PDT by LorenC
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To: Danae

“The 14th Amendment was an act of congress until it was ratified by the states, and it became an Amendment.”

No, your insults are not arguments. An act of Congress is a LAW. A proposed amendment, not ratified by the states, is NOTHING but proposed wording.

And the 14th Amendment, having been ratified, is the CONSTITUTION, not an act of Congress. And when Scalia contrasted acts of Congress as the basis for citizenship vs an act of Congress, the 14th is CONSTITUTION, not an act of Congress.


2,156 posted on 10/25/2010 8:59:23 AM PDT by Mr Rogers (When an ass brays, don't reply)
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To: Mr Rogers
And when Scalia contrasted acts of Congress as the basis for citizenship vs an act of Congress, the 14th is CONSTITUTION, not an act of Congress.

The quote you provided earlier from Scalia didn't say anything about 'acts' of Congress, just about citizenship being conferred by Congress. The 14th amendment would be a case of Congress conferring citizenship.

2,157 posted on 10/25/2010 9:19:20 AM PDT by edge919
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To: Danae

You’re funny! Hilarious even!

Next thing you know, you’ll be telling me that Polarik has two version of two different 2007 COLBs and that’s why nothing matches up. Will you TELL me to apologize to him to?

Not hardly, Danae. I asked to see the back of your photocopy, the receipt, your COLB AND the inside of the envelope. All I got was envelope. THE ONLY THING I KNEW WOULD HAVE TONER.

You didn’t take those photos yesterday though, did you? You took your own compositions. Why?

I am not out of line. I am asking questions that you BEGGED to be asked by posting the photos you posted and accepting El Sardo’s generous and truthful and humble lies.

IF YOU DON’T WANT QUESTIONS, DON’T POST ANYTHING. DO NOT BLAME ME FOR HAVING QUESTIONS—BLAME YOURSELF.

“You are out of line MT. And you owe El Sordo a sincere apology. You are a damn good think and you do good work, but by G-d you leap to illogical conclusions at times.

You owe him an apology. And a sincere one at that.”


2,158 posted on 10/25/2010 9:19:34 AM PDT by MissTickly
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To: Danae

“ILLOGICAL” MY *SS.


2,159 posted on 10/25/2010 9:21:06 AM PDT by MissTickly
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To: MissTickly

Ok, You pissed me off all over again.

Sorry I didn’t have time to read all the damned posts. Maybe you should ping me or gos, send a FRmail if you have specific questions you want me to see. Ok?

Now, WHICH three documents do you want a picture of? I am not going to go back through the thread to find your questions.

MT, at this point I really don’t give a damn wtf you think. If anyone here is playing the role of the jerk in the black hat its you. El Sordo was completely honest. I have been completely honest. You owe us both an apology. But as I don’t expect to get that for at least another year just as with Polarik... well until that time, screw you and your attitude.

Who made YOU a documents expert? Polarik? You admitted a long time ago you are a democrat, whats your point here in trying to slime what are clearly legitimate documents? Whats your angle this time?

Never mind, I don’t care to know or get involved with it. You burned your bridges with me toots.

Here are your pics, taken especially for you in the last 10 minutes with an iPhone of what I think you are wanting:

http://i56.photobucket.com/albums/g172/Danae_photos/IMG_0639.jpg
http://i56.photobucket.com/albums/g172/Danae_photos/IMG_0638.jpg
http://i56.photobucket.com/albums/g172/Danae_photos/IMG_0637.jpg
http://i56.photobucket.com/albums/g172/Danae_photos/IMG_0636.jpg
http://i56.photobucket.com/albums/g172/Danae_photos/IMG_0635.jpg
http://i56.photobucket.com/albums/g172/Danae_photos/IMG_0634.jpg
http://i56.photobucket.com/albums/g172/Danae_photos/IMG_0633.jpg
http://i56.photobucket.com/albums/g172/Danae_photos/IMG_0632.jpg
http://i56.photobucket.com/albums/g172/Danae_photos/IMG_0631.jpg
http://i56.photobucket.com/albums/g172/Danae_photos/IMG_0630.jpg
http://i56.photobucket.com/albums/g172/Danae_photos/IMG_0629.jpg

Knock yourself out.


2,160 posted on 10/25/2010 9:24:31 AM PDT by Danae (Analnathrach, orth' bhais's bethad, do che'l de'nmha.)
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