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Weary of defending in court the Constitutional eligibility of their man at 1600 Pennsylvania Avenue, the Democrat Party has finally admitted Barack Obama is not qualified to be president of the United States– and that it doesn’t matter.
According to a motion filed by Party attorneys in a Tennessee eligibility lawsuit, “…Defendants [the Tennessee Democrat Party and the Democrat National Committee] assert that the Tennessee Democrat Party has the right to nominate whoever it chooses to run as a candidate, including someone who is not qualified for the office.” (emphasis added)
SAN FRANCISCO (AP) — The so-called birther movement was dealt another legal blow Thursday when a federal appeals court tossed out a lawsuit challenging President Barack Obama’s U.S. citizenship and his eligibility to serve as commander in chief.
The 9th U.S. Circuit Court of Appeals ruled that none of the challengers had legal standing to file the lawsuit on Jan. 20, 2009, the day Obama was inaugurated. The three-judge panel cited various reasons for disqualifying six sets of plaintiffs, who included Obama’s political rivals, taxpayers and military personnel.
The birther movement has filed multiple lawsuits over the issue, so far with no success. Its leaders have lost similar challenges before the U.S. Supreme Court and the California Supreme Court.
The U.S. Constitution says only “a natural born citizen” may serve as president. The challengers allege that Obama, whose father was Kenyan, was born in that African country, rather than the U.S. state of Hawaii. They claim his Hawaii birth certificate is a forgery.
The appeals court didn’t address the authenticity of the birth certificate, instead ruling that the challengers couldn’t show “concrete injury” from the allegations.
Arizona may have the most advanced plan, but 10 of the United States – controlling 107 Electoral College votes – are now considering some type of legislation that would plug the hole in federal election procedures that in 2008 allowed Barack Obama to be nominated, elected and inaugurated without providing proof of his qualifications under the U.S. Constitution.
And they aren’t all the simple legislation such as that adopted in New Hampshire a year ago that requires an affidavit from a candidate stating that the qualifications – age, residency and being a “natural born citizen” – have been met.
In Georgia, for example, HB37 by Rep. Bobby Franklin not only demands original birth-certificate documentation, it provides a procedure for and declares that citizens have “standing” to challenge the documentation.
Franklin told WND the least that leaders of the United States, on a state or federal level, can do is to follow the requirements of the law of the land.
His plan, he said, is needed because he saw “requirements in the Constitution that you don’t have a code provision to ensure that it happens.”
“If we as an entity of civil government don’t follow the laws, then what makes us think that our citizens are going to obey anything we enact?” he said. “We need to lead by example.”
WND reported just one day ago that Arizona, which had a plan to require documentation of eligibility from presidential candidates passed by the state House a year ago, had proposed a new plan.
According to officials with the National Conference of State Legislatures, 10 states already have some sort of eligibility-proof requirement plan.
There is Arizona’s HB2544, Connecticut’s SB391, Georgia’s HB37, Indiana’s SB114, Maine’s LD34, Missouri’s HB283, Montana’s HB205, Nebraska’s LB654, Oklahoma’s SB91, SB384 and SB540, and Texas; HB295 and HB529.
Led by Texas with 34, the states control 107 Electoral College votes.
The NCLS said New Hampshire last year adopted HB1245, but it requires only a statement under penalty of perjury that a candidate meets the qualification requirements of the U.S. Constitution, which is something similar to what the political parties already state regarding their candidates.
Other plans were considered last year in Texas, South Carolina, Oklahoma, Missouri, Minnesota, Maine and Arizona, and Arizona’s probably got the closest to law, falling a “pocket veto” short in the state Senate, despite widespread support.
For summary of each state: