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from the Right Side of Life:

First, “significant political overtunes” must be irrelevant for the Judiciary, else no decision could ever be made on any constitutional question. Therefore, to me, this is a moot point.

Yet, let’s get back to the bigger issue of eligibility and the Courts.

This political question with respect to the Judiciary can be broken down into a number of legitimate points:

  1. Can the Judiciary determine whether or not a candidate is eligible for a sought-after office?
  2. Can the Judiciary issue an opinion that would subsequently cause a candidate to be ineligible for such office?
  3. To what extent is the Judiciary tasked with enforcing the constitutional question of eligibility?

In this citizen reporter’s non-attorney opinion, the answer is that the Judiciary does have a role in making sure that the law is enforced, particularly by those other branches that are tasked with such a duty.

Remember, I have repeatedly stated that since there currently exists no law that enforces presidential or vice presidential constitutional eligibility nor to what degree it ought to be enforced, it would be practically impossible for the Court to issue an order against a non-existent law. Therefore, if the Judiciary is to be petitioned regarding eligibility, another route must be used instead; this posting could be such an opening.

On the one hand, we are told by many a Defendant in various eligibility cases that the Secretary of State has, effectively, no discretion in determining whether or not a candidate could be placed on the ballot. As this posting shows, the Defendants have either been lying or ignorant (then the question becomes whether such ignorance is willful or not) when there is already such existing precedent.

Further, it is also a contention that “only” (”the exclusive means”) the Congress and/or the Electoral College is tasked by the Constitution and/or federal law for vetting a candidate. Again, precedent clearly shows that this is not the case. Furthermore, any Defendant would be hard-pressed to find any verbiage (outside of their albeit learned opinions) that specifically states that the Joint Session of Congress and/or the Electoral College are “only,” “solely,” or “exclusively” the routes for answering eligibility questions. Incidentally, no opposition commenter on this site can find such exclusive verbiage either, outside of their own worthy opinions.

Lastly, there is the issue of removal. As I’ve stated numerous times on my site — and as the singular point upon which the opposition and I agree — the Judiciary cannot lawfully remove a sitting President, and it’s just as unlikely that the branch could remove a lower chief executive. Nevertheless, making a determination as to the eligibility of a President is something that can be quintessentially within its jurisdiction, where the Legislative branch would subsequently be tasked with such official removal.

In my view, what Mr. Kreep must show the Court is how deficient the Secretary of State for California was in making a determination for whether or not Mr. Obama should have been placed on the ballot; he might even ask her upon what basis did she make her determination. Did she use the Internet to vet Mr. Obama? Did she even vet Obama at all?

Either way, clear precedent exists that her very office had previously vetted candidates. Based on what we know today, it’s a shame that such vetting — whether it resulted positively or negatively — did not occur.

It’s also exceedingly obvious that her office’s finger-pointing back to the Democrat party is a complete ruse.

For full article: http://www.therightsideoflife.com/2010/02/02/eligibility-keyes-v-bowen-appealed-precedent-exists-for-courts-to-qualify-public-executives/

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Obama eligibility case will be heard on merits !!
Please distribute everywhere.

 Just got off the phone with Orly Taitz, the attorney in Keyes v. Obama.At the hearing today at the Federal Court building in Santa Ana, Judge Carter said the following:

 

1. There will be a trial.
2. It will be heard on the merits,  IF, the paperwork is corrected properly

3. Nothing will be dismissed on proceedural issues.
4. The trial will be expeditious, and the judge pledged to give case priority.
5. Being a former Marine he realizes the importance of having a Constitutionally qualified POTUS/CINC.
6. Judge stated that if Obama isn’t Constitutionally qualifed he needs to leave the White House.The DOJ will be involved with the case also….

I wasn’t clear if they would be trying to get to the truth or they would just be blindly representing Obama. Orly will be adding members of the military from California as plaintiffs also. This is from what my interpretation of our conversation. Orly, asked me to disseminate this information out for her; she will be doing a posting later after she gets some sleep. Please say a prayer of protection for Orly, her family, and Judge Carter.  Please also pray that the truth will come to light regarding Obama and justice will be done.
Dr Orly Taitz, Esq site here!

http://latimesblogs.latimes.com/lanow/2009/07/opponents-of-barack-obamas-presidency-claim-small-court-victory.html

http://www.wnd.com/index.php?fa=PAGE.view&pageId=103918

Keyes, priest arrested at Notre Dame protest

SOUTH BEND, Ind. – Former Republican presidential hopeful Alan Keyes, a Roman Catholic priest and 19 others were arrested Friday after marching onto the University of Notre Dame campus to protest President Barack Obama’s planned commencement speech.

The arrests marked the third straight Friday that protesters have been detained. They are angry about the school’s decision to give Obama, who supports abortion rights and embryonic stem-cell research, an honorary degree and have him speak at Sunday’s commencement.

“Notre Dame is arresting a priest,” the Rev. Norman Weslin, founder of the Lambs of Christ abortion protest group, said as Notre Dame security personnel put plastic restraints on his wrists Friday. “Why are you arresting a priest for trying to stop the killing of a baby? You’ve got it all backward.”

Weslin, 78, who has been arrested dozens of times at abortion clinic blockades, was carried off on a stretcher. He and two others were charged with resisting law enforcement.

For full article: http://news.yahoo.com/s/ap/20090515/ap_on_re_us/us_obama_notre_dame;_ylt=AjvdMaX2MfooYdboOA4MG8EDW7oF

NOTE: I believe that it is not the President giving a speech at Notre Dame, it is the honor of an honorary degree from the Catholic university that is causing the uproar.

BORN IN THE USA?
Keyes to appeal case on Obama’s eligibility

Lawyer says dismissal ‘eviscerates’ Constitution’s rules for president


Posted: March 26, 2009
11:45 pm Eastern

By Bob Unruh
© 2009 WorldNetDaily

 

A lawsuit filed on behalf of Ambassador Alan Keyes, a candidate for president on California’s general election ballot last year, challenging President Obama’s eligibility to hold office under the requirements of the U.S. Constitution will be appealed, according to a lawyer working on the case.

WND reported earlier on the case being filed and then again when a judge dismissed it after concluding anyone can run for president on the California ballot – whether or not they are eligible under the Constitution of the United States.

Judge Michael P. Kenny said the secretary of state, who is responsible for election laws in the state, has no “duty” to demand proof of eligibility from candidates.

For Full Story: http://www.wnd.com/index.php?fa=PAGE.view&pageId=92971

 

     In the case of Alan Keyes before the California Supreme Court, the Court accepted the opinion of the Secretary of State that they had no “ministerial” duty to require a Presidential candidate provide citizenship proof, despite the fact that the same office has done so, in the Courts, on several occasions in the last forty years.

    By dismissing the case on those grounds, and without hearing the case on the merits of its claims, the case can now be taken to the United States Supreme Court, where, it has been commented by at least one Justice, that a Presidential candidate would likely have standing to bring such a case.

    For the full story:

  http://www.wnd.com/index.php?fa=PAGE.view&pageId=91613

     Tennessee Representative Eric Swafford has signed on to be a Plaintiff in an action for a Writ of Mandamus with regard to Barack Obama’s birth certificate records and subsequent eligibility to be the President of the United States. Additionally, Rep. Swafford is responsible for proposing Tennessee’s legislation regarding reclaiming state sovereignty that the federal government has hijacked.

 

 

 

http://www.nashvilleistalking.com/2009/02/state-rep-eric-swafford-r-demands-to-see-presidents-birth-certificate/

http://politics.nashvillepost.com/2009/02/10/rep-eric-swafford-joins-the-obama-presidential-eligibility-fight/

     Without an explanation, the United States Supreme Court has declined to hear the first of what will inevitably be NUMEROUS challenges to the eligibilty of President-Elect Barack Hussein Obama II to serve as the President of the United States.

     The Court declined to issue an emergency stay on the Electoral College votes, scheduled for December 15th, as requested by Leo Donofrio in his challenge to Obama’s citizenship. Donofrio acknowledges that Obama was allegedly born in Hawaii, but that his Kenyan and British citizenship precludes him from being considered a “natural born” citizen.

     The case filed by Philip Berg, a Pennsylvania attorney, which alleges that (a) Obama was born elsewhere, such as Kenya, and/or (b) his Indonesian citizenship as a child of Lolo Soetoro, making him ineligible to be President, will have his case considered some day this week or next. Additionally, there are at least 16 other challenges at the state and federal court levels nationwide, including the case filed to stop the California Secretary of State from certifying the election and the Electors by Alan Keyes.

     Despite being referred to as nutcases, right-fringe, and delusional, there are still many who believe that Obama could settle this matter very quickly, so that it does not fester as a cloud over his administration. While I would prefer that he not serve as our President, I do want our next President to be able to work on our Nation’s problems without being plagued by issues that cast doubt over his capacity and eligibility.

     In a twist of irony, all the mainstream media that either refused to report anything on the birth certificate issue, or buried it in the body of the news, are reporting the Supreme Court’s denial of the Donofrio case like a wildfire: The Associated Press, The Chicago Tribune, the Washington Post, the Boston Globe!!

     After meeting privately to discuss the cases the US Supreme Court would hear, or to issue Writs of Certiorari upon, the list of cases denied or granted was issued late Friday afternoon (Dec. 5th), and the Leo Donofrio case questioning President-Elect Barack Obama’s citizenship and Presidential eligibility was not on EITHER list.

     A spokesman for the Supreme Court said that no decision had been reached as of yet, and that a decision from the Justices would most likely be forthcoming in the next week or so.

     Unlike other cases, such as Pennsylvania attorney Philip Berg’s case, which allege that Obama was NOT born in Hawaii, the Donofrio case concedes Obama’s verbal assertion that he was born in Hawaii, but Donofrio claims that Obama’s British citizenship, afforded to him as the son of a British subject, precludes him from being the President. Barack Obama Sr., as a Kenyan citizen, was automatically a British citizen, since Kenya was a part of the British Commonwealth.

     Other cases are still pending in the lower courts, including the lawsuit brought by Presidential candidate Alan Keyes against California’s Secretary of State to stop the certification of the State’s Electors. Each of the cases that have been filed throughout the country have the potential of being heard in the Supreme Court, based upon their outcome at the lower court and appellate level.

     Since the Director of the Hawaii Dept. of Health stopped short of stating that the documents on file in Hawaii state that Barack Obama was born in Hawaii, the only satisfactory resolution to the “birthplace” part of the citizenship question would be for Barack Hussein Obama II to authorize the Hawaiian authorities to release the vaulted documents.

     The Electoral College can, though it is unlikely, vote by conscience, based upon the Obama team’s like of candor in this matter, and not vote for Obama. Some states require their Electors to the Electoral College to vote as the state voted, but others allow the Elector’s a bit of discretion in their votes. In fact, a massive lobbying effort directly to the Electors in some states has been going on since November 4th.

     Although President-Elect Obama has resigned his Senate seat, a move which is irreversible, it is noteworthy that Sen. Joe Biden has not yet resigned his seat, nor has Rep. Rahm Emanuel, and Sen. Hillary Clinton has said that she will not resign until she is confirmed as Secretary of State by the Senate. Senator Clinton’s decision not to resign just yet is completely understandable, but if their is such certainty in Obama’s election, one has to wonder why Sen. Biden and Rep. Emanuel have not resigned their positions.

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