Results 2,201 to 2,210 of 5732
Thread Information
Users Browsing this Thread
There are currently 1 users browsing this thread. (0 members and 1 guests)
-
10-22-2009, 04:51 PM #2201Originally Posted by HighlanderJuan
Actually, I believe that the second shot fired was at the DC Tea Party on 12 Sept....I call on you in the name of Liberty, of patriotism & everything dear to the American character, to come to our aid...
William Barret Travis
Letter From The Alamo Feb 24, 1836
-
10-22-2009, 09:42 PM #2202
- Join Date
- May 2007
- Location
- South West Florida (Behind friendly lines but still in Occupied Territory)
- Posts
- 117,696
BORN IN THE USA?
Judge tosses eligibility case against Congress
'We've lost a skirmish. Now on with the war in the higher courts!'
Posted: October 21, 2009
11:55 pm Eastern
By Bob Unruh
© 2009 WorldNetDaily
A federal judge has dismissed a lawsuit filed by Charles F. Kerchner Jr. and others against Congress, alleging members of that institution failed in their constitutionally specified responsibility to evaluate Barack Obama and make sure of his eligibility to occupy the Oval Office.
Attorney Mario Apuzzo had filed the action in January on behalf of Kerchner, Lowell T. Patterson, Darrell James Lenormand and Donald H. Nelson Jr. Named as defendants were Barack Hussein Obama II, the U.S., Congress, the Senate, House of Representatives and former Vice President Dick Cheney along with House Speaker Nancy Pelosi.
The case focuses on the alleged failure of Congress to follow the Constitution. That document, the lawsuit states, "provides that Congress must fully qualify the candidate 'elected' by the Electoral College Electors."
The Constitution provides, the lawsuit says, "If the president-elect shall have failed to qualify, then the vice president elect shall act as president until a president shall have qualified."
"There existed significant public doubt and grievances from plaintiffs and other concerned Americans regarding Obama's eligibility to be president and defendants had the sworn duty to protect and preserve the Constitution and specifically under the 20th Amendment, Section 3, a Constitutional obligation to confirm whether Obama, once the electors elected him, was qualified," the case explained.
On his blog, Apuzzo confirmed Judge Jerome Simandle in New Jersey dismissed the case.
See the movie Obama does not want you to see: Own the DVD that probes this unprecedented presidential eligibility mystery!
"Judge Simandle ruled that the plaintiffs do not have Article III standing and that therefore the court does not have subject matter jurisdiction," he explained. "The court found that the plaintiffs failed to show that they suffered an 'injury in fact.' It added that plaintiffs' alleged injury is 'only a generally available grievance about government' and 'is one they share with all United States citizens.' Finally, it said that plaintiffs' 'motivations do not alter the nature of the injury alleged," Apuzzo wrote.
"By way of footnote, the court said that even if the plaintiffs could show that the court had Article III standing, they would not be able to show that the court should exercise jurisdiction because prudential standing concerns would prevent it from doing so," he added. "Finally, the court again in a footnote said that it cannot take jurisdiction of the issue of whether Obama is a 'natural born citizen' and whether Congress has acted constitutionally in its confirmation of Obama for president because the matter is a 'political question' which needs to be resolved by Congress."
The court suggested the "remedy" is "voting at the polls," he said.
But he noted there was no ruling that Obama's Hawaiian birth was proven, or that it was proven Obama is a "natural born" citizen."
"Given the nature of the court's decision, the American people unfortunately still do not know whether Obama is constitutionally qualified to be president and commander in chief," he said.
A appeal will be filed with the 3rd Circuit Court of Appeals in Philadelphia, he said.
Kerchner said in a statement released to The Post & Email blog it's a Catch-22.
"Congress told the people it was up to the courts. Now the federal court system which is supposed to be the guardian of the Constitution tells the We the People it is up to the Congress. And even worse, the federal court in my case just told the people that as long as the Congress and the executive branch usurp and ignore the Constitution in such a way as to injure all citizens and everyone in this nation equally, it is quite OK with them," he said.
"What's next, for Obama or the DNC-led Congress to usurp the 1st Amendment and 2nd Amendment rights of We the People? and then the courts will tell us that we were all injured equally so we have no standing to redress it and we lose our freedom of speech and our right to bear arms?" he said.
"We've lost a skirmish or battle. Now on with the war in the higher courts!" he said.
WND had reported only days earlier when Kerchner publicly argued that the courts have an obligation to make a decision on Obama's eligibility.
He wrote, "The federal courts and judges are committing treason to the Constitution by not taking jurisdiction and getting to the merits in the various cases before them regarding the Article II eligibility clause question for Obama."
He said his basis for such a statement is the opinion of U.S. Supreme Court Chief Justice John Marshall, who wrote in an 1821 case, Cohens vs. Virginia:
"It is most true that this court will not take jurisdiction if it should not: but it is equally true, that it must take jurisdiction if it should. The judiciary cannot, as the legislature may, avoid a measure because it approaches the confines of the constitution. We cannot pass it by because it is doubtful. With whatever doubts, with whatever difficulties, a case may be attended, we must decide it, if it be brought before us. We have no more right to decline the exercise of jurisdiction which is given, than to usurp that which is not given. The one or the other would be treason to the constitution. Questions may occur which we would gladly avoid; but we cannot avoid them. All we can do is, to exercise our best judgment, and conscientiously to perform our duty. In doing this, on the present occasion, we find this tribunal invested with appellate jurisdiction in all cases arising under the constitution and laws of the United States. We find no exception to this grant, and we cannot insert one."
Kerchner added, "The … judges in the … cases should simply read the words of U.S. Supreme Court Chief Justice Marshall from the past and take jurisdiction of the constitutional question of the Article II eligibility clause in the Constitution and proceed to a fact finding hearing and trial on the merits.
WND has reported on dozens of legal challenges to Obama's status as a "natural born citizen." The Constitution, Article 2, Section 1, states, "No Person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President."
Some of the lawsuits question whether he was actually born in Hawaii, as he insists. If he was born out of the country, Obama's American mother, the suits contend, was too young at the time of his birth to confer American citizenship to her son under the law at the time.
Other challenges have focused on Obama's citizenship through his father, a Kenyan subject to the jurisdiction of the United Kingdom at the time of his birth, thus making him a dual citizen. The cases contend the framers of the Constitution excluded dual citizens from qualifying as natural born.
Further, others question his citizenship by virtue of his attendance in Indonesian schools during his childhood and question on what passport did he travel to Pakistan three decades ago.
Adding fuel to the fire is Obama's persistent refusal to release documents that could provide answers and the appointment of myriad lawyers to defend against all requests for his documentation. While his supporters cite an online version of a "Certification of Live Birth" from Hawaii as his birth verification, critics point out such documents actually were issued for children not born in the state.
The ultimate questions remain unaddressed to date: Is Obama a natural born citizen, and, if so, why hasn't documentation been provided? And, of course, if he is not, what does it mean to the 2008 election or the U.S. Constitution if it is revealed that there has been a violation?
WND has reported on another case, being heard by U.S. District Judge David Carter in California. He released a ruling noting the government's motion to dismiss was being taken "under submission." But he also approved a final calendar for the case to be proceeding in his court.
Under the schedule ordered by the judge the final pretrial conference is scheduled Jan. 11, 2010, while the jury trial is Jan. 26, 2010.
WND also has reported that among the documentation not yet available for Obama includes his kindergarten records, Punahou school records, Occidental College records, Columbia University records, Columbia thesis, Harvard Law School records, Harvard Law Review articles, scholarly articles from the University of Chicago, passport, medical records, files from his years as an Illinois state senator, his Illinois State Bar Association records, any baptism records and his adoption records.
http://www.wnd.com/index.php?fa=PAGE.view&pageId=113651Join our efforts to Secure America's Borders and End Illegal Immigration by Joining ALIPAC's E-Mail Alerts network (CLICK HERE)
-
10-23-2009, 11:46 AM #2203
- Join Date
- Jan 2006
- Location
- tracking the usurper-in-chief and on his trail
- Posts
- 3,207
HighlanderJuan and TexasBorn, I read your comments on the OCRegister article. What immediately comes to mind is being a glutton for punishment, along with:
"Do not give what is holy to dogs, and do not throw your pearls before swine, or they will trample them under their feet, and turn and tear you to pieces." - the Lord Jesus Christ, in Matthew 7:6
But I am amazed at how you have apparently drawn alterego58 out of his corner and into the center of the room for an insult-free, level-headed discussion. It just goes to show what men of good will can do with the truth in a dark place. I couldn't have brought about that kind of diplomatic rapprochement.
Have you considered volunteering for conflict resolution duty in Middle East negotiations with Iran, Syria, the Saudis, the Mus|im Brotherhood, Hezbollah, and Hamas?One man's terrorist is another man's undocumented worker.
Unless we enforce laws against illegal aliens today,
tomorrow WE may wake up as illegals.
The last word: illegal aliens are ILLEGAL!
-
10-23-2009, 01:07 PM #2204Originally Posted by MinutemanCDC_SC...I call on you in the name of Liberty, of patriotism & everything dear to the American character, to come to our aid...
William Barret Travis
Letter From The Alamo Feb 24, 1836
-
10-23-2009, 01:27 PM #2205Originally Posted by MinutemanCDC_SCIn the beginning of a change, the Patriot is a scarce man, Brave, Hated, and Scorned. When his cause succeeds however,the timid join him, For then it costs nothing to be a Patriot. -- Mark Twain
-
10-23-2009, 04:30 PM #2206Originally Posted by HighlanderJuanProud American and wife of a wonderful LEGAL immigrant from Ireland.
The only thing necessary for the triumph of evil is for good people to do nothing." -Edmund Burke (1729-1797) Join our efforts to Secure America's Borders and End Illegal Immigration by Joining ALIPAC's E-Mail Alerts network (CLICK HERE)
-
10-23-2009, 04:34 PM #2207Originally Posted by cayla99In the beginning of a change, the Patriot is a scarce man, Brave, Hated, and Scorned. When his cause succeeds however,the timid join him, For then it costs nothing to be a Patriot. -- Mark Twain
-
10-23-2009, 04:55 PM #2208
The Orange County Register has another Orly Taitz article.
====================
Orange County Register
Friday, October 23, 2009
Orly Taitz: natural-born litigator
O.C. attorney has gained a national following for her efforts challenging Obama's citizenship.
By MARTIN WISCKOL
http://www.ocregister.com/articles/tait ... izen-state
When you see Orly Taitz deliver her impassioned, Eastern European-accented arguments on Fox News or CNN or YouTube, you're getting just the first hint of the outsized features of her life.
She was born in the USSR, then lived in Israel and Romania before getting married and immigrating to the U.S. The mother and former swimsuit model established a successful dentistry business with two Orange County offices – then, in her spare time, studied law and passed the state bar.
Her growing national notoriety is the result of her long-shot legal efforts to have Barack Obama removed as president, claiming that he is not a natural-born citizen. While the rumor had previously percolated on the political fringes of the Internet with a couple of failed lawsuits, Taitz's relentless filings and colorful personality have raised the visibility of the claim and led to her being dubbed "Queen of the Birthers."
She has presented the courts with two documents that say Obama was born in Kenya. She's yet to get any of her suits to trial, but some experts have opined outside the courtroom that the documents are forgeries. One, for example, bears the phrase "Republic of Kenya" – and is dated eight months before Kenya became a republic.
Taitz is undeterred.
...
Rest of the long article is here:
http://www.ocregister.com/articles/tait ... izen-stateIn the beginning of a change, the Patriot is a scarce man, Brave, Hated, and Scorned. When his cause succeeds however,the timid join him, For then it costs nothing to be a Patriot. -- Mark Twain
-
10-23-2009, 06:12 PM #2209Originally Posted by HighlanderJuan...I call on you in the name of Liberty, of patriotism & everything dear to the American character, to come to our aid...
William Barret Travis
Letter From The Alamo Feb 24, 1836
-
10-23-2009, 06:37 PM #2210Originally Posted by TexasBornIn the beginning of a change, the Patriot is a scarce man, Brave, Hated, and Scorned. When his cause succeeds however,the timid join him, For then it costs nothing to be a Patriot. -- Mark Twain
MS-13 illegals kidnap and sacrifice 14 year old girl to the devil
04-27-2024, 11:00 AM in Videos about Illegal Immigration, refugee programs, globalism, & socialism