The problem with the 'precedents' we keep finding, is that they are all narrowly defined and specific. I'd like to see it go the full course, and see it defined specifically and finally by SCOTUS. And personally, if some of that flying crap hits obama, I'm ok with it.
LOS ANGELES – John McCain has been called an American hero. But is he a natural-born citizen?
A federal judge in Riverside County has been asked to determine whether the Republican presidential candidate, who was born in the Panama Canal Zone in 1936, meets the legal test to qualify for the nation's highest office.
A Florida lawyer filed suit Monday to block the election of Dick Cheney as the next vice president, challenging Cheney's claim to be a resident of Jackson Hole.
Decades before the Birther movement and the numerous challenges to Democrat Barack Obama’s constitutional right to serve as the President of the United States, the Republican Party had its own citizenship issue to deal with. On September 4, 1964 the flamboyant San Francisco attorney Melvin A. Belli filed suit to remove GOP presidential nominee Senator Barry M. Goldwater from the California ballot because the candidate was born in Arizona before it became a state.
I guess that makes liberals the first "birthers."
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When they come for your guns, give them your ammo first... ...nuff said.
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John Adams “The moment the idea is admitted into society that property is not as sacred as the laws of God, and that there is not a force of law and public justice to protect it, anarchy and tyranny commence.”
Ronald Reagan: 'Everybody that is for abortion has already been born'
"I never said I was worth it. I only said I wouldn't do it for less " William F. Buckley Jr.
all those claims may or may not be true. But one thing's as clear as the space between Will's ears: the GEORGIA complaint is in an actual COURT for official adjudication. First time that's happened...let's see what they say.
Judge Malihi moved the deadline for filing our legal briefs up to today, so today we filed two documents with Georgia’s Office of State Administrative Hearings. We expect Judge Malihi to rule promptly on this matter. As soon as he does, we will let you know both what his ruling is and what it means.
The first filing was our Proposed Findings of Fact and Conclusions of Law. This is written as a proposed order in the Judge’s voice, but it is not his order. This filing is written in this way to show how we would like the Judge to rule on the evidence and arguments we presented last Thursday in Atlanta. We showed that Obama’s father was never a citizen via several documents. We then showed Supreme Court precedent that “natural born citizen” requires two citizen parents at the time the candidate was born. We therefore propose a ruling that Obama is not Constitutionally qualified to be on the Georgia ballot for the office of President.
The second filing today was a Motion for Finding of Contempt against Obama. My message last week, Is the Judicial Branch Dead?, covered the implications of Obama’s actions last week. Never before in our history have we had a President simply ignore a court order. We have had Presidents subject to a court order more than once, but in every one of those instances, the President in question followed lawful procedure in dealing with those orders. We now have a sitting President that has openly declared that he is not subject to the Judicial Branch of our government. This is dangerous territory and our Motion urges Judge Malihi to recommend “that the Superior Court find the Defendant in willful contempt of Court, and that the Superior Court impose sanctions commensurate with an act that threatens the foundations of our Constitutional Republic.”
Please continue to help spread the word about our arguments. There is so much misinformation circulating about what a Natural Born Citizen is and what our Constitution says. Many wonder why this is even important at this point. It is important because everything is connected. If we fail to follow the Constitution in one circumstance, how can we defend upholding the Constitution in another? This is not a partisan issue, this is not a gender issue, this is not a race issue. This is a rule of law issue. Either we have rule of law in the United States or we don’t.
Thanks Ray. I just don't see how it's 'invalid' or 'stupid' or 'racist' or anything else detrimental. The facts are that:
1: a judge agreed to hear a complaint
2: subpoenas were sent for testimony
3: Obama disregarded and resisted the subpoena
4: arguments were heard from the people who DID show up to offer testimony
5: Obama is in contempt (not the first time, by the way, and not with THIS court)
6: summary judgement can be expected.
People can piss and moan and gripe and crap all they want. This issue has been given legitimacy and validity by an official of the judicial branch of our government. Obama has chosen to break the law. Can a summary judgement go any other way than on the strength of the evidence presented ? I predict the president's arrogance, and the poo-pooing of the hoi-poloi will result in having the name of Barack Hussein Obama stricken from the ballot in the state of Georgia. This will provide a number of judicial and legal precedents:
1: it will establish, until challenged, the nature of what exactly a 'natural born citizen' is.
2: it will establish exactly WHO has standing to challenge the eligibility of anyone running for the presidency.
3: it will establish the states' right to determine eligibility and if found lacking (like Obama has been found, in everything he's ever done), can deny a candidate the right to be included in a state's election and denial of electors.
4: it will allow OTHER states to file similar challenges and use this benchmark as the standard for their actions.
I think this is a fine, fine thing they do in Georgia. If the truth can be found and the law upheld, and scumbags held to account, I applaud all concerned in this action.
'Judge Malihi wrote a ten-page page order that said, “ President Obama is an American citizen. It doesn’t matter what you cracker-*** racists think because according to the gotdamn Constitution of the United States, the one you claim to love so damn ****** much, any person born in the United States, regardless of his parents’ countries of origin, is a gotdamn American citizen*.” '
'Judge Malihi wrote a ten-page page order that said, “ President Obama is an American citizen. It doesn’t matter what you cracker-*** racists think because according to the gotdamn Constitution of the United States, the one you claim to love so damn ****** much, any person born in the United States, regardless of his parents’ countries of origin, is a gotdamn American citizen*.” '
Not to be outdone by a big a-hole, I must be the bigger of the two..so here you go...
Okay, it looks like I've been roped in here once again, by my incredibly cute and intelligent spouse to comment on this thread.
First of all, Malihi is an administrative law judge in Georgia, not a federally appointed judge. These judges rule on challenges to decisions by state administrators, such as, for instance whether of not someone qualifies for workers compensation.
Decisions by an administrative law judge can usually be appealed to a higher court, here the circuit court. I don't know about Georgia.
The issue in Happersett, if you will recall was whether the Missouri ban on women voting was constitutional. (You guys did read it didn't you?)
It was noted in Happersett that the petitioner was a citizen because she was born in the U.S. and her parents were born in the U.S. The court noted that there are other views which do not require that both of one's parents be native-born to be considered a native-born citizen, but they weren't called to rule on that issue since the petitioner's parents were native-born.
Now if you are an ethical and competent lawyer, you will research to determine if the case(s) on which you are relying are still good law. With respect to Happersett, it was good law on the issue of the constitutionality of Missouri's ban on women voting. Or it was right up until the Constitution was amended giving women the right to vote. (Stephanie, aka sachiko, thinks that was a mistake and sometimes I'm inclined to agree.)
Now the issue on which the birthers were relying was that bit of commentary, not really the main issue in the case, establishing that petitioner was a native-born citizen because she was born in the U.S. and both her parents were born in the U.S.
That question was settled by Wong, which I cited in a previous post, wherein the Supreme Court, relying on the 14th Amendment ruled that Wong was a native-born citizen even though BOTH his parents were subjects of the Emporer of China having been born in China and never natiuralized here in the U.S.
Now let's consider native-born v. natural-born. The law has always recognized only two classes of citizen, native-born and naturalized, that is born in another country but having taken an oath of loyalty to the United States. I just can't see the Supreme Court establishing a third class of citizenship requiring both your parents to have been native-born in order to qualify you to run for president.
Now how about Obama and his lawyer failing to appear? Please recall that I noted earlier that this was an adminsitrative law hearing. In such a case, the defendant is the state administrator or administrative office who made the decision which you are appealing. The defendant in this case was whoever agreed to place Obama's name on the ballot, not Obama himself. He did not need to appear.
Okay? Any more questions? I know that's not what some folks want to hear, but there it is.
'Judge Malihi wrote a ten-page page order that said, “ President Obama is an American citizen. It doesn’t matter what you cracker-*** racists think because according to the gotdamn Constitution of the United States, the one you claim to love so damn ****** much, any person born in the United States, regardless of his parents’ countries of origin, is a gotdamn American citizen*.” '
Wrong, are you telling me the children of say a Chinise ambassador are American citizens should the wife give birth at DC general?
This isn't an Obama issue, it has more to do with anchor babies. For decades there has been a mis-applying of the 14 th amendment. Being born here isn't enough to exceed the requirements of the 14 amendment and become a citizen.
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John Adams “The moment the idea is admitted into society that property is not as sacred as the laws of God, and that there is not a force of law and public justice to protect it, anarchy and tyranny commence.”
Ronald Reagan: 'Everybody that is for abortion has already been born'
"I never said I was worth it. I only said I wouldn't do it for less " William F. Buckley Jr.
