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To: rollo tomasi
(Bush is in charge of investigating/executing the law and upholding the Constitution)

Nope. The Executive has no role in this. There's no law on the books regarding the Executive investigating/verifying candidates -- and if there were, it would be a political nightmare. You could argue, as Donofrio does, that it should be the responsibility of the state SOS's, but they've punted on the issue. So, now it's the province of the Supreme Court in its role of interpreting the Constitution --  if they choose to get involved.

The "natural born" question has never been clarified. The Constitution is vague on the issue, and this is the first modern-day election in which a winner of the general election (but not, as yet, the electoral vote) triggers the question.We've never had a winner with a foreign, non-citizen father.

Goldwater-Kennedy  was the last election in which this issue was raised, since Goldwater was born in Arizona while it was still a territory. There were plenty of lawsuits filed, pre-election, that were shot down for lack of standing (as in this election), but since he didn't win, after the general election no one raised the issue, and it was never resolved.

32 posted on 11/22/2008 12:25:21 PM PST by browardchad
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To: browardchad
From Article II Section 1: The executive Power shall be vested in a President of the United States of America.

From same section: "I do solemnly swear (or affirm) that I will faithfully execute the Office of President of the United States, and will to the best of my Ability, preserve, protect and defend the Constitution of the United States."

Are you telling me the President has no duty to preserve, protect and defend the Constitution (Remember foreign as well as domestic)? If there is probable cause that an elected candidate pertaining to Article II Section 1, is not natural or a proper citizen of the United States the executive Branch should just ignore it? Who will investigate? Who has the power? Congress with their oversight on a candidate not elected yet? A private citizen with limited resources? Or the Branch who is in charge of actually executing the laws?

It's the Presidents duty to put in effect and carry out the laws (Natural/citizen laws are already on the books). Look up the definition of preserve, protect and defend (In terms of the one who executes). Read the Constitution in plain text instead of making some excuse as to causing "political harm" if a President actually EXECUTES or INVESTIGATES a law ALREADY ratified since day one.

The Pres. can sure as hell investigate this if questions about ones proper back round arises. Also go to court or prosecute intent to deceive with evidence in hand and ask to force the accused to prove citizenship. All he or she would have to do is recite Article II Section 1, provide laws establishing citizenship at the time of the defendant's birth and lay down the evidence. Judges can always "punt" private lawsuits and the SC can just ignore appeals but a Executive Branch backed by the Legislative which wrote citizenship laws (Along with an already ratified clause in the Constitution) with evidence in hand makes a more powerful case and can cause all kinds of PROPER havoc of the one playing citizenship games.

Ditto with the natural citizen clause. Read the clause again: "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;" There are laws on the books on what constitutes "or a Citizen of the United States,"

Lawyers and SOME professional "Constitutional Scholars" have bastadrdized the meanings and simpleness of this document (Read the darn Federalist Papers for real understanding/intent) ignored specific laws passed by Congress (For example, pertaining to citizenship) and turned the 10th Amendment on it's ear. The Constitution is simple, those with an agenda pervert it to high heaven.

I am sick and tired of people who have a perception of the Judicial Branch usurping the other two while ignoring the plain meaning of the Constitution. It is time to cause havoc and EXECUTE the plain meaning because we sure as hell are perverting the letter and more importantly the spirit of the creation of Madison's handiwork.
33 posted on 11/22/2008 1:38:48 PM PST by rollo tomasi (Working hard to pay for deadbeats and corrupt politicians.)
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