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To: Drew68

Kerchner publicly argued 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.”


33 posted on 11/30/2009 7:53:18 AM PST by danamco
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To: danamco

#33 - awesome post danamco. And so true. What is the function of the Judiciary? To uphold the Constitution of the United States of America. PERIOD. They must apply the laws of the Constitution to every single case they hear and make their judgements accordingly. This case is so simple. But as usual, the author of confusion is always Satan himself. That’s why I brush over what the trolls on this site always have to say. They post crap meant only to confuse topped off with sarcasm. Good rule of thumb - IGNORE. CO


37 posted on 11/30/2009 10:06:30 AM PST by Canadian Outrage (Conservatism is to a country what medicine is to a wound - HEALING!!)
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To: danamco

In other words, the supreme court itself is treasonous, according to the two premises that Justice Marshall lays out.


42 posted on 11/30/2009 1:50:05 PM PST by ichabod1 ( I am rolling over in my grave and I am not even dead yet.)
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