Posted on 08/04/2009 3:21:40 AM PDT by Zakeet
Despite a congressional resolution affirming President Obama's U.S. birth and a reaffirmation of his birth certificate's authenticity from Hawaiian officials, media outlets continue to air frivolous allegations that the president was born in Kenya, rendering him ineligible for the presidency. Let's pretend, for just a moment, that the birthers had credible evidence that Obama was foreign-born. Then what would happen?
Resignation, impeachment, or nothing. If Obama stood his ground, and Congress stood by him, then the only way to legally remove him from office would be for someone to sue. Problem is, no one would have standing to bring such a lawsuit. To establish standing, a plaintiff must show that he has suffered an injury personal to him, that the defendant caused the injury, and that the court could provide a remedy. That turns out to be an impossible task.
Average citizens could not show a personalized injury because Obama's allegedly illegitimate presidency would impact everyone in roughly the same way. Courts invariably dismiss such claims, like the 1937 case alleging that Justice Hugo Black was ineligible to serve because as a member of Congress he had voted to increase the justices' salaries. Even membership in much smaller aggrieved groups generally doesn't work. The Supreme Court rejected a suit brought by parents of African-American children challenging the IRS's lax enforcement of anti-discrimination laws and another by legislators who claimed their voting rights were diluted by the line-item veto. In both cases, the communal nature of the injury precluded standing. Thus the lawsuit of Army Maj. Stefan Cook, who argued that his pending deployment to Afghanistan by an illegitimate president constituted a particularized injury, was doomed to failure. (The case was mooted when the Pentagon canceled his deployment.)
(Excerpt) Read more at slate.com ...
We would have a nation of men, not laws.
We have the reset button for the US Constitution, it’s called the violent application of the second amendment.
“A people unwilling to use extreme violent force to preserve or attain their liberty deserves the tyrant that rules them.” paraphrae from a founding dude.
This writer must be the dumbest human being on the entire planet. Seriously.
Just because so-called journalists don’t know the law, doesn’t mean our soldiers don’t know the law. They do. If anyone thinks the American military will voluntarily lay their lives on the line for someone born on foreign soil and LIED about it, has never met a soldier.
LOL
So we start challenging the validity of laws he’s signed.
Uh, excuse me, but I would think that most of us are capable of chewing bubble gum and walking at the same time. Obviously, this might not be the case for liberals.
I don’t think a sitting president can be arrested.
Ummm, did they forget about our military?
The legal process would be along the conceptual lines of a Writ of Mandamus, to compel the acknowledgement, by the electoral qualifiers (the Speaker of the House and the President of the Senate), that Obama did not meet the Constitutional requirements based on the evidence discovered, and thereby retroactively disqualify him based on his defrauding of Congress.
Whether they would obey such an order is another question, because it brings up the whole separation of powers thing. On the other hand, since the centerpiece of the legal action would be the specific directions of the Constitution itself towards these members of Congress directly, their defiance would not actually be against the SCOTUS, but against the Constitution, and so these duly elected Congressional defiers would be in violation of their sworn duty, and subject to impeachment.
Why would they?
“WHAT IF ZERO WAS REALLY BORN IN KENYA?”
In my opinion he was born in a hut in a remote area of Kenya, and has no birth certificate. I Doubt if he knows what his real birth date is. This has already been thought out by his big money, anti-American handlers. If there is no birth certificate, he cannot produce one, thus the Hawaii short form farce.
The only problem with that is that the pretender CHOSE Biden the Mouth. I think Jim Thompson’s suggestion is valid. Go straight to H Clinton (barf). Ofcourse this would all take place AFTER the 2010 Elections. If a concerted effort the Dummies could be sweep from Control of Congress. Then the American People could make known who they wanted as Speaker. That person would then be eligible.
Whatever gets the job done....
At the very least it would mean a crippled, ridiculed presidency with no chance of reelect and the MSM would have egg on its collective face. I’m good with all that.
There is nothing concealed that will not be disclosed, or hidden that will not be made known. Luke 12:2
Well, that's an interesting turn of events.
Perhaps.
I am not ready to lie down and give them tacit approval to pass it. If everyone does that, then yeah, it will get passed.
You do know that they are hearing those who disagree? They won’t admit it, but Obama admitted as much just a week or so ago when he made the statement at one of his ridiculous meetings that “You need to get out and let people know you approve of health care reform...we are only hearing one side of it...”
It is a tacit acknowledgement that the letters and polling is going against them. It may amount to nothing, but we shall see.
So I disagree. Don’t just lay down and let him and his ilk do what they want.
I think it’s interesting that the media is even beginning to consider the possibility, but I think the Dem party considered the possibility a long time ago and already has a strategy in place.
I think (if undeniable evidence emerges) that Obama will get off the hook by saying he didn’t know, he just went by what his mother and grandparents told him, etc. Of course, they’re all conveniently dead. But a lip-biting, moist-eyed appearance by Obama, probably blaming his dead white grandmother, would make the media and half of the country swoon, and there’d be no consequences to him.
If it can be proved that he did know, then I think they will take the approach that the law is ambiguous on what “natural born” means. Constitutional precepts always have to be defined and implemented by laws. This is why you have the Supreme Court - to decide on whether or not a particular law expresses the intention of the more general precept in the Constitution.
The law in effect at the time of Obama’s birth would actually have excluded him from being a natural born citizen (that is, considered to automatically be a citizen from birth) because he was born outside of the country to one foreign parent and another parent who had NOT been in the country for 5 years after the age of 14. His mother was only 18 at the time of his birth.
However, a subsequent law lowered the age to 2 years and I think no time period is even specified in current law. So I think the applicability of these laws is what would have to go before the court.
I don’t think Congress could simply declare him to be a citizen at birth, however. That is, they could declare it, but it would still be meaningless.
*hit the SEND button too fast*
Once the military turns his back on him, he’s toast. Because he won’t be able to fulfill the most important element of his job. Which is to protect the United States. (by that time, he’ll NEED his own personal army, I’m thinking....)
I was an agnostic on this, at first. But now, this thing is emitting an odor like a tuna slipped out of the net. Sitting on the dock for about four days or so. It’s starting to smell bad.
For a long while, I figured this was a bunch of small, bureaucratic, messy mistakes. But the more you learn, the worse it gets. I no longer think it’s a bunch of little things. I think it could be one big thing: We could have an illegal immigrant in the White House.
I hope I’m wrong.
Because if I’m right, and it’s not disclosed, the news is not good, folks. It means our CIC is a candidate for foreign and domestic BLACKMAIL.
It also means something equally bad: That this man’s ego is so large, as to put our troops in harm’s way, even more than they are.
Gitmo has taught us about enemy combatants, which are defined as those fighting under no legitimate authority. They can be picked up on the battlefield, with NO Geneva Convention protections. If Obama is not a legitimate CIC, he is exposing every single one of our soldiers to that. Except they won’t be picked up by “Americans.” They will be grabbed by the Taliban, and can be tortured or killed, without fear of international action.
Obama had better be legal.
When did this happen?
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