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Judge tosses out Army captain's complaint questioning president's birth.
http://www.ledger-enquirer.com/news/breaking_news/story/841419.html ^

Posted on 09/16/2009 9:22:01 PM PDT by Fizziks

U.S. District Court Judge Clay Land tossed out on Wednesday a complaint by an Army captain fighting deployment to Iraq by questioning the legitimacy of President Barack Obama.

Land also put attorney Orly Taitz, who represents Capt. Connie Rhodes and is a leader in the national “birther” movement, on notice by stating that she could face sanctions if she ever again files in his court a similar “frivolous” lawsuit — a document that at one point the judge states that a middle school student could find irony in.


TOPICS: Government; News/Current Events; Politics/Elections
KEYWORDS: birthcertificate; birthers; certifigate; connierhodes; orlytaitz
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1 posted on 09/16/2009 9:22:01 PM PDT by Fizziks
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To: Fizziks

bummer

Probably not the last we hear about this, however.


2 posted on 09/16/2009 9:25:12 PM PDT by Kevmo (So America gets what America deserves - the destruction of its Constitution. ~Leo Donofrio, 6/1/09)
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To: Fizziks

I don’t understand why the so-called ‘Birthers’ are going after 0bama’s place of birth.
They would do far better to raise the question whether or not 0bama is eligible to be president as someone who has had dual citizenship, and whether or not he lost US citizenship at any point, or if his dual citizenship negates “natural born citizen” status.

An argument can certainly be made that the framers’ intent was that anyone seeking office of the President have citizenship and loyalty only to the United States of America (unless they were born before the adoption of the US Constitution.)


3 posted on 09/16/2009 9:27:50 PM PDT by counterpunch (In this present crisis, government is not the solution to our problem. Government is the problem.)
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To: Fizziks

It appears the Bilderberg group has everyone in their pockets.

We still have hope in CA. Let’s pray that judge remains safe.


4 posted on 09/16/2009 9:28:34 PM PDT by humble and shy (Taking our country back, one corrupt politician at a time)
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To: Fizziks
Are you kidding?? No one is touching this, Birther stuff is poison.
5 posted on 09/16/2009 9:30:08 PM PDT by sickoflibs ( "It's not the taxes, redistribution is the government spending you demand")
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To: sickoflibs

You mean upholding The Constitution is poison if you are part of the elites in control.

Hopefully Judge Carter, the Marine, will uphold his oath to The Constitution.


6 posted on 09/16/2009 9:34:44 PM PDT by Frantzie (Do we want ACORN running America's healthcare?)
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To: Fizziks
“It would appear that ample opportunity existed for discovery of evidence that would support any contention that the president was not eligible for the office he sought,” Land says.

That's a good point, it was mccain’s and the RNC responsibility to demand prof of obumbers eligibility. But mccain just wanted to be civil, that is Bush's legacy. Normally one would expect the media to demand documents, but now we see that is only a tactic they use on pols they do not support.

7 posted on 09/16/2009 9:39:57 PM PDT by JoSixChip (The only thing broken in this country is the government.)
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To: Fizziks

I am ashamed that we have not one judge in this land that will stand up for the country.


8 posted on 09/16/2009 9:40:50 PM PDT by Rocketwolf68 (Bring back the crusades)
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To: sickoflibs
Are you kidding?? No one is touching this, Birther stuff is poison.

Apparently, Sarah Palin feels the same way you do. Birthers who go on her Facebook page to post and question the constitutional validity of Obama to be POTUS were immediately banned. I went on there and posted, "The emperor has no birth certificate"... was ZOTTED immediately.

9 posted on 09/16/2009 9:42:44 PM PDT by dit_xi
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To: JoSixChip

There was also ample opportunity for Soetero to produce some evidence that he is here legally. Shame some CIA guys couldn’t put their noggins together on this one.


10 posted on 09/16/2009 9:45:34 PM PDT by Rocketwolf68 (Bring back the crusades)
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To: JoSixChip

“In his order, Land states in a footnote that Obama defeated seven opponents in a “grueling” primary campaign that cost the contenders more than $300 million. Obama then moved on to the general election, where he faced Sen. John McCain, who Land states got $84 million to wage his campaign.

“It would appear that ample opportunity existed for discovery of evidence that would support any contention that the president was not eligible for the office he sought,” Land says.”

Guess I should have included the entire quote.

That’s a good point, it was mccain’s and the RNC responsibility to demand prof of obumbers eligibility. But mccain just wanted to be civil, that is Bush’s legacy. Normally one would expect the media to demand documents, but now we see that is only a tactic they use on pols they do not support.


11 posted on 09/16/2009 9:46:24 PM PDT by JoSixChip (The only thing broken in this country is the government.)
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To: sickoflibs

Who made it poison? Why be such a Scaredy Cat


12 posted on 09/16/2009 9:47:48 PM PDT by antonia (A nation of sheep will beget a government of wolves. - Edward R. Murrow)
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To: sickoflibs

Yeah. The Constitution is not worth the effort.


13 posted on 09/16/2009 9:53:12 PM PDT by Goreknowshowtocheat
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To: dit_xi

Strange. I wonder why? I would have thought Sarah would be willing to look at/consider the idea.


14 posted on 09/16/2009 9:57:16 PM PDT by Humal (`)
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To: dit_xi

This is one of this otherwise stellar lady’s very few glaring shortcomings. If I had my druthers she wouldn’t even be calling the Bummer “President Obama” but only “Mr. Obama.” She accepts the popular status quo a bit more easily than is justified. She could well state that she doesn’t want her personal forums used for this debate without the need to zot her well-wishers. She has no more proof than you or I that Obama is the real McCoy.


15 posted on 09/16/2009 9:59:53 PM PDT by HiTech RedNeck (Unashamed Sarah-Bot.)
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To: JoSixChip

Basically it’s the Twitter defense.


16 posted on 09/16/2009 10:01:18 PM PDT by HiTech RedNeck (Unashamed Sarah-Bot.)
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To: Fizziks
frivolous lawsuit

That grates on me - frivolous.
17 posted on 09/16/2009 10:01:29 PM PDT by presently no screen name
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To: Fizziks

CLAY D. LAND is a candidate for impeachment but our corrupt government will not police itself.

The decision is a real bummer in that it punishes the plaintiff with the recovery of legal costs.

from the decision...

“Finally, Plaintiff has failed to establish that the granting of the temporary restraining order will not be adverse to the public interest. A spurious claim questioning the President’s constitutional legitimacy may be protected by the First Amendment, but a Court’s placement of its imprimatur upon a claim that is so
14 lacking in factual support that it is frivolous would undoubtedly disserve the public interest.

For all of these reasons, the Court finds that Plaintiff’s
motion for a temporary restraining order should be denied.
CONCLUSION For the reasons previously stated, Plaintiff’s motion for a temporary restraining order is denied and Plaintiff’s complaint is dismissed in its entirety.

Defendants shall recover their costs from Plaintiff.

See Fed. R. Civ. P. 54(d).

IT IS SO ORDERED, this 16th day of September, 2009.
S/Clay D. Land

CLAY D. LAND
UNITED STATES DISTRICT JUDGE”


18 posted on 09/16/2009 10:18:45 PM PDT by UnChained (DNC slogan: "You can fool some of the people all of the time, and that's good enough")
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To: counterpunch
An argument can certainly be made that the framers’ intent was that anyone seeking office of the President have citizenship and loyalty only to the United States of America (unless they were born before the adoption of the US Constitution.)

The framers' intent was to keep Alexander Hamilton out of the office.

If anyone has a legal basis for some of the more creative legal theories that have been advanced, I'd love to see them. Otherwise, they are just following the liberals down the 'judicial activism' path.

19 posted on 09/16/2009 10:31:39 PM PDT by PAR35
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To: Rocketwolf68
"I am ashamed that we have not one judge in this land that will stand up for the country."

The corruption runs very deep in this country. I wonder if it is even possible to save it.

20 posted on 09/16/2009 10:38:15 PM PDT by Nathan Zachary
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To: Fizziks

According to this judge anyone can be president of the U.S. since they don’t have to provide proof of citizenship. How does one say, “president schwarzenneger”?


21 posted on 09/16/2009 11:25:32 PM PDT by taxesareforever (Release Staff Sgt. Frank Wuterich and let him and his family get on with their lives.)
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To: JoSixChip
Ample opportunity existed...

That's a great ruling. When the next serial murderer comes to trial, I hope the defense remembers that line.

22 posted on 09/16/2009 11:35:44 PM PDT by JoeA (JoeA / welcome to the Second American Revolution)
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To: taxesareforever
According to this judge anyone can be president of the U.S. since they don’t have to provide proof of citizenship. How does one say, “president schwarzenneger”?

Exactly!

23 posted on 09/16/2009 11:36:06 PM PDT by antonia (A nation of sheep will beget a government of wolves. - Edward R. Murrow)
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To: dit_xi

That’s not good. Obama has not produced anything that really says who he is and has gone to extrordinary lengths to hide whoever he is.

The politicians and others can ignore this; but it leads me to believe not many of them are honest and more to the point they are not being honest with the people if they allow Obama to get away with it.


24 posted on 09/17/2009 2:48:31 AM PDT by freekitty (Give me back my conservative vote; then find me a real conservative to vote for)
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To: freekitty

In other words, it is a lot more than Obama being eligible or not. It is shouting corruption everywhere.


25 posted on 09/17/2009 2:51:21 AM PDT by freekitty (Give me back my conservative vote; then find me a real conservative to vote for)
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To: dit_xi; Goreknowshowtocheat; antonia; Frantzie
RE :”Apparently, Sarah Palin feels the same way you do. Birthers who go on her Facebook page to post and question the constitutional validity of Obama to be POTUS were immediately banned. I went on there and posted, “The emperor has no birth certificate”... was ZOTTED immediately.

LOL, thanks for the info. good laugh to start the day. The Palin-ers vs the Birthers !

This is just common sense. The first AA president and they want to challenge him on where he was born. Perfect food for the race baiters, every night on cable TV they say: “They don't care about the issues, it's all about a black man elected president”

Cut the constitution crap, if the shoe were on the other foot MSNBC would be crying ‘constitution’ and you ‘constitutioners’ would be defending McCain or whoever was republican.. Where were you constitutioners when the supreme court violated the US constitution in Bush vs Gore?

26 posted on 09/17/2009 5:03:53 AM PDT by sickoflibs ( "It's not the taxes, redistribution is the government spending you demand")
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To: Fizziks

I know my work will be cut out for me years after Obama is gone re-editing Wiki and any other online history sites about the failed Black President of the 2008 election.

I just cannot understand the reason for trying to build an image based on lies.

The truth cannot be buried forever.


27 posted on 09/17/2009 5:11:37 AM PDT by Eye of Unk ("If there must be trouble, let it be in my day, that my child may have peace." T. Paine)
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To: antonia; dit_xi; Goreknowshowtocheat

Dont get me wrong, I dont care about individuals bring lawsuits. It’s that the birther movement has a ‘crackpot’ stigma , easily turned into a ‘racist’ stigma as it has been, that requires that anyone in any responsible position publically disown it. Just dont act disappointed when the court cases fail as they are all likely to. He was elected. No judge will throw out the election after months in office because of where he might be born.

Better to pass a law with a specific verification test a court can use prior to taking of office, and no the law cant be retro-active LOL


28 posted on 09/17/2009 5:13:25 AM PDT by sickoflibs ( "It's not the taxes, redistribution is the government spending you demand")
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To: sickoflibs

Hey troll stop cross posting to me.


29 posted on 09/17/2009 5:32:40 AM PDT by Frantzie (Do we want ACORN running America's healthcare?)
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To: Frantzie

RE :”Hey troll stop cross posting to me.”

Hey, crackpot, you pinged me first.


30 posted on 09/17/2009 5:34:34 AM PDT by sickoflibs ( "It's not the taxes, redistribution is the government spending you demand")
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To: Fizziks
Obama then moved on to the general election, where he faced Sen. John McCain, who Land states got $84 million to wage his campaign.

That is a drop in the bucket compared to what the usurper illegally harvested from overseas contributors

The ruling stinks to high heaven and it sounds like a copy of what the Barry's SS-troopers are arguing with judge Carter for dismissal!

Like the media outlets got a "phone call" so did judge Land!!

A new "After-Birther" was born in Georgia!!!

31 posted on 09/17/2009 7:29:12 AM PDT by danamco
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To: humble and shy
This issue is NOT going away. I would think there are a bunch of others in the armed forces who think and believe the same as Capt. Rhodes!!!

Are there any here who has close connection with our soldiers who can verify this???

32 posted on 09/17/2009 7:34:39 AM PDT by danamco
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To: JoSixChip

Mclame was not eligible either!!!


33 posted on 09/17/2009 7:35:58 AM PDT by danamco
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To: Rocketwolf68

Even the SCOTUS got an unreported visit from the usurper/biden, hmmm???


34 posted on 09/17/2009 7:37:59 AM PDT by danamco
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To: dit_xi; Hypo

Beck may be onto another Canada Free Press Story that they were working with North East Intelligence.

They have documents and testimony of Major News anchors from major Networks that were threatened by Obama Administration staff, NOT to bring up the BC or Natural Born Citizen issue.

Great interview in archives at Laurie Roth (3 hours long), but I highly recommend it. They state that they are storing documents in the US and copies in Canada, and maybe one other Country, if I remember correctly. The investigator is no amateur.

part 1
http://www.therothshow.com/demos/recent/hour1Aug0709.mp3

part 2
http://www.therothshow.com/demos/recent/hour2Aug0709.mp3

part 3
http://www.therothshow.com/demos/recent/hour3Aug0709.mp3

(and Northeast Intelligence intro and documentation at link below)

“4 August 2009: Do you remember Watergate? Thirty-five years ago this Sunday, U.S. President Richard M. Nixon submitted his letter of resignation for his role in the scandal. There was the crime - the break-in, and then there was the cover-up by the Nixon administration. There were threats, media manipulation and disinformation. It was the cover-up more than the crime itself in the aftermath of the Watergate break-in that led to the downfall of the Nixon administration. It was a politically critical time for our country, but we survived because of the strength of the U.S. constitution. “

http://homelandsecurityus.com/?p=2966


35 posted on 09/17/2009 7:45:56 AM PDT by danamco
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To: JoSixChip
But mccain just wanted to be civil

Nope! McCain was not born on US soil so he knew that if he pursued Hussein's eligibility, his eligibility would also be questioned. He knew that either way it would not turn out well for him...
36 posted on 09/17/2009 8:31:56 AM PDT by thecraw (Follower of Jesus...American...Tennessean...Birther! You Betcha!)
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To: danamco

I think the judge was totally po’d at the fact Orly can’t write a brief or a motion correctly. She came off as a little over the top in this Motion. An attorney can’t call the defendent’s names or imply behavior.

Even if Orly had written this thing correctly, the judge would have thrown it out. Most of them are liberal and most don’t want to lose their jobs or be singled out as the one to go against the Big O. That’s why I hope this judge in CA does what we are hoping he does, and now that Orly has to work with the other Counsel, perhaps more convincing legal arguments will be spelled out, not ones based on emotion and “ubsubstantiated” facts. Her heart is in the right place but she has to learn the rules of conduct before a judge. “Just the facts, Jack”. That the first thing we learn as paralegals - keep the emotion out of it. Convince the court on facts.

You know what I would like to see? More breach of the Constitution cases brought against the Secretary of States and the Electorates for not vetting the candidates properly. I would also like to a lawsuit againt Nancy Pelosi for breach of constitutional law when she submitted the Nomination for Barack and Biden without the words confirming he was eligible for the Presidency. Why, in God’s name, were there two documents in the first place? Where are our constitutional law attorneys right now? Why can’t we file a class action suit as Americans against this President and Congress? We have all been hurt by his presidency. All of us, as well as our the next 3 generations, are in debt to our eyeballs because of him. We, as a nation, are losing our jobs, our farms, our banks, our money. I say we’ve been harmed and we now have standing.

Any attorneys out there ready to take this on? I’ll sign up. My livelyhood and my very existence, my health, lies in this man’s and Congress’ hands. There has to be something we can do as a nation to redress our grievances.

Sorry. Long post. I’m just fed up.


37 posted on 09/17/2009 11:56:17 AM PDT by humble and shy (Taking our country back, one corrupt politician at a time)
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To: sickoflibs
Where were you constitutioners when the supreme court violated the US constitution in Bush vs Gore?

You have made it clear that you did not stand with our Florida Freepers who stayed, watched and insisted that those recounts were counted legally. There were 6-7 recounts and media recounts, some after the SCOTUS ruling, and Gore lost every one....

38 posted on 09/17/2009 1:30:42 PM PDT by antonia (A nation of sheep will beget a government of wolves. - Edward R. Murrow)
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To: antonia
RE :”You have made it clear that you did not stand with our Florida Freepers who stayed, watched and insisted that those recounts were counted legally. There were 6-7 recounts and media recounts, some after the SCOTUS ruling, and Gore lost every one

Now don't make up a straw argument to defeat. I said nothing about any of that,

I only said that the ruling violated the US constitution that specifically GIVES the election decisions to the states, (the Voting Rights Act is questionable too). The Federal government is not granted that power. Nor is there a right to vote. Read your constition before you claim your sole argument is 'the constitution'

BTW : The Freepers had very strong feelings on who they wanted to win, maybe that is not the best argument to use.

39 posted on 09/17/2009 1:42:13 PM PDT by sickoflibs ( "It's not the taxes, redistribution is the government spending you demand")
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To: sickoflibs
 RE :”You have made it clear that you did not stand with our Florida Freepers who stayed, watched and insisted that those recounts were counted legally. There were 6-7 recounts and media recounts, some after the SCOTUS ruling, and Gore lost every one

# 39 sickoflibs wrote: "Now don't make up a straw argument to defeat. I said nothing about any of that,"

What's the matter with you? Who do you think that you are kidding? Here in your post # 26 on this thread, last line, sickoflibs wrote" Where were you constitutioners when the supreme court violated the US constitution in Bush vs Gore? "

 

40 posted on 09/17/2009 1:55:17 PM PDT by antonia (A nation of sheep will beget a government of wolves. - Edward R. Murrow)
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To: Nathan Zachary

I think so. But much, and I repeat MUCH, will have to be swept aside (jail time? Ceaucescu?). Attitudes, expectations, “it’s always been this way”, “we’ve always done it this way”, etc.


41 posted on 09/17/2009 1:56:20 PM PDT by little jeremiah (Asato Ma Sad Gamaya Tamaso Ma Jyotir Gamaya)
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To: antonia

Guess “sickoflibs” is lying about his/her screen name. Maybe should be “slicklib”?


42 posted on 09/17/2009 1:57:20 PM PDT by little jeremiah (Asato Ma Sad Gamaya Tamaso Ma Jyotir Gamaya)
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To: antonia
You are pretty good at cutting and making stuff up(were you counting those ballots too?), your editor missed the real text I wrote:

Now don't make up a straw argument to defeat. I said nothing about any of that,I only said that the ruling violated the US constitution that specifically GIVES the election decisions to the states, (the Voting Rights Act is questionable too). The Federal government is not granted that power. Nor is there a right to vote. Read your Constitution before you claim your sole argument is ‘the constitution

You could win any debate by editing the debate tapes too. Brilliant!

43 posted on 09/17/2009 2:02:47 PM PDT by sickoflibs ( "It's not the taxes, redistribution is the government spending you demand")
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To: sickoflibs

You introduced the the straw argument, you can take the heat for it.


44 posted on 09/17/2009 2:09:44 PM PDT by antonia (A nation of sheep will beget a government of wolves. - Edward R. Murrow)
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To: antonia

What heat? You mean fellow birthers?? Who cares??


45 posted on 09/17/2009 2:11:36 PM PDT by sickoflibs ( "It's not the taxes, redistribution is the government spending you demand")
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To: PAR35
The framers' intent was to keep Alexander Hamilton out of the office.

Where did you get that idea?

46 posted on 09/17/2009 2:41:17 PM PDT by antonia (A nation of sheep will beget a government of wolves. - Edward R. Murrow)
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To: sickoflibs
no the law cant be retro-active LOL

The Superfund Law retroactively imposed strict, joint, and severe liability on firms that disposed of wastes long before the bill was passed in 1980. Bill Clinton's retroactive tax increase in 1993, is the most obvious. In fact, as retroactive tax increases go, Clinton's was not so bad and certainly not unprecedented. There have been far, far worse retroactive tax increases. In the early 1980s, Congress created a tax deduction to encourage people to sell stock in a company to that company's employee stock option plan (ESOP). To get the benefit of that deduction, Jerry W. Carlton, the executor of the estate of Willametta K. Day, sold stock to an ESOP at a loss. Engaging in what Justice Antonin Scalia later called "bait and switch" taxation, Congress in 1986 repealed the tax deduction and applied the repeal retroactively, costing the estate more than $600,000. Justice Scalia's comment notwithstanding, the Supreme Court unanimously upheld the government's assessment of the tax.

So, I guess that you might agree with me sickoflibs, that the Supreme Court, the Congress and even the President have and continue to often ignore the US Constitution. Do you believe that that is a good thing?

 

47 posted on 09/17/2009 3:30:29 PM PDT by antonia (A nation of sheep will beget a government of wolves. - Edward R. Murrow)
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To: humble and shy
You know what I would like to see? More breach of the Constitution cases brought against the Secretary of States and the Electorates for not vetting the candidates properly. I would also like to a lawsuit againt Nancy Pelosi for breach of constitutional law when she submitted the Nomination for Barack and Biden without the words confirming he was eligible for the Presidency. Why, in God’s name, were there two documents in the first place? Where are our constitutional law attorneys right now? Why can’t we file a class action suit as Americans against this President and Congress? We have all been hurt by his presidency. All of us, as well as our the next 3 generations, are in debt to our eyeballs because of him. We, as a nation, are losing our jobs, our farms, our banks, our money. I say we’ve been harmed and we now have standing.

Any attorneys out there ready to take this on? I’ll sign up. My livelyhood and my very existence, my health, lies in this man’s and Congress’ hands. There has to be something we can do as a nation to redress our grievances.



Thanks for the really great post!
I couldn't find out what happened with this case. Does anyone know? PRLog (Press Release) – Nov 10, 2008 – On October 27, 2008

Obama Presidency Challenged By New Jersey Voter re:"natural born citizen" - Before US Supreme Court

While raising it as an ancillary issue, Plaintiff in this case didn't rely upon questioning Obama‘s birth certificate as the core Constitutional issue.  Rather, he alleges that even if Obama was born in Hawaii, he was born to a Kenyan national father and is therefore not eligible to be President due to having dual loyalties at birth and split jurisdiction at the time of his birth.

The cause of action first accrued on September 22, 2008, when Secretary Wells certified to county clerks, for ballot preparation, a written "statement", prepared under her seal of office, that was required by statute to contain names of only those candidates who were "by law entitled" to be listed on ballots in New Jersey.  The statement is demanded by N.J.S.A. 19:13-22.

The law suit raises a novel contention that the statutory code undergoes legal fusion with the Secretary's oath of office to uphold the US Constitution thereby creating a minimum standard of review based upon the "natural born citizen" requirement of Article 2, Section 1, and that the Supremacy clause of the Constitution would demand those requirements be resolved prior to the election.

The key fact, not challenged below, surrounds two conversations between the plaintiff-appellant and a key Secretary of State Election Division official wherein the official admitted, twice, that the defendant-Secretary just assumed the candidates were eligible taking no further action to actually verify that they were, in fact, eligible to the office of President.  These conversations took place on October 22nd and 23rd.  

Plaintiff-Appellant then initiated the litigation process on Monday, October 27th.

 

48 posted on 09/17/2009 3:47:44 PM PDT by antonia (A nation of sheep will beget a government of wolves. - Edward R. Murrow)
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To: antonia

I’ve actually studied history.


49 posted on 09/17/2009 4:45:07 PM PDT by PAR35
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To: danamco

I am waiting for it’s strength. Long wait.


50 posted on 09/17/2009 6:06:39 PM PDT by Goreknowshowtocheat
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