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KEYES v OBAMA OPPOSITION to MOTION to Dismiss Case ; AND MEMORANDUM OF POINTS AND AUTHORITIES
Scribd ^ | September 21, 2009 | Orly Taitz

Posted on 09/21/2009 10:11:47 PM PDT by Red Steel

-Snip-

PLAINTIFFS’ PRELIMINARY RESPONSE TO DEFENDANTS’ MOTION TO

DISMISS, to be supplemented by filing Plaintiffs’ Second

Amended Complaint on or before October 2, 2009

Come now the Plaintiffs with this their Preliminary

Response toDefendants’ September 4, 2009, Document 56

Motion to Dismiss (with reservation of rights to Respond

further by filing Plaintiffs’ Second Amended Complaint

on or before Friday, October 2, 2009).

POLITICAL RELATIVITY vs. CONSTITUTIONAL ABSOLUTES: IS THE
POLITICAL QUESTION DOCTRINE VIABLE AS A MEANS TO
EVADECOMPLIANCE WITH UNVARIABLE STANDARDS?

Fundamentally, this case comes down to a single

bifurcated question question: (1A) does the constitution

mean what it says when it lays down absolute parameters,

such as the age and citizenship qualifications to be

President, and (1B) to whom does the investigation and

enforcement of this constitutional provision: to the

Congress, the People, or can the President get by merely

asserting his qualifications without presenting evidence

which would be competent as Summary Judgment

(admissible) evidence under Rule 56 of the Federal Rules

of Civil Procedure? The Plaintiffs have brought their

complaint as a matter of first impression to ask this

Court to determine, find, hold, and rule that the

investigation and enforcement of this right belongs to

the people, even members of a discrete and insular

minority of the people, even if this group lacks

majoritarian political power. Plaintiffs respond to the

Defendants’ Motion to Dismiss and ask this Court to

rule, pursuant to the First and Ninth Amendments that

they may sue to enforce constitutional absolutes, such

as the constitutional requirements for President of the

United States. Plaintiffs assert an inalienable,

reserved right to sue for Constitutional conformity in

this case even though they concede that the Defendants

have shown that primary, first line actions could and

should have been taken by members of Congress or the

Electoral College, pursuant to the Twelfth and

Twentieth Amendments for instance. Case

8:09cv00082DOCAN,Document 56, Filed 09/04/2009, Page 2o

of 32: Defendant’s Motion to Dismiss at 13, ll. 114. Of

course, what Congress must do in the case of obvious

electoral deadlocks or recognized and admitted problems

with qualification for office is not at all the point

raised by Plaintiffs’ complaint and evidence.

Plaintiffs’complaint and evidence allege and confirm

that the Presidency in 2008 was taken by fraud, and not

even by fraud in the counting of votes, but by fraud in

the traditional common law sense of a material

misrepresentation of an important fact upon which

Plaintiffs could be reasonably expected to rely to their

detriment, and to the detriment of constitutional

government. The Constitution’s textual commitment of

this responsibility is a responsibility that Congress

has embraced. Both the House and the Sentate have

standing committees with jurisdiction to decide

questions relating to Presidential elections. Idem:

Defendant’s Motion to Dismiss at 13, ll 1517. Where

Congress has done absolutely nothing to investigate or

prosecute a question, Defendants’ position appears to be

that this very inaction or acquiescence by Congress

creates a presumption of legitimacy. Apparently,

Defendants would have this Court believe, hold, rule,

and accept that utter and complete inaction, stony

silence even by the Vice‐President of an opposing party

sitting as President of the Senate during the

certification of the electoral vote to Congress pursuant

to 3 U.S.C. §15, is and must be sufficient to satisfy

the people that the President has met the Constitutional

qualifications for office. Idem: Motion to Dismiss at

1314.

Excerpted, more here: KEYES-v-OBAMA-69-OPPOSITION-to-MOTION-to-Dismiss-Case-AND-MEMORANDUM-OF-POINTS-AND-AUTHORITIES-IN-SUPPORT-OF-MOTION-56-filed-by-Plaintiff-Pamela


TOPICS: Crime/Corruption; News/Current Events
KEYWORDS: birthcertificate; certifigate; obama; orly; orlytaitz
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To: Old Sarge; darkwing104; 50mm; rabscuttle385
ZOT!


101 posted on 09/22/2009 7:59:15 AM PDT by paulycy (Screw the RACErs.)
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.


102 posted on 09/22/2009 8:05:19 AM PDT by novemberslady
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To: Cosimo de Medici

103 posted on 09/22/2009 8:09:54 AM PDT by Arrowhead1952 (Jimmy Carter - now the second worst POTUS ever. BHO [the LIAR] has #1 spot in his sights.)
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To: Arrowhead1952

Good job!


104 posted on 09/22/2009 8:12:34 AM PDT by stephenjohnbanker (Pray for, and support our troops(heroes) !! And vote out the RINO's!!)
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To: Frantzie

I’ve said before, this is NOT a one-woman-show!!!


105 posted on 09/22/2009 8:21:16 AM PDT by danamco
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To: stephenjohnbanker

I was going to call Cosimo de Medici a troll earlier today, but had something else to finish. Old Sarge and others pulled the ZOT before I got back.


106 posted on 09/22/2009 8:21:41 AM PDT by Arrowhead1952 (Jimmy Carter - now the second worst POTUS ever. BHO [the LIAR] has #1 spot in his sights.)
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To: jarofants; LucyT

It’s a relatively poor job. If the Judge hasn’t already made up his mind to deny the Motion to Dismiss, the paper doesn’t much help him. Fortunately, I think Orly has a Judge who has made up his mind. But the pleading is lousy.


107 posted on 09/22/2009 8:28:41 AM PDT by David (...)
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To: Safrguns
One of the arguments made was that if the courts do not act, then the people have no remaining recourse but armed revolution... which was pointed out as also being authorized in the constitution.

On what page, thanks???

108 posted on 09/22/2009 8:28:59 AM PDT by danamco
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To: Arrowhead1952

I called Sarge on the FReepaphone ;-)


109 posted on 09/22/2009 8:31:45 AM PDT by stephenjohnbanker (Pray for, and support our troops(heroes) !! And vote out the RINO's!!)
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To: Cosimo de Medici
Troll Cosimo de Medici:

KKK doesn't have these.


110 posted on 09/22/2009 8:33:12 AM PDT by Clinging Bitterly (He must fail.)
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To: American Constitutionalist

Luke 8:17....”For nothing is secret that will not be revealed, nor anything hidden that will not be known and come to light.”!!!


111 posted on 09/22/2009 8:35:37 AM PDT by danamco
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To: Mik Taerg

Do you think Photoshopping the weight, length, and width out and replacing it with birthplace makes you "clever"? Did you really sign up just last week to share how "clever" you are with us? FRiend, you are here. And that is a good start. Now please put the "cleverness" aside, read a bit, and learn. You are surrounded by folks who love God, Country, Family, and Neighborhood. You will be made welcome if you allow us to welcome you. And, over time, perhaps you'll discover "cleverness" is replaced by "wisdom". Good luck to you.


112 posted on 09/22/2009 8:35:51 AM PDT by so_real ( "The Congress of the United States recommends and approves the Holy Bible for use in all schools.")
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To: David; Fred Nerks; null and void; stockpirate; george76; PhilDragoo; Candor7; BP2; MeekOneGOP; ...
Thanks, David.

Image and video hosting by TinyPic

... to #107.

113 posted on 09/22/2009 8:36:52 AM PDT by LucyT
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To: matthew fuller
"that Buckwheat's August 2008"

I guess I'm the only one who thinks that's a racist comment. Right up there with step n'fetch it and the others. If so, I'll slink back into lurk mode.

114 posted on 09/22/2009 8:39:59 AM PDT by nufsed (Release the birth certificate, passport, and school records.)
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To: danamco

Pages 6 and 20.


115 posted on 09/22/2009 8:44:32 AM PDT by Safrguns
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To: Frantzie
I think there may be a lot more than we know going on in the background. There are a lot of wealthy people who have a lot invested in this Republic and society. They did not work all their lives to let some thugs from Chicago take this country down.

At the 9/12 rally, I was taken very much by the Chrysler Car Dealer, who was one of speaker, and said his dealership point blank was stolen from him and given to someone else!!!

116 posted on 09/22/2009 8:51:17 AM PDT by danamco
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To: American Constitutionalist
Does anyone get the feeling that a certain someone is looking out for us ?

Always. He promises, I will never leave you nor forsake you.

117 posted on 09/22/2009 8:52:54 AM PDT by Faith
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To: Faith
Philippians 3:10

10. That I may know him, and the power of his resurrection, and the fellowship of his sufferings, being made conformable unto his death;
118 posted on 09/22/2009 9:03:41 AM PDT by American Constitutionalist (There is no civility in the way the Communist/Marxist want to destroy the USA)
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To: thecraw

Interesting again, that Mabelle and great grand kids are NOT shown, hmmm???


119 posted on 09/22/2009 9:08:37 AM PDT by danamco
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To: danamco

At last count, 788 Chrysler Dealerships which donated heavily to Republicans were shut down by the corrupt Obama Oval Office, and too many were then handed (the units, etc.) to democrat donor dealerships. That is one of the most blatant examples of corrupt thuggery from democrats in offcie ever known and swept more than 100,000 people out of jobs! The Pres_ _ent is a lying affiramtive action thug, surrounding himself with marxist/fascist thugs of the same jib.


120 posted on 09/22/2009 9:09:28 AM PDT by MHGinTN (Dems, believing they cannot be deceived, it is impossible to convince them when they are deceived.)
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