Supremes looking at eligibility, again

Those are reasonable ideas but is doesn't address my question in post #31 what would that freeper do to prove BO/BS is ineligible.

Even if Birthers could ever prove their case, they would have to make it in Congress. Which is one of the bushel basket full of reasons that Birther lawsuits always lose. You have file in the Court that has the authority to grant the relief you want. And that Court is the United States Senate. And even to get there, you have to have a majority of the House of Representative vote an impeachment. So the best thing a Birther can do is try to elect Republicans to Congress.

If, after the election, Birthers really want a day in Court, they should form a political party, and get on the ballot for President in 2012. Not everywhere, but in at least three states. Study up on state election law, and balance ease of access to the ballot, versus the rules governing ballot access lawsuits.

Then, the Birther candidate can sue BO, to keep him off the ballot, based on the theory he was born in Kenya, in Canada, in orbit around Rigel 7, or whatever theory is fashionable in Birther circles at the time. Don't get me wrong, I think they will lose on the merits. But they will have a chance to litigate on the merits, as Candidate A v. Candidate B, and not get poured out on procedural grounds as Disgruntled Conspiracy Theorist v. POTUS.

The Constitution vests Congress with sole authority to count the votes of electors, and decide who was elected President, and the sole authority to remove elected Federal Officers from office. So only Congress can remove BO from office.

The main body of the Constitution details the roles of those three branches of government. However there is a fourth branch reserved to the people and detailed in the Bill Of Rights, passed two years (1791) after the main body. The only place a grand jury is mentioned in the Constitution is in the Bill of Rights. It is not mentioned in the main body. The founding fathers did not do so by accident. They understood the necessity of granting the people of the power of the Grand Jury to keep in check a runaway government as we have currently. It is also known as a citizen's grand jury or runaway jury because the people have authority over the other branches through the Grand Jury. This powerful provision clearly establishes the court system as the mechanism for the people to use against the federal government.

Even if Birthers could ever prove their case, they would have to make it in Congress.

If that were true then BO's/BS's henchmen would have made that point from day one in the first lawsuit. Either his thugs have not made such an argument before any court or if they did it was rejected by the court. Also if this was true then at least one of the Judges who have ruled on the numerous lawsuits would have unequivocally made such a conclusion. Instead the rulings have been based primarily on the issue of standing or some other reason. None have told the parties involved this can only be resolved by Congress.

I understand and agree with your point about an objection...but, from what I read, for the Presidential session [what ever that is called] there is a formal bit that is to be read by the VP/Senate President Pro-tem [?] Sorry- read this a long time ago, and PTA Parliamentary Procedure does not cover this!!

Youtube has video of Cheney reading this formal objection request in ‘04... and nothing said in ‘08. So even if a member could call point of order with an objection, the VP’s duty is clear. Also, if you watch the video [sorry no link handy] it was a lickety split process. Truthfully, the time for a stunned member to realize the wave wasn’t working and Cheney striking the gavel was very, very quick.

The only place a grand jury is mentioned in the Constitution is in the Bill of Rights... It is also known as a citizen's grand jury or runaway jury because the people have authority over the other branches through the Grand Jury. This powerful provision clearly establishes the court system as the mechanism for the people to use against the federal government.|

I'm sorry. I thought perhaps you were a serious person, and had asked me a serious question. My error. You, and Walter Mitty, and the rest, can can go play make believe Grand Jury, or play make believe litigation with Orly Taitz, or plead your case with the Justice League:

Give my regards to Wonder Woman. Perhaps you can have her put her golden lasso around BO, and make him tell the truth.

Meanwhile, Freepers who want to do something constructive, and and not play make believe, will work in the upcoming election.

I'm sorry. I thought perhaps you were a serious person, and had asked me a serious question. My error

You should be sorry for not understanding the Constitution. Apparently the socialists/marxists agenda to dumb down the schools by not teaching U.S. History, specifically the Constitution, has worked on you thereby reducing yourself to Walter Mitty.

You conveniently ignored my point regarding those court cases involving lawsuits regarding BO's/BS's eligibility where his henchmen demanded the court dismiss the case on the grounds the matter belongs in Congress or a judge ruled the matter belongs in Congress. Can you find those cases to buttress your claim it belongs in Congress or are you pulling a Walter Mitty?

Can you find those cases to buttress your claim it belongs in Congress

I can do a lot better than case. Let us read from the Constitution, which Birthers prattle about a lot, without, apparently, ever having read it.

Art I, Sec 2: The House of Representatives shall chuse their Speaker and other Officers; and shall have the sole Power of Impeachment.

Art.I, Sec 3: The Senate shall have the sole Power to try all Impeachments. When sitting for that Purpose, they shall be on Oath or Affirmation. When the President of the United States is tried, the Chief Justice shall preside.

That is the full story. Congress removes the President from office, and nobody else. Period. Ever. It is 2 + 2 = 4 simple. Has Congress failed in its responsibilities by first certifying BO as President Elect, then not impeaching him, because of (insert your favorite wack-a-doodle Birther theory here)? I don't think so, but even if it has, that doesn't change the Constitution. Congress, and Congress alone, can act on Birther theories. Which means a Birther with any sense will work very hard to elect Republicans to Congress.

I can do a lot better than case. Let us read from the Constitution, which Birthers prattle about a lot, without, apparently, ever having read it.

BO's/BS's henchmen would have been the first to cite the Constitution in court, during anyone of the lawsuits, if it would have helped them convince the court the lawsuit should be dismissed on the grounds his eligibility should instead be decided by Congress. It should be no problem for you to cite those court cases.

Art I, Sec 2: The House of Representatives shall chuse their Speaker and other Officers; and shall have the sole Power of Impeachment.

Art.I, Sec 3: The Senate shall have the sole Power to try all Impeachments. When sitting for that Purpose, they shall be on Oath or Affirmation. When the President of the United States is tried, the Chief Justice shall preside.

That is the full story. Congress removes the President from office, and nobody else. Period. Ever. It is 2 + 2 = 4 simple.

There is one major flaw in your example. Only a President can be impeached. BO/BS canot be impeached because he is not President since he has not proven he is a natural born citizen per Article 2 Section 1. Following the procedures you cite would be admitting BO/BS is legitimately President and therefore a natural born citizen. That is not the case. Consequently Article 1 Sections 2 and 3 do not apply. BO/BS can be tried for treason through the judicial process. Have you cited those cases yet?

Only a President can be impeached. BO/BS canot be impeached because he is not President

He's not? Cool. I see I have underestimated the power of make believe. Birthers can just say something, like "BO is not President", then *PRESTO* via the power of make believe, its true!

Or, perhaps not. A brief trip to the White House's webpage shows that as of this afternoon "Barack H. Obama is the 44th President of the United States". So BO is still President, despite all the make believe.

Freepers, if you want to play make believe, God love ya. Texas has a small band of knuckleheads who make believe that it is a Republic, not one of the several states. England and Spain have folks who claim to make believe that a Stuart, or Carlist, not Elizabeth, or Juan Carlos, is the monarch.

Birthers are free to make believe that BO is not President (although I can never puzzle out just who they think is President). I just want all the Freepers who read these threads to be sure that Birtherism isn't politics, and it isn't patriotism, its a delusional flight from reality,that serves strengthen BO, by making his opponents look like nuts.

If you're cool with that, OK. If you would rather preen, than get results, fine. But if you want to make a difference, and help take our country back, don't engage in "How many transvestite Orly Taitz impersonators would it take to prove in court that the Fake Kenyan Birth Certificate of the Month, is real" discussions, but get to work, donating money, putting up signs, handing out campaign literature, and all the other real things it takes to win a real election, in the real world.

Birthers can just say something, like "BO is not President", then *PRESTO* via the power of make believe, its true!

You haven't been paying attention for the last 2+ years. Where's BO's/BS's birth certificate? All he had to do was produce it and this issue would have been over long ago. Instead he has spent nearly 2 million dollars on a team of lawyers not to produce the BC.

Or, perhaps not. A brief trip to the White House's webpage shows that as of this afternoon "Barack H. Obama is the 44th President of the United States". So BO is still President, despite all the make believe.

I suppose you would believe BO/BS if he told you the moon was made of green cheese simply because he made the claim. Of course he's going to claim he's President but that falls far short from presenting documentation confirming he is President. Refer to post #47. Why didn't the DNC send out only one version of the nomination document to all 50 states if BO/BS was a natural born citizen?

Freepers, if you want to play make believe, God love ya

The only make believe is pretending BO/BS has complied with the natural born citizenship requirement in Article 2 Section 1 even though he has failed to produce any documentation to confirm he has met the requirement.

If you're cool with that, OK. If you would rather preen, than get results, fine. But if you want to make a difference, and help take our country back, don't engage in "How many transvestite Orly Taitz impersonators would it take to prove in court that the Fake Kenyan Birth Certificate of the Month, is real" discussions,

Careful Pilsner. You're employing the same Saul Alinksy the socialists use with personal attacks lacking any content for their position.

Have you found those cases yet where BO's/BS's henchmen have used the argument this issue belongs in Congress or any judges who've made a ruling on that premise? I'm waiting!

Careful Pilsner. You're employing the same Saul Alinksy the socialists use

And I thought I was channeling Mark Steyn.

Have you found those cases yet where BO's/BS's henchmen have used the argument this issue belongs in Congress or any judges who've made a ruling on that premise? I'm waiting!

Well, I'll give you that one. Birthers make up a legal theory (a court can remove the sitting President from office) so wacky, so legally, meritless isn't strong enough, so legally sanctionable, that no one has ever litigated the theory, then use the fact that there aren't any cases saying their theory loses, as "proof" that their theory is valid. Talk about making lemonade out of doggy doody. Well done!

Of course it misses the vital point that, if the best legal argument you have to support your case, is that your theory is so plainly a loser that no one has, in the entire history of the Republic, previously litigated your theory, so there is no case law saying that you lose, then the prognosis for success is not great. Orly Taitz would do better to invest the postage she pu ts on the envelope, when she submits her briefs, in lottery tickets.

Every Birther lawsuit, seeking to remove BO from office, will fail. Period. Take that to the bank. There is a reason no even mildly incompetent attorney, much less a good one, will touch Birtherism - its a loser. Taunt all you want that "we havn't lost 'em all yet" you will. And I'll be there to tell you "I told ya so." In the meantime, indulge in your delusions. Enjoy. The rest of us have an election in 81 days.

Give my regards to Wonder Woman. Perhaps you can have her put her golden lasso around BO, and make him tell the truth.

I'd suggest asking Green Lantern if his ring can beam some sense into Birther heads, but then realized that it won't work on anyone too "yellow" to roll up their sleeves and engage in the actual work of politics.

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