I have to agree with the decision. Even though I am convinced that Hussein was born in Kenya, he should rightfully ignore a court order to produce his certificate. If only the courts would be so respectful of separation of powers in all cases.
It’s not a separation of powers issue. That’s just confusion in the mind of the judge talking. It is a right of long standing that we who purport to live under laws and not men may question the validity of any purported authority.
That right to challenge authority applies to our military as much as it does to any ordinary citizen confronted with a uniformed person armed with a taser banging on their door. We have a right to talk back, to demand to know “where is your badge, where is your warrant?”
The lawfulness of the deployment order can be disputed on other grounds, such as the de facto officer doctrine, but that does not eliminate the fact that this good soldier can prove he had justification for at least questioning and perhaps refusing the order if he can demonstrate, through evidence, that a reasonable soldier could legitimately doubt Obama’s eligibility.
Don’t buy into the judge’s confusion. This is about the Commander in Chief and a soldier purportedly under his command, not about the judiciary versus the executive. The court here is just sidestepping a routinely used method of getting the necessary evidence to let a man defend himself. That right of self-defense is fundamental to the nature of our Republic and trumps any amount of presidential “embarrassment” that might result.
You can’t impeach a president that was never legitimate in the first place.
If God forbid he is impeached, it means that he was there rightfully and everything he has done stands.
If a President-elect “fails to qualify” by Jan 20th the 20th Amendment doesn’t allow that person to exercise the presidential powers. The vice-president elect is to “act as president” until a “President shall have qualified.”
In order to “qualify” Obama has to show he meets the qualifications - age, citizenship, and residency. The Hawaii birth certificate has no legal value because it has been amended (for sure) and almost certainly was also late - 2 reasons that his Hawaii BC is worth as much legally as Monopoly money.
There is no way that Obama could qualify when the facts of his birth have never even been legally determined. It’s not a deal where Nancy Pelosi could look at his BC and voila! pronounce him eligible. Hawaii law requires the amended BC itself to be presented AS EVIDENCE to a judicial or administrative person or body and determined to be probative before that BC means anything more than a piece of toilet paper.
That has never happened. Obama made sure it couldn’t.
There is no question about whether Obama can have the presidential powers. He can’t. We know that. The only person who can act as Commander-in-Chief is Joe Biden. As long as Joe Biden has that Constitutional authority and somebody besides him tried using those powers, there is no way those orders could be lawful.
So we’re not talking about whether Congress can IMPEACH Obama. What applies right now is whether or not Obama has ever been Constitutionally able to exercise the presidential powers - regardless of whether he is impeached. And only SCOTUS has the power to interpret and enforce the US Constitution.
What needs to happen is the military needs to bring a case before SCOTUS so they can determine whether Obama can act as Commander-in-Chief under the terms of the 20th Amendment. That is the DUTY of the military, because they themselves have no authority to say of their own will whether Obama is or isn’t able to use the presidential powers.
The military is absolutely acting beyond their authority by deciding for themselves on this Constitutional issue. They are way out of line.