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Supremes challenged to put Constitution above Twitter (re: Hollister vs. Soetoro)
www.wnd.com ^ | 11/26/2010 | Bob Unruh

Posted on 11/27/2010 2:40:03 AM PST by rxsid

"Supremes challenged to put Constitution above Twitter
Case questioning eligibility says facts don't support Obama story

The U.S. Supreme Court is being asked to decide whether the Constitution will trump Twitter on issues of national importance, including the eligibility of a president, which could determine the very future of the American form of government.

The request is being made in a petition for writ of certiori, or a request for the Supreme Court to review the decision of a lower appellate court, in a case brought on behalf of Col. Gregory S. Hollister, a retired Air Force officer.

...

The pleadings submitted to the court, compiled by longtime attorney John D. Hemenway, cite the incredible importance of the claims that Obama, in fact, failed to qualify for the office.

"If proven true, those allegations mean that every command by the respondent Obama and indeed every appointment by respondent Obama, including the appointment of members [Elena Kagan and Sonia Sotomayor] of this and every other court, may be only de facto but not de jure [by right of law]," states the pleading.

"Further, his signature on every law passed while he occupies the Oval Office is not valid if he is not constitutionally eligible to occupy that office de jure," it continued. "

Continued: http://www.wnd.com/index.php?fa=PAGE.view&pageId=233177

(Excerpt) Read more at wnd.com ...


TOPICS: Constitution/Conservatism; Crime/Corruption; Government; Politics/Elections
KEYWORDS: certifigate; constitution; courts; hollister; naturalborncitizen; obama
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1 posted on 11/27/2010 2:40:08 AM PST by rxsid
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To: LucyT; Fred Nerks; null and void; stockpirate; george76; PhilDragoo; Candor7; MeekOneGOP; ...
Ping!

"Supremes challenged to put Constitution above Twitter (re: Hollister vs. Soetoro)"

2 posted on 11/27/2010 2:46:00 AM PST by rxsid (HOW CAN A NATURAL BORN CITIZEN'S STATUS BE "GOVERNED" BY GREAT BRITAIN? - Leo Donofrio (2009))
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To: rxsid

Twoth the Raven, “Nevermore!”


3 posted on 11/27/2010 2:54:34 AM PST by HiTech RedNeck (I am in America but not of America (per bible: am in the world but not of it))
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To: rxsid
Further, his signature on every law passed while he occupies the Oval Office is not valid if he is not constitutionally eligible to occupy that office de jure

Prepare to be disappointed.

4 posted on 11/27/2010 3:01:11 AM PST by Jacquerie
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To: rxsid

Twit: (noun) A silly, annoying person, a fool.

Twitter: (noun) A sillier, more annoying person, even more foolish.


5 posted on 11/27/2010 3:01:47 AM PST by Fresh Wind
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To: rxsid

Where are Rush, Beck, Hannity, Levin, etal...on this? Are they still siding with Obama on the Birther issue by refusing to honestly discuss this?

If you ain’t an Obama Birther....you will be an Obama supporter


6 posted on 11/27/2010 3:01:51 AM PST by UCFRoadWarrior (Isolationism and Protectionism sure beat Globalism and Communism)
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To: All
The questions suggested by the petition are weighty:

#"Did the district court examine the complaint, as required by the decisions of this and every other federal court, to see if it alleged facts to support its claims?"

#"By refusing to consider the issue of defendant Obama not being a 'natural born citizen' as set out in Article II, Section 1, Clause 5 of the Constitution, did the district court violate its obligations to consider the issues raised by the complaint?"

#"In … relying on extrajudicial criteria such as an assertion that 'the issue of the president's citizenship was raised, vetted, blogged, texted, twittered and otherwise massaged by America's vigilant citizenry during Mr. Obama's two-year-campaign for the presidency' combined with an attack on petitioner … did the district court not engage in such obvious political bias and upon extrajudicial factors as to render its opinion void?"

#"Did the … bias engaged in lead to a decision which ignored the law as set out above and as a result place the respondent-defendant Obama above that law and the rule of law in this country generally and threaten the constitutional basis and very existence of our rule of law?"

#"Did the courts below not completely ignore the decisions of this court and the clear language of Rule 15 of the federal Rules of Civil Procedure concerning amendments so as to compound its biased elevation of the defendant Obama above the rule of constitutional law?"

While the district judge dismissed the case because it had been "twittered," the appeals court simply adopted his reasoning, but wouldn't even allow its opinion affirming the decision to be published, the petition explains.

7 posted on 11/27/2010 3:13:53 AM PST by rxsid (HOW CAN A NATURAL BORN CITIZEN'S STATUS BE "GOVERNED" BY GREAT BRITAIN? - Leo Donofrio (2009))
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To: UCFRoadWarrior
Rush has been openly cracking remarks about obama, kenya and his not being qualified... no... Rush knows the truth and he also knows this will go no where... too controversial... Justice Thomas already let us know... they will side step this and tie it up on technical grounds until obama is out of office.

LLS

8 posted on 11/27/2010 3:26:16 AM PST by LibLieSlayer (WOLVERINES!)
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To: LibLieSlayer

Justice Thomas already let us know... they will side step this and tie it up on technical grounds until obama is out of office.
***They basically didn’t do their freeping job. The social contract we have with the SCOTUS is that they get lifetime employment so that they don’t have to worry about the political implications of their decisions. They failed. This whole debacle rests on their shoulders, and there appears to be nothing we can do about it.


9 posted on 11/27/2010 3:31:11 AM PST by Kevmo (Has Obama resigned yet?)
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To: LibLieSlayer

I see nothing to be lost by throwing the issue at them whenever a valid new twist can be established. Some will consider this a waste of time and effort. Others might look at it like Churchhill did as to the Germans when things looked so hopeless.


10 posted on 11/27/2010 3:40:07 AM PST by noinfringers2
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To: LibLieSlayer

I see nothing to be lost by throwing the issue at them whenever a valid new twist can be established. Some will consider this a waste of time and effort. Others might look at it like Churchhill did as to the Germans when things looked so hopeless.


11 posted on 11/27/2010 3:40:27 AM PST by noinfringers2
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To: UCFRoadWarrior

Rush and crew wouldn’t touch this with a ten foot pole. Can you imagine the response if they all jumped on board and bamboo produced documentation?

Even if it was fake, the media would eat it up demanding their firing.

This will play itself out. Just need 5 justices to say, “let’s see the documents.”


12 posted on 11/27/2010 3:42:03 AM PST by EQAndyBuzz (Remember March 23, 1775. Remember March 23, 2010)
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To: noinfringers2

Agreed, noinfringers2. Keep raising the issue. Continue to press for answers to the myriad questions awaiting response.

At some point, the truth will come out.

Those who ridicule that this amounts to tilting at windmills seem content to let the most significant Constitutional challenge of the last 75 years pass by...unnoticed, and unanswered, because they perceive such work to be futile.

Bull Puckey! Keep the heat on him. His charmed life is a mystery we cannot afford. This grand experiment demands more of us.


13 posted on 11/27/2010 3:50:41 AM PST by PubliusMM (RKBA; a matter of fact, not opinion. 01-20-2013: Change we can look forward to.)
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To: EQAndyBuzz

Don’t worry, we pay the justices good money, not to do their job. Next issue!!


14 posted on 11/27/2010 3:52:29 AM PST by Waco (From Seward to Sarah)
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To: rxsid

Exactly.


15 posted on 11/27/2010 3:58:25 AM PST by hershey
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To: EQAndyBuzz
This will play itself out. Just need 5 justicesRoberts, Alito, Scalia, Thomas, and Kennedy to say, “let’s see the documents.”
Such a decision would be crossing the Rubicon - I question whether you appreciate to forces you are asking Kennedy, Roberts, et al to conjure with.

16 posted on 11/27/2010 4:05:25 AM PST by conservatism_IS_compassion (DRAFT PALIN)
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To: Jacquerie

I expect the supreme Court will act according to its record and “avoid” the Constitutional question” I suspect they will
set the image of a White House -and the need to defend even the corrupt Fraud the White House has become . I suspect they will NOT place the US Constitution in the place of Honor as the Constitution demands of all public Officers. There is no
disappointment in having my expectations of our current government realized.ALL I have left is contempt for what we have allowed.


17 posted on 11/27/2010 4:07:01 AM PST by StonyBurk (ring)
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To: rxsid
"If proven true, those allegations mean that every command by the respondent Obama and indeed every appointment by respondent Obama, including the appointment of members [Elena Kagan and Sonia Sotomayor] of this and every other court, may be only de facto but not de jure [by right of law]," states the pleading.

This possibility is why SCOTUS will probably continue to evade the issue even though by doing so they are failing utterly to step up to their constitutional responsibilities and this will reflect poorly on them in future history of the era. I hope I'm wrong but I've lived long enough to think this is the most likely legal scenario. There's always the possibility of the catastrophic revelation however...

18 posted on 11/27/2010 4:10:30 AM PST by Menehune56 ("Let them hate so long as they fear" (Oderint Dum Metuant), Lucius Accius, (170 BC - 86 BC))
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To: rxsid

Bumb later for reading


19 posted on 11/27/2010 4:12:16 AM PST by rambo316
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To: conservatism_IS_compassion

It really is that simple - you would have to show them to play Little League Baseball.


20 posted on 11/27/2010 4:16:46 AM PST by major-pelham
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To: rxsid

Our lifetime appointed shuffleboard team won’t tip over the apple cart.


21 posted on 11/27/2010 4:25:00 AM PST by SpaceBar
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To: SpaceBar
Check out the "though" in the second lines

http://www.canadafreepress.com/images/uploads/2008_DNC_Certification_Doc_2.jpg

and

http://www.canadafreepress.com/images/uploads/2008_DNC_Certification_Doc_1.jpg

looks like Nany faked the Electorial college declaration.

22 posted on 11/27/2010 4:34:00 AM PST by spokeshave (Islamics and Democrats unite to cut off Adam Smith's invisible hand)
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To: rxsid

Since Sotomayor and Kagan are creatures of Obama, is it proper for them to recuse themselves from the vote? Thus leaving seven justices to decide?


23 posted on 11/27/2010 4:36:01 AM PST by plangent
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To: UCFRoadWarrior

To paraphrase Bush 43: If ya ain’t with us, you’re against us.


24 posted on 11/27/2010 5:41:55 AM PST by FrdmLvr (Death to tyrants)
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To: plangent; The Comedian
You beat me by mere seconds. Both the wise Latina and the dumb polack have to recuse themselves. Seven justices will decide this one.

8^D

25 posted on 11/27/2010 5:44:19 AM PST by Gargantua (Another reason why everyone should own fully automatic weapons...)
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To: rxsid
All of this will go away once we see the COLB...if there is one.

5.56mm

26 posted on 11/27/2010 5:45:49 AM PST by M Kehoe
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To: rxsid

Anyone know the answer to this one? If the individual states pass laws stating that all presidential candidates must prove their citizenship by producing their birth certificate in order to be placed on that state’s ballot (I think Texas has recently passed such a law), how will 0bama get around it? Will his fake birth certificate be quietly accepted?


27 posted on 11/27/2010 5:48:49 AM PST by FrdmLvr (Death to tyrants)
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To: rxsid

EVERY Executive Order would also be invalid.


28 posted on 11/27/2010 6:30:51 AM PST by ridesthemiles
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To: spokeshave

FORBIDDEN??!


29 posted on 11/27/2010 6:36:36 AM PST by doberville
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To: UCFRoadWarrior; rxsid; LucyT
Where are Rush, Beck, Hannity, Levin, etal...on this? Are they still siding with Obama on the Birther issue by refusing to honestly discuss this?

Sometimes in 2009 after the so called "inauguration"(?) they all went AWOL on this special issue, probably getting marching orders to sweep it under the rug..."or else(?)..."!

Jack Maskell got to Congress effectively but fraudulently!!

John Roberts and seven others judges got a "nice friendly" visit on January 14, 2009 telegraphing the "message" to the lower courts. IIRC I think there were some threats out in the Mid-West before the election, if any negatives were voiced, they would be prosecuted, hmmm!!!

30 posted on 11/27/2010 6:45:47 AM PST by danamco (")
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To: plangent; rxsid
Maybe even John Roberts who failed to conduct a proper swearing in???

All that and more is WHY we have a real Constitutional crisis right now!!!

31 posted on 11/27/2010 6:54:24 AM PST by danamco (")
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To: FrdmLvr

Will his fake birth certificate be quietly accepted?

I guess that is really up to us.


32 posted on 11/27/2010 7:06:00 AM PST by Hang'emAll
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To: Gargantua
You beat me by mere seconds. Both the wise Latina and the dumb polack have to recuse themselves. Seven justices will decide this one.

Not a chance. Liberals, especially liberal judges, see themselves as Olypian gods, above the fray, incapable of bias, error, or human frailty.

The wise Latina will stay on the case, vote to dismiss, and stand to pee.


Frowning takes 68 muscles.
Smiling takes 6.
Pulling this trigger takes 2.
I'm lazy.

33 posted on 11/27/2010 7:08:54 AM PST by The Comedian (Government: Saving people from freedom since time immemorial.)
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To: rambo316
Bumb later for reading

Clouseau’s French accent became steadily more exaggerated in successive films (for example, pronouncing "room" as "reum"; "Pope" as "Peup"; "bomb" as "beumb"; and "bumps" as "beumps").

34 posted on 11/27/2010 7:09:51 AM PST by Libloather (Teapublican, PROUD birther, mobster, pro-lifer, anti-warmer, enemy of the state, extremist....)
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To: The Comedian
"...and stand to pee."

LMAO!!

The wise Latrina...

8^D

35 posted on 11/27/2010 7:15:22 AM PST by Gargantua ("Missile" thread hits 500 replies, all of FReepdom in awe...)
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To: rxsid

http://www.freerepublic.com/focus/news/2633216/posts?page=88#88

This is the future that the Court sees for America


36 posted on 11/27/2010 7:32:09 AM PST by B4Ranch (I have never met one, not one Veteran who enlisted to fight for Socialism.)
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To: conservatism_IS_compassion; EQAndyBuzz

Remember this?

http://www.freerepublic.com/focus/news/2633346/posts?page=9#9

Don’t get your hopes up too high.


37 posted on 11/27/2010 7:38:36 AM PST by B4Ranch (I have never met one, not one Veteran who enlisted to fight for Socialism.)
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To: rxsid
The document also explains that both Robertson and Obama have "held management positions on boards of the Lawyers Committee for Civil Rights Under the Law, and thus are acquainted with each other. There is every appearance of bias here," it said.

I don't recall reading this in any of the other articles on the subject.

38 posted on 11/27/2010 8:14:29 AM PST by tutstar
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To: FrdmLvr

The Constitution requires a President to not only be a citizen , but also be a Natural born citizen . IF obama was born in Hawaii( unlikely) then he is a citizen( 14th amendment) but is not a Natural Born Citizen as required by the Constitution. Any certificate supplied by obama must show that BOTH of his parents were U.S. citizens at the time of his birth. This is the reason he refuses to release his birth records. His birth certificate is legal proof that he is not the legal President of the U.S.


39 posted on 11/27/2010 8:15:40 AM PST by omegadawn (qualified)
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To: omegadawn

Joseph Farah has finally found an audience, and has no intention of letting go of it. Wonder what his ad revenue is like at WND?


40 posted on 11/27/2010 8:27:52 AM PST by Jack Black ( Whatever is left of American patriotism is now identical with counter-revolution.)
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To: Jack Black

Yes, indeed; people like to read about the exposure of fraud and deceit in high places.


41 posted on 11/27/2010 8:50:22 AM PST by AmericanVictory (Should we be more like them or they more like we used to be?)
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To: Jack Black

Yes, indeed; people like to read about the exposure of fraud and deceit in high places.


42 posted on 11/27/2010 8:50:26 AM PST by AmericanVictory (Should we be more like them or they more like we used to be?)
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To: AdmSmith; Arthur Wildfire! March; Berosus; bigheadfred; ColdOne; Convert from ECUSA; Delacon; ...
"If proven true, those allegations mean that every command by the respondent Obama and indeed every appointment by respondent Obama, including the appointment of members [Elena Kagan and Sonia Sotomayor] of this and every other court, may be only de facto but not de jure [by right of law]," states the pleading. "Further, his signature on every law passed while he occupies the Oval Office is not valid if he is not constitutionally eligible to occupy that office de jure," it continued.
That *could* explain why his major domestic policy initiatives have been unconstitutional on their face. Thanks rxsid.
Image and video hosting by TinyPic "Constititution? I don't neeed no steeekeeeng Constitution!"

43 posted on 11/27/2010 8:50:43 AM PST by SunkenCiv (The 2nd Amendment follows right behind the 1st because some people are hard of hearing.)
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To: rxsid

If this goes to the Supreme Court will Kagen and Sotomayer recuse themselves? No, I don’t think they will.


44 posted on 11/27/2010 8:59:26 AM PST by Jack Black ( Whatever is left of American patriotism is now identical with counter-revolution.)
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To: omegadawn

Just to re-state the obvious (and the article does a pretty good job of it).

You are supporting what the article has termed the Vattel Theory.

The SC could take the case and determine that the Vattel Theory is not the governing law, but something else is.

They could, for instance, decide that Natural Born means any citizen who is a citizen at birth, as opposed to one
who gains citizenship via immigration and naturalization.

Such an interpretation would mwan that if Obama was born in Hawaii then he is legally president.

I say this because the term Natural Born has not been well defined in law up to this point.

I’m a bit surprised that the 110th Congress didn’t pass a law stipulating what Natural Born meant.

I still strongly believe the SC doesn’t want to touch this with a 10 foot poll. I think the best (only) way for birthers to make progress on their project is by putting eligibility tests into law in the several states.

But, because this is such a fringe issue there has been no progress on that, and it looks like Obama will have a second term, illegal or not, and never be forced to prove ANYTHING.


45 posted on 11/27/2010 9:05:23 AM PST by Jack Black ( Whatever is left of American patriotism is now identical with counter-revolution.)
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To: Gargantua
Both the wise Latina and the dumb polack

Kagen isn't a 'dumb polack', she's a Jew.

46 posted on 11/27/2010 9:08:24 AM PST by Jack Black ( Whatever is left of American patriotism is now identical with counter-revolution.)
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To: Jack Black

If they took the case and examined the theory that Vattel’s concept of what it is to be a “natural born citizen” would they not have to examine the framers’ intention in choosing the phrase?


47 posted on 11/27/2010 9:13:59 AM PST by AmericanVictory (Should we be more like them or they more like we used to be?)
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To: Jack Black

If they took the case and examined the theory that Vattel’s concept of what it is to be a “natural born citizen” would they not have to examine the framers’ intention in choosing the phrase?


48 posted on 11/27/2010 9:25:57 AM PST by AmericanVictory (Should we be more like them or they more like we used to be?)
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To: rxsid

PART II - CITIZENSHIP BY BIRTH
2. Citizenship by birth

Every person who, having been born in Sierra Leone before the nineteenth day of April, 1971, or who was resident in Sierra Leone on the eighteenth day of April, 1971, and not the subject of any other State shall, on the nineteenth day of April, 1971, be deemed tobe a citizen of Sierra Leone by birth:

Provided that-

(a)his father or his grandfather was born in Sierra Leone; and

(b)he is a person of negro African descent;

http://www.unhcr.org/cgi-bin/texis/vtx/refworld/rwmain?page=search&docid=3ae6b50610&skip=&query=Sierra%20Leone%20Citizenship%20Act%201973


49 posted on 11/27/2010 9:33:33 AM PST by bushpilot1
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To: rxsid

” We know that countries are more likely to prosper when they encourage entrepreneurship; when they invest in their infrastructure; and when they expand trade and welcome investment. So we will partner with countries like Sierra Leone to create business environments that attract investment. not scare it away. We will work to break down barriers to regional trade and urge nations to open their markets to developing countries. “ Obama

http://www.cocorioko.net/?p=2826


50 posted on 11/27/2010 9:37:24 AM PST by bushpilot1
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