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To: omegadawn

Before obama can be declared ineligible to be President, it first has to get into court. No case so far that has been dismissed based on the merits of the case. Therefore you have no basis for your argument. The Indiana case was based on a bad interpretation of the Ark and the Minor cases. It is pure B.S. and has no affect on the Constitution.


There is no Constitutional process to declare a sitting president as “ineligible.” The ONLY Constitutional recourse is to impeach, try, convict and remove a sitting president for high crimes and misdemeanors committed in conjunction with being ineligible and assuming the office fraudulently.

The time to stop someone who is ineligible is BEFORE they assume the office. Either you don’t let an ineligible candidate on the ballot or you don’t certify the electoral college votes of an ineligible President-Elect. As a final recourse, you don’t administer the Oath of Office to a President-Elect who is ineligible.

The Indiana case was adjudicated as a dismissal for failure to state a claim for which relief can be granted. That IS a dismissal based on the merits of a case. The Appeals Court upheld the ruling of the trial court.

The basis of my argument is that there is one more adjudicated lawsuit with a holding that “a person born within the borders of the United States is a ‘natural born citizen’ for Article II, Section I purposes regardless of the citizenship of their parents” than there has been a lawsuit holding that two American citizen parents ARE required in order to qualify as a natural born citizen for Article II, Section 1 purposes. The Ankeny decision adds to the body of case law on this topic. Each judge hearing future cases will decide for themselves whether this case has precedential merit.


124 posted on 12/01/2010 3:55:02 PM PST by jamese777
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To: jamese777

There is a Constitutional process to remove obama , Congress can void his election and any electoral college votes he received. They would then either call for a new election or certify the next person with the majority of legal votes as
President. I believe that the Democratic leadership knew that obama was ineligible to be President , but protected his campaign because McCain might have defeated Clinton. In my opinion Pelosi and Reid sold out America for their own personal gain. Ask yourself a simple question , If you found out that your doctor did not have a medical degree, would you keep him as your doctor? If he is already doing the “job” there would be no reason to stop using him, right?. We know that obama is not a Natural Born citizen or even if he was born in the U.S. , why would we want to keep him in office?


131 posted on 12/02/2010 6:37:08 AM PST by omegadawn (qualified)
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