Arizona's 'birther' bill faces legal challenges (constitutionality)

4/16/11

[Libloather]

Link only - Arizona's 'birther' bill faces legal challenges

[ALPAPilot]

Each State shall appoint, in such Manner as the Legislature thereof may direct, a Number of Electors, equal to the whole Number of Senators and Representatives to which the State may be entitled in the Congress: but no Senator or Representative, or Person holding an Office of Trust or Profit under the United States, shall be appointed an Elector.

It's obvious that nobody cares about what the actual document says.

[Jim W N]

I think it's fairly safe to say we have a lot of left-leaning courts who are now emboldened by the anti-Constitution/anti-America DemObamaCratic apparatus. These courts including SCOTUS if Kennedy goes along, are capable of having no problem with reaching into state rules for elections. (The grounds to do so seem to almost be a non-issue anymore since, at will, they either do or don't seek Constitutional support for their decisions or simply invent new constitutional rights or rules.) My guess is if they think they have to they will.

I'm saying the states, at some point, don't need the courts' permission to insist the Constitution is upheld and followed by the Federal Government.

[radpolis]

There was Freeper in a discussion thread a while back who actually cited a court case about state law and eligibility, but it was regarding age and not natural born status.

I think the gist of the case was that a state court chucked the candidate off the ballot because he wasn’t 35.

So the precedence is there.

Regardless, the elector college electors are determined by state law, not federal law.

States manage elections, not the feds.

So this liberal notion that we can’t have 50 different standards is bogus.

It is already happening.

[9422WMR]

Your full of crap:

The following information posted was copied from the Arizona Legislatures page about pending/passed bills.
This is the specific information that covers the requirements to be eligible:

Fiftieth Legislature Antenori
First Regular Session H.B. 2177

ANTENORI FLOOR AMENDMENT #1

SENATE AMENDMENTS TO H.B. 2177

(Reference to GR amendment)

Page 4, line 26, after the period insert “If the candidate does not possess a long form birth certificate as required by this paragraph, the candidate may attach two or more of the following documents that shall take the place of the long form birth certificate if the candidate swears to their authenticity and validity and the documents contain enough information for the secretary of state to determine if the candidate meets the requirements prescribed in article II, section 1, constitution of the United States:

(a) An early baptismal or circumcision certificate.

(b) A hospital birth record.

(c) A postpartum medical record for the mother or child that is signed by the doctor or midwife or person who delivered or examined the child after birth.

(d) An early census record.”

Line 28, strike “the preceding”

Between line 29 and 30, insert:

“C. In addition to the requirements of subsection B, the presidential candidate may also submit a notarized affidavit from two or more persons who witnessed the presidential candidate’s birth.

D. If the secretary of state receives any documents in place of a long form birth certificate pursuant to subsection B, paragraph 1 and cannot determine if the presidential candidate meets the requirements prescribed in Article II, section 1, Constitution of the United States, the secretary
state may establish a committee to assist in the determination or hold hearings and submit any documents for forensic examination.”

Reletter to conform

Amend title to conform

4/6/11

10:24 AM

S: BB/ly

[EQAndyBuzz]

““Marxist haiku.””

Communist $cumb%g.
Destroyed country in three years
George Soros is proud

[WILLIALAL]

“Either way it would not be good for a candidate with questionable qualifications.”

Exactly. What candidate wants an issue like this hanging over his head during a campaign, with everyone asking him why he just doesn’t release his long form BC?
A simple question, with a simple answer.

[cripplecreek]

Story here about 3 past candidates denied ballot access. One of them was due to candidate age.

http://www.wnd.com/index.php?fa=PAGE.view&pageId=90256

[Optimist]

D. (snip) state may establish a committee to assist in the determination or hold hearings and submit any documents for forensic examination. is believed to be EXACTLY what happened in Hawaii when, a week before the election, Obama, under the pretext of seeing his dying grandmother, disappeared for about 6 hours before returning to the continent and resuming his campaign.

[InterceptPoint]

Each State shall appoint, in such Manner as the Legislature thereof may direct, a Number of Electors, equal to the whole Number of Senators and Representatives to which the State may be entitled in the Congress: but no Senator or Representative, or Person holding an Office of Trust or Profit under the United States, shall be appointed an Elector.

It's obvious that nobody cares about what the actual document says.

Thanks for reminding us about this little noticed clause. They will run over it with a tank when it gets to the courts.

[SharpRightTurn]

Fine. Let Nobama’s lackeys explain why they would spend big money challenging this law rather than shell out $25 for a certified long form birth certificate.

That’ll make even more Americans suspicious of the NOne.

[dalereed]

“as NBC has not been legally defined by the higher courts.”

What has National Broadcasting Corporation havr to do with anything?

[Tempest]

The obvious questiont to ask and to propogate is, why doesn’t Obama just release his long form birth certificate and not put the people through al this hassle.

Its all Obamas fault by not releasing his birth certificate so that we can avoid this.

[gitmo]

I have a few reservations about this. True, we need to avoid another KPOO (Kenyan Pretender to the Oval Office), but a birth certificate wasn’t mentioned in the Constitution. I know my mother was unable to get one because the courthouse in the rural town where she was born had burned many years ago.

And I know a couple of families who birthed their kids at home and they have no “long form” birth certificates. No doctor was present at the births.

[gitmo]

Its like saying the democrats could nominate a 12 year old and the states would simply have to accept it.

Actually, they did that in 2008.

[Optimist]

I wonder how much of his proposed $1B campaign war chest is intended to be used to defend against questions regarding his birth certificate, residency, authorship and Social Security number

[Mr. Wright]

“media attention”

You have got to be kidding!!!

[newzjunkey]

Al Gore defined our age when he claimed, "There is no controlling legal authority."

Now we have the president of Hillsdale College saying no judge can rule on it and impeachment doesn't apply on the eligibility issue and it doesn't matter. Here's a post of his reply at today's Q&A

[WILLIALAL]

“media attention”

You have got to be kidding!!!

No I’m not kidding. Right now the MSM has the choice to report this issue framed in their context, or simple ignore it. A federal court challenge will define the issue and put it into the public arena. The point being the issue is so simple to the average voter.
Why hide the birth certificate, which Obama and the state of Hawaii have said is there?
It will be hard to avoid that question being answered. The question will not be whether you were born in the US, but why are you refusing to produce your long form BC.
A question many more voters will be asking themselves in Nov 2012.

[Mr. Wright]

Knowing the Lame Stream Media, it is my opinion they will give this very little, if any attention, so as to protect their boy as much as possible.

[TheOldLady]

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