Posted on 05/30/2009 7:21:35 AM PDT by kellynla
Arguments that had been expected to be taking place before a federal appeals court right about now on whether U.S. citizens have a right to know that their president is eligible for the office he holds have been delayed.
Philip Berg, the first lawyer to take the issue of Barack Obama's compliance with the U.S. Constitution's requirements for president to court, says he's been told by officials with the 3rd U.S. Circuit Court of Appeals that the oral arguments in his Berg vs. Obama case, No. 088-4340, have been put off.
"About two months ago I received notice that the Third Circuit would schedule 'oral argument' the last week of May 2009 or the first week of June 2009," he said. Not hearing from the court further, his office contacted the judges and was told the earliest time the arguments now could be held would be in September or October.
"I am totally disappointed that there has been this delay," said Berg, who documents progress on his three separate lawsuits at his ObamaCrimes.com website.
(Excerpt) Read more at wnd.com ...
Since the court is going to find a reason to throw it out anyway, you would think that they would want to get it overwith and pass the buck up the ladder...I suppose they don’t want any reporting of the oral arguments until more of the agenda is in place.
Justice, American style. I can taste the bananas from here.
Put off until more laws can be imposed to keep records like his secret.
So what are our Master Rulers hiding?
They are so anxious to enforce seat belt laws and restrictions on free speech . . .and of course, the power to tax to destroy . . . but can’t decide on the fundamental Constitutional eligibility of the highest office in the land?
The ‘Bama promised transparency and we’ve got it. The manipulation of Chrysler dealership closures, derailed justice department prosecutions, funding for ACORN to promulgate voter fraud, control over the census and the destruction of judicial independence are all being accomplished right out in the open. And his open contempt for the fawning media is staggering. No secrets here. Makes one wonder what he’s doing that’s not in the open...
I think I read on another thread that Obama has found an old printer in Canada and is having an expert forgery made of his birth cert. I imagine that they need special paper and ink made and it has to lay out in the sun for a while to ‘age’. Should be ready by October.
Delayed until Obama’s Supreme Court nominee is seated.
If obama is eligible, fine, get this resolved now rather than having an ongoing cloud hanging over the administration.
If, as I am beginning to seriously suspect, he is ineligible, it is going to be a nightmare that will make Watergate seem like a minor misunderstanding. Every law, every appointment, everything will be rolled back. The irrevocable actions like money spent, will be years getting cleaned up and resolved. The backlash against the Democratic party will be unprecedented. If the Democrats have been party to the greatest deception of the American people in history... It would call into question every Democrat. They could lose every election for years.
Granted, as a Republican and conservative, a whole lot of pain and suffering for the liberal Democrats, and a tremendous setback for their agenda wouldn't bother me. However, I'm old enough to remember Watergate. I don't want to see the Country go through that again. Even if it comes out now, it'll be about as bad as Watergate. The longer this goes on, the worse the potential is.
The upshot is, this is an appeal to the Democratic leadership - pressure obama to resolve the birth certificate issue now. Doing so is your best move. It will either be all good, or at least limit the damage.
“Makes one wonder what he’s doing that’s not in the open....”
An excellent observation. Certainly no court is willing to touch an issue that will result in general insurrection. 0 will have to destroy his base of support before the courts will allow these filings. They will do so “to support the will of the people.”
We are on a razor’s edge as to whether we will be able to remain a constitutional government. 0 has outlined the government’s role in restricting every aspect of the lives of citizens. There is no serious question but that his vision is not just socialistic but is fascist and tyrannical. He has said as much time and time again.
The more we learn of 0 the more frightening he becomes. His paternal grandfather’s activity as a Mau Mau is a case in point. This was one of the most heinous criminal cabals in history. His disrespect for our most vital ally, Great Britain, is straight out of his grandfather’s and his father’s politics.
Action will be taken only when the black community rouses from it moral stupor and recognizes the danger 0’s presidency presents.
Exhibit A, The Twentieth Amendment, Section 3 reads as follows:
" ”3. If, at the time fixed for the beginning of the term of the President, the President elect shall have died, the Vice President elect shall become President. If a President shall not have been chosen before the time fixed for the beginning of his term, or if the President elect shall have failed to qualify, then the Vice President elect shall act as President until a President shall have qualified; and the Congress may by law provide for the case wherein neither a President elect nor a Vice President elect shall have qualified, declaring who shall then act as President, or the manner in which one who is to act shall be selected, and such person shall act accordingly until a President or Vice President shall have qualified.”
Exhibit B U. S. Code, CITE: 3USC19
TITLE 3--THE PRESIDENT, CHAPTER 1- PRESIDENTIAL ELECTIONS AND VACANCIES
Sec. 19. Vacancy in offices of both President and Vice President; officers eligible to act
”(a)(1) If, by reason of death, resignation, removal from office, inability, or failure to qualify, there is neither a President nor Vice President to discharge the powers and duties of the office of President, then the Speaker of the House of Representatives shall, upon his resignation as Speaker and as Representative in Congress, act as President. “
Exhibit C: U. S. Constitution, Article Six Oath of Office for elected officials:
” The Senators and Representatives before mentioned, and the Members of the several State Legislatures, and all executive and judicial Officers, both of the United States and of the several States, shall be bound by Oath or Affirmation, to support this Constitution; but no religious Test shall ever be required as a Qualification to any Office or public Trust under the United States.”
Exhibit D: The Electoral Vote Counting Act of 1877:
The process currently provides that someone “challenge” the electoral votes during a short, specified time frame while the Electoral College votes are opened and tabulated. This process does not cover challenges to "eligibility" qualifications. In fact, if this act pretends to do so in the manner in which it prescribes, it is unconstitutional. Any act of this sort that does not require that qualifications be presented by the President elect serves to undercut the provisions in the Constitution itself. No act that does not support the Constitution is constitutional. In order to change the requirements of the Twentieth amendment, one would need to pass another amendment. An “Act” doesn’t cut the mustard.
The portion in bold stating “or if the President elect shall have failed to qualify” in section three is particularly interesting in that it plainly seems to infer that a “qualification” of some sort must be made in order to serve as President. Certainly, one cannot argue that it does not require a qualification process for one to “qualify”. To infer that the lack of a “specified” qualification process means that stated eligibility “qualifications” for the office of president can be ignored is fallacious. The wording of this passage in the twentieth amendment clearly infers that a qualification is required, regardless of how this is done.
There is only one set of qualifications listed anywhere in the Constitution that are not health related and they are listed in Article two, section one.
” No person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President; neither shall any Person be eligible to that Office who shall not have attained to the Age of thirty-five Years, and been fourteen Years a Resident within the United States.”
To satisfy meeting the requirement of the twentieth amendment to “qualify”, a president elect must present evidence that he meets it’s requirements for eligibility to serve. This means that a proper birth certificate HAD to be presented by the president elect in order to serve as president. If this was done, where is that certificate and to whom was it presented? If this was done, why would we not have the right to verify and inspect it under the freedom of information act?
If it was NOT done, then under the provisions of the twentieth amendment, Barrack Obama has “failed to qualify” and should not be serving as president of the United States of America.
Based upon the above, I conclude that:
1. We currently have a vacancy at President because no one has yet “qualified” as required in the Twentieth amendment. The terms "The President elect shall have failed to qualify" clearly places this burden upon the President elect and not on someone raising their hand in objection.
2. Anyone serving in Congress (see “Congress” in bold in Exhibit A), or anyone who is currently serving under the oath of office in Article six has "standing" and can DEMAND that their oaths be met by receiving proper “qualifying” documentation from Mr. Obama. This charade at the time of counting the Electoral College votes does not limit their ability to do so at any time they so choose. The very fact that they are duty-bound by oath to "support" the Constitution REQUIRES them to respond to any and all attacks against it. No judge can deny any of them the standing to do so. It would ask them to break the law in their effort to enforce the law.
3. We need to start pressing legal charges against all of our local representatives and senators covered by the oath of office in Article six for disobeying their oaths to support the Constitution as it pertains to the language of section three of the Twentieth amendment. Put PRESSURE on them to represent the document that gives them their authority in the first place. We are looking into how best to do this down here. We all should be looking into this approach. NOW.
If the courts wanted to make this matter go away, they would simply rule in favor of obama. I think that the courts, or at least the judges that understand the law and know what is going on, are waiting for obama’s popularity to go down, hopefully way down. Any thoughts?
"Mr. Obama has spoken respectfully of Islam (he told me last year, on the record, that the Muslim call to prayer is “one of the prettiest sounds on earth at sunset”). -- Kristoff. NYTs
Gosh, this all sounds kind of nuts, doesn't it.
"You ain't seen nothing yet." -- King Hussein
Slowly but surely President Transparency is being painted into a corner. With good speed he will be trapped before the 2012 election.
“I can taste the bananas from here.”
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Since we don’t grow a lot of bananas in this country maybe we need a new term like...corn republic...wheat republic...oh, I know, Tobacco Republic.
“We are on a razor’s edge as to whether we will be able to remain a constitutional government.”
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We haven’t actually been one for a very long time, it is just a matter of degree now. A constitutional republic cannot survive with a citizenry ignorant of the meaning of the words. The cluelessness of most voters concerning the workings of government is astounding.
Hitler and Mussolini called them selves socialists, too. All of this ‘feeling good’ nonsense about a man who has done nothing and stands for nothing but hope and change strikes an extremely familiar cord with anyone who has read any 20th century history.
Recycled Republic? (We are enviro-friendly)
But, getting rid of the guns, or trying to, has historically been the event that caused "all hell to break loose". Ask General Gage of Royal Army.
Be assured that would be the case now. All those millions of guns and billions of rounds of ammunition bought since the Messiah's election won't be got rid of so very easily, not to mention the even larger numbers that folks already had.
Because we do raise a lot of pigs, because Chicago was historically, if not recently, a big slaughtering and meat processing center, particularly of hogs and for other more contemporary reasons, might I suggest a "Pork Republic". :)
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