"President" John Tyler
"His Accidency", the first "usurper"?
Posted on 09/10/2009 9:42:35 PM PDT by moonpie57
And with checks and balances. It's a case or controversy (boy is it!) arising under the Constitution, which gives the Judicial branch Constitutional authority to resolve it.
The judiciary rules against the Executive (rules, regulations and actions) and Congress (laws) all the time.
http://news.lawreader.com/?p=171
Burton v. U.S., etc.
No, I didn't forget that, but this is the way I see it:
1. If I were a high official of the Hawaiian DOH and I saw that a presidential candidate was presenting a forged document as if it were issued by my department, and that history might turn on this constitutionally-relevant issue, I would obey my oath and the law, but I would also try to think of some way of aiding others in discovering the fact of the forgery.
For example, if the father's race on a birth record in 1961 could only be selected from a limited number of choices (which did not include "African"), I could make sure that the DOH was asked about this.
2. If Fukino can publicly state that Obama was born in Honolulu and claim that therefore he is is a natural born citizen, she could certainly have gone so far as to point out a forgery.
3. Of course it is possible, as you say, that even knowing of a serious constitutional issue, the DOH officials are bureaucratically following the statute 338-18, which does in fact state that they are not even supposed to verify a vital record except in certain cases such as a court order. But I think #2 argues against that.
BTW this law seems to say that exceptions can be made according to Department of Health rules.
document bookmark
note to self
http://en.wikipedia.org/wiki/Justiciability
http://en.wikipedia.org/wiki/Powell_v._McCormack
and Burton vs. U.S.
Discovery will not begin until Oct 5, Orly expects to file a second amended complaint adressing MTD jurisdictional and pleading concerns. Orly wants Kreep out for conflict of interest with current plaintiffs and past case.Requests he resign or she will file a motion.
Orly attempting to set up depositions dates with US Attorney for defendants. Orly has two “law clerks” Lincoln and Freiman, working with her apparently at deposition of Lucas smith by USA. Orly will be on phone conference.
from court filing...
I take it you are referring the fact that Tyler was the first VP to become President after the death of a President. There was some controversy over whether the Constitution had the Office of President, or merely had the "Powers and Duties of the said Office" devolving upon him.
Although in the absence of a provision to replace the VP, and prior to Presidential term limits, that seems something of a distinction without a difference.
if you don’t know anything about the history of the case that is fine with me. perhaps the historians who spend too much time on such things are obsessive.
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