Birth Cert Case Belongs in Judicial Branch & Eligibility Issues CAN be Decided AFTER Election!

Arkansas Supreme Court ^ | October 11, 2007 | Arkansas Supreme Court

[CJacobs]

GARY ZOLLIECOFFER, APPELLANT, VS. VERONICA POST, APPELLEE

[novemberslady]

bkmk

[CJacobs]

True, Altus DOES have great wines. Last count I took, Altus has five wineries. My preference is the Post wines, although Wiederkehr is probably the most well known.

Nationally, though, Altus isn’t known for the wines as much as the TV show.

[Trillian]

LOL

[American Constitutionalist]

Well, it smacks down the argument that the courts have said about all the cases so far are thrown out because there is not precedent cases for them to rely on.

[American Constitutionalist]

" Upon learning that the Constitution requires a president to be a natural born citizen, a college student said: “What makes a natural born citizen any more qualified than one born by C-section?” "

Yup, the quality of our present liberal educational system keeps on giving ... SARCASM ...

[Lucky Dog]

Not to justify the ignorance of the person you cited, but you might want to read Shakespeare's MacBeth, particularly Act V. In this portion of the play, MacDuff uses not being natural born to his advantage and MacBeth's distinct disadvantage...

While such is not particularly germane to the point you were making vis-a-vis the definition of the term in the US Constitution, it is still an interesting thought... A usurper to national power destroyed by someone who was not natural born.

In the current situation, might not we potentially wind up with a usurper to national power who was not natural born being destroyed by one who was natural born?... Perhaps, Keyes?...

[Frantzie]

Didn't "marine" Judge Carter say there is "no precedent" to the Orly/Kreep case yesterday? Any legal beagles here besides any stinking O ZOT trolls who know nothing about the law? I would think you can use state law in a Fed case if there is "no precendent." Particularly when it when to the state supreme court. Nice find. Someone needs to send it to Leo Donofrio on his blog and Gary Kreep. Also Mario Apuzzo and Berg on their web sites. Great great find.

[Frantzie]

I like Allan Keyes. It would be wonderful if his case took the usurper down.

[thecraw]

If I'm understanding this correctly, the action we need to file against the Kenyan Clown is "quo warranto", and the case MUST be filed in Washington, DC:

Chapter 35§ 16-3501 Persons against whom issued; civil action.

A quo warranto may be issued from the United States District Court for the District of Columbia in the name of the United States against a person who within the District of Columbia usurps, intrudes into, or unlawfully holds or exercises, a franchise conferred by the United States or a public office of the United States, civil or military. The proceedings shall be deemed a civil action.

I am not a lawyer by any means, but I would imagine that the "rub" here is that the plaintiffs have the burden of proof, and unless discovery is granted there basically is no (with the exception of Lucas Smith's Kenyan BC) proof to back up the contention of usurpation. We can only hope and pray that discovery is ordered at some point, somewhere, so that this can move forward.

[afraidfortherepublic]

I hope this can be used, but what is a minor felony?

[OafOfOffice]

I will make it my duty to read that part of MacBeth.

Keyes willing to stand up against Obama and demand he proves eligibility has endeared him to me. My husband voted for Keyes. I thought silly, you threw your vote away. Now I see Keyes as my husband does. He is admirable in the face of what I see as corruption. Keyes had my husbands values. I hate to admit it when my husband is right.

So yeah, who better to have standing than someone who ran opposing Obama on a senate seat and POTUS? If Obama is proven to have filed fraudulently, his senate seat is on the block too.

[CJacobs]

What I meant by a “minor” felony, was that it wasn’t something that couldn’t have been expunged from the record. I don’t remember what the crime was off hand. It was something like larceny. If I recall correctly, Zolliecoffer was with a couple of other guys who committed the crime. Zolliecoffer was a willing participant, but not the major player in the crime. It was a juvenile offense that COULD have (and most likely would have) been expunged from the record.

[Red Steel]

It’s precedent OK when there is no Federal precedent.

[mlo]

This is about a Mayor in Arkansas.

It’s got nothing to do with the election of a US President, which operates under unique rules specified in the US Constitution itself.

[Frantzie]

It mentiosn quo warranto!

Get this to Orly, Kreep, Leo, Berg, Apuzzo and any other attorneys.

Orly was right when she said they could do quo in CA.

Great find!!

Ping this one far and wide.

[Lucky Dog]

I could not help but make the connection after you mentioned the natural born phrase (in Shakespeare's MacDuff case, not born of woman) and the Caesarian confusion.

However, I would not have you think me ignorant of the term, natural born, as it was intended in the Constitution. I do know the founders never meant for that term to have anything to do with the way Shakespeare was using not born of woman and its opposite (being natural born). Nonetheless, the contrasting parallel struck me as a novelty tickling the mind on which to comment.

Should Keyes prevail against the odds and get Obama unseated as being unqualified, the irony would be rich.

[thecodont]

Very excellent find!

[thecodont]

PLEASE send this to Leo Donofrio at http://naturalborncitizen.wordpress.com. He will be very interested.

[Frantzie]

Wrong. Wow you really do not know your law.

[Red Steel]

It mentions quo warranto!

-snip-

The parties stipulated that Zolliecoffer obtained the most votes. The petition filed by Post did not institute a post-election contest under section 7-5-801. As we noted in Pederson, supra, the circuit court was without jurisdiction to hear a post-election challenge to eligibility, and the remedy for usurpation of office lies with the state under quo warranto. See Pederson, supra.

IMBER, J., not participating.