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#27 Oct 13 2010 at 8:04 PM Rating: Good
gbaji wrote:
Jophiel wrote:
On Dec 8, 2008, The Chicago Tribune wrote:
UPDATE: The Supreme Court has turned down an emergency appeal from a New Jersey man who says President-elect Barack Obama is ineligible to be president because he was a British subject at birth.

The court did not comment on its order Monday rejecting the call by Leo Donofrio of East Brunswick, N.J., to intervene in the presidential election. Donofrio says that since Obama had dual nationality at birth -- his mother was American and his Kenyan father at the time was a British subject -- he cannot possibly be a "natural born citizen," one of the requirements the Constitution lists for eligibility to be president.


Ah. I'd forgotten about that one!

That was a pretty flawed case anyway. It was based on the argument that simply having a Kenyan citizen as a father (who was then a British subject) prevented Obama from being a natural born US citizen. Which is clearly not true.
Apparently not clear enough Smiley: lol
#28gbaji, Posted: Oct 13 2010 at 8:35 PM, Rating: Sub-Default, (Expand Post) Yes. There are plenty of bogus theories running around about Obama's citizenship. The whole "but he was a dual british/US citizen, so he can't be natural born" bit is one of them. At the risk of a derail, the one and only argument I have *ever* supported as legitimate is the one based on the fact that since his father was not a US citizen, and his mother was not old enough to pass on US citizenship automatically, that if he wasn't born in the US, he would not qualify as a natural born citizen by law.
#29 Oct 13 2010 at 8:58 PM Rating: Good
Smiley: facepalm
#30 Oct 13 2010 at 9:04 PM Rating: Excellent
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I'm not sure if I have either long form for either of my kids. They must be from Kenya.
#31 Oct 13 2010 at 9:22 PM Rating: Decent
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and bush held hands with another man he is GAY!
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#32 Oct 13 2010 at 9:29 PM Rating: Good
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Wonder Gem rdmcandie wrote:
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and bush held hands with another man he is GAY!

What's even more eerie than seeing Arab men hold hands is seeing their wives walking behind them at a respectable 10 paces, completely covered except for their eyes.

Fucking wierd culture.
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#33 Oct 13 2010 at 9:33 PM Rating: Default
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well luckily mr. Saudi Prince is using his right hand, otherwise we all know where that left one has been!
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#34 Oct 13 2010 at 9:55 PM Rating: Excellent
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gbaji wrote:
If there is no standing in these cases for suit, then it begs the question: What would be sufficient standing?

Most likely, being someone who ran against Obama for president. So any of the Democratic primary contenders or McCain (the other GOP contenders never ran against Obama). Possibly Palin since she would have been potentially robbed of her VP job by Obama's ineligibility.

Go start writing McCain letters demanding he sues!
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#35 Oct 14 2010 at 2:30 PM Rating: Default
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Jophiel wrote:
gbaji wrote:
If there is no standing in these cases for suit, then it begs the question: What would be sufficient standing?

Most likely, being someone who ran against Obama for president. So any of the Democratic primary contenders or McCain (the other GOP contenders never ran against Obama). Possibly Palin since she would have been potentially robbed of her VP job by Obama's ineligibility.


We've had this exact discussion before. I don't agree that the only person affected by the result of an election is the guy who lost. That's a rather cynical view IMO. It suggests that the objective of politics is just to win the seat and that it's of value only to the person who holds it and that the public really doesn't have any interest in who specifically that person it.

Which, if it were true, would make one wonder why we bother to hold elections. Clearly "the people" do have an interest in the result of an election, not just the people running for the position.

Edited, Oct 14th 2010 1:31pm by gbaji
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#36 Oct 14 2010 at 2:34 PM Rating: Excellent
gbaji wrote:
We've had this exact discussion before. I don't agree that the only person affected by the result of an election is the guy who lost. That's a rather cynical view IMO. It suggests that the objective of politics is just to win the seat and that it's of value only to the person who holds it and that the public really doesn't have any interest in who specifically that person it.

Which, if it were true, would make one wonder why we bother to hold elections. Clearly "the people" do have an interest in the result of an election, not just the people running for the position.

Edited, Oct 14th 2010 1:31pm by gbaji


It certainly would be interesting to see a president's four year term filled with each and every person filing a suit against the candidate’s eligibility. No president ever elected would get anything accomplished.
#37 Oct 14 2010 at 3:01 PM Rating: Excellent
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gbaji wrote:
I don't agree that the only person affected by the result of an election is the guy who lost.

Who cares? You're not a judge.

You can whine and ***** about it as a hypothetical but the reality of the judicial world is as I posted.
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#38 Oct 14 2010 at 3:26 PM Rating: Default
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Belkira the Tulip wrote:
It certainly would be interesting to see a president's four year term filled with each and every person filing a suit against the candidate’s eligibility. No president ever elected would get anything accomplished.


Which kinda points to the value of actually creating a process for making the determination *before* the electoral college votes and before the person takes office. The problem here is that we have no process for doing this. And in the absence of a legally defined method for resolving such things, it kinda falls to the courts to make the decision, right?

What's annoying is that the courts are consistently refusing to take this on either, leaving us in limbo. This isn't something that every president should have to deal with, but by *not* ruling on it, the courts are actually opening up the exact scenario you describe. Eventually, we'll need to put on our grownup pants and actually deal with the issue instead of avoiding it.
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#39 Oct 14 2010 at 3:29 PM Rating: Excellent
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gbaji wrote:
Eventually, we'll need to put on our grownup pants and actually deal with the issue instead of avoiding it.

You mean, accept the available evidence that everyone else of consequence already accepted a couple years ago and stop filing and supporting numerous frivolous and ultimately dismissed lawsuits?

Couldn't agree more. It'll be a swell day in America when those grownup pants are put on.
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#40 Oct 14 2010 at 3:33 PM Rating: Good
gbaji wrote:
Which kinda points to the value of actually creating a process for making the determination *before* the electoral college votes and before the person takes office. The problem here is that we have no process for doing this. And in the absence of a legally defined method for resolving such things, it kinda falls to the courts to make the decision, right?


Sure. I'm not convinced that doesn't happen already, though.
#41 Oct 14 2010 at 3:39 PM Rating: Excellent
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What's annoying is that the courts are consistently refusing to take this on either, leaving us in limbo.
I don't think "we're never going to take this ridiculous conspiracy theory crap as a serious case, quit wasting our time" counts as "limbo" I'm pretty sure it means "he's president, deal with it".


Out of curiosity, do you think that liberals would have pursued this crap as doggedly as conservatives have?

Edited, Oct 14th 2010 5:40pm by shintasama
#42 Oct 14 2010 at 3:51 PM Rating: Default
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Jophiel wrote:
gbaji wrote:
Eventually, we'll need to put on our grownup pants and actually deal with the issue instead of avoiding it.

You mean, accept the available evidence that everyone else of consequence already accepted a couple years ago and stop filing and supporting numerous frivolous and ultimately dismissed lawsuits?


How do we do that legally Joph? Make it illegal for someone to sue on this grounds entirely? What about the next case? And the next president? And the next?

The grown up solution is to go through the process one freaking time and get it right.
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#43 Oct 14 2010 at 3:54 PM Rating: Excellent
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The process is to bring it up when they are in the primaries. That's what worked for McCain and it worked for Obama, you're just ignoring that fact for whatever reason. It's amusing because you keep on hanging onto that long form, when it's been utterly and completely debunked by any number of sources, but you won't let go. It's LEGITIMATE!!! The fact of the matter is that he was vetted, there is a process and he passed it.
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#44 Oct 14 2010 at 3:56 PM Rating: Good
gbaji wrote:
The grown up solution is to go through the process one freaking time and get it right strike that provision and support Schwarzenegger in '12.
#45 Oct 14 2010 at 4:09 PM Rating: Good
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The fact of the matter is that he was vetted, there is a process and he passed it.
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#46 Oct 14 2010 at 4:17 PM Rating: Excellent
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gbaji wrote:
How do we do that legally Joph?

Congressional questioning during the event. Action by the electoral college if they really care that much. Action by the other candidates.
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The grown up solution is to go through the process one freaking time and get it right.

It was gone through. Obama ran for president, he gave out information and none of the bodies which had the power to act upon it chose to do so. And before you wet yourself crying about the Democrats, there wasn't even a peep coming from the GOP side of Congress. I'm giving them the benefit of the doubt that this is because they were satisfied with the evidence and not because they were too terrified to try and stop this ineligible person from running.

The problem with putting on your grownup pants is that they clash with the tinfoil hats you Birthers hold so dear.
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#47 Oct 14 2010 at 5:06 PM Rating: Default
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Sir Xsarus wrote:
The process is to bring it up when they are in the primaries.


And what? Sue? People did and the cases were dismissed for lack of standing.

Quote:
That's what worked for McCain and it worked for Obama, you're just ignoring that fact for whatever reason.


For McCain, there was a Senate resolution declaring that he was a natural born citizen. For Obama? A PR campaign consisting of leaking copies of a digital certification on the interwebs. Surely, you can see that this is not remotely the same thing, right?

Quote:
It's amusing because you keep on hanging onto that long form, when it's been utterly and completely debunked by any number of sources, but you won't let go.


Debunked, by whom? Just repeating the assertion over and over doesn't make it true. Can you find me a single authoritative source stating that they have viewed the long form of Obama's birth certificate and that it says that he was born in X hospital on Y date and not filed via application?

If you can't, then this hasn't been "debunked" at all. It's just been claimed to have been in the hopes that no one will notice that no one actually did make that determination.

Quote:
It's LEGITIMATE!!! The fact of the matter is that he was vetted, there is a process and he passed it.


Vetted by whom? The DNC? I don't think you understand the existing process. All that's required to appear on the ballot is for the party to sign a piece of paper saying you are qualified to be on the ballot. Are you aware that the Socialist Workers Party fielded a candidate for president (of the US) who is a Nicaraguan citizen and was able to put him on the ballot in 5 states? There is *no* actual process for dealing with this in our system. We have no method to prevent someone who does not qualify to be president from actually taking office if he wins the election anyway.


That's a problem. And it's one that doesn't go away by just sticking our heads in the sand and ignoring it. You continue to assume that there's some magical agency which checks these things and verifies them and makes sure that no one who doesn't meet the qualifications can get through. But there isn't. The *only* process we have is to sue after the fact. Yet, for some bizarre reason, judges are letting their opinions of this particular case cloud their judgment with regard to the issue as a whole. They are rejecting cases on standing instead of examining the evidence, making a determination of qualification and making a ruling.


By dismissing the cases on standing, they get to avoid having the birth documents examined. I'm not sure what value there is to that, but this absolutely appears to be their reason for doing so. However, because they are doing this, they are setting the precedent that no one has standing to sue a president if they think he doesn't qualify for the office. If a US military officer, who is being commanded to lead soldiers into battle and is personally responsible for the acts his soldiers take does not have standing to sue to ensure that those orders come from someone constitutionally authorized to give them, then who the hell does?
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#48 Oct 14 2010 at 5:20 PM Rating: Excellent
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gbaji wrote:
For McCain, there was a Senate resolution declaring that he was a natural born citizen. For Obama? A PR campaign consisting of leaking copies of a digital certification on the interwebs. Surely, you can see that this is not remotely the same thing, right?

Of course it's not.

McCain was born in the Panama Canal Zone. Obama was born in Hawaii. There was a question as to whether the PNZ counted as US territory for purposes of the presidency and no question as to whether Hawaii counted.

You're correct. Not remotely the same thing.
Quote:
If a US military officer, who is being commanded to lead soldiers into battle and is personally responsible for the acts his soldiers take does not have standing to sue to ensure that those orders come from someone constitutionally authorized to give them, then who the hell does?

Most likely, being someone who ran against Obama for president. So any of the Democratic primary contenders or McCain (the other GOP contenders never ran against Obama). Possibly Palin since she would have been potentially robbed of her VP job by Obama's ineligibility.

Go start writing McCain letters demanding he sues!

Protip: The fact that you don't like the answer doesn't make it stop being the answer

Edited, Oct 14th 2010 6:22pm by Jophiel
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#49gbaji, Posted: Oct 14 2010 at 6:20 PM, Rating: Sub-Default, (Expand Post) Protip: The fact that you like the something doesn't make it the answer either.
#50 Oct 14 2010 at 6:55 PM Rating: Excellent
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gbaji wrote:
And there is a question as to whether Obama was born in Hawaii.

Not to the folks who mattered, there wasn't. You keep thinking that you throwing a hissy fit changes who matters in these situations. It doesn't and you don't.

Quote:
Why?

Because they were most directly affected and suffered damage from it. Judge Surrick ruled that Article III of the Constitution limited him to handling cases of specific personal injury. Ironically, he cited as precedent a case where someone tried to sue McCain saying that he was unqualified (the PNZ thing again) which was also dismissed on the same grounds. Later cases have used Surrick's ruling as precedent as well. Including ones that tried to use a military person as their ace in the hole, such as Rhodes v. Macdonald.

Quote:
Protip: The fact that you like the something doesn't make it the answer either.

No, it's the Constitution and the judges' rulings that make it the answer. I'm but a mere conduit who gets to watch and laugh as you throw fits over it not getting the answer you want.

As an addendum to a post above, a brief survey shows that the Supreme Court has also refused to hear birther cases in Donofrio v. Wells & in Wrotnowski v. Bysiewicz and refused to intervene in a sanction against Orly Taitz for her Rhodes v. Macdonald case which was deemed frivolous.

Edited, Oct 14th 2010 7:59pm by Jophiel
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#51 Oct 14 2010 at 7:13 PM Rating: Good
Jophiel wrote:
gbaji wrote:
And there is a question as to whether Obama was born in Hawaii.

Not to the folks who mattered, there wasn't. You keep thinking that you throwing a hissy fit changes who matters in these situations. It doesn't and you don't.

Quote:
Why?

Because they were most directly affected and suffered damage from it. Judge Surrick ruled that Article III of the Constitution limited him to handling cases of specific personal injury. Ironically, he cited as precedent a case where someone tried to sue McCain saying that he was unqualified (the PNZ thing again) which was also dismissed on the same grounds. Later cases have used Surrick's ruling as precedent as well. Including ones that tried to use a military person as their ace in the hole, such as Rhodes v. Macdonald.

Quote:
Protip: The fact that you like the something doesn't make it the answer either.

No, it's the Constitution and the judges' rulings that make it the answer. I'm but a mere conduit who gets to watch and laugh as you throw fits over it not getting the answer you want.

As an addendum to a post above, a brief survey shows that the Supreme Court has also refused to hear birther cases in Donofrio v. Wells & in Wrotnowski v. Bysiewicz and refused to intervene in a sanction against Orly Taitz for her Rhodes v. Macdonald case which was deemed frivolous.

Edited, Oct 14th 2010 7:59pm by Jophiel


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