As some of you may know already, on 12/8 and 12/15 respectively, the Donofrio and Wrotnowski stay requests (to stop Electors from casting their ballots on 12/15)were denied by SCOTUS. Though a setback for the Constitution, the setback may be reversible within the next several weeks.
It may be worth mentioning that neither stay request was specifically denied certiorari, i.e. a full Court hearing, by SCOTUS, apparently because judicial review is allowd only after the Electors vote on 12/15/08 AND only after Congressional Certification (approval of election results) on 1/9/09.
If certiorari is eventually granted, which is at this point doubtful, judicial review, if any, may occur only after the Congressional process has run its course.
The 20th Amendment provides guidance as to how to proceed if a President-elect (which, despite Mr. Obama's impressive podium seal, he is not until 1/9/09) is rendered qualified.
As indicated previously, a President-elect's eligibility can be properly challenged during "the time prior to inauguration" (1/20/09)1/20/09--but, of course, in a free society such as ours legal challenges to his qualifications are allowed long after if the issue of his eligibility remains unresolved. And in the works are scores of other suits with that challenge in mind.
Per 12th Amendment and 3 USC 15, the objection of one Senator and one Representative is all that is required to prevent Congressional Certification. So, if safeguarding the Constitution is important to us--and I know that it si--we need to start contacting our Senators and Congressmen NOW--before 1/9/09--and urge them to raise constitutional oobjetions to Obama's eligibilti before Inauguration Day.
If interested in contacting your congressional delegation on this subject, here is a sample letter I recently ran across somewhere on the internet which spells it out perfectly:
Article II, Sec 1 of the US Constitution reads: "No Person except a natural born citizen of the United States, or a citizen at the time of the Adoption of Constitution, shall be eligible to the Office of the President, neither shall any person be eligible to that office who shall not have attained the age of thirty five Years, and been fourteen Years resdient of the United States."
There are numerous questions as to Mr. Obama's citizenship status which raise suspicions and doubt about his constitutional qualifications to be president. To settle this question, Mr. Obama must produce proof of citizenship.
Documents that must be produced include:
1. certified copy of "vault" (original long form version)birth certificate
2. certified copies of all re-issued and sealed birth certificates in the the names of Barack Obama, Barry Soetoro, Barry Obama, Barack Dunham and Barry Dunham
3. certified copy of Certificate of Citizenship
4. certfified copy of Oath of Allegiance taken upon age of maturity
5. certified copies of admission forms for Occidental College, Columbia University and Harvard University Law School
6. certified copies of any court orders or legal documents changing his name form Barry Soetoro
It is reasonable that these documents should be produced considering that his father is Kenyan, his adoptive father is Indonesian, and his grandmother claims to have been present at this birth in Kenya. If he is a natural born citizen of the United States then producing these documents should not be any problem.
The suspicions regarding his qualifications to assume the Office of the President of the United States will not go away until Mr. Obama produces proof of his citizenship to federal authorities and the public. If he will not do so voluntarily, he must be compelled by every means available. You, as a representative of the People, have sworn an oath to support and defend the Constitution.
We the People are demanding that you, as our representative, make every effort, both public and private, to resolve this fundamental Constitutional question before January 20, 2009.
For God's sake, Mr. Obama, show us your Birth Certificate--not a worthless "certification" of live birth! If there's nothing to hide, put this distressing and potentially explosive constitutional issue behind us once and for all! Don't allow a dark cloud of toxic suspcion to cloak the legitimacy of your Presidency and Administration. Do the right thing before it spins out of control.
(NOte: After many hours of digging, I finally managed to pull together a rather comprehensive--though certainly not exhaustive--sequential summary of the law since 1790 as it specifically relates to the "natural born citizen' requirement. Though unavoidably lengthy, I felt that since the legal challenges are far from over, my having something of a legal summary handy might be helpful. If interested in reviewing the summary, on 12/20 it will appear on this blog under the heading "SCOTUS-POTUS Legal Summary". And since there are so many issues out there just screaming for attention, after these two SCOTUS-POTUS posts I will refocus my energies. Besides, I need a break. But, I will also keep my eye on S-P developments as well. Of that you may be certain.
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