Birthers are launching yet another scheme to challenge President Obama's legitimacy as President of the United States. The scheme involves a legal maneuver known as "quo warranto", a prerogative writ requiring the person to whom it is directed to show what authority he has for exercising some right or power (or "franchise") he claims to hold.
This new attempt to get at Obama is a circuitous affair, centering on the Chrysler bailout, and Obama's authority to use Troubled Asset Relief Program funds to bail out Chrysler. Former Chrysler dealers who lost their businesses as part of the restructuring of the automobile company are filing a legal challenge to that restructuring in bankruptcy court.
World Net Daily is reporting that along with a bankruptcy court challenge, a "quo warranto" case is being filed in Washington, D.C., demanding to know by what authority administration officials set up the financial arrangements with Chrysler and handed out taxpayer money.
As part of the demand for information about the authority used, there will be questions about Obama's eligibility to be president. Thus, quo warranto.
The attorneys of record are the infamous Leo Donofrio, an underground rock star in the Birther -wing nut cabal, and Stephen Pidgeon.
Not to be out done, Orly Taitz Esquire is pursuing a similar line of attack. Her latest blog entry reads: CALL LOU DOBBS, SEE IF HE WILL AGREE TO BE ONE OF MY PLAINTIFFS IN QUO WARRANTO ACTION AGAINST OBAMA?
Birthers in the know have a new strategy, they no longer claim Obama was born in Kenya, but now contend that since by Obama's own admission his father never was a U.S. citizen, Obama was born a dual citizen. The framers of the Constitution, they argue, did not consider a dual citizen to be a "natural born citizen" as required for the presidency.
The Birthers are wrong. The fact is Obama is a natural born citizen, because he was born on native soil. This is all that English common law, or the US Supreme Court, requires to satisfy the claim as natural born citizen.
Comments
There seems to be a lot of proof that barry soetero wasn't born on American soil, I'm not stating whether it's true or false but WHY DOESN'T barry show his birth certificate, WHY????
Mikey thanks for explaining what "quo warranto" means, I'm just regular folk and not a educated academic like yourself, I certainly don't know much Latin. Any "Free the Weed" articles anytime soon?
Peace
420
A citizen defined by the 14th Amendment requires birth on the soil *and* subject to the jurisdiction of the USA. If Barack Hussein Obama II, was born in Hawaii, he can only meet the qualification on his mother's side, but his father was a British subject, making BHO II a dual-national at birth. Statutorily he could lose or surrender British nationality, but then he would be a naturalized citizen. Some speculation has been made that Obama took the oath of office twice, first to become a naturalized citizen, but then he would still be ineligible for president. A writ of quo warranto is welcome, now let's see where it goes.
The definition of the term, “natural born citizen”, was entered into the Congressional record of the House on March 9, 1866, in comments made by Rep. John Bingham on the Civil Rights Act of 1866, which was the precursor to the Fourteenth Amendment. He repeated Vattel’s definition when he said:
“[I] find no fault with the introductory clause, which is simply declaratory of what is written in the Constitution, that every human being born within the jurisdiction of the United States of parents not owing allegiance to any foreign sovereignty is, in the language of your Constitution itself, a natural born citizen. . . . ” — John A. Bingham, (R-Ohio) US Congressman, March 9, 1866 Cong. Globe, 39th, 1st Sess., 1291 (1866), Sec. 1992 of U.S. Revised Statutes (1866).
Obama’s father owed allegiance to a foreign sovereignty at the time of Barack Obama II birth. Therefore, Obama owes allegiance to a foreign sovereignty and can not be a natural born citizen of the United States of America.
The 1866 entry into the record is crap and means nothing. Later interpretation was relaxed and includes born in the US. He's legally president by the will of the majority.
english common law has nothing to do with it. what do you think the american revolution was all about. they were moving away from english common law, and used natural law. natural law became "the common law", which is quite different to english common law.
so i suggest perhaps reading some law and understanding how the usa actually works.
well done for actually reporting on this issue though,as most wont. just a shame you got it wrong.
ps - it is not a new tactic. it just seems that way because the media would not report that issue previously. they concentrated on the birth certificate, because it was easit to ridicule and marginalise people that questioned his eligibility if the focus was on this.
Michael Stone is a meathead.
Coolpillow, you've got the right quote, but the wrong definition of what "owing allegiance to any foreign sovereignty" means. By Enligsh common law, the phrase was used to mean someone, like an ambassador or invading army, that was on the soil under the authority of another country. It never has meant "a citizen of a different state."
Because President Obama's father was simply in the US on a student visa, and not as an ambassador, he did not owe allegiance to another country. His son, President Obama, is a natural-born American citizen.
What ever the hell it takes....
Or, a phrase Mikey knows and enjoys. By any means necessary!
None of this matters anyway. The world is coming to an end. They have arrived! They are here again.
www.dailymail.co.uk/news/worldnews/article-1234430/Mystery-spiral-blue-light-display-hovers-Norway.html
That "blue light" might be "The One" ascending to claim his Nobel Peace Prize
The 1866 entry into the record is crap and means nothing. Later interpretation was relaxed and includes born in the US. He's legally president by the will of the majority.
Obama has a big, big problem now. Qou Warranto is the way to remove a sitting president or any elected official. The framers of the constitution used Law of Nations define Natural Born Citizen. As such, there is no way Obama is a Natural Born Citizen. There are at least 3 US Supreme Court Justices as they referred one of Leo Donofrio's cases into closed Chambers earlier this year. By doing so they (not all them) Justices said that yes there is an issue but you don't have standing. Get standing and you have a case.
Obama cannot deny that he was governed by England at Birth because he said it himself. As far as laxing laws, there is no such thing even when he was voted in. The american people did not know that Obama was not eligible. The assumed he was eligible. It was Pelosi on behalf of the DNC that said he was eligible. Also, Obama said he was eligible when he signed the doc saying he was running for president. If he had any doubt he shouldn't have signed it.It is now Treason!
this is not about "Birther". Birther was about a birth certificate. This case assumes Obama was born in Hawaii. Obama has a BIG problem on this one because he himself said he was "governed" by another country at birth. That means he cannot be a natural born citizen. If Obama is allowed to be president then Osama Bin Laden could impregnate an American woman and that child could be eligible to be president. Which brings up the constitution. Do you think the framers ever wanted a person governed by england to be president 200 years ago? And that is why they put in the consitution, "unless you were there at the signing of the costitution" because this allowed the framers (our forefathers) be president but NO ONE ELSE EVER!!! Thus Obama's problem. Obama knew this, for christ sakes he was a constitutional professor, or so he said he was. You have been con'd once again by Obama.
Hey Mikey do you think they'll really call Lou Dobbs?
Actually, Leo Donofrio has always maintained that he thinks Obama was born in Hawaii. He has been pushing the dual citizenship issue for a long time. Also, he once posted an analysis on his blog regarding the Wong Kim Ark case in which he showed that it was stated that Wong Kim Ark was NOT a natural born citizen even though he was born on U.S. soil.
Michael Stone you sir are a dingbat.
Once again, Borderraven aka Gerry "Ahoy there!" Nance is cutting and pasting the same tired old talking points he's spattered over most of the Internet. He was wrong in his blog, the Washington Independent, and plenty of other places, and he's still wrong today.
As for "problem" - sorry, but the President was born in Hawaii and is thus natural born. This allegedly worrying quo warranto case will be dismissed like all the others.
Hoax and change -
He did, over a year ago. Also, his name is not "Barry Soetoro," he was not adopted by his stepfather, and he's never been an Indonesian citizen.
Quo Warranto is America's last chance! The Communist coup is already in power. They have their sleeper in our White House, they own Congress, our Senate, our Federal Courts, and our media! The Military is the only part of our Government they don't control. Don't let them control you! The Obots are organized! They post their Obot Talking Points all over the net and some are paid by the DOJ and other Obama law firms. They can not have the truth, about their man acting as President, come out proving he is ineligible then the Communist invasion will come to a screeching halt. Enough Americans have learned the truth that no lies will cover the true facts about this man. Words mean things! Natural Born, native born, naturalized, citizen, all have different meanings. It is possible that Obama is a "citizen" but he has never proved that, and a "citizen" can not hold the office of President. A President has to be a Natural Born American Citizen. Obama was born a Brit and a Brit is ineligible---
Orly is a kook and a horrendous lawyer who will soon be disciplined by the bar for a variety of "ethical lapses", the least of which are ex parte communications (confronting John Roberts at a public event) and insulting judges.
She was having an affair with Charles Lincoln (a fat ugly felon/disbarred lawyer) who is now on the lam.
One could not make this insanity up!!!!!
You could be born in the Oval office and still not be an Natural Born Citizen. Why people don't understand Natural Born Citizen is beyond me, it is simple. You NEED to have TWO Parents who are American citizens that no other country can lay claim to. Hence Obama is NOT a Natural Born Citizen. People, it is simple stuff.
Don't confuse Naturalized Citizen, that is different completely. Only the President of the United States and the Vice President of the United States must be NATURAL BORN CITIZENS. No where else in our Constitution is there a requirement for Natural Born Citizen. That is why Schwazzerneger can be governor.
Bye, Bye Obama. You communist!
If you all are hanging your hopes on the likes of Oily Taters or Leo or any of the rest of these kooks you best be prepared for a quick ride to the bottom. The Congress voted to extend LOANS to Chrysler and gave the authority to work with the company. They had an obligation to come up with a working plan to bring the company back. The government didn't get them into trouble- they did that on their own. The president is a citizen & duly elected.
And idiots- It would seem that a majority of people in these United States do not agree with you about both parents being citizens, including the Chief Justice of the Supreme Court and the Republican Pary that wants to run Bobby Jindal for president. Neither of his parents were citizens when he was born. He wasn't even conceived here.
Me thinks the 70's just called and they want their moustache back Mikey.....
The idea that one must have two citizen parents to be natural born is not correct, per both Supreme Court rulings and the legal code. Orly Taitz, Phil Berg, Gerry "Ahoy there!" Nance, and all the rest of the birthers are flat-out wrong, and society would be much better off if they stopped clogging the courts and the Internet with their ravings.
As a son of two attorneys and a law student (Penn), I think that my sources know more about the law than this reporter and, trust me, he'll not be able to find--anywhere--proof that Barack Obama is a Natural Born Citizen. He can write it until hell freezes over and his graduates from the 70s but he will be wrong. This isn't a matter of opinion; it is a matter of fact.
I wish that editors exercised some due diligence before allowing such serious misrepresentations in articles. Ignorance doesn't advance their side; it just proves their disdain for their readers.
"My law professor disagrees with you" - please name the professor. I would very much like to who at the UPenn law school is teaching this to future lawyers.
Failure to name the said professor will, of course, lead to the impression that you are yet another birther who is lying in his/her teeth because you don't like the President and are not willing to abide by the election results.
Thank you.
Barry Soetero needs to come clean and show a legitimate birth certificate with a physicians signature on it.
It sounds like the "birthers" have a pretty good case...
"he'll not be able to find--anywhere--proof that Barack Obama is a Natural Born Citizen"
Sure you can. Hawaii DOH. You're a lying idiot.
"show a legitimate birth certificate with a physicians signature on it."
Show the part of the Constitution that demands a physician's signature. Racist idiot.
Show us the name of the hospital every President before Carter was born in.
STATEMENT BY HEALTH DIRECTOR CHIYOME FUKINO, M.D.
“I, Dr. Chiyome Fukino, Director of the Hawai?i State Department of Health, have seen the original vital records maintained on file by the Hawai‘i State Department of Health verifying Barack Hussein Obama was born in Hawai‘i and is a natural-born American citizen. I have nothing further to add to this statement or my original statement issued in October 2008 over eight months ago.”
Birthtards are pathetic, lying, traitorous cowards hiding their vile hatred behind the Constitution. The usual, OCD trolls like Nance have more spare time than common sense.
"It sounds like the "birthers" have a pretty good case..."
It reads like you're a clueless birthtard and troll posting under multiple names to comfort your painful cognitive dissonance and paranoid delusions. Your deranged opinions are irrelevant.
Why has Mr. Obama spent over $1.5M paid to Perkins Coie Law Firm to keep his original birth certificate, college transcripts, passport and other records hidden from the American public?
Why was his first order of business after the inauguration to sign an executive order ensuring these records are kept sealed?
Barry ought to take advantage of the opportunity the birthers are providing him. If he were to get kicked out of office he would become a martyr to lots of folks, he could blame the "racists", he could keep his nobel prize as proof that he was a great president, Joe Biden could take all the blame for the lousy performance of the current administration. Barry could put Jesse Jackson to shame, he'd be the ultimate top dog in the underdog oppressed crowd, he'd make millions!
Ya NAILED it "Bill"
Majority Will = Ellid
Good point B52RN!
Bill, Obama did not spend 1.5 million dollars to keep his records secret.
Too bad.
As far as Obama's Natural Born status: (paraphrased) U.S v. Wong Kim Ark "A child born in the United States of parents of foreign descent who, at the time of the child's birth are subjects of a foreign power but who have a permanent domicile and residence in the United States becomes a citizen of the United States AT THE TIME OF BIRTH".. [Natural born citizen]
That case has been cited over 1,000 times in cases involving citizenship status over the last 110 years. Your approach is a total dead end. If you are dead set on embarking on stupid, futile gestures to invalidate Obama, why not focus on something more interest grabbing, like his allegedly uncircumcised penis?
You gotta love the latest from Orly. She filed a brief in an appeal case, three weeks AFTER the court dismissed it. What a dunce.
How much did he spend "Chilidog" and why are his school records sealed?
I though Obongo promised TRANSPARENCY why is everything hidden with this guy?
Why is there a mystery about his BC? Why is his citizenship questionable? Why doesn't barry explain, WHY? WHY? What about Robert Creamer? What about George Soros? What about Andy Stern? Why Mikey Why?
MW, I doubt he spent anything. maybe a couple hundred to file motions to dismiss in the two or three court cases that named him before he became president.
As for the school records, they are sealed because that is the SCHOOL'S policy.
The 1.5 million was spent by Obama's PAC. But not to defend against Obama's personal lawsuits. It's illegal for the funds to be used for that purpose.
What do the commentators here think about Dr. Orly Taitz actions, and the manner in which she presents her case, is it professional?, is it just another forum for her to re-iterate points of view, and herself?
Should she not be accorded the respect of a serious lawyer, or just the rantings of her beliefs?
1990 - You need to learn how to process...reboot your brain,
please!
there is a new group formed that is now advocating to have Dr. Orly Taitz produce an original copy of her Birth Certificate, as there is strong evidence that she is not from this planet.
CEL3, well, for what it’s worth, Orly is a lousy lawyer who has no idea what she is doing. On the other hand, at least she is not as bad as that total scumbag she hired to write her legal briefs for her. They both, however, are pathological liars.
44% of those polled WANT GEORGE BUSH BACK!
www.politico.com/blogs/bensmith/1209/Bush_closes_the_gap.html
Hell at this point I'll take Jimmy Carter back, man this guy sucks...
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