Sunday, October 26, 2008

Constitutional Crisis

Judge Barclay Surrick created a constitutional crisis in his ruling yesterday in the Obama citizenship lawsuit. This is what the judge said that should be of great concern to all Americans:

“If, through the political process, Congress determines that citizens, voters, or party members should police the Constitution’s eligibility requirements for the Presidency, then it is free to pass laws conferring standing on individuals like Plaintiff. Until that time, voters do not have standing to bring the sort of challenge that Plaintiff attempts to bring in the Amended Complaint.”


In this statement Judge Surrick says Congress should confer our rights to us. This is not what the constitution is about. The Government is not supposed to be conferring rights on to the citizenry. The citizenry confers authority on the Congress. The 538 members of Congress are our representatives. In fact the 435 house members are called representatives. They represent us the people. They do not tell us what to do. They do not confer rights and standing to us. We the people confer standing to the Congress. We the people can take away their authority at anytime. We the people are the ones with a vested interest not the government.

Citizens have to be allowed to question our government officials. The people of this country should not be relegated to waiting for Congress to confer "standing" to us. We should be conferring standing to the Congress. This statement in the ruling says that we as citizens have no rights. It says that Congress can do whatever it desires after the election and the only time we can question our own government is at the polling booth. This is a very dangerous ruling.

This is what the ruling says: Anyone in the world can run for President of the United States. Here is another quote from Judge Surrick:

“…regardless of questions of causation, the grievance remains too generalized to establish the existence of an injury in fact. To reiterate: a candidate’s ineligibility under the Natural Born Citizen Clause does not result in an injury in fact to voters. By extension, the theoretical constitutional harm experienced by voters does not change as the candidacy of an allegedly ineligible candidate progresses from the primaries to the general election.”


In this judges opinion regardless of the questions concerning eligibility the grievance is too generalized and vague. It does not establish "injury in fact" to the citizens. We have to wait until after the election before there is injury?

Here is an example of how ludicrous this ruling is:

A company for an employee. The company hires a Temp Agency to find qualified applicants. The Temp agency provides two candidates. The company during interviews finds that the candidate they wish to hire may not be qualified. The Temp Agency then says the company is not able to inquire about qualifications until after the employee is hired.

America always vets their employees prior to hiring them. Employers always search the qualifications of their prospects. Additionally, the employees reserve the right to immediately fire employees upon finding deceit. In this case, we the citizens are the employer. We are hiring a temporary person to fill a vacancy as President. The Temp agencies we use are the political Parties. The temp agency or political parties in this case, have a responsibility to check into qualifications. However, it is still our responsibility to ensure the candidates are qualified.

Right now there are questions of eligibility. Obama refuses to provide a vault copy of his birth certificate. All Obama has ever provided is a short form. The short form says Obama has a vault copy and not much else. Now Obama supporters claim Obama released his birth certificate on his website. They claim it was independently verified by fact check. The problem is this: Hawaii does not even allow this short form to be used as proof of citizenship. It may be enough to secure a US passport but it is not enough to prove citizenship in Hawaii.

We have the responsibility to ensure we are voting for a qualified candidate. Once elected the damage is done. Under our constitution if we find out after the fact we may remove the President from office. However, under our constitution the process does not start over. We do not have a special election. We do not get to place an alternate candidate in place. No, there is a line of succession. In this case if the President is found ineligible after the fact the Vice President becomes President. In this case, the very people responsible of committing fraud would be rewarded for their efforts. If Obama is found ineligible after the fact, Joe Biden becomes President. The Democratic Party is then rewarded for perpetuating a fraud. We the people would have no recourse under our constitution accept to live with Biden for 4 years. This is why it is essential that we as citizens have standing. We as citizens require being allowed to request proof of eligibility. We are the employer not the temp agencies. This ruling gives away our rights a s citizens to the corrupt political parties and their party leadership. This is a ruling that has created a constitutional crisis.

1 comment:

Anonymous said...

Well said. Please call your Congressmen, the FEC, the Obama Campaign, the McCain Campaign, and all the news agencies. They can obscure the truth, but we don't have to roll over and play dead, accepting it.

Lori