On March 13, California Superior Court Judge Michael Kenney tentatively ruled against Alan Keyes, in the lawsuit concerning whether President Barack Obama meets the constitutional qualifications to be president, and whether the California Secretary of State should have put him on the ballot. The case is Keyes v Bowen, 34-2008-8000096-CU-WM-GDS. The 6-page opinion seems to strengthen the rights of political parties to place anyone they wish on the November ballot, regardless of that candidate’s qualifications.
The decision says, “Defendants contend that Election Code sec. 6901 requires the Secretary of State to place on the ballot the names of the candidates submitted to her by a recognized political party and that she has no discretion to override the party’s selection. The Court finds that the First Amended Petition fails to state a cause of action against the Secretary of State…Federal law establishes the exclusive means for challenges to the qualifications of the President and Vice President. That procedure is for objections to be presented before the U.S. Congress pursuant to 3 U.S.C. section 15.”
In 1968, the California Secretary of State refused to list Eldridge Cleaver on the November ballot as the presidential nominee of the Peace & Freedom Party. Cleaver and PFP sued the Secretary of State, but the State Supreme Court refused to hear the case, by a 6-1 vote. Cleaver and the party then asked the U.S. Supreme Court to intervene, but that Court refused, 393 U.S. 810 (October 7, 1968). In this current Keyes lawsuit, attorneys for the Defendants claimed there was no such lawsuit. The attorney for Keyes did not have the California Supreme Court citation (58 Minutes 411), nor the U.S. Supreme Court cite, so he wasn’t able to establish the existence of this 40-year old precedent that does seem to give the Secretary of State the authority to refuse a party’s choice for president, if the Secretary of State thinks the party chose someone who doesn’t meet the constitutional qualifications. Keyes will appeal and his appeal will include the Cleaver precedent citation.
Eldridge Cleaver had been removed from the California ballot because the Secretary of State had learned that he was only 33 years old.
🙁 Obama is hideing something. If I was hireing some one who refused to provide the documents that are needed for a simple security clearance to go on a Naval Base and caulk windows, and they acted like Obama has acted over the COLB Stuff, then I would have to put thier application in the trash and move on. If you are a Judge and happen to read this… Get real and do your job. Hear the case and let the truth come out. Everybody knows he is trying to cover something up, what we are entitled to know, he works for us
Get a life. Obama doesn’t have to prove anything. YOU have to prove he’s not qualified. The ONLY way he would not be qualified is if he was born in Kenya, and even then he would qualify. However, since his mother was never in Kenya and there is no proof that she ever was, and since his father was not in Kenya in 1961, then his mother, an 18-year-old pregnant white girl living in Hawaii with her parents, would have had to go to Kenya which was at the tail end of the Mau Mau uprising, WITHOUT her husband to have a baby. For what purpose? It never happened. Even you can’t believe that.
An appeal to the Supreme Court was inevitable in either event. If we are just going to ignore the Constitution, maybe the Republicans should nominate Gov. Arnold next time around?
P.S. to TJ:
The burden of proof for quo warranto is actually on the elected official, in this case Barack Obama, to establish that he meets the Constitutional qualifications. It usually arises in a civil case as a plaintiff’s claim (and thus a “cause of action” instead of a writ) that some governmental or corporate official was not validly elected to that office or is wrongfully exercising powers beyond (e.g. ultra vires) those authorized under the law.
Keep in mind that Hawaii Revised Statute 338-178 at the time of Obama’s birth allowed for registration of said birth in Hawaii of any child that was born outside of Hawaii to parents who, for a year preceding the child’s birth, claimed Hawaii as their place of residence.
In addition, between December 24, 1952 and November 13, 1986, federal law specified that if you were born outside of the United States and only one of your parents was a citizen, that parent must have resided in the United States for at least 10 years, at least 5 of which were after the age of 16.
READ: http://travel.state.gov/law/info/info_609.html
“Short-form by declaration†fraud is therefore a plausible explanation that seems to fit the known facts in this case. If Obama was born in Kenya, and if his mother simply traveled back to Hawaii with him shortly thereafter (and falsely declared his birth including any newspaper announcements), then she alone broke the law, without the assistance of any elaborate conspiracy.
Obama may not even know the truth — although I doubt that — the original LONG FORM vault record in Hawaii, if it exists, has not been examined, and Obama has refused to allow it to be examined but rather has “wasted” legal fees to fight every effort to uncover the truth (it is true that the Government of Hawaii has stated that the “Certificate of Live Birth” — which appeared on Obama’s website and FactCheck.org — is valid, and it may be valid, if it was produced from short-form database records). However, if the short form records were fraudulently established by declaration, in the absence of a long-form witness of live birth, then a fraud has been perpetrated.
There is also evidence by HIS OWN GRANDMOTHER (I can’t even keep straight all of his half-brothers and sisters) that Obama was born in what is now Kenya. The Constitution requires the President to be a “natural born” citizen, regardless of electoral or popular vote. Given all of these circumstances it is REASONABLE to have some suspicion about his legal qualifications for the job.
DEMOCrat! –
** BARRY ** BARAK ** BARACK ** BARRACK ** HUSSEIN
** MOHAMED ** ABDULLAH ** BIN SOETORO ** ONYANGO
** UBAMA –
ILLEGAL ALIEN , kenya
PETITION: –
http://www.worldnetdaily.com/index.php?fa=PAGE.view&pageId=81550
Since when do Electors of a sovereign State of the Union NOT have *standing* regarding the qualifications of a President of the U.S.A. being chosen by 12th Amdt Prez Electors who are being chosen by such State Electors pursuant to Art. II ???
Truly EVIL and MONSTROUS — just the way New Age expedient statists love to have LAWLESS stuff go on and on.
Natural born = at birth allegiance to the U.S.A. unlike allegiance via immigration naturalization after birth.
Is Obama NOT a natural born U.S.A. citizen because his father was a subject of the British Empire in 1961 on the day that Obama was born — WHERE EVER he was born ???
“In this current Keyes lawsuit, attorneys for the Defendants claimed there was no such lawsuit.”
What is your source for this? Thanks.
Face it, they keep bring up these conspiracy theories about the President because they just don’t like him. They don’t like how popular he is, or just want attention, or something, and want to try everything they can to tear him down.
Do you honestly think that if there was any validity to this, the FBI or someone in law enforcement with credibility would have opened an investigation by now?
Keyes is just sore that he lost so badly in the election last year. Get over it.
The Cleaver situation was different–because someone (probably not the secretary of state) filed a lawsuit before the election. They didn’t wait until the entire country had voted.
If he were not hiding something why would he spend in excess of $800,000.00 in legal fees to keep from producing it? If he were the man he has tried to make the American public think he is “Transparency of government”. If that was his true agenda he would have released the long form birth certificate to be printed on the front page of every American newspaper.
I would like to know where the journalist of yesterday have all gone. The ones that made it their life’s work to uncover injustices. I have never been so discussed and disillusioned in government, the news media, and the American people. This election was influenced entirely by the media. A man by the name of George Soros spent $27,0000,0000.00 to make sure Obama was elected. If voters would have done what John McCain said and checked the record. They would have know how Obama voted on issues in the past. The ones he actually voted on. He voted right along with the Bush Administration most of the time. God help us because it’s clear that our elected officials won’t. Come on almost everyone the man knows is a criminal or hater of the white color. How many of you have actually listened to Rev. Wright’s sermons? They are frightening. When you say something about Obama people say you are a racist. I am not nor ever have been. I would have voted for Collin Powell if he had run but I think he has too much integrity to want the job.
Many of you seem to be missing the main thrust of the judges ruling-this is not a matter for the courts, but for Congress. Congress decides what the phrase “natural born citizen” means and what documents are required. By not objecting at the appropriate time (when the Electoral college votes were counted), Congress (the only ones who count) in fact decided that Obama is a natural born citizen. That decision was final and not subject to court review or do overs. It matters not whether Obama is hiding some deep dark secret or simply flipping the bird to a bunch of wing nuts, the matter is OVER and he is President. The only recourse is impeachment, and good luck with that.
Here we are again and yet; arguing the case which is continuing to be a non-case, all because Obama refuses to simply provide the PROOF and, instead, prefers to pull the wool over the eyes of his woshippers (and those who have paid no attention).
As a child with dual-citizenship, he cannot NOW be a man with “natural-born citizenship” status. It’s a simple as that.
Not natural-born (did it take a court order for one to obtain status)? Can’t be president of THESE united states. And the kids who are still suffering from Obama Derangement Syndrome STILL don’t get it. They cannot get it.
Eldridge Cleaver was removed by the California Secretary of State because he was not qualified.
But this judge is saying that the California Secretary of State has no discretion to override a party’s selection, and they can choose anyone.
This is a direct contradiction! Either she does or she does not have the power to enforce the law. So who does have the power to remove unqualified candidates?
#15 How do you remove someone from the ballot of an election that’s over? In Cleaver’s case the election hadn’t happened yet. Besides, there was clear evidence of his age on his birth certificate. In Obama’s case his birth certificate says he was born in Hawaii and all the other side has put forward is conjecture and speculation without a shred of actual EVIDENCE to back it up.
Re: “Keep in mind that Hawaii Revised Statute 338-178 at the time of Obama’s birth allowed for registration of said birth in Hawaii of any child that was born outside of Hawaii to parents who, for a year preceding the child’s birth, claimed Hawaii as their place of residence.”
That was not passed until 1982.
Re: “There is also evidence by HIS OWN GRANDMOTHER (I can’t even keep straight all of his half-brothers and sisters) that Obama was born in what is now Kenya.”
No there is no evidence. If you are referring to the grandmother tape, this tape actually says that he was born in Hawaii. This occurs right after the interviewer asks the clear question: “Where was he born?â€
To hear the full recording of the Obama grandmother interview, go to: ?†http://www.obamaconspiracy.org/2009/01/independent-grandmother-transcript/ (Click on full Sarah Obama Tape.)
As for the alleged statements by half-brothers and half-sisters, no one has actually seen them. Berg claims to have those statements, but he has never posted them.