Politics
Out of context: Reply #16920
- Started
- Last post
- 33,773 Responses
- ********0
Forget BHO's SS#, this is worse...
http://www.americanthinker.com/2…Did Justia.com deliberately aid Barack Obama in 2008 by helping to hide the one legal case that might prevent him from legally qualifying for the presidency?
On October 20, 2011, New Jersey attorney Leo Donofrio accused online legal research behemoth Justia.com of surgically redacting important information from their publication of 25 U.S. Supreme Court opinions which cite Minor v. Happersett, an 1874 decision which arguably contains language that appears to disqualify anyone from presidential eligibility who wasn't born in the country to parents who were citizens.
According to the decision in Happersett:
At common-law, with the nomenclature of which the framers of the Constitution were familiar, it was never doubted that all children born in a country of parents who were its citizens became themselves, upon their birth, citizens also. These were natives, or natural-born citizens, as distinguished from aliens or foreigners. (Minor v. Happersett, 88 U.S. 162, 167 [1874])McCarthy v. Briscoe, 429 U.S. 1317 (1976)
On Nov. 3, 2008, one day before the election, Donofrio petitioned the U.S. Supreme Court to stay the ballots in New Jersey from being used the next day in the case Donofrio v. Wells, claiming that the eligibility of both Obama and McCain had not been verified by the NJ secretary of State as required by law.In his research, Donofrio had found a reference to McCarthy v. Briscoe, 429 U.S. 1317 (1976), an important precedent which allows the Supreme Court -- or even one justice acting alone if an emergency stay is requested -- to order a secretary of state to insert a name on the ballot. The holding of the case implies a reciprocal power to remove names from ballots for the several secretaries of State, as well as the U.S. Supreme Court.
Back in '08, Donofrio couldn't find the in chambers decision anywhere online. Forced to go old-school, he procured it from a brick-and-mortar law library. But to this day, McCarthy v. Briscoe remains elusive at Justia. If you look in their "Volume" database and click "429," all of the in chambers opinions are mysteriously absent.
- hahaDrBombay
- if you find breaking the law funny, I suppose it is then. precedents mean nothing?********
- I remember you being up in arms about Bush's first election and the law. Oh wait...TheBlueOne
- Rule of law for you and not them, huh, bumblefuck?TheBlueOne
- Sounds like the moral of the story is don't trust the internet and go the library...hellobotto
- ...before they close and you're left with privately-owned and opinion-based internet sites.hellobotto