The Gross National Debt

Monday, January 30, 2012

Not gonna happen

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A Georgia judge has ruled against the President. The suit challenges the president's standing as a natural citizen of the United States and seeks to have him removed from the ballot.

An extremely hyperbolic report here.

The POTUS didn't show for court. As expected.

From one legal side of this, if someone sues and the the sued side doesn't show up for court, the judge often has little choice but to find for the side that shows in court.

In this case, the judge had to rule against POTUS.

Don't expect to see his name removed from the Georgia ballot. While the judge didn't have much a choice in this matter, an appellate court will. Besides which, I suspect the judge in this case didn't research all the applicable laws and court cases.
Sue anyone anytime for anything. An American right.

On another legal side of this, the POTUS cannot be expected to appear in court every time he's sued. He'd simply have no time for anything else. I have not looked up the relevant laws and court decisions on this, but they are available.

I am told Sarah Palin resigned as governor of Alaska for this reason. She was spending far too much time in court defending herself. I cannot say this is a true, I can only say this is what I was told. Alaska has a different set of rules regarding politicians being hauled in court than most states.

For another reason the POTUS will be in the ballot, this is a "birther" issue. That's no pretty much irrelevant unless someone can come up with absolute proof the POTUS was not born on US soil.

Yes, it is that way. SCOTUS has already taken steps to put the current POTUS in office. He was sworn into office by a member of the Supreme Court with the concurrence of the remainder of the court. SCOTUS has determined the POTUS is eligible to be president.

SCOTUS' action trumphs any action or decision by a lower court.

'Round these parts of the South Georgia, we call this reality. You ain't gotta like it, but it ain't gonna change.

Yes, states do have some leeway in deciding who can be on the ballot. That's why some states have a LOT of people on the ballot for president and other states have only Reboobicans and Damnocrats and maybe Libertarians. But when it comes to the presidential election, federal law is going to play a role.

As to whether or not the POTUS was born in the United States, I do not know.

What I do know is

Age and Citizenship requirements - US Constitution, Article II, Section 1
No person except a natural born citizen, or a citizen of the United States, at the time of the adoption of this Constitution, shall be eligible to the office of President; neither shall any person be eligible to that office who shall not have attained to the age of thirty-five years, and been fourteen years a resident within the United States.

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