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Breaking News** SCOTUS Has No Original Jurisdiction To Issue A Writ of Quo Warranto re Obama; Legal presumption in favor of natural born citizen claus

 
ALL THE CASES WILL FAIL
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03/20/2009 12:37 AM
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Breaking News** SCOTUS Has No Original Jurisdiction To Issue A Writ of Quo Warranto re Obama; Legal presumption in favor of natural born citizen claus
Before I address the legal facts of this headline, I want to address all of the other Presidential eligibility cases that went before SCOTUS including my own. It’s true that - technically - Donofrio v. Wells could still be pending if I chose to submit a full petition for writ of certiorari. Many have written to me and asked why I haven’t resorted to that tactic. The answer is fairly simple: my case is moot.

The same is true for Wrotnowski v. Bysiewicz, Lightfoot v. Bowen and the Berg cases, all of which asked for emergency stays or emergency injunctions to stop a candidate from becoming “president-elect” and later president.

Once my case stay application was denied, I had exhausted the only emergency procedure available to me and the US Supreme Court Rules would not have facilitated the resolution of a full petition before the candidate was sworn in as President (or become president-elect).

When Obama was sworn in by Chief Justice Roberts as President, our Constitutional separation of powers kicked in big time. Because of the separation of powers enumerated in our Constitution, the United States Supreme Court has no ability to remove a sitting President. Nowhere in the Document does it give the Supreme Court (or the judicial branch) any authority to remove a sitting President.

All of the eligibility law suits - brought before electoral college votes were counted in Congress - sought to challenge the qualifications of candidate Obama to be President. Once he graduated from “candidate Obama” to “President-elect Obama” and later “President Obama”, every single eligibility law suit pending before SCOTUS became moot.

Those actions are moot because SCOTUS has no authority to act on the relief requested in those law suits. And SCOTUS knows this better than anybody else.

Full petitions or motions to reconsider filed in any of the eligibility suits that went to SCOTUS before Obama became President (including my own) now leave SCOTUS with only one possible course of action thereto: a Supreme dog and pony show. And I don’t think Chief Justice Roberts will be calling in the Westminster Kennel Club anytime soon. Those cases are dead done and dusted. Call the embalming squad.

POINT I: SCOTUS HAS NO ORIGINAL JURISDICTION TO ISSUE WRITS OF QUO WARRANTO.

Article 3 Section 2 of the US Constitution grants SCOTUS its authority as follows:

“In all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party, the supreme Court shall have original Jurisdiction. In all the other Cases before mentioned, the supreme Court shall have appellate Jurisdiction, both as to Law and Fact, with such Exceptions, and under such Regulations as the Congress shall make.”

There you have it. SCOTUS only has original jurisdiction over cases affecting Ambassadors, other public Ministers, Consuls and where a State is a party to the law suit. If the action is not in aid of their appellate jurisdiction, then that law suit cannot originate with the United States Supreme Court. A quo warranto to determine POTUS eligibility brought directly to SCOTUS does not fall within their Constitutional authority. [Thanks to reader "Lawyer" for her insights on this issue.]

SCOTUS can probably review a quo warranto case under the All Writs Act. But such review is only available if it comes within their appellate jurisdiction. Original jurisdiction cannot be invoked for writs of quo warranto and any attempt to institute a proceeding in quo warranto directly with SCOTUS should fail. It would be a violation of the Constitution.

US Code Section 1651, aka “the all writs act”:

(a) The Supreme Court and all courts established by Act of Congress may issue all writs necessary or appropriate in aid of their respective jurisdictions and agreeable to the usages and principles of law.
In the landmark SCOTUS case, Marbury v. Madison, the Supreme Court dealt with this exact issue, whether SCOTUS had original jurisdiction to entertain one of the extraordinary writs. In that case, it was a writ of mandamus. And SCOTUS held they did not have any authority to act under original jurisdiction to issue the writ:

The constitution vests the whole judicial power of the United States in one supreme court, and such inferior courts as congress shall, from time to time, ordain and establish. This power is expressly extended to all cases arising under the laws of the United States; and consequently, in some form, may be exercised over the present case; because the right claimed is given by a law of the United States.

In the distribution of this power it is declared that ‘the supreme court shall have original jurisdiction in all cases affecting ambassadors, other public ministers and consuls, and those in which a state shall be a party. In all other cases, the supreme court shall have appellate jurisdiction.’…

…If congress remains at liberty to give this court appellate jurisdiction, where the constitution has declared their jurisdiction shall be original; and original jurisdiction where the constitution has declared it shall be appellate; the distribution of jurisdiction made in the constitution, is form without substance. (Emphasis added.)

SCOTUS cannot entertain any quo warranto brought directly to it. They must wait for it to come on appeal. Please take note of the statement above concerning the Constitution’s grant of Congressional authority to ordain and establish inferior courts. It is this Congressional power coupled with the exclusive power given to Congress to remove a sitting President which was exercised by Congress within the very text of the District of Columbia Code’s quo warranto statute.

more at link

[link to naturalborncitizen.wordpress.com]

Last Edited by SPUD on 01/25/2012 10:07 PM
Anonymous Coward
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03/20/2009 01:01 AM
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Re: Breaking News** SCOTUS Has No Original Jurisdiction To Issue A Writ of Quo Warranto re Obama; Legal presumption in favor of natural born citizen claus
I read it, but it's still a bit too "legalese" for me.
What I get out of it, is that a case cannot be brought before SCOTUS concerning the eligibility (specifically citizenship) of POTUS without having run it's course through the appellate court system.

Then again, it's late, and I may just not be comprehending as well as I should be.

Either way, seems to be good info, but would it be possible to post a bullet point summary?
GraftedPromise U$$ofA
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03/20/2009 10:51 AM
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Re: Breaking News** SCOTUS Has No Original Jurisdiction To Issue A Writ of Quo Warranto re Obama; Legal presumption in favor of natural born citizen claus
.
... justice is dead ...
.
Anonymous Coward
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03/20/2009 11:42 AM
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Re: Breaking News** SCOTUS Has No Original Jurisdiction To Issue A Writ of Quo Warranto re Obama; Legal presumption in favor of natural born citizen claus
Sounds like impeachment is the only way to get rid of the interloper.

On the other hand, if a large number of military men refused to follow presidential orders.....
Anonymous Coward
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03/20/2009 11:48 AM
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Re: Breaking News** SCOTUS Has No Original Jurisdiction To Issue A Writ of Quo Warranto re Obama; Legal presumption in favor of natural born citizen claus
He will crash it all anyway. Even Donofrio has left him to it.
Anonymous Coward
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03/20/2009 11:49 AM
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Re: Breaking News** SCOTUS Has No Original Jurisdiction To Issue A Writ of Quo Warranto re Obama; Legal presumption in favor of natural born citizen claus
Sounds like impeachment is the only way to get rid of the interloper.

On the other hand, if a large number of military men refused to follow presidential orders.....
 Quoting: Anonymous Coward 357422


The socialists own the Senate and Congress, so there will be no impeachment.
Anonymous Coward
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03/20/2009 11:54 AM
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Re: Breaking News** SCOTUS Has No Original Jurisdiction To Issue A Writ of Quo Warranto re Obama; Legal presumption in favor of natural born citizen claus
Looking at this a little deeper, the S Ct does not have original jurisdiction over the matter, but it DOES HAVE appellate jurisdiction if someone starts a suit in a lower court.

"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..."

This is the supreme law of the land, if Obama is not a natural born citizen, he is a lawbreaker.

My bet is that the federal district courts, circuit courts of appeal and S Ct will use every twist and turn that they can to avoid hearing any case that is brought on the matter.
Anonymous Coward
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03/20/2009 12:06 PM
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Re: Breaking News** SCOTUS Has No Original Jurisdiction To Issue A Writ of Quo Warranto re Obama; Legal presumption in favor of natural born citizen claus
The S Ct doesn't have original jurisdiction which means you can't start the suit at the S Ct level, but it does have appellate jurisdiction in ALL cases based on the Constitution and US law. They could hear and rule on a case started in federal district court that proceeds through the circuit court of appeals on to the S Ct. They all will do everything in their power to avoid it.
Anonymous Coward
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03/20/2009 12:09 PM
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Re: Breaking News** SCOTUS Has No Original Jurisdiction To Issue A Writ of Quo Warranto re Obama; Legal presumption in favor of natural born citizen claus
so basically we are screwed
georgebushworstprezev​er
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03/20/2009 01:16 PM
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Re: Breaking News** SCOTUS Has No Original Jurisdiction To Issue A Writ of Quo Warranto re Obama; Legal presumption in favor of natural born citizen claus
Hehe....well, it looks like a light bulb finally went off in Donofrio's head. Why he didn't grasp the point he makes toward the end of his comments until now just goes to show what a legal genius he is, eh? (I love the part where he gives credit to his sister for this. That is too funny for words.)
georgebushworstprezev​er
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03/20/2009 04:54 PM
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Re: Breaking News** SCOTUS Has No Original Jurisdiction To Issue A Writ of Quo Warranto re Obama; Legal presumption in favor of natural born citizen claus
bump
entropy

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03/20/2009 04:57 PM
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Re: Breaking News** SCOTUS Has No Original Jurisdiction To Issue A Writ of Quo Warranto re Obama; Legal presumption in favor of natural born citizen claus
:cowbell2:
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Nikki_LaVey

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03/20/2009 04:58 PM
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Re: Breaking News** SCOTUS Has No Original Jurisdiction To Issue A Writ of Quo Warranto re Obama; Legal presumption in favor of natural born citizen claus
Sounds like impeachment is the only way to get rid of the interloper.

On the other hand, if a large number of military men refused to follow presidential orders.....
 Quoting: Anonymous Coward 357422


They will go to jail!
How Can You Be Two Places At Once When You're Not Anywhere at all
Anonymous Coward
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03/20/2009 05:09 PM
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Re: Breaking News** SCOTUS Has No Original Jurisdiction To Issue A Writ of Quo Warranto re Obama; Legal presumption in favor of natural born citizen claus
Hehe....well, it looks like a light bulb finally went off in Donofrio's head. Why he didn't grasp the point he makes toward the end of his comments until now just goes to show what a legal genius he is, eh? (I love the part where he gives credit to his sister for this. That is too funny for words.)
 Quoting: georgebushworstprezever 565924


He just sees the doom. He will have the last laugh and not you.
Anonymous Coward
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03/20/2009 05:13 PM
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Re: Breaking News** SCOTUS Has No Original Jurisdiction To Issue A Writ of Quo Warranto re Obama; Legal presumption in favor of natural born citizen claus
People like you and Nikki never win in the end.

It's just a question of time.
Anonymous Coward
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03/21/2009 06:18 AM
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Re: Breaking News** SCOTUS Has No Original Jurisdiction To Issue A Writ of Quo Warranto re Obama; Legal presumption in favor of natural born citizen claus
BUMP
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11/10/2014 08:25 AM
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Re: Breaking News** SCOTUS Has No Original Jurisdiction To Issue A Writ of Quo Warranto re Obama; Legal presumption in favor of natural born citizen claus
This stuff takes YEARS (2 when fast) to sort out by that time he will be out of office.

I read it, but it's still a bit too "legalese" for me.
What I get out of it, is that a case cannot be brought before SCOTUS concerning the eligibility (specifically citizenship) of POTUS without having run it's course through the appellate court system.

Then again, it's late, and I may just not be comprehending as well as I should be.

Either way, seems to be good info, but would it be possible to post a bullet point summary?
 Quoting: Anonymous Coward 468050
Shirley U. Jest

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11/10/2014 08:33 AM
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Re: Breaking News** SCOTUS Has No Original Jurisdiction To Issue A Writ of Quo Warranto re Obama; Legal presumption in favor of natural born citizen claus
SCROTUS.




Sorry.
Anonymous Coward
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11/11/2014 12:59 PM
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Re: Breaking News** SCOTUS Has No Original Jurisdiction To Issue A Writ of Quo Warranto re Obama; Legal presumption in favor of natural born citizen claus
This stuff takes YEARS (2 when fast) to sort out by that time he will be out of office.

I read it, but it's still a bit too "legalese" for me.
What I get out of it, is that a case cannot be brought before SCOTUS concerning the eligibility (specifically citizenship) of POTUS without having run it's course through the appellate court system.

Then again, it's late, and I may just not be comprehending as well as I should be.

Either way, seems to be good info, but would it be possible to post a bullet point summary?
 Quoting: Anonymous Coward 468050

 Quoting: Awake50


Did you notice that opponents of Obama's eligibility have a perfect record of failure in any court of original jurisdiction? Every single case, without exception, failed.
Anonymous Coward
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11/11/2014 01:34 PM
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Re: Breaking News** SCOTUS Has No Original Jurisdiction To Issue A Writ of Quo Warranto re Obama; Legal presumption in favor of natural born citizen claus
You're right, but Congress does have the power to remove him...
Anonymous Coward
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11/11/2014 01:36 PM
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Re: Breaking News** SCOTUS Has No Original Jurisdiction To Issue A Writ of Quo Warranto re Obama; Legal presumption in favor of natural born citizen claus
You're right, but Congress does have the power to remove him...
 Quoting: Anonymous Coward 62331761


They can impeach him. But it has nothing to do with his eligibility.

Its unlikely that they will, though. As Obama is a lame duck for the next 2 years. His irrelevance serves them far more than his impeachment. The latter would almost certainly be a rallying cry for democrats to push voter participation even higher in 2016. And democrats do well when more people vote. Republicans, when less people vote.





GLP