Georgia Law Makes Secretary of State Responsible for Vetting Candidates!

[Jake Martinez]

OORAH!!

Posted on Post & Email-On December 9, 2011:

“BUT WILL THE LAW BE UPHELD?

Dear Editor:  The following letter was sent to Georgia Secretary of State Brian Kemp: 

December 8, 2011

Secretary of State Kemp, by certified mail:

Georgia O.C.G.A. Elections Title 21, Chapter 2 specifies the procedure for qualifying candidates.  O.C.G.A. 21-2-5© specifies that “The Secretary of State shall determine if the candidate is qualified . . .” My FOIA request for the certification of Barack Obama for our Georgia primary went unanswered.  Your lack of response implies that you have nothing, which makes it quite clear that Barack Obama was not qualified before placement on the Georgia ballot. enc. 5, 5a

Therefore you must remove Obama from the ballot until you can find that he has acceptable qualifications. enc. 4a However, I ask that you consider the following information in your deliberations.  It is information that clearly shows Obama cannot be qualified for the position of President of the united States.  You will conclude that Obama cannot be returned to the ballot.  To return Obama to the ballot would be additional misconduct on your part.  This is not a request or question for judicial hearing but rather a statement of your misconduct and request for redress by correction of your misconduct.  The law in Title 21 is clear!

The Minor v. Happersett SCOTUS opinion by Chief Justice Waite clearly states that natural born citizens are created by citizen parents (plural) as shown in enc. 1, attached.

The U. S. Congress affirmed this with eight failed attempts at changing the provision of Art. II, Sec. 1 of the Constitution by legislative order and/or amendment in enc. 2 and; finally settled on S. Res 511, co-sponsored by then Senator Barack Obama, which re-affirmed Minor by stating that natural born citizens came from American citizens (plural), enc. 3.  Schneider affirms that Amendment 14 does not pertain to the mandates of Art. II, Sec. 1. enc. 3a.    A rebuttal to the most recent iteration of Haskell’s CRS memo is included as enc. 3b.  Presidential candidates must be born of united States citizens (plural).

FactCheck, an arm of the liberal movement has confirmed that Obama’s reputed father was a British/Kenya citizen.  Obama’s FightTheSmears website concurs with FactCheck that his father was a foreign national, enc. 4.  Obama was not born of U. S. citizen parents (plural).

The DNC did not vet Obama as required by O.C.G.A. 21-2-5 (a), therefore you must first remove Obama from our ballot as not being certified and then review the data in my enclosures 1-4, which prove Obama is not qualified to be on our ballot for president.  This is your responsibility according to OCGA 21-2-5 (c).  You will see from the data in the attached enclosures that you then must not return Obama to our ballot.  See enc. 4a for the definition of your responsibilities, as defined by your predecessor in 2008. The law of Title 21 is clear.  It will be additional misconduct on your part to allow an unqualified candidate to appear on the ballot. 

The following excerpts have been made from the Georgia Codes for your reference.  They all have similar meaning and intent; that being: you have sworn an oath to defend the Constitution, there are very real penalties for not doing so.

Title § 1-3-6 – When laws become obligatory; effect of ignorance
After they take effect, the laws of this state are obligatory upon all the inhabitants thereof. Ignorance of the law excuses no one

Title § 45-3-15 – Loyalty oath — Proceeding for false swearing when oath violated O.C.G.A. 45-3-15 (2010) 45-3-15. Loyalty oath — Proceeding for false swearing when oath violated  If any person required to do so by Code Sections 45-3-11 through 45-3-14 and this Code section executes a loyalty oath and subsequently it is proved that said individual has violated the oath, then the governing authority shall institute proceedings in the proper court against such person for false swearing.

Title § 45-10-1 – Establishment and text of code of ethics for government service generally
Any person in government service should:
I. Put loyalty to the highest moral principles and to country above loyalty to persons, party, or government department.
II. Uphold the Constitution, laws, and legal regulations of the United States and the State of Georgia and of all governments therein and never be a party to their evasion.
IX. Expose corruption wherever discovered.

Title § 16-14-3 – Definitions
(8) “Pattern of racketeering activity” means:
(A) Engaging in at least two acts of racketeering activity in furtherance of one or more incidents, schemes, or transactions that have the same or similar intents, results, accomplices, victims, or methods of commission or otherwise are interrelated by distinguishing characteristics and are not isolated incidents, provided at least one of such acts occurred after July 1, 1980, and that the last of such acts occurred within four years, excluding any periods of imprisonment, after the commission of a prior act of racketeering activity; or
(9)(A) “Racketeering activity” means to commit, to attempt to commit, or to solicit, coerce, or intimidate another person to commit any crime which is chargeable by indictment under the following laws of this state:
(xv) Article 4 of Chapter 10 of this title and Code Sections 16-10-20, 16-10-23, and 16-10-91, relating to perjury and other falsifications;

For the Republic,

M. J. Blanchard

cc:

Attorney General Olens

media, grassroots, distribution, wide.

enc. 1

http://caselaw.lp.findlaw.com/cgi-bin/getcase.pl?court=US&vol=88&invol=162

Continue Reading:

http://www.thepostemail.com/2011/12/08/georgia-law-makes-secretary-...

Note: The following articles and/or blog posts relate to this disturbing issue-You Decide:

I. Liberty Legal Foundation keeps argument simple on eligibility!

Posted on Sonoran News-By Linda Bentley, December 7, 2011:

“PHOENIX – The Arizona 2012 Project hosted special guests during its Monday evening meeting, which drew attendees from across the state.

Chairman Ron Ludders introduced constitutional Attorney Van Irion of the Liberty Legal Foundation (LLF) and Republican presidential candidate John Dummett (pronounced Dumay), the lead plaintiff in a class action complaint filed against the National Democratic Party, challenging president Barack Obama’s eligibility.

Irion said they have filed an action in Tennessee state court as well as the class action complaint and motion for preliminary injunction filed in U.S. District Court for the District of Arizona.

He said the Tennessee complaint should serve as a model for complaints for all 50 states, as funding becomes available.

Quoting Thomas Paine, Irion said, “Government, even in its best state, is but a necessary evil; in its worst state, an intolerable one.”



He went on to say, “Our founding fathers gave us the Constitution because they knew government was evil.”

Irion briefly touched on the LLF Obamacare class action suit, which also took a different approach than other lawsuits that have primarily challenged the individual mandate.



He said the case challenges a 1942 U.S. Supreme Court decision in Wickard v. Filburn that recognized the authority of the federal government to regulate economic activity.



Interpreting the U.S. Constitution’s Commerce Clause under Article 1, Section 8, which permits Congress “to regulate commerce with foreign nations, and among the several states, AND WITH THE Indian tribes,” the Supreme Court decided Filburn’s wheat growing activities, by growing additional wheat for his farm’s chicken feed, reduced the amount of wheat he would buy on the open market and, since wheat was traded nationally, Filburn’s production of wheat in excess of the amount he was allotted to grow affected interstate commerce, and thus could be regulated by the federal government.



Irion said the Wickard decision has morph into the federal government regulating inactivity, as in Obamacare.



He said, “Our lawsuit says Wickard is wrong and should be overturned. It’s about saving the country at this point.”



Irion has taken a completely different approach to the eligibility issue and rather than naming Obama and other elected officials as defendants, who can claim immunity and draw from what appears to be a bottomless pit of resources, the LLF has sued the Democratic Party, a private entity unable to claim immunity.

He said all the other Obama eligibility cases have fallen to procedural issues – thrown out because the person bringing the case has no standing.

“We’re certainly interested in all the issues,” said Irion, adding, “But who cares how you interpret the Constitution if you can’t enforce the Constitution.”



While several lawsuits have tried to sue the secretaries of state, Irion said, “They don’t have the authority.” 

He also said Arizonans can thank Governor Jan Brewer for that, referring to the legislation she vetoed that would have granted such authority.



The LLF lawsuit cites the 1875 U.S. Supreme Court decision, Minor v. Happersett, in which the court defined “natural-born citizens” as “all children born in a country of parents who were its citizens.”



The LLF’s motion for preliminary injunction states, “Because it is undisputed that Mr. Obama’s father was not a U.S. citizen, Mr. Obama can never be a natural-born citizen, as that term was defined by the U.S. Supreme Court. Therefore Mr. Obama cannot meet the constitutional requirements to hold the office of President.”



According to Irion, any representation by the Democratic Party that Obama is constitutionally qualified to hold the office of President would constitute “negligent misrepresentation or fraud.”



The motion, Irion says, relies upon “uncontested facts and a Supreme Court-defined term.”


The complaint seeks to enjoin the defendants from issuing any letters, certificates or other documents to any secretary of state of any state indicating Obama is qualified to hold the office of President, selecting Obama as its presidential candidate, or requesting Obama be placed on any ballot for the office of President of the United States for the 2012 general election.

Dummett told the audience, although “there’s no difference between the parties anymore,” he considers himself a “Barry Goldwater Republican.” 

He said his goal is to enforce the Constitution and return the power to the states and to the people. 

“We can take it back,” said Dummett, referring to our country, “We outnumber them.”



Irion said anyone interested in joining the class action lawsuits may do so by visiting LibertyLegalFoundation.org.



Irion called the Constitution an “anti-democratic document,” stating, “Principles do not fall to popularity.”



Maricopa County Sheriff Joe Arpaio arrived toward the end of the meeting to a standing ovation.



Referring to the Obama investigation, he told the audience, “The posse – They’re doing pretty good on this case. Something fishy is going on. Where there’s smoke there’s fire.”



Arpaio said the investigation was progressing and stated, “I’ve got a gut feeling there’s a little cover-up … We’re not out to hang anybody. I’m just doing my job.”



Noting MCSO may be the only law enforcement agency in the country looking into the issue Arpaio said even the Republicans don’t like what he’s doing. 

He asked, “Why wouldn’t they want to get to the bottom of this?”



While he’s doing the investigation at the behest of the people of Maricopa County, Arpaio said, “If it affects the whole nation, that’s not my fault. I think people deserve to know the real story. Maybe there’s nothing to it. But, I don’t know. It doesn’t look good.”



Although MCSO doesn’t have subpoena power in Hawaii, he mentioned the Nordyke twins, born the day after Obama at the same hospital, have birth certificates produced from microfilm and said he wants to see Obama’s birth certificate on the same microfilm. 

He said, “I think we’re going to have enough to show there’s something to it.”



Arpaio said, “I’m not doing this for politics,” and joked, “I can get elected with pink underwear. I’m doing it because it’s the right thing to do.”



He stated what the posse was doing was interesting and said, “My guys are pretty good. Forget the birth certificate. We’re looking at other things. We’re going to do something – I promise you,” and said their investigation “will not disappoint.”


Alluding Obama could conceivably be an illegal alien, which he said was “not that far off,” Arpaio chided the mainstream media for ignoring the issue and said, “I know what I’ll do; I’ll get on Twitter tomorrow and Facebook.”

Source:

http://www.sonorannews.com/archives/2011/111207/frontpage-libertyle...

II. Liberty Legal Foundation serves DNC with Obama eligibility complaint!-Posted on Examiner-By Linda Bentley, Maricopa County Crime Examiner-On December 7, 2011:

http://www.examiner.com/crime-in-phoenix/liberty-legal-foundation-s...

III. Sheriff Joe Arpaio Gets More Death Threats Over Obama Investigation: ‘Warned he 'will be filled with thousand bullet holes!'-Posted on WND.com-By Aaron Klein-On December 8, 2011:

http://www.wnd.com/?pageId=375329#ixzz1fyTbJ4PL

IV. Soetoro INS file challenges Obama narrative!-Posted on WND.com-By Jack Cashill-On December 7, 2011:

http://www.wnd.com/index.php?fa=PAGE.view&pageId=375177

V. Understanding ‘The Jack Maskell Memorandum’ (Update)!-Posted on Bob MaCarty Wrties-By Paul Hollrah, Guest Blogger-On November 25, 2010:

http://bobmccarty.com/2010/11/25/understanding-the-jack-maskell-mem...

Note:  My following blog posts contain numerous articles and/or blog posts and videos that relate to this disturbing issue-You Decide:

The Greatest Fraud Perpetrated in American History!

http://weroinnm.wordpress.com/2011/06/20/the-greatest-fraud-perpetr...

Could the President’s newly released COLB be a forgery?

http://weroinnm.wordpress.com/2011/04/29/could-the-president’s-newl...

Was there a conspiracy to put Obama in the White House?

http://weroinnm.wordpress.com/2010/03/03/was-there-a-conspiracy-to-...

Why Obama is ineligible – regardless of his birthplace!

http://weroinnm.wordpress.com/2010/04/07/why-obama-is-ineligible-–-...

Is it important to understand the Marxist assault on the foundations of our system?

http://weroinnm.wordpress.com/2011/01/27/is-it-important-to-underst...

Note:  If you have a problem viewing any of the listed blog posts please copy web site and paste it on your browser. Be aware that some of the articles and/or blog posts or videos listed within the contents of the above blog post(s) may have been removed by this administration because they may have considered them to be too controversial.  Sure seems like any subject matter that may shed some negative light on this administration is being censored-What happened to free speech?-You Decide.

“Food For Thought”

God Bless the U.S.A.!

https://www.youtube.com/watch?v=Q65KZIqay4E&feature=related

Semper Fi!

Jake