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Wednesday, November 03, 2010
6 comments:
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Anonymous said...
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Rodge, what do you know about quo warranto? I am sitting at an after party for a campaign that I worked on and a fellow birther is saying that the hunt is on.
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11/3/10, 2:00 AM
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Helly said...
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Blue state condolences, Rodge. Vermont went back backwards.
Still, a good night. It's just weird to celebrate the disenfranchisement of my own representatives. -
11/3/10, 2:56 AM
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Josh Fahrni-Barn Army Dog Catcher said...
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Miller in AK is going to lose, I reckon, O'Donnel lost. A mixed bag for the senate, I suppose. The victory wasn't big enough, it could have swung further.
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11/3/10, 4:17 AM
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Rodger the Real King of France said...
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Quo Warranto
A writ of quo warranto is not a petition, but a notice of demand, issued by a demandant, to a respondant claiming some delegated power, and filed with a court of competent jurisdiction, to hold a hearing within 3 to 20 days, depending on the distance of the respondant to the court, to present proof of his authority to execute his claimed powers. If the court finds the proof insufficient, or if the court fails to hold the hearing, the respondant must cease to exercise the power. If the power is to hold an office, he must vacate the office.
The writ is unlike a petition or motion to show cause, because the burden of proof is on the respondant, not on the demandant. -
11/3/10, 6:34 AM
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Kristophr said...
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Won't go anywhere. The common law folks' hearts are in the right place, but they won't deal with the fact that the Constitution and legislation trumps common law. Common law is British heritage stuff ...the revolution in 1776 over-rides it.
The Justice Department lawyers will argue that State certification of the 2008 election results is valid proof of authority.
The SCOTUS has already declined to hear the matter of his birth cert. And they are correct in this. Sending electors to the Electoral College is a state matter. The place to win this is in the 2012 state vote counter's offices ( local Secretary of State in most US states ).
They need to demand proof that the nominee is "native born" before they put the Kenyan's Electors on the ballot.
It only takes one Red state refusing to certify Obama as a candidate to legally throw this matter into the federal court system, and force resolution of this. -
11/3/10, 12:27 PM
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Rodger the Real King of France said...
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I dunno . even Orly Taitz managed to satisfy Federal Judge Lamberth (if I remember- same judge that gave Clinton fits)) on two of the 4 qualifications he demanded of her quo warranto, and even had Obama's initial appeal thrown out. And she was working out of a motel room, and spoke fractured English!
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11/3/10, 4:07 PM
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