WHAT’S IN IT FOR ME?

Pieter Nosworthy, an active duty military who originally signed Orly’s inflammatory Release consenting to become a named Plaintiff in her proposed military Complaint seeking to determine BO’s Constitutional eligibility for POTUS and then, appreciating the legal quagmire into which he had just waded, rescinded such consent; posted on his blog this suggestion. Why not identify the top Constitutional law scholars in the country and pool our money to hire these experts to champion the ‘perfect’ case?

http://thenaturalbornpresidency.blogspot.com/

Here is my response.

Arguably, the top Constitutional law scholar in the country is Professor Laurence Tribe from Harvard Law School. He taught BO; here is a November 2008 quote from the Harvard Crimson, wherein the recognized legal intellect (Tribe) adeptly avoids any mention as to the caliber of legal scholarship displayed by his former student while simultaneously singing his laurels.

“There are those in whom challenge stirs greatness, those who rise to challenge rather than letting it break their stride or spin their compass,” said Tribe about Obama, the Democratic presidential candidate, whom he called “the most impressive and talented of the thousands of students I have been privileged to teach in nearly 40 years on the Harvard faculty.”

http://www.thecrimson.com/article.aspx?ref=525102

To put things into perspective, here is text Professor Tribe submitted to be entered into the Congressional Record during the passage of non-binding Senate Resolution 511, declaring Senator John McCain is a NBC, in April 2008.

“[B]ased on the original meaning of the Constitution, the Framers’ intentions, and subsequent legal and historical precedent, Senator McCain’s birth to parents who were U.S. citizens, serving on a U.S. military base in the Panama Canal Zone in 1936, makes him a “natural born Citizen” within the meaning of the Constitution.”

http://thomas.loc.gov/cgi-bin/query/z?r110:S30AP8-0040:

Of course, just because Professor Tribe says BO was the most impressive student he has taught in 40 years; or that Senator McCain is a NBC because his parents, both U.S. citizens, were serving on a U.S. military base; does not make any of this so. As has we have witnessed happen with so many others entered into this fray, even the product of great legal minds can be motivated by self-interest (like potential openings on the SCOTUS).

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4 Responses to WHAT’S IN IT FOR ME?

  1. I’m pretty dumb when it comes to the law but there must be reasonable alternatives to Professor Tribe. I have absolutely no clue as to the size of the pool of constitutional lawyers that can be sifted for candidates, but I assume it is in the hundreds.

    FYI, I wrote the article in anger and with a tongue in cheek aspect. I admit this is not the best way to correct deficiencies or maturely address challenges. Suffice it say, I have really lost faith with the competence and motivation of Dr. Taitz and consequently stated what I did.

    Thanks jbjd for your coherent commentary. We need it desperately.

    Pieter Nosworthy: I am convinced that, the reason more legal ‘experts’ have not weighed in on the issue of BO’s Constitutional eligibility for POTUS is that, they are as yet unaware a legitimate issue as to whether he is a NBC even exists. And, you are welcome. ADMINISTRATOR

  2. Mick says:

    jbjd, Why would we even think of using this guy. Obviously, being from Harvard, he probably has a Constituional relativistic view, Just because he is supposedly smart doesn’t make him immune to biases developed at such a Left Leaning Institution. Oviously he was wrong about the original intent of the term, when the exact same case as Mccain is excused by the Naturalization Act of 1790 and then repealed with the Act of 1795. Many of the Framers were in those Congresses. If it was their intent to grant Military Children born abroad NBC status they would have amended the constitution. “Scolars” often are wrong, look at the equal protection of the laws stance of Plyler v. Doe, by the SCOTUS. A Constitutional originalist thinker is needed, not a relativist, or a “breathing document” advocate of judicial review. How could these supposed scholars not be aware? Is their head in the sand?

    Mick: Oh, my goodness, I am proposing just the opposite! Obviously, based on the fact, Panama always remained sovereign and, the U.S. was only granted an administratorship of the area affiliated with the construction and upkeep of the Panama Canal; being born on this foreign soil means, Senator McCain is not a NBC. So then, why did Professor Tribe parse his words to say that the Senator’s “parents” worked on the military base – note, he did not say their baby was born on the base (not that there was an actual ‘base,’ anyway) – and, therefore, being born on that base means, he is a NBC? I am suggesting that, the lure of a seat on the high court could have clouded his legal analysis. ADMINISTRATOR

  3. magna carta says:

    I fully support the idea of hiring someone who knows what they are doing.There was a Oriental guy out of AZ who disputed SR511.Was it Chu…or something.He is mentioned in a law review type article.Tracking a KICK-ASS attorney should have been done straight away.

    magna carta: Once you identify and contact this person, let me know how he responds to your entreaty to join the fray. ADMINISTRATOR

  4. gianni says:

    Why not a class action lawsuit? This would seem to make the most sense. If the harm done to one person is presumably trivial per the standing ruling, how about magnifying that harm through a class action lawsuit? It’s used in other cases, for example, deceptive practices or product defects. Come on, surely something along these lines could be put together concerning the Obama eligibility issue.

    gianni: Standing to bring suit is not determined by the number of Plaintiffs; and each Plaintiff in a class action suit must have standing. The “class” is certified by the court based on their similarities, making individual suits hearing the same issues, unnecessary. A Complaint filed pursuant to the Federal Declaratory Judgment Act, however, affords the individual Plaintiff the status of ‘class,’ without the formal certification. In other words, if an individual military Plaintiff obtains a Declaration that, BO is not a NBC then, for every other prospective military Plaintiff, BO is not a NBC, too. ADMINISTRATOR

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