Laity: Last Birther (with no) Standing [was 2016 N.Y. challenges]

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Re: Laity: Last Birther (with no) Standing [was 2016 N.Y. challenges]


Post by Atticus Finch » Fri Jan 11, 2019 11:12 am

scirreeve wrote:
Fri Dec 14, 2018 11:47 pm
OK then. Bob has said wordz.
Courts have held under the de facto officer doctrine that acts and laws signed by persons acting in the capacity of their title are valid even if the person's appointment or election to the office is legally deficient.

The court in Hamilton v. Roehrich, 628 F. Supp. 2d 1033 (D. Mn, 2009), articulated the rationale for this doctrine:

The de facto officer doctrine "`confers validity upon acts performed by a person acting under the color of official title even though it is later discovered that the legality of that person's appointment or election to office is deficient.'" Nguyen v. United States, 539 U.S. 69, 77, 123 S.Ct. 2130, 156 L.Ed.2d 64 (2003), quoting Ryder v. United States, 515 U.S. 177, 180, 115 S.Ct. 2031, 132 L.Ed.2d 136 (1995). "The de facto doctrine springs from the fear of the chaos that would result from multiple and repetitious suits challenging every action taken by every official whose claim to office could be open to question, and seeks to protect the public by insuring the orderly functioning of the government despite technical defects in title to office." Ryder v. United States, supra at 180, 115 S.Ct. 2031 [quotations and citations omitted]; see also, Hussey v. Smith, 99 U.S. 20, 24, 25 L.Ed. 314 (1878)("The acts of such officers are held to be valid because the public good requires it," and "[a] different rule would be a source of serious and lasting evils."); Equal Employment Opportunity Comm'n v. Sears, Roebuck and Co., 650 F.2d 14, 17 (2nd Cir.1981)("The de facto officer doctrine was developed to protect the public from the chaos and uncertainty that would ensue if actions taken by individuals apparently occupying government offices could later be invalidated by exposing defects in the officials' titles."). "The doctrine has generally been applied to individuals who are in possession of an office, are performing the duties of the office, and who maintain an appearance of right to the office." Equal Employment Opportunity Comm'n v. Sears, Roebuck and Co., supra at 17, citing Waite v. Santa Cruz, 184 U.S. 302, 323, 22 S.Ct. 327, 46 L.Ed. 552 (1902)

The Supreme Court in Ryder v. United States , 515 U.S. 177 (1995 stated:

" [In] Buckley v. Valeo, 424 U.S. 1 (1976), [ ] plaintiffs challenged the appointment of the Federal Election Commission members on separation of powers grounds. The Court agreed with them and held that the appointment of four members of the Commission by Congress, rather than the President, violated the Appointments Clause. It nonetheless quite summarily held that the "past acts of the Commission are therefore accorded de facto validity." Id., at 142. We cited as authority for this determination Connor v. Williams, 404 U.S. 549, 550-551 (1972), in which we held that legislative acts performed by legislators held to have been elected in accordance with an unconstitutional apportionment were not therefore void."

In Fletcher v. Peck, 10 U.S. 87 (1810) although not a de facto doctrine case but the outcome was still the same. In Fletcher corrupt politicians in Georgia authorized the sale of vast acres of land to four land companies. The land companies then sold the acres to purchasers. After the sale, the corrupt politicians were voted out office and the new politicians voted a new law rescinding the sale thereby invalidating all titles to the purchasers. The issue before the court was whether or not a state statute can deprive bona fide purchasers of the acres they acquired from the land companies.

Chief Justice Marshall held that the new statute was invalidated and observed that each buyer had acquired "a title good at law, he is innocent, whatever may be the guilt of others, and equity will not subject him to the penalties attached to that guilt. All titles would be insecure, and the intercourse between man and man would be very seriously obstructed, if this principle be overturned." Id at 133-134

As such, all of Obama's appointments and acts that he signed into law including the Health Care Bill are valid.

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Re: Laity: Last Birther (with no) Standing [was 2016 N.Y. challenges]


Post by bob » Fri Jan 11, 2019 4:22 pm

P&E comments:
Laity wrote:Here we go again. In the past I have filed ballot access challenges in TWO States (NY and NH) against Cruz,Rubio and Jindal (in 2016). Before that I filed challenges against Obama and McCain. The New Hampshire Board of Elections in 2016 threw up their hands and asked at one time “When will this issue be resolved”. Challenges have been filed by several others besides just me. That illustrates that people DO know what the definition of Natural-Born Citizen is. Now Kamala Harris and more I assume, who are NOT NBCs, will try AGAIN to inculcate foreign influence into our sovereign nation’s government. As Americans,it is our solemn DUTY to stop these interlopers. I urge everyone reading this to read my book “Imposters in the Oval Office”. I have been involved in this issue for 11 years now. A Natural Born Citizen is one born IN the United States to parents who are both U.S. Citizens themselves at the time of birth of said person. See: Minor v Happersett, The Venus, Shanks v Dupont and Wong Kim Ark. All U.S. Supreme Court rulings which defined and affirmed what an NBC is. Also see Laity v NY & Obama and Laity v NY & Cruz, Rubio & Jindal, USSCt. wherein the Court, having ample opportunity to reverse the findings in the four previous cases, decide NOT to do so.

This is why Obama,McCain,Cruz,Rubio,Jindal,Swarzenegger and Harris as well as Chester Arthur, purported “President #21” are/were not eligible to BE President under A2S1C5, USConst. NONE of the cited individuals are NBCs. This is happening on our watch. It is a moral imperative that it be stopped now. We have enjoyed our freedoms because of the blood shed by our ancestors. It is morally incumbent on us, even to the point off shedding blood, if necessary to ensure the promise of those same liberties and freedoms for our “posterity”.

* * *

Post Script: I suggest that We the People exercise our influence on our representatives and urge that a Presidential Eligibility Board or Commission be established to vet ALL candidates for that office and that of Vice-President. This would be a step in the right direction aimed at protecting our nations sovereign integrity as American. One can just look at a news program to see that electing non NBCs has already had a disastrous effect on our country. President Trump, who is a 100% NBC (BOTH of his parents were citizens and he was born in Jamaica, NY) loves this nation. Obama, a person of mysterious origins who has not proven where or when he was born, hates this nation. Obama has proven that by his actions.

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Re: Laity: Last Birther (with no) Standing [was 2016 N.Y. challenges]


Post by Orlylicious » Fri Jan 11, 2019 11:58 pm

Attention Robert Laity if you read here: Thank you for your concern about FOREIGN INFLUENCE in the Presidency.

As you said today: "(We must) ...inculcate foreign influence into our sovereign nation’s government. As Americans,it is our solemn DUTY to stop these interlopers."

Just as you said, It is your duty. We await your new book and deep time and effort spent on this truly Manchurian Candidate story below!!

:panic: :panic:

F.B.I. Opened Inquiry Into Whether Trump Was Secretly Working on Behalf of Russia
Following President Trump’s firing of James B. Comey as F.B.I. director, the bureau grew increasingly concerned about whether the president’s actions constituted anti-American activity.
By Adam Goldman, Michael S. Schmidt and Nicholas Fandos
Jan. 11, 2019

WASHINGTON — In the days after President Trump fired James B. Comey as F.B.I. director, law enforcement officials became so concerned by the president’s behavior that they began investigating whether he had been working on behalf of Russia against American interests, according to former law enforcement officials and others familiar with the investigation.

The inquiry carried explosive implications. Counterintelligence investigators had to consider whether the president’s own actions constituted a possible threat to national security. Agents also sought to determine whether Mr. Trump was knowingly working for Russia or had unwittingly fallen under Moscow’s influence. ... e=Homepage

Good lord Laity, this is the mother-lode! Where are your frantic social media posts and crafty analyses on this truly hostile power infiltration? Will everything Donald did be declared null and void too? If Obama was void, and Donald is void, Robert, who is the president? Bush 43? How does that work exactly?

Hurry up, this is serious! Those others are just potential candidates, this guy is in OFFICE! Tem·pus Fu·git, Laity! :smoking:

PS: Outstanding overview Atticus Finch, thank you very much, I bookmarked the post and wish it could be highlighted.

Avatar Photo: Roger Stone calls Jerome Corsi a #Weasel and #Liar; Jerry just bends over and takes it. ... t-mueller/

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Re: Laity: Last Birther (with no) Standing [was 2016 N.Y. challenges]


Post by bob » Mon Jan 14, 2019 12:45 am

A thread in which some random poked Laity, so of course he baned her.

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