Obama Georgia ballot challenge, Natural born citizen status deficient, Attorney Van Irion for David Weldon Files Blistering Opposition to Obama Motion to Dismiss

Obama Georgia ballot challenge, Natural born citizen status deficient, Attorney Van Irion for David Weldon Files Blistering Opposition to Obama Motion to Dismiss

“Why did Obama, prior to occupying the White House, employ Robert Bauer of Perkins Coie, to assist him in avoiding the presentation of a legitimate birth certificate and college records?”…Citizen Wells

“Why has Obama, since taking the White House, used Justice Department Attorneys, at taxpayer expense,  to avoid presenting a legitimate birth certificate and college records?”…Citizen Wells

“Why is Obama now employing private attorneys to keep his name on state ballots, despite compelling evidence that he is not a natural born citizen?…Citizen Wells

First, I would like to thank Birther Report for their efforts to monitor the unconstitutional machinations of Obama, et al.

From Birther Report December December 28, 2011.

“Attorney Van Irion on behalf of David Weldon Files Blistering Opposition to Defendant’s(Obama) Motion to Dismiss in Georgia Ballot Access Challenge”

“For the reasons set forth below, none of the facts asserted by the Defendant are relevant. The only fact relevant to this case is the fact that the Defendant’s father was not a U.S. citizen. This fact has been repeatedly documented and stated by the party opponent, Defendant Obama. This fact is also evidenced by Plaintiff’s exhibit 6, previously submitted with Plaintiff’s pre-trial order and apparently authenticated by Defendant’s citation to this exhibit in Defendant’s “Statement of Material Facts Not in Dispute,” number 7.”

“C. Right to Associate Doesn’t Negate Georgia Election Law

The Democratic Party of Georgia’s Constitutional right to determine its membership coexists with Georgia’s right to govern Georgia. Georgia code does not interfere with the autonomy of the political party’s internal decision making because it does nothing to prohibit the parties from submitting any name to the Secretary of State for inclusion in the Presidential primary. The Party is free to submit Saddam Hussein or Mickey Mouse as their next Presidential candidate. However, Georgia is not required to accept such submissions and waste taxpayer money on ballots for such candidates.

Georgia code does not prevent the political parties from submitting any name. Instead the code simply determines what the State does with the Party’s list of candidates after the Party has forwarded its list to the State. See O.C.G.A. §21-2 et seq. This code does nothing to prevent any political party from excluding, or including, any person they choose to exclude or include. Nor does it prevent the Party from choosing candidates to submit, in its “sole discretion.” Georgia’s code simply exercises the State’s right to administer elections in a manner that best serves the citizens of the State.

In the instant case Georgia’s Election code does nothing to infringe on the Democratic Party of Georgia’s right of association because the Party can and did include the Defendant in its organization. The Party can and did include the Defendant in the Party’s list of candidates. The Party’s rights, however, end there. Its rights cannot force the State to place the Defendant’s name on a ballot after the State determines that the Defendant is obviously not qualified “to hold the office sought.” §21-2-5. The rights of the Party and of the State simply do not conflict.4

The Defendant’s argument would logically require a conclusion that no state can preclude any candidate from any primary ballot for any reason without violating a political party’s right to freely associate. Since many candidates have been disqualified from primary ballots for lack of qualification to hold the office sought, we can safely conclude that the Defendant’s argument fails. If his argument succeeds, many election codes across the country will need to be re-drafted.

D. Defendant’s Conclusion is Offensive to the Constitution

The Defendant states that the issue raised by the Plaintiff was “soundly rejected by 69,456,897 Americans in the 2008 elections.” See Def.’s Mtn. at 5. This statement reflects a complete lack of understanding regarding Constitutional protections.

Contrary to the Defendant’s assertion, voters are not the final arbiters of whether an individual is qualified to hold office. America is a Constitutional Republic, not a democracy without a constitution. In a Constitutional Republic the power of the majority is limited and cannot infringe upon protected rights of a minority.

The Constitution is an anti-majoritarian document; meaning that it protects individuals from invasions and usurpations by the majority. Constitutionally protected rights are held inviolate regardless of the majority’s desire to violate them. Without such protections any law enacted by Congress would be valid, even if it denied an individual their right to life, liberty, or property. Without the anti-majoritarian protection of the Constitution, Congress could legalize the killing of all Jews, for example, as was done in World War II Germany. Constitutional requirements are absolute, and must be followed regardless of how popular or unpopular such requirements may be, because they are in place to protect the minority.

The Defendant’s presumption that popular vote overrides the Constitution demonstrates his lack of understanding of the Constitution and emphasizes the critical role played by this Court in protecting Americans from a tyrannical majority. Contrary to the Defendant’s statement, a minority of Americans have an absolute right to be protected from a non-natural-born-citizen being elected President.

E. Contrary to the Defendant’s Assertion, No Court has Ruled on the Question Presented”

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Thanks to commenter Pat 1789.

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