Beware Of A Constitutional Convention or Con Con
American Policy.org
SUMMARY OF THE DANGER: A Constitutional Convention has no limitations!
Once Congress calls for a Constitutional Convention Article V grants that assembled convention the exclusive power to propose amendments regardless of the original reason for its call. By its very definition a Constitutional Convention is a sovereign body and therefore cannot be limited.
Recall that the first Constitutional Convention was held simply for the purpose of amending the Articles of Confederation under Article XIII, which indicated that the consent of all State legislatures is required for amendment. Instead, delegates – having met in total secrecy for several months – emerged with a new fundamental government design, which stipulated that only nine of the thirteen states would have to ratify for the new government to go into effect.
Everything in the current Constitution could be tossed, and replaced with whatever the delegates decide. A new convention could even decide not to bother having the states ratify what it produces. A constitutional convention has no limitations. With today's hostile and divided political climate, can we trust that our God-given rights would be secure?
Did you get that?
(1) The current US Constitution could be done away with!
(2) It could be replace with a totally different document or not a Constitution!
(3) It could decide that the states do not have to ratify any new document produced!
(4) It would have NO limitations!
(5) It could meet in total secrecy and do whatever they want!
If A Constitutional Convention is called you can kiss all your rights goodby.
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Only a couple of states are needed now to call for a Constitutional Convention. If this happens Obama will be able to rewrite the US Constution as he has stated he wants to do. Don't you agree this is a very important issue?
The Ohio state legislature is expected to vote Wednesday, Dec. 10th, to call for a Constitutional Convention (Con Con). If Ohio calls for a Con Con only one more state need do so and Congress will have no choice but to convene a Convention, throwing our U.S. Constitution and Bill of Rights up for grabs.
Thirty-two (32) other states have already called for a Con Con (allegedly to add a Balanced Budget Amendment to the Constitution). 34 states are all that is required, and then Congress MUST convene a Convention.
The U.S. Constitution places no restriction on the purposes for which the states can call for a Convention. If Ohio votes to call a Con Con, for whatever purpose, the United States will be only one state away from total destruction. And it's a safe bet that those who hate this nation, and all She stands for, are waiting to pounce upon this opportunity to re-write our Constitution.
A public policy organization has issued an urgent alert stating affirmative votes are needed from only two more states before a Constitutional Convention could be assembled in which "today's corrupt politicians
and judges" could formally change the U.S. Constitution's "'problematic' provisions to reflect the philosophical and social mores of our contemporary society."
"Don't for one second doubt that delegates to a Con Con wouldn't revise the First Amendment into a government-controlled privilege, replace the 2nd Amendment with a 'collective' right to self-defense, and abolish the 4th, 5th, and 10th Amendments, and the rest of the Bill of Rights," said the warning from the American Policy Institute.
"Additions could include the non-existent separation of church and state, the 'right' to abortion and euthanasia, and much, much more," the group said.
The warning comes at a time when Barack Obama, who is to be voted the next president by the Electoral College Monday, has expressed his belief the U.S. Constitution needs to be interpreted through the lens of current events.
Tom DeWeese, who runs the center and its education and grassroots work, told WND the possibilities stunned him when he discovered lawmakers in Ohio are considering a call for a Constitutional Convention. He explained that 32 other states already have taken that vote, and only one more would be needed to require Congress to name convention delegates who then would have more power than Congress itself.
"The U.S. Constitution places no restriction on the purposes for which the states can call for a convention," the alert said. "If Ohio votes to call a Con Con, for whatever purpose, the United States will be only one state away from total destruction. And it's a safe bet that those who hate this nation, and all She stands for, are waiting to pounce upon this opportunity to re-write our Constitution."
DeWeese told WND that a handful of quickly responding citizens appeared at the Ohio Legislature yesterday for the meeting at which the convention resolution was supposed to be handled.
State officials suddenly decided to delay action, he said, giving those concerned by the possibilities of such a convention a little time to breathe.
According to a Fox News report, Obama has stated repeatedly his desire for empathetic judges who "understand" the plight of minorities.
In a 2007 speech to Planned Parenthood, the nation's largest abortion provider, he said, "We need somebody who's got the heart, the empathy, to recognize what it's like to be a young teenage mom. The empathy to understand what it's like to be poor, or African-American, or gay, or disabled, or old. And that's the criteria by which I'm going to be selecting my judges."
Obama also committed himself to respecting the Constitution but said the founding document must be interpreted in the context of current affairs and events.
Read how today's America already has rejected the Constitution, and what you can do about it.
Melody Barnes, a senior domestic policy adviser to the Obama campaign, said in the Fox News report, "His view is that our society isn't static and the law isn't static as well. That the Constitution is a living and breathing document and that the law and the justices who interpret it have to understand that."
Obama has criticized Justice Clarence Thomas, regarded as a conservative member of the court, as not a strong jurist or legal thinker. And Obama voted against both Chief Justice John Roberts and Justice Samuel Alito, two appointees of President Bush who vote with Thomas on many issues.
Further, WND also reported Obama believes the Constitution is flawed, because it fails to address wealth redistribution, and he says the Supreme Court should have intervened years ago to accomplish that.
Obama said in a 2001 radio interview the Constitution is flawed in that it does not mandate or allow for redistribution of wealth.
Obama told Chicago's public station WBEZ-FM that "redistributive change" is needed, pointing to what he regarded as a failure of the U.S. Supreme Court under Chief Justice Earl Warren in its rulings on civil rights issues in the 1960s.
The Warren court, he said, failed to "break free from the essential constraints" in the U.S. Constitution and launch a major redistribution of wealth. But Obama, then an Illinois state lawmaker, said the legislative branch of government, rather than the courts, probably was the ideal avenue for accomplishing that goal.
In the 2001 interview, Obama said:
If you look at the victories and failures of the civil rights movement and its litigation strategy in the court, I think where it succeeded was to invest formal rights in previously dispossessed people, so that now I would have the right to vote. I would now be able to sit at the lunch counter and order and as long as I could pay for it I’d be OK
But, the Supreme Court never ventured into the issues of redistribution of wealth, and of more basic issues such as political and economic justice in society. To that extent, as radical as I think people try to characterize the Warren Court, it wasn't that radical. It didn't break free from the essential constraints that were placed by the Founding Fathers in the Constitution, at least as it's been interpreted, and the Warren Court interpreted in the same way, that generally the Constitution is a charter of negative liberties. Says what the states can't do to you. Says what the federal government can't do to you, but doesn't say what the federal government or state government must do on your behalf.
And that hasn't shifted and one of the, I think, tragedies of the civil rights movement was because the civil rights movement became so court-focused I think there was a tendency to lose track of the political and community organizing and activities on the ground that are able to put together the actual coalition of powers through which you bring about redistributive change. In some ways we still suffer from that.
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A public policy organization has issued an urgent alert stating affirmative votes are needed from only two more states before a Constitutional Convention could be assembled in which "today's corrupt politicians
and judges" could formally change the U.S. Constitution's "'problematic' provisions to reflect the philosophical and social mores of our contemporary society."
"Don't for one second doubt that delegates to a Con Con wouldn't revise the First Amendment into a government-controlled privilege, replace the 2nd Amendment with a 'collective' right to self-defense, and abolish the 4th, 5th, and 10th Amendments, and the rest of the Bill of Rights," said the warning from the American Policy Institute.
"Additions could include the non-existent separation of church and state, the 'right' to abortion and euthanasia, and much, much more," the group said.
The warning comes at a time when Barack Obama, who is to be voted the next president by the Electoral College Monday, has expressed his belief the U.S. Constitution needs to be interpreted through the lens of current events.
Tom DeWeese, who runs the center and its education and grassroots work, told WND the possibilities stunned him when he discovered lawmakers in Ohio are considering a call for a Constitutional Convention. He explained that 32 other states already have taken that vote, and only one more would be needed to require Congress to name convention delegates who then would have more power than Congress itself.
"The U.S. Constitution places no restriction on the purposes for which the states can call for a convention," the alert said. "If Ohio votes to call a Con Con, for whatever purpose, the United States will be only one state away from total destruction. And it's a safe bet that those who hate this nation, and all She stands for, are waiting to pounce upon this opportunity to re-write our Constitution."
DeWeese told WND that a handful of quickly responding citizens appeared at the Ohio Legislature yesterday for the meeting at which the convention resolution was supposed to be handled.
State officials suddenly decided to delay action, he said, giving those concerned by the possibilities of such a convention a little time to breathe.
According to a Fox News report, Obama has stated repeatedly his desire for empathetic judges who "understand" the plight of minorities.
The final vote from the 1787 Constitutional Convention
In a 2007 speech to Planned Parenthood, the nation's largest abortion provider, he said, "We need somebody who's got the heart, the empathy, to recognize what it's like to be a young teenage mom. The empathy to understand what it's like to be poor, or African-American, or gay, or disabled, or old. And that's the criteria by which I'm going to be selecting my judges."
Obama also committed himself to respecting the Constitution but said the founding document must be interpreted in the context of current affairs and events.
Melody Barnes, a senior domestic policy adviser to the Obama campaign, said in the Fox News report, "His view is that our society isn't static and the law isn't static as well. That the Constitution is a living and breathing document and that the law and the justices who interpret it have to understand that."
Obama has criticized Justice Clarence Thomas, regarded as a conservative member of the court, as not a strong jurist or legal thinker. And Obama voted against both Chief Justice John Roberts and Justice Samuel Alito, two appointees of President Bush who vote with Thomas on many issues.
Further, WND also reported Obama believes the Constitution is flawed, because it fails to address wealth redistribution, and he says the Supreme Court should have intervened years ago to accomplish that.
Obama said in a 2001 radio interview the Constitution is flawed in that it does not mandate or allow for redistribution of wealth.
Obama told Chicago's public station WBEZ-FM that "redistributive change" is needed, pointing to what he regarded as a failure of the U.S. Supreme Court under Chief Justice Earl Warren in its rulings on civil rights issues in the 1960s.
The Warren court, he said, failed to "break free from the essential constraints" in the U.S. Constitution and launch a major redistribution of wealth. But Obama, then an Illinois state lawmaker, said the legislative branch of government, rather than the courts, probably was the ideal avenue for accomplishing that goal.
In the 2001 interview, Obama said:
If you look at the victories and failures of the civil rights movement and its litigation strategy in the court, I think where it succeeded was to invest formal rights in previously dispossessed people, so that now I would have the right to vote. I would now be able to sit at the lunch counter and order and as long as I could pay for it I’d be OK
But, the Supreme Court never ventured into the issues of redistribution of wealth, and of more basic issues such as political and economic justice in society. To that extent, as radical as I think people try to characterize the Warren Court, it wasn't that radical. It didn't break free from the essential constraints that were placed by the Founding Fathers in the Constitution, at least as it's been interpreted, and the Warren Court interpreted in the same way, that generally the Constitution is a charter of negative liberties. Says what the states can't do to you. Says what the federal government can't do to you, but doesn't say what the federal government or state government must do on your behalf.
And that hasn't shifted and one of the, I think, tragedies of the civil rights movement was because the civil rights movement became so court-focused I think there was a tendency to lose track of the political and community organizing and activities on the ground that are able to put together the actual coalition of powers through which you bring about redistributive change. In some ways we still suffer from that.
DeWeese said the Constitutional Convention effort was begun in the 1980s by those who wanted to rein in government with an amendment requiring a balanced budget for the federal agencies
.
"Certainly all loyal Americans want government constrained by a balanced budget," the alert said. "But calling a Con Con risks a revolutionary change in our form of government. The ultimate outcome will likely be a new constitution, one that would possibly eliminate the Article 1 restriction to the coinage of real money or even eliminate gun or property rights."
He noted that when the last Constitutional Convention met in 1787, the original goal was to amend the Articles of Confederation. Instead, delegates simply threw them out and wrote a new Constitution.
"We were blessed in 1787; the Con Con delegates were the leaders of a freedom movement that had just cleansed this land of tyranny," the warning said. "Today's corrupt politicians and judges would like nothing better than the ability to legally ignore the Constitution - to modify its "problematic" provisions to reflect the philosophical and socials mores of our contemporary society."
DeWeese then listed some of the states whose legislatures already have issued a call: Alaska, Arizona, Arkansas, Delaware, Colorado, Georgia, Idaho, Iowa, Kansas, Maryland, Mississippi, Missouri, Nebraska, New Hampshire, New Mexico, North Carolina, North Dakota, Oklahoma, Oregon, Pennsylvania, South Carolina, South Dakota, Tennessee, Texas, Utah and Wyoming.
"You may have heard that some of those 32 states have voted to rescind their calls. This is true," the warning continued. "However, under Article V of the Constitution, Congress must call a Constitutional Convention whenever two-thirds (or 34) of the states apply. The Constitution makes no provision for rescission."
The warning also suggested that the belief that a Constitution Convention could be directed in its purpose is misplaced.
"In truth no restrictive language from any state can legally limit the scope or outcome of a Convention! Once a Convention is called, Congress determines how the delegates to the Convention are chosen. Once chosen, those Convention delegates possess more power than the U.S. Congress itself," the warning said.
"We have not had a Constitutional Convention since 1787. That Convention was called to make small changes in the Articles of Confederation. As a point of fact, several states first passed resolutions requiring their delegates discuss amendments to the Articles ONLY, forbidding even discussion of foundational changes. However, following the delegates' first agreement that their meetings be in secret, their second act was to agree to debate those state restrictions and to declare the Articles of Confederation NULL AND VOID! They also changed the ratification process, reducing the required states' approval from 100 percent to 75 percent. There is no reason to believe a contemporary Con Con wouldn't further 'modify' Article V restrictions to suit its purpose," the center warning said.
The website Principled Policy opined it is true that any new document would have to be submitted to a ratification process.
"However fighting a new Constitution would be a long, hard, ugly and expensive battle which is guaranteed to leave the nation split along ideological lines. It is not difficult to envision civil unrest, riots or even civil war as a result of any re-writing of the current Constitution," the site said.
American Policy cited a statement from former U.S. Supreme Court Justice Warren Burger that said, "There is no effective way to limit or muzzle the actions of a Constitutional Convention. The convention could make its own rules and set its own agenda."
"This is a horrible time to try such a crazy scheme," the policy center said. "The majority of U.S. voters just elected a dedicated leftist as president. … Our uniquely and purely American concept of individual rights, endowed by our Creator, would be quickly set aside as an anachronistic relic of a bygone era; replaced by new 'collective' rights, awarded and enforced by government for the 'common good.'
"And state No. 34 is likely sitting silently in the wings, ready to act with lightning speed, sealing the fate of our once great nation before we can prevent it," the center said.
A Constitutional Convention would be, DeWeese told WND, "our worst nightmare in an age when you've got people who believe the Constitution is an antiquated document, we need to have everything from controls on guns … all of these U.N. treaties … and controls on how we raise our children."
"When you take the document that is in their way, put it on the table and say how would you like to change it," he said.
American Policy Center suggested several courses of action for people who are concerned, including the suggestion that Ohio lawmakers be contacted.
WND also has reported an associate at a Chicago law firm whose partner served on a finance committee for Obama has advocated simply abandoning the U.S. Constitution's requirement that a president be a "natural-born" citizen.
The paper was written in 2006 by Sarah Herlihy, just two years after Obama had won a landslide election in Illinois to the U.S. Senate. Herlihy is listed as an associate at the Chicago firm of Kirkland & Ellis. A partner in the same firm, Bruce I. Ettelson, cites his membership on the finance committees for both Obama and Sen. Richard Durbin on the corporate website.
The article by Herlihy is available online under law review articles from Kent University.
The issue of Obama's own eligibility is the subject of nearly two dozen court cases in recent weeks, including at least two that have gone to the U.S. Supreme Court.
Herlihy's published paper reveals that the requirement likely was considered in a negative light by organizations linked to Obama in the months before he announced in 2007 his candidacy for the presidency.
"The natural born citizen requirement in Article II of the United States Constitution has been called the 'stupidest provision' in the Constitution, 'undecidedly un-American,' 'blatantly discriminatory,' and the 'Constitution's worst provision,'" Herlihy begins in her introduction to the paper titled, "Amending the Natural Born Citizen Requirement: Globalization as the Impetus and the Obstacle."
* The Constitution does not permit any restrictions on the subject matter a Con Con considers.
* The Constitution does not guarantee states may choose any delegates to a Con Con.
* The Constitution does not guarantee any state will be represented at a Con Con.
* To paraphrase Chief Justice Warren Burger's admonition, NOBODY TELLS A CON CON WHAT TO DO!
American Policy.org
Principled Policy Blog
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Delegates to the Constitutional Convention
Who Was There?
The state legislatures of each state selected the delegates who would attend the convention. There was no limit on the number of delegates a state could send, but each state would vote as a delegation, not as individual delegates. Rhode Island did not send any delegates to the Convention. While seventy delegates were appointed to attend, only fifty-five did.
The delegates to the convention included lawyers (thirty-four had studied law), soldiers (twenty-one fought in the Revolutionary War), farmers, educators, ministers, doctors, bankers and merchants. Forty had been members of the Continental Congress and two others would later become members of the Congress of the United States. The average age of the delegates was about 44.
Thomas Jefferson, author of the Declaration of Independence, was serving as the American Minister to France at the time and did not participate in the Constitutional Convention.
Delegates to the Constitutional Convention
The Constitutional Convention of 1787
Friday, December 12, 2008
Thursday, December 11, 2008
Obama The Dummy - Brzezinski The Ventriloquist
Sen. Barry Goldwater gave an adequate explanation of the intentions of the TC in his 1979 book “With No Apologies”
"The Trilateral Commission is intended to be the vehicle for multinational consolidation of the commercial and banking interests by seizing control of the political government of the United States. The Trilateral Commission represents a skillful, coordinated effort to seize control and consolidate the four centers of power political, monetary, intellectual and ecclesiastical.
Who is Zbigniew Brzezinski?
June 23, 2008,
Now that Barrack Obama has captured the candidacy for the Democratic Party in this year’s presidential election, the question arises of who his advisors are. Most people who will vote for Obama in November have no idea of his advisors. Certainly they have never heard the name “Zbigniew Brzezinski.”
It is said that to understand a politician, you have to know their advisors. After Obama announced his presidential run, he named his Foreign Policy Advisor to be Zbigniew Brzezinski. So who exactly is this shadowy figure who for 30 years has been active in steering the direction of how the US conducts foreign policy, mostly from behind the scenes.
So who exactly is Zbigniew Brzezinski?
What has his role in government been the last 30 years?
What is his ideology?
Zbigniew Kazimierz Brzezinski was born March 28, 1928 in Warsaw, Poland until coming over to the US in the early 1950’s. Brzizinski got started in politics during the 1960 presidential election where he was an advisor to the John F. Kennedy campaign. He is a Polish-American political scientist, geostrategist, and is largely known for his time as United States National Security Advisor to President Jimmy Carter from 1977 to 1981.
In 1973, David Rockefeller asked Zbigniew Brzezinski to put together an organization of the top political and business leaders from around the World. He called this group the Trilateral Commission (TC). The word "Trilateral" means "three-sided" - the three sides in this case being North America, Europe,and Japan. North America, Europe and Japan have several things in common. Most important is their wealth, which is derived primarily from industrial production. The Trilateral Commission is a private organization and it is widely perceived as an off-shoot of the Council on Foreign Relations. The Trilateral Commission was established to foster closer cooperation between America, Europe and Japan. The members of the Trilateral Commission are about 350 distinguished leaders in business, media, academia, public service (excluding current national Cabinet Ministers), labor unions, and other non-governmental organizations from the three regions. The regional Chairmen, Deputy Chairmen, and Directors constitute the leadership of the Trilateral Commission, along with an Executive Committee including about 40 other members. The annual meeting of Trilateral Commission members rotates among the three regions. It was held in Washington in 2008 and Brussels in 2007. The 2009 plenary will be held in Tokyo. http://www.trilateral.org/about.htm
Sen. Barry Goldwater gave an adequate explanation of the intentions of the TC in his 1979 book “With No Apologies”
"The Trilateral Commission is intended to be the vehicle for multinational consolidation of the commercial and banking interests by seizing control of the political government of the United States. The Trilateral Commission represents a skillful, coordinated effort to seize control and consolidate the four centers of power political, monetary, intellectual and ecclesiastical. What the Trilateral Commission intends is to create a worldwide economic power superior to the political governments of the nationstates involved. As managers and creators of the system, they will rule the future."
It was at the time as Jimmy Carter’s National Security Advisor where Brzezinski made a name for himself. As National Security Advisor, Brzezinski was known for his assertive policies on the Soviet Union. In 1979 he started a campaign supporting mujahideen in Pakistan and Afghanistan, which were run by Pakistani security services with financial support from the CIA and Britain's MI6. The Afghan mujahideen would later become known as “al-qaeda.”
So what is Brzezinski’s ideology? To answer this question we must look at writings and interviews straight from the man himself. Brzezinski has written more than 10 major novels on geostrategy and globalism.
Brzezinski supported the views of Marxism in his 1970 book “Between Two Ages” where he states: “That is why Marxism represents a further vital and creative stage in the maturing of man's universal vision. Marxism is simultaneously a victory of the external, active man over the inner, passive man and a victory of reason over belief: it stresses man's capacity to shape his material destiny – finite and defined as man's only reality – and it postulates the absolute capacity of man to truly understand his reality as a point of departure for his active endeavors to shape it. To a greater extent than any previous mode of political thinking, Marxism puts a premium on the systematic and rigorous examination of material reality and on guides to action derived from that examination.”
In his 1997 book “The Grand Chessboard” Brzezinski writes on Page 35: “Never before has a populist democracy attained international supremacy. But the pursuit of power is not a goal that commands popular passion, except in conditions of a sudden threat or challenge to the public's sense of domestic well-being. The economic self-denial (that is, defense spending) and the human sacrifice (casualties, even among professional soldiers) required in the effort are uncongenial to democratic instincts. Democracy is inimical to imperial mobilization."
What Brzezinski fails to address is that the US was founded as a Constitutional Republic…not a Democracy. In fact the founding fathers warned us of a Democracy. Thomas Jefferson said that “A democracy is nothing more than mob rule, where fifty-one percent of the people may take away the rights of the other forty-nine.” With so many of this nation uninformed of what’s going on, it’s no wonder that the elite want a Democracy. The US was never set up to attain international supremacy, and was certainly not set up to achieve “imperial mobilization.” The US was set up to stay out of the affairs of other nations and never wanted to use soldiers as cannon fodder to invade the planet. Brzezinski seems to be out-of-touch with what this country is all about.
During his time as National Security Advisor Brzezinski declared that, “This regionalization is in keeping with the Tri-Lateral Plan which calls for a gradual convergence of East and West, ultimately leading toward the goal of one world government. National sovereignty is no longer a viable concept.”
Apparently, Brzezinski wants to erase the “We The People” in the Constitution and replace it with a single benevolent ruler. Usually this kind of rhetoric will come from someone whose ideology is to promote and eventually try to accomplish the creation of a One World Government.
So what can we expect out of Barrak Obama with Brzezinski pulling his strings on foreign policy? Is it “Change”? Well I guess it depends on what kind of change you are talking about. There is good change and then there is bad change. With so many blindly following Obama and his promise of “Change”, how can we be so sure that he means a change for the better? With Brzezinski by his side in the White House, it’s a foregone conclusion of what kind of change we will get.
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WASHINGTON, DC -- In my book Obama The Postmodern Coup: The Making of a Manchurian Candidate, I argue that presidential candidate Barack Obama is a wholly owned puppet of Zbigniew Brzezinski and his associates of the Trilateral Commission, founded by David Rockefeller. As some have noted, Brzezinski has been attempting to conceal his actual domination of the Obama campaign, for which he is the chief guru and controller. Now a rhetorical outburst by Obama on the campaign trail in Oregon has once again pointed to the reality that Obama is a ventriloquist's dummy, with the Russia-hating fanatic Brzezinski, a barbarous relic of the Cold War, acting as the ventriloquist.
At a recent campaign stop in Oregon, Obama stated:
"We can't drive our SUVs and eat as much as we want and keep our homes on 72 degrees at all times and then just expect that other countries are going to say OK," Obama said. "That's not leadership. That's not going to happen," he added. If India and China's "carbon footprint gets as big as ours, we're gone." (AFP)
This remarkable statement reveals the true program of a future Obama administration: savage austerity, brutal economic sacrifice, and a massive further reduction in the standard of living of the depleted and exhausted US population as demanded by David Rockefeller, George Soros, and Obama's Wall Street backers. This will be done under left cover through a global warming tax, a third world solidarity tax, and other demagogic frauds, with the revenue going to bail out Goldman Sachs, Citibank, and JP Morgan Chase. The tired, discredited post-9/11 "war on terror" slogans will be dumped. Most interesting is that Obama's sound bytes are actually a sloganized version of a key passage from Zbigniew Brzezinski's recent book Second Chance: Three Presidents and the Crisis of American Superpower (New York: Basic Books, 2007), pp. 198-199. This book contains Zbig's desperate strategy for preserving the crisis-ridden US-UK world empire, including by making the US "social model" more attractive to developing sector publics. Zbig writes:
"In mutually compounding ways, material self-indulgence, persistent social shortcomings, and public ignorance about the world increase the difficulty the American democracy faces in formulating a globally appealing platform for effective world leadership. Americans must recognize that their patterns of consumption will soon collide head-on with increasingly impatient egalitarian aspirations. Whether through the exploitation of natural resources, excessive energy consumption, indifference to global ecology, or the exorbitant size of houses for the well-to-do, indulgent self-gratification at home conveys indifference to the persisting deprivations of much of the world. (Just try to imagine a world in which 2.5 billion Chinese and Indians consume as much energy per capita as Americans do.) That reality the American public has yet to assimilate. To lead, America must not only be sensitive to global realities. It must also be socially attractive. That calls for a broader national consensus in favor of correcting the key failings of the American social model."
Obama has thus unmasked himself as the exterminating angel of super-austerity dictated by the elitist Trilateral bankers' clique. Will he cut the current US standard of living by 40%? By 50%? When he does, will he still call it the politics of hope? Obama has been trained to hate the American people through two decades of association with hate-mongers like Reverend Wright, Bill Ayers, Bernardine Dohrn, and Brzezinski himself. For Rockefeller and Soros, Obama's hatred of the American people is a positive guarantee that he will enforce Wall Street's austerity decrees with a vengeance. Forget the utopian platitudes and the messianic rhetoric: Obama's real economic program is now clear for all to see. It is a path that leads to genocide against the US population, among others.
Obama's Oregon outburst needs to be read in the light of earlier unguarded statements by Michelle Obama, who has said at various times in her stump speech: "before we can work on the problems, we have to fix our souls - our souls are broken in this nation. If we can't see ourselves in one another, we will never make those sacrifices.We need a different leadership because our souls are broken. We need to be inspired...to make the sacrifices that are needed to push us to a different place. The change Barack is talking about is hard, so don't get too excited because Barack is going to demand that you too be different." Here the theme of purification and redemption by means of sacrifice and economic austerity is clearly conveyed. Now Barack has begun to fill in the details.
Insiders have long recognized that Zbigniew Brzezinski (helped by his son Mark) owns and runs Obama. David Ignatius has pointed to Second Chance as a scenario for a future Obama administration. Ignatius commented over a year ago: "Zbigniew Brzezinski has written a new book that might be a foreign policy manifesto for Barack Obama The most intriguing part of Brzezinski's book is what I would describe as the Obama manifesto. (David Ignatius, "A Manifesto for the Next President," Washington Post, March 14, 2007) It has also long been known that Zbig does the thinking for Obama; the London Economist last year hailed "a new brain for Barack Obama! It's 78 years old and it still works perfectly. It belongs to Zbigniew Brzezinski, the peppery ex-national security adviser to Jimmy Carter." ("A New Brain for Barack Obama, Economist.com, March 14, 2007)
Obama's campaign has long been attacking Bush from the right, criticizing the current regime for not exploiting 9/11 to impose savage economic austerity, as seen in Samantha Power's "monster" interview. We now have good evidence that Obama will flay the American people alive with his elitist economic policies. Obama has committed a major error by showing his hand.
Tuesday, December 9, 2008
Obama bribes Blagojevich to appoint his pick for Senate seat in Illinois
Andy Martin Calls It ObamaGate Interesting Take on It All.
The fox News interview and Carol Sowers news story about Obama talking with Gov Blagojevich have been removed from the web. Fox news and KHQA TV have strangely removed the video and news story. Why? Let me speculate. Obama is putting pressure on them to hide the facts.
Obama bribes Blagojevich to appoint his pick for Senate seat in Illinois. Mr. Obama was selling his Senate seat for Valerie Jarrett in a quid pro quo.
Blagojevich_Affidavit.pdf Criminal Complaint Illinois
Reference 101 b. ROD BLAGOJEVICH asked what he can get from the President-elect for the Senate seat. ROD BLAGOJEVICH stated that Governor General Counsel believes the President-elect can get ROD BLAGOJEVICH’s wife on paid corporate boards in exchange for naming the President-elect’s pick to the Senate.
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The cesspool that Obama has been created from is now revealing the con man Obama really is. In the above referenced CRIMINAL COMPLAINT UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF ILLINOIS, EASTERN DIVISION. The Governor's lawyer states Obama will get Blagojevich's wife a job in exchange for him naming Obama's pick for his vacant senate seat. This is in effect buying his vacated senate seat and putting in who Obama wants.
Obama must be indicted on crimminal charges before Jan 6, 2009
Carol Sowers KHQA reported on Nov 5, 2008 that Obama was meeting that day with Governor Blagojevich to discuss filling his US Senate seat. This means Obama is a BOLD FACE LIAR!
Carol Sowers KHQA NEWS STORY EXPOSING OBAMA IS A LIAR! Proof Positive Obama has floated to the top of the cess pool.
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Ref: lamecherry.blogspot.com
With arrest of Prime Minister Obama's chief political supporter in Illinois in Gov. Blagojevich along with his Chief of Staff on selling the PM's former Senate seat, my interest is not in the salacious headlines in the Governor calling Barack Obama a motherf*cker, but in what the FBI has been doing and what the real conversations reveal.
This is a great deal like Capt. Kirk telling Mr. Spock, "If you can't tell me what it is, tell me what it isn't."
That is the key to understanding the depths of what has been occurring in Illinois, because a great deal has been going on with Plamegate coup operational director, Patrick Fitzgerald.
To put it plainly, Mr. Fitzgerald is a Clintonista. He ran a 2 year sting in trying to get Alberto Gonzales who was White House Chief Counsel to agree to a briefing by stooge Richard Armitage on his testimony before a grand jury. Once Armitage did that, then Fitzgerald could have swept in with indictments in the White House was interfering with a federal investigation.
Gonzales said, "NO!", to that offer and was destroyed for it and that was what was behind the entire "impeachment" promise to Democrats for the Bush 43 years. There was a standing coup to get George W. Bush as payback for what the GOP did in impeaching Bill Clinton.
In knowing where Patrick Fitzgerald's New York allegiances lay, it has been interesting in one can surmise it was his digging in ACORN election fraud and other Obama crimes which assisted greatly in one Hillary Clinton arriving as Sec. of State.
There is a great deal of blackmail and leverage occurring in this which is only a tip of an iceberg for Barack Obama as he has 300 million in counterfeit donations from the Middle East and all those people over there are blackmailing for their piece of the Obama pie too.
Does it become more clear in why all of these Clinton people are popping up in the Obama administration due to what the Clinton New York faction has on Mr. Obama?
In this, I want to focus on a few statements which really are important in understanding the depths of the activity in Illinois.
Patrick Fitzgerald only has until January 20 to indict Barack Obama and anyone else. After that time, he will be fired by Prime Minister Obama and that will end the criminal problems for Mr. Prime Minister.
So Fitzgerald is under pressure to get the job done now if it is the job to be got done and that is why he pounced in Gov. Blagojevich.
This surveillance of Blagojevich is telling, because there have been vast inquiries into Tony Rezko who was Obama's bag man in Chicago as slum lord. It filters back to Chicago banking and thee immense corruption of money laundering and embezzlement going on. There is a blurb of small detail I recall of money shifting in Illinois out of the public funds in I believe it was the billion dollar teacher union funds which 2 people benefited from in Barack Obama and Joe Biden.
Fitzgerald and the FBI have been pressuring Rezko and he has been singing. The problem seems is no real uncomplicated evidence was showing up to nail Blagojevich and the cronies. So the FBI just sat like in the Plamegate coup waiting for something to happen and this idiot Blagojevich leaped in with both feet selling Obama's Senate seat.
In that, it reveals that numbers of people in Illinois have their email and phones tapped.
In this, Blagojevich warned people that people were listening and they had to watch what was being said. That means Blagojevich was being warned by someone in Illinois FBI or someone in DC loyal to Barack Obama knew of this investigation and warned Blagojevich or someone in Obama's main camp in direct conversation knowing the phones were tapped illegally blew the investigation.
All of this chatter and federal moles links exactly as in the Lawrence Sinclair case. Someone illegally informed and warned Blagojevich of the Fitzgerald investigation.
Building on this, it comes to the literal impeachment and indictment of Barack Hussein Obama in one key phrase which Gov. Blagojevich was told by an adviser.
I will quote directly from the ABC News site as what is quoted is damning.
quote:
Blagojevich also sought a high paying job for his wife, according to the FBI. "Is there a play here, with these guys, with her" to work for a firm in Washington or New York, he reportedly said.
The FBI affidavit said Blagojevich had been told by an adviser "the President-elect can get ROD BLAGOJEVICH's wife on paid corporate boards in exchange for naming the President-elect's pick to the Senate."
Told by two other advisers he has to "suck it up" for two years, the FBI says it heard Blagojevich complain he has to give this "motherf***er [the President-elect] his Senator. F*** him. For nothing? F*** him."
The Governor is heard saying he will pick another candidate "before I just give f***ing [Senate Candidate l] a f***ing Senate seat and I don't get anything."
unquote.
One has to take the entire scenario into context.
Blagojevich is asking for a lobbyist job for his wife in quid pro quo as part of selling the Senate seat.
One must now realize this is not potential candidates for the job trying to bribe him, but Blagojevich by his adviser is informing him, the adviser is being told this by Barack Obama and his staff.
The "what" Blagojevich is being told is that Barack Obama will in exchange for naming Valerie Jarrett, who is Obama's minion cronie pick, that Obama will then pay off in 2 years when all suspicion that the seat has been sold of getting a job for Mrs. Blagojevich.
What is telling in this is how shrewd Barack Obama is in operating. He agrees willingly to sell his Senate seat in a job and cash deal, but wants to make certain the public perception is that he has not sold the seat, which is quite illegal as what the Governor is attempting to do.
Blagojevich as one can read is furious over this and by his reaction indicates he doesn't trust Obama's word no more than a gay gigolo on a street corner that he doesn't have aids.
In that is the working of Patrick Fitzgerald in moving up the ladder of crimes. He convicted Tony Rezko and used those convictions to have what appears open ended surveillance on Gov. Blagojevich.
A federal court just does not hand out open end wire taps without there being more on the books. Patrick Fitzgerald has other information on Gov. Blagojevich and other Chicago citizens. This Obama seat for sale was simply the most damning evidence he had and he swept in in this major press event to arrest a sitting governor and chief of staff of a state all for the ladder purpose of moving up the ranks.
To put it plainly, if Patrick Fitzgerald will do his job as he should, the next people on the list will be the FBI informant who informed Blagovich, who would be connected to the Obama campaign, the Obama campaign, chiefly in David Axelrod and one, Barack Hussein Obama, his wife and Joe Biden.
Those are the fish Mr. Fitzgerald has barely 60 days to indict if he does his job, if not for America, but for Hillary Clinton.
The Federal Court in Illinois has most likely already secured wire taps on the Obama campaign, chiefly David Axelrod, and as one witnesses with Gov. Blagojevich, there are hosts of crimes a politician blunders into when you have something someone else desires.
The Obama campaign is filled with conversations daily in quid pro quo from 'news' organizations to people being appointed. Someone always has a relative or sex partner who they need to bring on board after they have been paid off for political support.
It might be a GOP Governor of Hawaii assisting in sealing Obama's birth certificate. It might be a judge on a bench being told how helpful it would be to shut down a lawsuit and he would be "remembered" in 2 years. It might be a Middle Eastern bank thug demanding immigration for his insane son who likes to chop infidel's heads off. There are all kinds of pigs for the tits of Lincoln's Illinois already on digital recordings or about to be as Mr. Obama, Mr. Plouffe and Mr. Axelrod might think they can be like bin Laden in not talking on phones will protect them when surveillance can now listen through concrete walls.
What this all points to is Mr. Obama is not as powerful nor are his cronies in Chicago and Brzezinski haven as they like to pretend to be as New York connected Patrick Fitzgerald just kicked them in the testicles today. That means leverage from the real powers and it means as stated above that "if" Mr. Obama and Mr. Biden who are involved in this in campaign finance and the proven statement by Gov. Blagojevich's adviser that Mr. Obama was selling his Senate seat for Valerie Jarrett in a quid pro quo, that the one person who would benefit from this most would be, Hillary Rodham Clinton.
Why might one ask?
As this blog noted in the 25th Ammendment, section 6, "If the President and Vice President are found disqualified from their offices, the succession of office goes to, Sec. of State".
That would be Hillary Hamrod Clinton.
This is not a Phil Berg coup coming from outside that the courts will shut down. What has occurred in Illinois is at the least, leverage, and at the most, it will be President Hillary Clinton replacing Prime Minister Barack Obama and Aaron Burr as Vice President.
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Illinois Governor Rod Blagojevich wanted President-elect Barack Obama "to put something together…something big" in exchange for going along with Obama's choice to fill his vacant U.S. Senate seat, according to a FBI affidavit unsealed following the governor's stunning arrest.
Gov. Blagojevich is charged with wire and mail fraud, and soliciting bribes.
"I've got this thing and it's f***ing golden, and, uh, uh, I'm just not giving it up for f***in' nothing. I'm not gonna do it. And I can always use it. I can parachute me there," Blagojevich said in a phone call secretly recorded by the FBI on Nov. 5, the day after the election, according to the affidavit.
What you need to see here is Barack Obama wanted to put something togeather to bribe Gov Blagojevich to appoint his senate pick!
FBI: Illinois Governor Sought To "Sell" Obama's Senate Seat
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Chicago politics
Valerie Jarrett got her start in Chicago politics in 1987 working for Mayor Harold Washington[8] as Deputy Corporation Counsel for Finance and Development.[9]
Jarrett continued to work in the mayor's office in the 1990s. She was Deputy Chief of Staff for Mayor Richard Daley, during which time (1991) she hired Michelle Robinson, then engaged to Barack Obama, away from a private law firm. Jarrett served as Commissioner of the Department of Planning and Development from 1992 through 1995, and was Chair of the Chicago Transit Board from 1995 to 2005.
Valerie Jarrett senior advisor in the incoming Obama administration born in Shiraz, Iran
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David Axelrod said that he was SURE Obama had spoken with the governor regarding his senate seat. Blagojevich has had all his conversations recorded for months. Obama wouldn't
play around with words...just like clinton.
On November 23, David Axelrod said that he was SURE Obama had spoken with the
governor regarding his senate seat.
Today, Obama said that he had not spoken with the governor 's OFFICE.
Obama did *NOT* say that he had not spoken with the governor. Yes there is a
distinction. Just like him saying, "You won't SEE ME smoking in the White House"
is NOT AT ALL THE SAME as "I won't be smoking in the White House".
We know the FBI has taped Washinton DC aides talking with Blagojevich!
Obama is going DOWN.
I just hope it is before Jan 6, 2009 when the Senate meets in joint session to
count the electorial votes.
Obama is now floating to the top of the CESSPOOL of Chicago Politics. The "BIGGEST" allways float to the top FIRST. Keep in mind The new "first" lady was hired by Valerie Jarrett. Michelle Robinson, was then engaged to Barack Obama. Obama is not the only "object" floating to the top of the massive CESSPOOL!
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By inauguration day, Obama could be bleeding. He could be politically dead before he even takes the oath of office. Obama, after all, is a man of "confidence," NOT substance. He has created public "confidence" that he will do something. But what? Public confidence can erode in an instant, as it did for Blagojevich.
Monday, December 8, 2008
APPLICATION FOR EMERGENCY STAY AND/OR INJUNCTION AS TO THE 2008 ELECTORAL COLLEGE MEETING AND ALTERNATIVELY AS TO CONNECTICUT ELECTORS
All eyes should now be closely watching US Supreme Court Docket No. 08A469, Wrotnowski v. Bysiewicz. DISTRIBUTED for Conference of December 12, 2008.
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No.
In The
Supreme Court of the United States
Cort Wrotnowski
v.
Susan Bysiewicz, Secretary Of The State Of Connecticut
APPLICATION FOR EMERGENCY STAY AND/OR INJUNCTION AS TO THE 2008 ELECTORAL COLLEGE MEETING AND ALTERNATIVELY AS TO CONNECTICUT ELECTORS
Cort Wrotnowski, Pro Se
1057 North Street
Greenwich Connecticut 06831
203-862-8554
ADDRESSED TO THE HONORABLE ASSOCIATE JUSTICE RUTH BADER GINSBURG, CIRCUIT JUSTICE FOR THE 2nd CIRCUIT.
AFFIRMATION OF JURISDICTION
Applicant Cort Wrotnowski respectfully submits to this Honorable Court that
he has brought this emergency application directly from a final judgment with
prejudice issued by the Connecticut Supreme Court. The United States
Supreme Court is the final jurisdiction available to him. Applicant
respectfully submits that this matter reflects an important public interest
and involves a Constitutional issue of first impression as to the legal
significance of the term "natural born citizen" as enumerated in Article 2,
Section 1, Clause 5, of the Constitution of the United States.
Furthermore, the Respondent's challenged failure to perform legally
prescribed constitutional duties is directly related to Article 6, Section 3,
wherein she is required to swear an oath to uphold the United States
Constitution.
PROCEDURAL HISTORY
This emergency application is brought to this Honorable Court from a
final decision of the Honorable Connecticut Supreme Court, issued Nov. 3
2008, dismissing Applicant's complaint. Before that, Applicant's initial
Connecticut Superior Court complaint was dismissed on October 24, 2008
for lack of jurisdiction.
REQUEST THAT APPLICATION BE TREATED AS PETITION FOR WRIT OF CERTIORARI AND/OR MANDAMUS AND /OR PROHIBITION
Because the Electoral College is set to meet in three weeks, Applicant
respectfully submits there is no time for a more formal approach to the
issues listed herein. In Bush v. Gore, 531 U.S. 98 at 98 (2000), this
Honorable Court accepted an emergency stay application as a full petition:
"Governor Bush and Richard Cheney, Republican Candidates for the Presidency and Vice Presidency, filed an emergency application for a stay of this mandate. On December 9, we granted the application, treated the application as a petition for a writ of certiorari, and granted certiorari."
In Purcell v. Gonzales, 127 S. Ct. 5 (2006), this Honorable Court construed
an application for a stay as a Petition for a Writ of Certiorari, and then granted
Certiorari in an election dispute - two weeks before election day - regarding
alleged unconstitutional voter registration conditions. Applicant respectfully
submits this application be treated the same.
STATEMENT OF FACTS
In mid-October 2008, Applicant took notice of genuine controversies
regarding the eligibility of Presidential candidates Barack Obama and
John McCain. Applicant studied the reports of multiple law suits brought
by citizens against the candidates alleging such candidates could not, or
would not, prove they were "natural born Citizens" as required by Article 2,
Section 1, Clause 5, of the US Constitution.
Barack Obama was probably born in Hawaii. His mother was a United
States Citizen and his Father was a Citizen of what is now called Kenya, but
back in 1961, when Obama was born, Kenya was a British Colony. At one of
Obama's official web sites, Fightthesmears.com., it states:
“When Barack Obama Jr. was born on Aug. 4,1961, in Honolulu, Kenya was a British colony, still part of the United Kingdom’s dwindling empire. As a Kenyan native, Barack Obama Sr. was a British subject whose citizenship status was governed by The British Nationality Act of 1948. That same act governed the status of Obama Sr.‘s children."
If the above is true, and to Applicant's knowledge, Obama has never denied it,
then Obama was, at birth, both a British Citizen-Subject as well as a United
States Citizen.
John McCain was born in Panama.
On approximately October 16, Applicant contacted the Respondent-Secretary
of State's office and inquired as to what steps the Secretary of State had or had
not taken to determine the eligibility of the Presidential candidates. On
Oct. 17, a counselor from the Respondent's office, Mr. Ramos, phoned Applicant
back and said, "It's not our job" to examine the eligibility of the candidates.
Applicant avers that Mr. Ramos's statement was an admission that Respondent
had failed to protect the integrity of the electoral process.
On October 24, 2008, Applicant filed the complaint in Connecticut Superior
Court which initiated this litigation.
REASONS FOR GRANTING WRIT(S)
This Honorable Court is the only legal power that can now grant
the extraordinary relief requested herein. No other jurisdiction holds
legal dominion over the several Secretaries of State of the United States
as well as all Presidential electors casting votes at the Electoral College
meeting on December 15, 2008. Furthermore, Applicant's cause of action
may become moot if the case is remanded in that Barack Obama is
still just a candidate for President. But if the Electoral College meets and
causes Barack Obama to become the president-elect, Applicant's standing
to maintain this cause of action will be severely jeopardized as specific
powers to challenge the president-elect after the Electoral College meets
have been enumerated to Congress, and Applicant's standing is likely to
face a "political question" challenge.
Applicant notes that the Senate was negligent in failing to verify the
candidates' eligibility and by authoring a legally flawed and publicly
deceptive Senate Resolution which attempted to confer, at least in the
public eye, the idea that John McCain was a natural born citizen even
though he was born in Panama. While that resolution may have looked
like a law, it had no legal authority, but rather served to confuse and
obfuscate the important Constitutional issue now before this Honorable
Court. (See U.S. S. Res. 511, 110th Congress.)
Furthermore, Congress showed no concern whatsoever that candidate
Obama was facing multiple legal challenges to his eligibility and was
actively concealing all records of his past from public view.
Applicant respectfully submits that Congress has not shown any
interest in protecting Applicant from the harms perpetrated upon him by
this fraudulent election and so he requests that this Honorable Court accept
full review of the underlying merits of this controversy while his case is ripe.
While Applicant requests that this Honorable Court grant the injunctive
relief requested herein, he also recognizes this Court's authority to issue an
extraordinary writ of mandamus and/or prohibition to either the Secretary of
State or the Connecticut Supreme Court and/or the Connecticut Superior
Courts.
Applicant respectfully submits that the issuance of an extraordinary
writ in this case would be in aid of this Honorable Court's appellate
jurisdiction and that such a writ is authorized by the All Writs Act,
28 U.S.C. Sec. 1651. Furthermore, as this case involves the possible
voiding of the popular vote of our national election, it concerns a
matter of vital public importance and is of such an extraordinary
nature that no other Court should be responsible for the incredible
weight of decision now before this Honorable Court. That the Court
has the power to fashion whatever writ it deems necessary under the
extraordinary circumstances of this case was made clear in Ex Parte
Republic Of Peru 318 U. S. 578, 584-585 (1943) (citing Ex Parte
United States, 287 U.S. 241 at 248-249 (1932)):
"...[T]his court has full power in its discretion to issue the writ of mandamus...such power will be exercised only where a question of public importance is involved, or where the question is of such a nature that it is peculiarly appropriate that such action by this court should be taken.
This Honorable Court has also exercised its power to issue extraordinary
writs to state courts. See Deen v. Hickman, 358 U.S. 57 (1958), and Bucolo
v. Adkins, 424 U.S. 641 (1976).
RELIEF REQUESTED
Applicant respectfully requests a stay of the certification of
Connecticut Electors for Barack Obama and an accompanying
order from this Honorable Court by way of a writ of mandamus
and/or prohibition preventing Respondent and Connecticut
electors from casting Electoral College votes for Barack Obama
should this Honorable Court hold that he is not eligible to the
office of President of the United States. Applicant requests the
same aforementioned relief as to candidate John McCain.
Applicant couldn't request - in the lower courts - that the national election
be stayed or enjoined. But since the issue of whether John McCain and
Barack Obama are natural born citizens is now before this Honorable Court,
Applicant respectfully submits that should this Honorable Court agree with
the legal arguments herein, specifically that Barack Obama is not eligible to
the office of President of the United States in that he is not a natural born
citizen of the United States, Applicant now respectfully requests a stay of
the 2008 Electoral College meeting and that an order be issued, whether
by mandamus and/or prohibition, to the several Secretaries of State of the
United States and to all Presidential electors eligible to cast votes in the
2008 Electoral College, preventing the same from respectively allowing to
Electoral College votes to be cast for Barack Obama. Applicant requests
the same aforementioned relief as to candidate John McCain.
Applicant also respectfully requests, in the alternative, that Respondent
be issued an order commanding her to demand from Barack Obama that he
provide proper documentation to prove that he was born in the state of Hawaii.
Should this Honorable Court issue such a writ to Respondent, Applicant
leaves it to the sound discretion of this Court to determine the nature of such
compliance.
Applicant sought "injunctive relief" from the lower courts by requesting
orders for Respondent to protect Applicant by ensuring that Connecticut
ballots did not present ineligible candidates for the Unites States Presidency
to that state's voters.
Applicant respectfully submits that the defective Presidential election of
2008 may still be cured by this Honorable Court by way of an injunction
voiding the election on the grounds that neither Barack Obama nor John
McCain are not natural born citizens as is required by the Constitution
to be eligible to the office of President.
While some counts of Applicant's lower court pleadings mistakenly
sought to tell Respondent how to execute her prescribed duty, for
purposes of the action now before the Court Applicant only requests
that Respondent be compelled to carry out her exact prescribed duties.
Applicant requests the same aforementioned relief as to candidate
John McCain.
In McCarthy v. Briscoe, 429 U.S. 1317 n.1 (1976), the Honorable
Justice Powell stated:
"Although the application is styled ‘Application for a partial stay of an order and judgment of the United States Court of Appeals, Fifth Circuit,’ the applicants actually seek affirmative relief. I have therefore treated the papers as an application for an injunction pursuant to 28 U.S.C. § 1651 and Rules 50 and 51 of this Court."
In that case, late in the Presidential election cycle of 1976, six
weeks before election day, third party candidate Eugene McCarthy
submitted an application for a stay to Justice Powell, in his capacity
as Circuit Justice in charge of Texas, for injunctive relief ordering the
Texas Secretary of State to cause McCarthy's name to appear on
general election ballots in Texas as an independent candidate for the
office of President. McCarthy alleged that a Texas statute which
prevented third parties from gaining access was unconstitutional.
Justice Powell granted relief and the Texas election officials were
commanded to alter the ballots to include McCarthy's name.
In the present case, Applicant sought injunctive relief from Respondent
to have the names of fraudulent candidates purged from the ballots
in Connecticut. Appellant requested that the Connecticut Supreme
Court issue a writ of mandamus ordering Respondent to investigate
whether national candidates generally, and Barack Obama
specifically, had caused a fraudulent election scenario to exist
as to the likely ineligibility of certain candidates under Article 2,
Section 1, Clause 5, of the Constitution which states:
No person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President;
Had Respondent been ordered to do such an investigation prior
to election day and thereafter learned that candidates Obama and
McCain were not natural born citizens, then Respondent would have
been required to remove their names from Connecticut ballots to fulfill
her prescribed duty under Connecticut General Statutes Sec. 9-3
in conjunction with Respondent's oath of office duty to uphold the
Constitution.
ASSIGNMENTS OF ERROR
Applicant initiated this litigation by filing a complaint in the
Superior Court of Connecticut at Stamford on October 24, 2008.
Paragraphs 1 and 2 of Applicant's complaint allege:
"1. The plaintiff being a voter residing in the State of Connecticut seeks injunctive relief against election fraud.
2. The defendant has neglected to certify the eligibility of national candidates...
As a result: Election fraud will be perpetrated against Connecticut voters."
Applicant further alleged, in his supporting memorandum, that
Respondent failed both statutory and United States Constitutional
duties to protect the integrity of ballots and to protect voters in the
State of Connecticut from the likelihood of fraudulent candidates
taking office.
On October 24, 2008, Applicant's complaint was dismissed by the
Honorable Taggart G. Adams, stating lack of jurisdiction. Judge
Taggart based this decision on Connecticut General Statutes Section
9-323, which requires a complaint filed thereunder to be brought
before a Judge of the Connecticut Supreme Court. But Applicant
didn't rely on - nor did he even mention - Sec. 9-323 in his Superior
Court complaint or brief in support thereof. Furthermore, Sec. 9-323
only applies to actions brought by "any candidate or elector". Applicant
is neither a candidate nor an elector, and therefore Sec. 9-323 was not
in any way applicable to the action Applicant brought as a citizen voter.
On October 31, 2008, Applicant filed a continuing complaint to the
Connecticut Supreme Court. On that day, the Honorable Chief Justice
Chase T. Rogers ordered that a hearing on Applicant's complaint be held
on Nov. 3, 2008, at which,
"...the plaintiff should be prepared to show cause why his complaint should not be dismissed because he ha[d] not alleged facts that would confer subject matter jurisdiction on the court under General Statutes [Sec.] 9-323."
After the hearing on Nov. 3, the Honorable Chief Justice Chase
T. Rogers granted Respondent-Defendant's motion to dismiss Applicant's
complaint. At that time, Chief Justice Rogers stated that an opinion
explaining the reasons for the dismissal would follow in due course.
The opinion was published by the Connecticut Supreme Court a few days
later, but dated retroactively back to Nov. 3, 2008. In what can only be
characterized as a confounding and extreme action, Chief Justice Chase
Rogers misstated the statutory authority upon which Applicant relied for
relief.
She erroneously stated that Applicant sought relief under
Connecticut General Statute 9-323, the same statute invoked by the
lower Superior Court Judge and the same statute she instructed Applicant
to show conferred subject matter jurisdiction. But Applicant never sought
relief pursuant to 9-323 because it was not applicable to him. The
single-minded determination to ascribe such action to Applicant in both
lower courts is perplexing. Applicant's complaint and supporting
brief were subject to the same failure in the Supreme Court as was made
in the lower court: By relying exclusively on Section 9-323 as the basis for
dismissing Applicant's successive complaints, neither decision accurately
recognized the actual claims Applicant made or the actual law upon
which Applicant relied.
The following sections of Applicant's Superior Court complaint
memorandum clarify the core issues raised in Applicant's initial
complaint. All of these were ignored by Judge Taggart when he
dismissed the action based on Sec. 9-323, a statute which has no
applicability to Applicant or his complaint:
1.4. Plaintiff argues that the Office of Secretary of State has the Constitutional and Statutory authority to make such determinations as part of certifying and executing fair and open elections...
2.1. Article II, Section I of the United States Constitution, states in particular part, "No Person except a natural born citizen, or a citizen of the United States at the time of the adoption of this constitution, shall be eligible to the Office of President;..."
2.2. Mr. Barack H. Obama is a candidate for United States Office of the President. However, Mr. Obama must meet the qualifications specified for the United States Office of the President, which is, he must be a "natural born" citizen. Mr. Obama has failed to demonstrate that he is a "natural born" citizen. There are other legal challenges before the Federal Courts regarding aspects of lost or dual citizenship, in addition to legal challenges filed in other states. That challenge in and of itself further demonstrates plaintiff’s argument that reasonable doubt exists as to the veracity of the electoral process that would allow such fundamental questions exist at this late hour preceding the election.
2.3. The Connecticut Secretary of State is responsible for the veracity of the Connecticut State election process from verifying ahead of time the qualification of the voters, the ballots themselves, the candidates and the final counting and certification of results. That office is intended to be non-biased and to provide the critical sense of fairness and correctness necessary for the people to have faith in the fundamental underpinnings of the democratic basis for our republic.
2.4. There is a reasonable and common expectation by the people that to qualify for the ballot that the individuals so listed meet the minimum qualifications as outlined in the constitutions and that proof of those minimum qualifications has been received by the officials executing the election process...
2.8. This complaint seeks specifically to verify through the office of the Connecticut Secretary of State that Mr. Obama is a "natural born" citizen.
2.12. Should Mr. Obama be discovered, whether by virtue of malfeasance, or negligence, or ignorance on his part to not have a valid certified US birth certificate or to otherwise due to have been revealed by such examination of original records to be ineligible for the Office of President of the United States of America and thereby his nomination be declared void by the appropriate authorities acting under the law, Plaintiff as well as other Americans will suffer irreparable harm...
6.2. Failure to grant injunctive relief would allow a potentially corrupted, fraudulent nomination and election process to continue.
6.3. Failure to grant injunctive relief demanding the Connecticut Secretary of State certify the minimum qualifications of challenged candidates not only allows, but promotes an overwhelming degree of disrespect and creates such a lack of confidence in voters of the primary and electoral process itself, so that it would cement a prevailing belief that no potential candidate has to obey the laws of this country, respect our election process, follow the Constitution, or even suffer any consequence for lying and defrauding voters to get onto the ballot when they have no chance of serving if they fraudulently manage to get elected.
6.4. As stated above, Plaintiff as well as all American citizens will suffer irreparable harm if injunctive relief is not granted. Plaintiff does not have any other way of redress regarding these very significant and important issues.
On October 31, 2008, Applicant filed a continuing complaint before the
Honorable Connecticut Supreme Court. On that day, the Honorable Chief
Justice Chase T. Rogers ordered that a hearing on Applicant's complaint
be held on Nov. 3, 2008, at which,
"...the plaintiff should be prepared to show cause why his complaint should not be dismissed because he ha[d] not alleged facts that would confer subject matter jurisdiction on the court under General Statutes [Sec.] 9-323.
After the hearing on Nov. 3, the Honorable Chief Justice Chase T. Rogers
granted Respondent-Defendant's motion to dismiss Applicant's complaint.
At that time, Chief Justice Rogers stated that an opinion explaining the
reasons for the dismissal would follow in due course. The opinion was
published by the Connecticut Supreme Court a few days later, but dated
retroactively back to Nov. 3, 2008.
Chief Justice Rogers's order and opinion, like that of the lower Court,
dismissed Applicant's complaint on the basis that he had failed to establish
subject matter jurisdiction in that he lacked statutory standing under
General Statutes Sec. 9-323, Sec. 9-324, Sec. 9-328, and Sec 9-329a.
Incredibly, none of these statutes were relied upon by Applicant in his
complaint or brief in support thereof, and none of those statutes even
apply to him since those sections are completely restricted to complaints
or objections made by "any elector or candidate." As stated above,
Applicant is neither.
Furthermore, in the first paragraph of her opinion, while raising
the "natural born Citizen" issue, it is respectfully submitted that Chief
Justice Rogers begins with an obviously false premise:
"The plaintiff, Cort Wrotnowski, brought a complaint pursuant to General Statutes [Sec.] 9-323 against the defendant, Susan Bysiewicz, the secretary of the state, alleging that the defendant unlawfully had failed to verify that Barack Obama, the democratic nominee for the office of president of the United States for the November 4, 2008 presidential election, was a natural born citizen of the United States as required by the United States constitution..."
Applicant did not bring a complaint pursuant to Sec. 9-323. Applicant
did not rely on - or even mention - that statute in the lower court complaint
or brief. And Applicant does not rely on - or even mention - that statute in
his Connecticut Supreme Court complaint.
Moreover, Applicant could not rely on that statute because it is only applicable
to "any elector or candidate" while Applicant is a citizen voter. And while Applicant
does briefly mention Sec. 9-323 in his Supreme Court complaint brief, he does so
primarily while making reference to the lower court's grounds for dismissal. He also
mentions it in passing one time in his eleven page brief, but in no way does he rely
on it or attempt to apply it to the facts of his case:
3.6 The plaintiff asserts that Connecticut law is not explicit with respect to taking action against potential election fraud at the national level. It neither authorizes nor prohibits. In fact, it is silent on this important issue. The only statutes providing direction are 9-323, and for Federal Election Disputes, sec. 10-13, 10-14, 10-15…
Applicant, in the passage above, simply mentions Sec. 9-323 by way of making
a point that, for the most part, Connecticut law is basically silent with respect to
election fraud at the national level. But while the General Statutes are not explicit, the Constitution is, and so is the oath of office sworn by Respondent wherein she swears to uphold the Constitution.
Applicant remains perplexed as to why General Statute sec. 9-323, which is
restricted to complaints made by electors or candidates, was relied upon by both
the Connecticut Superior Court and the Chief Justice of the Connecticut Supreme
Court in dismissing his complaints, while the actual arguments he made and the
laws he did, in fact, rely upon, were completely ignored by both lower courts. For
example, the following is taken from count one of the Applicant's Connecticut
Supreme Court complaint:
Susan Bysiewicz, the Connecticut Secretary of State, is being negligent about preventing election fraud in Connecticut. Her representatives have claimed it is not her job to check for potential fraud. Evidence of fraud is substantial and clear. They have chosen to ignore the information and claim that checking the eligibility of national candidates is “not their job.” She has not followed: 1) Her oath of office, 2) Her own biographic statements about concern for election integrity, or 3) Connecticut Statute, Sec. 9-358. Connecticut Statutes, while not explicit, do imply that the Secretary of State has a duty prevent election fraud from occurring in this state, whatever the source may be.
Applicant clearly raised the issue of Respondent's oath of office. This oath
which includes a specifically prescribed duty, in her capacity as Secretary of
State and as the Commissioner of Elections in the state of Connecticut, to
uphold the Constitution of the United States. This argument will be discussed
thoroughly in Applicant's legal argument below, but Applicant raises the issue
here by way of illustration of the lower courts' failure to acknowledge the actual claims made by Applicant.
Chief Justice Rogers did correctly dismiss, in footnote 2 of her opinion, Applicant’s claim as to the applicability of Sec. 9-358 to his cause of action, but Chief Justice Rogers's opinion fails to recognize, discuss, consider or even mention Applicants genuine reliance upon General Statute Sec. 9-3. The following, wherein Applicant cites the text of General Statutes Sec. 9-3, is taken directly from paragraph 4.4 of Applicant's brief in support of his complaint in the Connecticut Supreme Court:
4.4 Sec. 9-3. Secretary to be Commissioner of Elections. Presumption concerning rulings and opinions. The Secretary of the State, by virtue of the office, shall be the Commissioner of Elections of the state, with such powers and duties relating to the conduct of elections as are prescribed by law...
Chief Justice Rogers, in her opinion, and Respondent's counsel’s in brief in
support of the motion to dismiss, failed to address, or even recognize the most
basic claim made by applicant below, that Connecticut General Statutes 9-3 as well
as Respondent's oath of office imposed a prescribed duty upon her to protect
Applicant from fraudulent candidates seeking the office of President.
Paragraph 4.5 further clarifies the point:
4.5 The bolded language in Sec. 9-3 demonstrates that the legislature fully expected the Secretary of State to act independently and proactively to address situations germane to the task of executing elections consistent with al[l] requirements of constitution and statutes.
Applicant’s brief also stated:
4.7 As the Chief of Elections, the Secretary of State is the final authority for protecting Connecticut voters from unfair elections. She has a responsibility to ensure fair and equitable elections by preventing fraud against Connecticut voters.
4.8 Eligibility is a fundamental issue that strikes at the heart of fair elections. Where the question of eligibility has become so obvious and clear, as in the case of Sen. Obama’s missing birth certificate, the Secretary of State must move to protect the voters, investigating the allegations of fraud or directing such agency as deemed proper such as the SEEC which would investigate and inform the Secretary of State of their findings.
And as to the Respondent's duties to the Electoral College, Applicant stated:
5.1 The electoral college is a state level system. For the office of President of the United States, the U.S. Constitution prescribes a system of electors where citizens of the respective state have a state controlled election wherein electors representing the interest of the candidate will vote on behalf of the state’s winning candidate in the electoral college. Thus, we do not have a federal ballot controlled by the federal government; we have a Connecticut State ballot where we elect electors who in turn represent the named individual on the ballot.
5.2 That is a significant reason why our Secretary of State has pervue over certification of not just the counts of the ballots so cast for the Office of President, but also the veracity of the system including publishing and promoting the ballot and for certifying or decertifying challenged candidates; in this case a placeholder or proxies for the candidate.
As to Applicant’s request for mandamus relief, his brief stated:
5.5 If Secretary Bysiewicz is unclear on this issue, then we ask this court to clearly explain it to her in the form of a Writ of Mandamus since she has clearly ignored prudence and the petitions of citizens.
5.6 States do not have the right to run presidential candidates that violate the eligibility standards of the U.S. Constitution. This is not their choice to make. But that is what Secretary Bysiewicz chooses to do.
5.7 The plaintiff asserts again that any FEC oversight is either broken in this regard or non-existent. Allowing an ineligible candidate on the ballot in Connecticut is an act of negligence by the Secretary of State. She has failed to provide Connecticut voters with the most basic protections against fraud. She wishes to be consistent in her negligence by neglecting to demand Sen. Obama produce his authentic birth certificate.
CONSTITUTIONAL ISSUE RAISED IN CONNECTICUT SUPREME COURT
Neither Chief Justice Rogers in her written opinion, nor Respondent's counsel, in their reply brief, attacked Applicant's core legal argument that Respondent failed to protect Applicant from fraudulent Presidential candidates who were not eligible to be President of the United States. Both Chief Justice Rogers and Respondent's counsel, while having raised the Constitutional natural born citizen issue in their respective papers, never attacked the actual arguments made by Applicant thereto:
"The plaintiff, Cort Wrotnowski, brought a complaint pursuant to General Statutes § 9-323 against the defendant, Susan Bysiewicz, the secretary of the state, alleging that the defendant unlawfully had failed to verify that Barack Obama, the democratic nominee for the office of president of the United States for the November 4, 2008 presidential election, was a natural born citizen of the United States as required by the United States constitution, article two, § 1.2"
Applicant did bring a complaint on the Constitutional grounds mentioned
above, but he did not bring that claim pursuant General Statutes 9-323. Chief
Justice Rogers (and Judge Taggart) appears to pull this statute out of thin air.
The same is true for the following:
"The Supreme Court also has held that constitutional claims are not within the ambit of General Statutes §§ 9-324,7 9-328 and 9-329a. See Scheyd v. Bezrucik, 205 Conn. 495, 506, 535 A.2d 793 (1987). When an election official has complied with existing law, but the plaintiff claims that the law is unconstitutional, ‘‘the plaintiff may well be aggrieved by the law or regulation, but he or she is not aggrieved by the election official’s rulings which are in conformity with the law.’’
Plaintiff has neither claimed that these statutes are unconstitutional, nor
has he ever relied on, or utilized, any of the above statutes throughout this
litigation. The statutes cited above apply to "electors or candidates", not
ordinary citizen voters. They are irrelevant to Applicant yet his complaint
was dismissed thereupon.
Applicant raised serious federal constitutional issues. While
these issues were addressed below, they weren't properly discussed by Respondent
or judged by Chief Justice Rogers. Regardless, as the issues were raised below,
Applicant respectfully submits that they are properly before this Honorable Court.
The Constitutional issues were alleged by Applicant throughout all stages of
this litigation and are addressed in his legal arguments to this application.
Moreover, Applicant recognizes that the stated core Constitutional (and
statutory) issues he raised below are of such great public importance that,
despite Respondent's failure to even address them below, Applicant
does not petition this Honorable Court to deem any further argument
by Respondent thereto as having been waived.
Finally, even though Chief Justice Rogers failed to address Applicant's
core constitutional issues - natural born citizen status, and the oath of office
fusion to Connecticut General Statutes Sec. 9-3 - Applicant respectfully submits
that the appellate jurisdiction of the Supreme Court cannot be defeated by
improper activity in the lower courts. Applicant relies on Ex Parte United
States, 287 U.S. 241 at 249-250 (1932), where this Honorable Court held
that the refusal of a district court to issue a warrant upon a justified
indictment had the effect of curtailing Supreme Court appellate jurisdiction.
Therefore this Court issued a writ of mandamus upon the rogue
District Court below to expedite settlement of the vital issue involved.
The same principle controls here where the lower courts fabricated a
defective cause of action out of thin air, attributed it to Applicant, and then
dismissed his case citing to the self imposed defect. At the same time, they
treated the genuine complaint as invisible, never discussing or judging it
at all. It is respectfully submitted that such conduct should neither be
allowed to defeat this Honorable Court's appellate jurisdiction nor cause
Applicant's case to become moot. The lower courts can't avoid the constitutional
issues by making believe Applicant's case could be dismissed on a statutory
basis when Applicant didn't rely on that statute and the statute, on its face,
couldn't possibly apply to Applicant or his case.
QUESTIONS PRESENTED
POINT I
DID THE LOWER COURTS ERR IN DENYING APPLICANT'S REQUEST FOR INJUNCTIVE RELIEF OR A WRIT OF MANDAMUS ORDERING RESPONDENT TO EXECUTE A LEGALLY PRESCRIBED MINISTERIAL DUTY - AS THE COMMISSIONER OF ELECTIONS - TO PROTECT APPLICANT FROM FRAUDULENT PRESIDENTIAL CANDIDATES HOLDING THE OFFICE OF PRESIDENT OF THE UNITED STATES?
RESPONDENT'S PRESCRIBED DUTY TO UPHOLD THE US CONSTITUTION
Respondent, as required by Article 6, Section 3, of the United States
Constitution swore an oath to uphold the Constitution. Article 11, Section 1,
of the Connecticut Constitution requires her to do the same. Connecticut
General Statutes Sec. 9-3 deems Respondent to be the Commissioner of Elections.
In that capacity, her oath of office is of paramount importance to the execution of
her duties:
Sec. 9-3. Secretary to be Commissioner of Elections. Presumption concerning rulings and opinions.
The Secretary of the State, by virtue of the office, shall be the Commissioner of Elections of the state, with such powers and duties relating to the conduct of elections as are prescribed by law and, unless otherwise provided by state statute, the secretary's regulations, declaratory rulings, instructions and opinions, if in written form, shall be presumed as correctly interpreting and effectuating the administration of elections and primaries under this title... (Emphasis added.)
The statute not only empowers Respondent - it commands her - as the top
official in the State's executive branch responsible for conducting elections
and as such it specifically burdens her with all duties "prescribed by law."
Her ministerial duty to uphold the Constitution of the United States is
prescribed by the highest law of the land, as well as the highest law of
Connecticut. The Supremacy Clause, Article VI, Clause 2 of the United
States Constitution, reads:
This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the authority of the United States, shall be the supreme Law of the land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.
The duties prescribed in Sec. 9-3 must be interpreted, in so far as the
election for President of the United States is concerned, in light of Article 2,
Section 1, of the Constitution:
No person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President;
Respondent's minimum standard in fulfilling her prescribed duty to uphold
the Constitution must require that she protect the electoral process in
Connecticut from candidates who are not natural born citizens. The exact
manner in which she goes about executing that duty is certainly up to her.
Applicant seeks a writ of mandamus, and/or injunctive relief, not to tell her
how to do that job, but simply to compel her to do it.
Applicant was told by counselor Ramos from Respondent's office, as to the
question of whether Respondent did anything to determine the eligibility of the
candidates, "It's not our job." Applicant put this statement in his Connecticut
Supreme Court complaint and it was not disputed in Respondent's Counsel's brief.
STANDING TO REQUEST WRIT OF MANDAMUS
Respondent's Counsel is the Connecticut Attorney General, Richard
Blumenthal. As Attorney General of Connecticut, Mr. Blumenthal
has occasion to publish official opinions as to various issues of law which
may arise in his capacity as Connecticut's executive counsel. His
opinions are codified and cited.
In, 1992 Conn. Op. Atty. Gen. (12/21/92) ( available online at
http://ct.gov/ag/cwp/view.asp?A=1770&Q=281376&pp=12&n=1 ),
Att. Gen. Blumenthal issued a well stated opinion as to the history
and proper use of writs of mandamus:
"In general, if a public official has a duty to perform a particular act and fails in the discharge of that duty, a writ of mandamus is the proper remedy for compelling performance of the act. Raslavsky v. Moore, 167 Conn. 363, 355 A.2d 272 (1974)...
There are three preconditions to the issuance of a writ of mandamus. First, the law must impose a duty on the party against whom the writ is sought and the performance of the duty must be ministerial as opposed to discretionary. Second, the party applying for the writ must have a clear legal right to have the duty performed. And third, there must be no other adequate remedy. Chamber of Commerce v. Murphy, 179 Conn. 712, 427 A.2d 866 (1980). The Connecticut Supreme Court has elaborated on the requirement that the duty be ministerial, stating that:
[M]andamus will lie even if the exercise of the duty involves discretion, so long as the existence of the duty is ministerial, and provided that the order issued does no more than require the duty to be performed, leaving the manner of its performance to the good-faith discretion of the official charged.
State ex. rel. Golembeske v. White, 168 Conn. 278, 284, 362 A.2d 1354, 1358 1975)."
As to that last paragraph, Applicant submits that Respondent's prescribed
ministerial duty to secure the electoral process from fraudulent candidates
invading Connecticut ballots would involve discretion. While Applicant did
attempt to tell Respondent how to accomplish that prescribed duty in some
paragraphs of his lower court brief, other paragraphs requested that she simply
protect the electoral process. But she didn't.
The three preconditions stated by Att. Gen. Blumenthal above have been met:
1. An exact ministerial duty is imposed upon Respondent by legal fusion of Sec. 9-3
merged to her oath of office to uphold the Constitution. In Cooper v. Aaron, 358
U.S. 1, 18 (1958), the Honorable Chief Justice Black stated:
"Every state legislator and executive and judicial officer is solemnly committed by oath taken pursuant to Art. VI, cl. 3 'to support this Constitution.' Chief Justice Taney, speaking for a unanimous Court in 1859, said that this requirement reflected the framers' 'anxiety to preserve it [the Constitution] in full force, in all its powers, and to guard against resistance to or evasion of its authority, on the part of a State. . . .' No state legislator or executive or judicial officer can war against the Constitution without violating his undertaking to support it."
Respondent's oath of office to uphold the Constitution has force of law. It
cannot be discharged by a phone call saying, "It's not our job" to protect voters
from constitutionally disqualified candidates. And Sec. 9-3 reinforces the
certainty of this duty. And while the statute provides a presumption of
correctness as to Respondent's "regulations, declaratory rulings, instructions
and opinions, if in written form", it provides no such presumption for inaction
related to duties she has failed to perform.
Furthermore, it is well established precedent that a state has a great interest
in securing the integrity of the electoral process. "Confidence in the integrity
of our electoral process is essential to the functioning of our participatory
democracy." Purcell, supra at 4.
"A State has an interest, if not a duty, to protect the integrity of its political processes from frivolous or fraudulent candidacies." Jenness v. Fortson, 403 U.S. 431, at 442 (1971). "It is clear that preservation of the integrity of the electoral process is a legitimate and valid state goal." Rosario v. Rockefeller, 410 U.S. 752, 761 (1973); Bullock v. Carter, 405 U.S. 134, 145 (1972).
2. Applicant had a clear legal right to have the duty performed. The duty
is meant to protect applicant from seeing his vote voided by a fraudulent
candidate, and the duty also protects Applicant from being governed by a
President who is not constitutionally eligible. In Bush v, Gore, 531
U.S. 98, 104 (2000), this Honorable Court stated:
"When the state legislature vests the right to vote for President in its people, the right to vote as the legislature has prescribed is fundamental; and one source of its fundamental nature lies in the equal weight accorded to each vote and the equal dignity owed to each voter." Bush v. Gore, 531 U.S 5, 6 (2000).
Although Chief Justice Rogers didn't discuss whether Applicant had
standing outside of her Honor's mistaken reliance on Sec. 9-323,
Respondent's counsel did raise the issue in their brief, arguing that
Applicant had neither statutory standing nor classical standing.
Applicant disagrees. He had statutory standing under Sec. 9-3
since Respondent owed him the protective "duties relating to the conduct
of elections as are prescribed by law" which were discussed above.
But Applicant also has standing to request a writ of mandamus
as the three requirements listed in Att. Gen. Blumenthal's opinion have
been satisfied. In Chamber of Commerce of greater Waterbury v. Eugene
v. Murphy, 179 Conn. 712 (1980), the plaintiff there was an ordinary
property owner and taxpayer who sought to compel, by writ of mandamus,
the public assessor to do a land assessment for all of Waterbury that
was due every ten years. Plaintiff in that case was simply a member of
the community of Waterbury property owners. He had no special reason to
sue different than the rest of the community at large, but the Connecticut
Supreme Court held that he had a clear legal right to have the duty
performed. That decision also reiterated:
" '[M]andamus will lie even if the exercise of the duty involves discretion, so long as existence of the duty is ministerial, and provided that the order issued does no more than require the duty to be performed, leaving the manner of its performance to the good-faith discretion of the official charged.' (Emphasis added.) State ex rel. Golembeske v. White, 168 Conn. 278, 284, 362 A.2d 1354; see State v. Erickson, 104 Conn. 542, 545-46, 133 A. 683." Id. at 718-719.
3. There was no other adequate remedy available. Applicant had no other
option but to bring this action against Respondent to compel her to fulfill
her electoral policing duties. While Respondent's counsel insists in their
brief that the issue of Presidential eligibility is one best left for Congress
under the 20th Amendment, Applicant respectfully submits that the 20th
Amendment only takes effect once their is a President-elect chosen by
the Electoral College.
Applicant's cause of action is therefore proper in that it seeks to pre-empt
an ineligible candidate from being chosen by the Electoral College.
Furthermore, neither the House of Representatives nor the Senate
has shown any willingness to protect applicant from ineligible candidates
holding the office of President.
CONCLUSION
For all of the foregoing reasons, Applicant respectfully requests that this
Honorable Court find that applicant has standing to bring this action; that the Respondent has prescribed legal duty to protect Applicant from ineligible Presidential candidates; that the lower courts erred in not ordering the
Respondent to verify said eligibility; and Order to do so forthwith.
POINT II
IS PRESIDENTIAL CANDIDATE BARACK OBAMA INELIGIBLE TO HOLD THE OFFICE OF PRESIDENT FOR FAILING TO MEET THE CONSTITUTIONAL REQUIRMENT OF BEING A NATURAL BORN CITIZEN?
No person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President;
By this clause, the Framers established two strict sets of citizens
eligible to be President. It is respectfully submitted that discovering
the intended distinction is the primary issue now before this Honorable
Court.
The grandfather clause allowed all those who were citizens of the
United States "at the time of the adoption of this Constitution” to be
President. Nobody alive today can claim Presidential eligibility
thereunder. And it's clear that the Framers sought to exclude those
same classes of citizens from being President in future generations
by reducing the field of eligible people to only natural born citizens once
the grandfather clause had run its course..
The Framers probably didn't consider themselves to be natural born
citizens as they were, for the most part, British subjects at the time of
their birth. Considering they had recently fought a difficult war to rid
themselves of the British monarchy, it doesn't seem likely they intended
that those born subject to the British monarchy would be eligible to hold
the office of President.
Barack Obama, at birth, was both a British citizen as well as a United
States citizen. And like the Framers, Applicant respectfully submits that he
is not a "natural born Citizen", but rather a "native born Citizen" (if it be
established that he was actually born in Hawaii.).
Article 1, Section 2, provides that Representatives must be seven years
a "Citizen" while the Senate requires nine. Again, what distinction have the
Framers drawn here between "Citizens" and "natural born Citizens"?
In 1790, Congress sought to expand the pool of natural born Citizens.
The Naturalization Act of 1790 was the only Congressional legislation
which has ever attempted to confer "natural born citizen" status. The
relevant portion reads as follows:
"...the children of citizens of the United States that may be born beyond Sea, or out of the limits of the United States, shall be considered as natural born Citizens..."
However, the Naturalization Act of 1795 specifically repealed the act of
1790 and replaced it with virtually the same clause as that of 1790, except
the words "natural born" were deleted and have never been replaced by
Congress. The 1795 act reads as follows:
"the children of citizens of the United States born out of the limits and jurisdiction of the United States, shall be considered as citizens of the United States."
So Congress effectively kept the part of that clause which granted
citizenship, but repealed the words "natural born" from that level of
citizenship. Congress never again attempted to legislate a definition
of "natural born citizen.
Congress and the several states had their chance to expand the pool
of "natural born Citizens" with the 14th Amendment. Had they sought
to avenge their prior attempt in 1790 to expand the pool of natural born
Citizens, a Constitutional amendment would have been the perfect chance
for them to have done so. But they didn't. The 14th Amendment only confers
the status of Citizen, and only to those born under the jurisdiction of the
United States.
Since the Constitution, from its very genesis, has distinguished between
"natural born Citizens" and other "Citizens" in Article 2, Section 1, as well
as Article 1, Section 2, "Citizen" status under the 14th Amendment also must
be distinguished from that of "natural born Citizens." And it is the burden
of those seeking an implication to prove otherwise. The plain meaning and
spelling of the word "Citizen" in the 14th Amendment evidences the same
status as is used to set the requirements for those wishing to become
Representatives or Senators, as well as those who were "Citizens at the
time of the adoption" of the Constitution.
It is respectfully submitted that the Framers, in their wisdom, sought
to restrict the office of President to those Citizens who had a slightly
closer bond to the United States. And if history is any guide, other than
those Presidents who were eligible to that office via the Article 2, Section 1,
grandfather clause, it does not appear that the United States has ever had
a President who wasn't born in the United States to parents who were both
United States citizens. There have been Presidents who had one parent
born abroad, but as far as Applicant has been able to verify, in each
of those cases, the alien parent had become a Citizen prior to giving birth
to their child who later became President.
NATURAL BORN STATUS OF PRESIDENTIAL CANDIDATE AT BIRTH
Since Article 2, Section 1, Clause 5, limits itself to a status available at
birth - as evidenced by its use of the words "natural born Citizen" - Applicant
respectfully submits that Barack Obama, having been a British citizen (as well
as a United States citizen), at birth, can never cure the presidential defect.
Article 2, Section 1, Clause 5, eligibility is set at birth, not at the time the
proposed candidate is running for office.
DUAL NATIONALITIES
It is respectfully submitted that the Framers sought to exclude dual
national Citizens from holding the office of President since having dual
nationalities, at birth, would help create the conditions whereby a future
President might take the office with a competing loyalty to another nation.
And at the time of the adoption of the Constitution, the Framers would have
been particularly wary of the British monarchy calling for some degree of
loyalty by the Commander in chief.
As to the problems associated with dual nationalities, the U.S. Department
of State Foreign Affairs Manual at 7 FAM 081 states:
"e. U.S. Policy on Dual Nationality: While recognizing the existence of dual nationality, the U.S. Government does not encourage it as a matter of policy because of the problems it may cause. Dual nationality may hamper efforts by the U.S. Government to provide diplomatic and consular protection to individuals overseas. When a U.S. citizen is in the other country of their dual nationality, that country has a predominant claim on the person. A foreign country might claim you as a citizen of that country if (a) you were born there; (b) your parent or parents (and sometimes grandparents) are or were citizens of that country or (c) you are a naturalized U.S. citizen but are still considered a citizen under that country's laws. (The oath you take when you are naturalized as a U.S. citizen (8 CFR 337.1) doesn’t mean the foreign country does not still regard you as a citizen of that country.)"
And at 7 FAM 082 it states:
"Current U.S. nationality laws do not explicitly address dual nationality, but the U.S. Supreme Court has stated that dual nationality is a 'status long recognized in the law' and that 'a person may have and exercise rights of nationality in two countries and be subject to the responsibilities of both.' See Kawakita v. United States, 343 U.S. 717 (1952)."
NATURAL BORN CITIZEN V. NATIVE BORN CITIZEN
In United States v. Wong Kim Ark, 169 U.S. 649 (1898), this Honorable
Court held that a child born in the United States, of parents of Chinese
descent, who, at the time of his birth, were subjects of the Emperor of
China, but had a permanent domicile and residence in the United States,
was, at the time of his birth, a citizen of the United States, by virtue of the
first clause of the Fourteenth Amendment of the Constitution.
That case also engaged in a thorough discussion of the history of
citizenship in as much as the United States has been influenced by the
English common law. Indeed, the opinion in that case is a dissertation
on citizenship wherein it was discussed that "natural born subjects" of the
King were person's born in the King's land. But despite the exhaustive
undertaking of that opinion, and the careful deconstruction of British
and United States common law, the Honorable Justice Gray comes to the
conclusion that those born in the United States are "native born" citizens.
And for well over 200 years this phrase "natural born Citizen" has
continued to remain elusive. The Framers were very aware of the common
law but the weight of evidence is against the term "natural born Citizen"
being equal to "natural born subject". If one returns to the pre-Amendment
initial Constitution, the most compelling evidence available that "natural
born Citizen" status - as it pertains to Presidential eligibility - was intended to
restrict rather than enlarge the pool of possible Presidents can be found in
the grandfather clause and the requirements to be a Representative or Senator.
THAT WHICH IS NATURAL IS SELF EVIDENT.
It is common parlance to say that one has a natural born right to
something. Being that one has the natural right to it,
there is no need for a statute to confer it. The absence of statutory
use of this term "natural born citizen" for 200 years witnesses to the
truth of this interpretation. Because statutory grants of citizenship
confer citizenship when there is some defect to or absence of the claim
of a natural right. Indeed every statutory grant of citizenship, excepting
naturalization of a foreign born foreigner, is a certain sort of sanation
of the defect which bases its title of justice to confer the rights of citizenship
on the partial right the person already has. Thus the very requirement
in the minds of some that the phrase be previously defined in law for it
to have a clear meaning is itself a testimony to their misunderstanding
of its authentic meaning.
Throughout the writings of the Founders there is a constant reference
to the natural right to do this or that, whether regarding expatriation,
freedom of taxation, self determination etc.. It would be historical to
confer a meaning on "natural born citizen" which conforms to statutory
definitions. Indeed to expand on its meaning apart from a Constitutional
amendment - which opportunity was present in the past, but rejected - would
alter the contract of the sovereign people with the government and violate
the fundamental norms upon which they have conferred authority on the
government and the court to exercise their appropriate powers.
CONCLUSION
For all of the foregoing reasons, it is respectfully submitted that a natural born
Citizen – as required by Article 2, Section 1, Clause 5, of the Constitution of the
United States - is a person born in the United States to parents who are both
citizens of the United States, and as such Barack Obama would not be eligible to be
president.
IS JOHN McCAIN A NATURAL BORN CITIZEN?
Having been born in Panama, Applicant respectfully submits
that John McCain is not a natural born citizen. The United States
Department of State's Foreign Affairs Manual at 7FAM1116.1-4(c) states:
"Despite widespread popular belief, U.S. military installations abroad and U.S. diplomatic facilities are not part of the United States within the meaning of the 14th Amendment. A child born on the premises of such a facility is not subject to U.S. jurisdiction and does not acquire U.S. citizenship by reason of birth."
CONCLUSION
For all of the foregoing reasons, it is respectfully submitted that a natural born
Citizen – as required by Article 2, Section 1, Clause 5, of the Constitution of the
United States - is a person born in the United States to parents who are both
citizens of the United States, and as such Barack Obama would not be eligible to be
president.
“I hereby certify that the foregoing statements made by me are true. I am aware that if any of the foregoing statements made by me are willfully false, I am subject to punishment.”
___________________________, November 25, 2008
Cort Wrotnowski, Pro Se
....................................................................................
Story Reports this is the most important Supreme Court Case In the Nations History. If the Justices grant a hearing on this case it could lead to Obama being disqualified as a candidate. It is obvious to me and anyone who will take the time to understand article 2 of the US Constitution it reveals Obama must be a natural born citizen to be president. Obama has admitted on his web site fight the smears and in his book and audio tape that he was a citizen of kenya until age 21. This is proof positive he was a dual citizen at birth. Its simple to understand. A dual citizen at birth cannot be a US president as article 2 of the US Constitution has clearly stated. Its is also obvious to me Obama is a fraud because he has told the American public he is just a citizen now and not a dual citizen as before his age of 21.
Is he just a citizen and not a dual citizen? If this is true it makes no difference as the US Constitution is only concerned with a persons status at birth as a natural born citizen.
The only thing "natural" about Obama is he is a natural born LIAR!
.......................................................................................
No.
In The
Supreme Court of the United States
Cort Wrotnowski
v.
Susan Bysiewicz, Secretary Of The State Of Connecticut
APPLICATION FOR EMERGENCY STAY AND/OR INJUNCTION AS TO THE 2008 ELECTORAL COLLEGE MEETING AND ALTERNATIVELY AS TO CONNECTICUT ELECTORS
Cort Wrotnowski, Pro Se
1057 North Street
Greenwich Connecticut 06831
203-862-8554
ADDRESSED TO THE HONORABLE ASSOCIATE JUSTICE RUTH BADER GINSBURG, CIRCUIT JUSTICE FOR THE 2nd CIRCUIT.
AFFIRMATION OF JURISDICTION
Applicant Cort Wrotnowski respectfully submits to this Honorable Court that
he has brought this emergency application directly from a final judgment with
prejudice issued by the Connecticut Supreme Court. The United States
Supreme Court is the final jurisdiction available to him. Applicant
respectfully submits that this matter reflects an important public interest
and involves a Constitutional issue of first impression as to the legal
significance of the term "natural born citizen" as enumerated in Article 2,
Section 1, Clause 5, of the Constitution of the United States.
Furthermore, the Respondent's challenged failure to perform legally
prescribed constitutional duties is directly related to Article 6, Section 3,
wherein she is required to swear an oath to uphold the United States
Constitution.
PROCEDURAL HISTORY
This emergency application is brought to this Honorable Court from a
final decision of the Honorable Connecticut Supreme Court, issued Nov. 3
2008, dismissing Applicant's complaint. Before that, Applicant's initial
Connecticut Superior Court complaint was dismissed on October 24, 2008
for lack of jurisdiction.
REQUEST THAT APPLICATION BE TREATED AS PETITION FOR WRIT OF CERTIORARI AND/OR MANDAMUS AND /OR PROHIBITION
Because the Electoral College is set to meet in three weeks, Applicant
respectfully submits there is no time for a more formal approach to the
issues listed herein. In Bush v. Gore, 531 U.S. 98 at 98 (2000), this
Honorable Court accepted an emergency stay application as a full petition:
"Governor Bush and Richard Cheney, Republican Candidates for the Presidency and Vice Presidency, filed an emergency application for a stay of this mandate. On December 9, we granted the application, treated the application as a petition for a writ of certiorari, and granted certiorari."
In Purcell v. Gonzales, 127 S. Ct. 5 (2006), this Honorable Court construed
an application for a stay as a Petition for a Writ of Certiorari, and then granted
Certiorari in an election dispute - two weeks before election day - regarding
alleged unconstitutional voter registration conditions. Applicant respectfully
submits this application be treated the same.
STATEMENT OF FACTS
In mid-October 2008, Applicant took notice of genuine controversies
regarding the eligibility of Presidential candidates Barack Obama and
John McCain. Applicant studied the reports of multiple law suits brought
by citizens against the candidates alleging such candidates could not, or
would not, prove they were "natural born Citizens" as required by Article 2,
Section 1, Clause 5, of the US Constitution.
Barack Obama was probably born in Hawaii. His mother was a United
States Citizen and his Father was a Citizen of what is now called Kenya, but
back in 1961, when Obama was born, Kenya was a British Colony. At one of
Obama's official web sites, Fightthesmears.com., it states:
“When Barack Obama Jr. was born on Aug. 4,1961, in Honolulu, Kenya was a British colony, still part of the United Kingdom’s dwindling empire. As a Kenyan native, Barack Obama Sr. was a British subject whose citizenship status was governed by The British Nationality Act of 1948. That same act governed the status of Obama Sr.‘s children."
If the above is true, and to Applicant's knowledge, Obama has never denied it,
then Obama was, at birth, both a British Citizen-Subject as well as a United
States Citizen.
John McCain was born in Panama.
On approximately October 16, Applicant contacted the Respondent-Secretary
of State's office and inquired as to what steps the Secretary of State had or had
not taken to determine the eligibility of the Presidential candidates. On
Oct. 17, a counselor from the Respondent's office, Mr. Ramos, phoned Applicant
back and said, "It's not our job" to examine the eligibility of the candidates.
Applicant avers that Mr. Ramos's statement was an admission that Respondent
had failed to protect the integrity of the electoral process.
On October 24, 2008, Applicant filed the complaint in Connecticut Superior
Court which initiated this litigation.
REASONS FOR GRANTING WRIT(S)
This Honorable Court is the only legal power that can now grant
the extraordinary relief requested herein. No other jurisdiction holds
legal dominion over the several Secretaries of State of the United States
as well as all Presidential electors casting votes at the Electoral College
meeting on December 15, 2008. Furthermore, Applicant's cause of action
may become moot if the case is remanded in that Barack Obama is
still just a candidate for President. But if the Electoral College meets and
causes Barack Obama to become the president-elect, Applicant's standing
to maintain this cause of action will be severely jeopardized as specific
powers to challenge the president-elect after the Electoral College meets
have been enumerated to Congress, and Applicant's standing is likely to
face a "political question" challenge.
Applicant notes that the Senate was negligent in failing to verify the
candidates' eligibility and by authoring a legally flawed and publicly
deceptive Senate Resolution which attempted to confer, at least in the
public eye, the idea that John McCain was a natural born citizen even
though he was born in Panama. While that resolution may have looked
like a law, it had no legal authority, but rather served to confuse and
obfuscate the important Constitutional issue now before this Honorable
Court. (See U.S. S. Res. 511, 110th Congress.)
Furthermore, Congress showed no concern whatsoever that candidate
Obama was facing multiple legal challenges to his eligibility and was
actively concealing all records of his past from public view.
Applicant respectfully submits that Congress has not shown any
interest in protecting Applicant from the harms perpetrated upon him by
this fraudulent election and so he requests that this Honorable Court accept
full review of the underlying merits of this controversy while his case is ripe.
While Applicant requests that this Honorable Court grant the injunctive
relief requested herein, he also recognizes this Court's authority to issue an
extraordinary writ of mandamus and/or prohibition to either the Secretary of
State or the Connecticut Supreme Court and/or the Connecticut Superior
Courts.
Applicant respectfully submits that the issuance of an extraordinary
writ in this case would be in aid of this Honorable Court's appellate
jurisdiction and that such a writ is authorized by the All Writs Act,
28 U.S.C. Sec. 1651. Furthermore, as this case involves the possible
voiding of the popular vote of our national election, it concerns a
matter of vital public importance and is of such an extraordinary
nature that no other Court should be responsible for the incredible
weight of decision now before this Honorable Court. That the Court
has the power to fashion whatever writ it deems necessary under the
extraordinary circumstances of this case was made clear in Ex Parte
Republic Of Peru 318 U. S. 578, 584-585 (1943) (citing Ex Parte
United States, 287 U.S. 241 at 248-249 (1932)):
"...[T]his court has full power in its discretion to issue the writ of mandamus...such power will be exercised only where a question of public importance is involved, or where the question is of such a nature that it is peculiarly appropriate that such action by this court should be taken.
This Honorable Court has also exercised its power to issue extraordinary
writs to state courts. See Deen v. Hickman, 358 U.S. 57 (1958), and Bucolo
v. Adkins, 424 U.S. 641 (1976).
RELIEF REQUESTED
Applicant respectfully requests a stay of the certification of
Connecticut Electors for Barack Obama and an accompanying
order from this Honorable Court by way of a writ of mandamus
and/or prohibition preventing Respondent and Connecticut
electors from casting Electoral College votes for Barack Obama
should this Honorable Court hold that he is not eligible to the
office of President of the United States. Applicant requests the
same aforementioned relief as to candidate John McCain.
Applicant couldn't request - in the lower courts - that the national election
be stayed or enjoined. But since the issue of whether John McCain and
Barack Obama are natural born citizens is now before this Honorable Court,
Applicant respectfully submits that should this Honorable Court agree with
the legal arguments herein, specifically that Barack Obama is not eligible to
the office of President of the United States in that he is not a natural born
citizen of the United States, Applicant now respectfully requests a stay of
the 2008 Electoral College meeting and that an order be issued, whether
by mandamus and/or prohibition, to the several Secretaries of State of the
United States and to all Presidential electors eligible to cast votes in the
2008 Electoral College, preventing the same from respectively allowing to
Electoral College votes to be cast for Barack Obama. Applicant requests
the same aforementioned relief as to candidate John McCain.
Applicant also respectfully requests, in the alternative, that Respondent
be issued an order commanding her to demand from Barack Obama that he
provide proper documentation to prove that he was born in the state of Hawaii.
Should this Honorable Court issue such a writ to Respondent, Applicant
leaves it to the sound discretion of this Court to determine the nature of such
compliance.
Applicant sought "injunctive relief" from the lower courts by requesting
orders for Respondent to protect Applicant by ensuring that Connecticut
ballots did not present ineligible candidates for the Unites States Presidency
to that state's voters.
Applicant respectfully submits that the defective Presidential election of
2008 may still be cured by this Honorable Court by way of an injunction
voiding the election on the grounds that neither Barack Obama nor John
McCain are not natural born citizens as is required by the Constitution
to be eligible to the office of President.
While some counts of Applicant's lower court pleadings mistakenly
sought to tell Respondent how to execute her prescribed duty, for
purposes of the action now before the Court Applicant only requests
that Respondent be compelled to carry out her exact prescribed duties.
Applicant requests the same aforementioned relief as to candidate
John McCain.
In McCarthy v. Briscoe, 429 U.S. 1317 n.1 (1976), the Honorable
Justice Powell stated:
"Although the application is styled ‘Application for a partial stay of an order and judgment of the United States Court of Appeals, Fifth Circuit,’ the applicants actually seek affirmative relief. I have therefore treated the papers as an application for an injunction pursuant to 28 U.S.C. § 1651 and Rules 50 and 51 of this Court."
In that case, late in the Presidential election cycle of 1976, six
weeks before election day, third party candidate Eugene McCarthy
submitted an application for a stay to Justice Powell, in his capacity
as Circuit Justice in charge of Texas, for injunctive relief ordering the
Texas Secretary of State to cause McCarthy's name to appear on
general election ballots in Texas as an independent candidate for the
office of President. McCarthy alleged that a Texas statute which
prevented third parties from gaining access was unconstitutional.
Justice Powell granted relief and the Texas election officials were
commanded to alter the ballots to include McCarthy's name.
In the present case, Applicant sought injunctive relief from Respondent
to have the names of fraudulent candidates purged from the ballots
in Connecticut. Appellant requested that the Connecticut Supreme
Court issue a writ of mandamus ordering Respondent to investigate
whether national candidates generally, and Barack Obama
specifically, had caused a fraudulent election scenario to exist
as to the likely ineligibility of certain candidates under Article 2,
Section 1, Clause 5, of the Constitution which states:
No person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President;
Had Respondent been ordered to do such an investigation prior
to election day and thereafter learned that candidates Obama and
McCain were not natural born citizens, then Respondent would have
been required to remove their names from Connecticut ballots to fulfill
her prescribed duty under Connecticut General Statutes Sec. 9-3
in conjunction with Respondent's oath of office duty to uphold the
Constitution.
ASSIGNMENTS OF ERROR
Applicant initiated this litigation by filing a complaint in the
Superior Court of Connecticut at Stamford on October 24, 2008.
Paragraphs 1 and 2 of Applicant's complaint allege:
"1. The plaintiff being a voter residing in the State of Connecticut seeks injunctive relief against election fraud.
2. The defendant has neglected to certify the eligibility of national candidates...
As a result: Election fraud will be perpetrated against Connecticut voters."
Applicant further alleged, in his supporting memorandum, that
Respondent failed both statutory and United States Constitutional
duties to protect the integrity of ballots and to protect voters in the
State of Connecticut from the likelihood of fraudulent candidates
taking office.
On October 24, 2008, Applicant's complaint was dismissed by the
Honorable Taggart G. Adams, stating lack of jurisdiction. Judge
Taggart based this decision on Connecticut General Statutes Section
9-323, which requires a complaint filed thereunder to be brought
before a Judge of the Connecticut Supreme Court. But Applicant
didn't rely on - nor did he even mention - Sec. 9-323 in his Superior
Court complaint or brief in support thereof. Furthermore, Sec. 9-323
only applies to actions brought by "any candidate or elector". Applicant
is neither a candidate nor an elector, and therefore Sec. 9-323 was not
in any way applicable to the action Applicant brought as a citizen voter.
On October 31, 2008, Applicant filed a continuing complaint to the
Connecticut Supreme Court. On that day, the Honorable Chief Justice
Chase T. Rogers ordered that a hearing on Applicant's complaint be held
on Nov. 3, 2008, at which,
"...the plaintiff should be prepared to show cause why his complaint should not be dismissed because he ha[d] not alleged facts that would confer subject matter jurisdiction on the court under General Statutes [Sec.] 9-323."
After the hearing on Nov. 3, the Honorable Chief Justice Chase
T. Rogers granted Respondent-Defendant's motion to dismiss Applicant's
complaint. At that time, Chief Justice Rogers stated that an opinion
explaining the reasons for the dismissal would follow in due course.
The opinion was published by the Connecticut Supreme Court a few days
later, but dated retroactively back to Nov. 3, 2008. In what can only be
characterized as a confounding and extreme action, Chief Justice Chase
Rogers misstated the statutory authority upon which Applicant relied for
relief.
She erroneously stated that Applicant sought relief under
Connecticut General Statute 9-323, the same statute invoked by the
lower Superior Court Judge and the same statute she instructed Applicant
to show conferred subject matter jurisdiction. But Applicant never sought
relief pursuant to 9-323 because it was not applicable to him. The
single-minded determination to ascribe such action to Applicant in both
lower courts is perplexing. Applicant's complaint and supporting
brief were subject to the same failure in the Supreme Court as was made
in the lower court: By relying exclusively on Section 9-323 as the basis for
dismissing Applicant's successive complaints, neither decision accurately
recognized the actual claims Applicant made or the actual law upon
which Applicant relied.
The following sections of Applicant's Superior Court complaint
memorandum clarify the core issues raised in Applicant's initial
complaint. All of these were ignored by Judge Taggart when he
dismissed the action based on Sec. 9-323, a statute which has no
applicability to Applicant or his complaint:
1.4. Plaintiff argues that the Office of Secretary of State has the Constitutional and Statutory authority to make such determinations as part of certifying and executing fair and open elections...
2.1. Article II, Section I of the United States Constitution, states in particular part, "No Person except a natural born citizen, or a citizen of the United States at the time of the adoption of this constitution, shall be eligible to the Office of President;..."
2.2. Mr. Barack H. Obama is a candidate for United States Office of the President. However, Mr. Obama must meet the qualifications specified for the United States Office of the President, which is, he must be a "natural born" citizen. Mr. Obama has failed to demonstrate that he is a "natural born" citizen. There are other legal challenges before the Federal Courts regarding aspects of lost or dual citizenship, in addition to legal challenges filed in other states. That challenge in and of itself further demonstrates plaintiff’s argument that reasonable doubt exists as to the veracity of the electoral process that would allow such fundamental questions exist at this late hour preceding the election.
2.3. The Connecticut Secretary of State is responsible for the veracity of the Connecticut State election process from verifying ahead of time the qualification of the voters, the ballots themselves, the candidates and the final counting and certification of results. That office is intended to be non-biased and to provide the critical sense of fairness and correctness necessary for the people to have faith in the fundamental underpinnings of the democratic basis for our republic.
2.4. There is a reasonable and common expectation by the people that to qualify for the ballot that the individuals so listed meet the minimum qualifications as outlined in the constitutions and that proof of those minimum qualifications has been received by the officials executing the election process...
2.8. This complaint seeks specifically to verify through the office of the Connecticut Secretary of State that Mr. Obama is a "natural born" citizen.
2.12. Should Mr. Obama be discovered, whether by virtue of malfeasance, or negligence, or ignorance on his part to not have a valid certified US birth certificate or to otherwise due to have been revealed by such examination of original records to be ineligible for the Office of President of the United States of America and thereby his nomination be declared void by the appropriate authorities acting under the law, Plaintiff as well as other Americans will suffer irreparable harm...
6.2. Failure to grant injunctive relief would allow a potentially corrupted, fraudulent nomination and election process to continue.
6.3. Failure to grant injunctive relief demanding the Connecticut Secretary of State certify the minimum qualifications of challenged candidates not only allows, but promotes an overwhelming degree of disrespect and creates such a lack of confidence in voters of the primary and electoral process itself, so that it would cement a prevailing belief that no potential candidate has to obey the laws of this country, respect our election process, follow the Constitution, or even suffer any consequence for lying and defrauding voters to get onto the ballot when they have no chance of serving if they fraudulently manage to get elected.
6.4. As stated above, Plaintiff as well as all American citizens will suffer irreparable harm if injunctive relief is not granted. Plaintiff does not have any other way of redress regarding these very significant and important issues.
On October 31, 2008, Applicant filed a continuing complaint before the
Honorable Connecticut Supreme Court. On that day, the Honorable Chief
Justice Chase T. Rogers ordered that a hearing on Applicant's complaint
be held on Nov. 3, 2008, at which,
"...the plaintiff should be prepared to show cause why his complaint should not be dismissed because he ha[d] not alleged facts that would confer subject matter jurisdiction on the court under General Statutes [Sec.] 9-323.
After the hearing on Nov. 3, the Honorable Chief Justice Chase T. Rogers
granted Respondent-Defendant's motion to dismiss Applicant's complaint.
At that time, Chief Justice Rogers stated that an opinion explaining the
reasons for the dismissal would follow in due course. The opinion was
published by the Connecticut Supreme Court a few days later, but dated
retroactively back to Nov. 3, 2008.
Chief Justice Rogers's order and opinion, like that of the lower Court,
dismissed Applicant's complaint on the basis that he had failed to establish
subject matter jurisdiction in that he lacked statutory standing under
General Statutes Sec. 9-323, Sec. 9-324, Sec. 9-328, and Sec 9-329a.
Incredibly, none of these statutes were relied upon by Applicant in his
complaint or brief in support thereof, and none of those statutes even
apply to him since those sections are completely restricted to complaints
or objections made by "any elector or candidate." As stated above,
Applicant is neither.
Furthermore, in the first paragraph of her opinion, while raising
the "natural born Citizen" issue, it is respectfully submitted that Chief
Justice Rogers begins with an obviously false premise:
"The plaintiff, Cort Wrotnowski, brought a complaint pursuant to General Statutes [Sec.] 9-323 against the defendant, Susan Bysiewicz, the secretary of the state, alleging that the defendant unlawfully had failed to verify that Barack Obama, the democratic nominee for the office of president of the United States for the November 4, 2008 presidential election, was a natural born citizen of the United States as required by the United States constitution..."
Applicant did not bring a complaint pursuant to Sec. 9-323. Applicant
did not rely on - or even mention - that statute in the lower court complaint
or brief. And Applicant does not rely on - or even mention - that statute in
his Connecticut Supreme Court complaint.
Moreover, Applicant could not rely on that statute because it is only applicable
to "any elector or candidate" while Applicant is a citizen voter. And while Applicant
does briefly mention Sec. 9-323 in his Supreme Court complaint brief, he does so
primarily while making reference to the lower court's grounds for dismissal. He also
mentions it in passing one time in his eleven page brief, but in no way does he rely
on it or attempt to apply it to the facts of his case:
3.6 The plaintiff asserts that Connecticut law is not explicit with respect to taking action against potential election fraud at the national level. It neither authorizes nor prohibits. In fact, it is silent on this important issue. The only statutes providing direction are 9-323, and for Federal Election Disputes, sec. 10-13, 10-14, 10-15…
Applicant, in the passage above, simply mentions Sec. 9-323 by way of making
a point that, for the most part, Connecticut law is basically silent with respect to
election fraud at the national level. But while the General Statutes are not explicit, the Constitution is, and so is the oath of office sworn by Respondent wherein she swears to uphold the Constitution.
Applicant remains perplexed as to why General Statute sec. 9-323, which is
restricted to complaints made by electors or candidates, was relied upon by both
the Connecticut Superior Court and the Chief Justice of the Connecticut Supreme
Court in dismissing his complaints, while the actual arguments he made and the
laws he did, in fact, rely upon, were completely ignored by both lower courts. For
example, the following is taken from count one of the Applicant's Connecticut
Supreme Court complaint:
Susan Bysiewicz, the Connecticut Secretary of State, is being negligent about preventing election fraud in Connecticut. Her representatives have claimed it is not her job to check for potential fraud. Evidence of fraud is substantial and clear. They have chosen to ignore the information and claim that checking the eligibility of national candidates is “not their job.” She has not followed: 1) Her oath of office, 2) Her own biographic statements about concern for election integrity, or 3) Connecticut Statute, Sec. 9-358. Connecticut Statutes, while not explicit, do imply that the Secretary of State has a duty prevent election fraud from occurring in this state, whatever the source may be.
Applicant clearly raised the issue of Respondent's oath of office. This oath
which includes a specifically prescribed duty, in her capacity as Secretary of
State and as the Commissioner of Elections in the state of Connecticut, to
uphold the Constitution of the United States. This argument will be discussed
thoroughly in Applicant's legal argument below, but Applicant raises the issue
here by way of illustration of the lower courts' failure to acknowledge the actual claims made by Applicant.
Chief Justice Rogers did correctly dismiss, in footnote 2 of her opinion, Applicant’s claim as to the applicability of Sec. 9-358 to his cause of action, but Chief Justice Rogers's opinion fails to recognize, discuss, consider or even mention Applicants genuine reliance upon General Statute Sec. 9-3. The following, wherein Applicant cites the text of General Statutes Sec. 9-3, is taken directly from paragraph 4.4 of Applicant's brief in support of his complaint in the Connecticut Supreme Court:
4.4 Sec. 9-3. Secretary to be Commissioner of Elections. Presumption concerning rulings and opinions. The Secretary of the State, by virtue of the office, shall be the Commissioner of Elections of the state, with such powers and duties relating to the conduct of elections as are prescribed by law...
Chief Justice Rogers, in her opinion, and Respondent's counsel’s in brief in
support of the motion to dismiss, failed to address, or even recognize the most
basic claim made by applicant below, that Connecticut General Statutes 9-3 as well
as Respondent's oath of office imposed a prescribed duty upon her to protect
Applicant from fraudulent candidates seeking the office of President.
Paragraph 4.5 further clarifies the point:
4.5 The bolded language in Sec. 9-3 demonstrates that the legislature fully expected the Secretary of State to act independently and proactively to address situations germane to the task of executing elections consistent with al[l] requirements of constitution and statutes.
Applicant’s brief also stated:
4.7 As the Chief of Elections, the Secretary of State is the final authority for protecting Connecticut voters from unfair elections. She has a responsibility to ensure fair and equitable elections by preventing fraud against Connecticut voters.
4.8 Eligibility is a fundamental issue that strikes at the heart of fair elections. Where the question of eligibility has become so obvious and clear, as in the case of Sen. Obama’s missing birth certificate, the Secretary of State must move to protect the voters, investigating the allegations of fraud or directing such agency as deemed proper such as the SEEC which would investigate and inform the Secretary of State of their findings.
And as to the Respondent's duties to the Electoral College, Applicant stated:
5.1 The electoral college is a state level system. For the office of President of the United States, the U.S. Constitution prescribes a system of electors where citizens of the respective state have a state controlled election wherein electors representing the interest of the candidate will vote on behalf of the state’s winning candidate in the electoral college. Thus, we do not have a federal ballot controlled by the federal government; we have a Connecticut State ballot where we elect electors who in turn represent the named individual on the ballot.
5.2 That is a significant reason why our Secretary of State has pervue over certification of not just the counts of the ballots so cast for the Office of President, but also the veracity of the system including publishing and promoting the ballot and for certifying or decertifying challenged candidates; in this case a placeholder or proxies for the candidate.
As to Applicant’s request for mandamus relief, his brief stated:
5.5 If Secretary Bysiewicz is unclear on this issue, then we ask this court to clearly explain it to her in the form of a Writ of Mandamus since she has clearly ignored prudence and the petitions of citizens.
5.6 States do not have the right to run presidential candidates that violate the eligibility standards of the U.S. Constitution. This is not their choice to make. But that is what Secretary Bysiewicz chooses to do.
5.7 The plaintiff asserts again that any FEC oversight is either broken in this regard or non-existent. Allowing an ineligible candidate on the ballot in Connecticut is an act of negligence by the Secretary of State. She has failed to provide Connecticut voters with the most basic protections against fraud. She wishes to be consistent in her negligence by neglecting to demand Sen. Obama produce his authentic birth certificate.
CONSTITUTIONAL ISSUE RAISED IN CONNECTICUT SUPREME COURT
Neither Chief Justice Rogers in her written opinion, nor Respondent's counsel, in their reply brief, attacked Applicant's core legal argument that Respondent failed to protect Applicant from fraudulent Presidential candidates who were not eligible to be President of the United States. Both Chief Justice Rogers and Respondent's counsel, while having raised the Constitutional natural born citizen issue in their respective papers, never attacked the actual arguments made by Applicant thereto:
"The plaintiff, Cort Wrotnowski, brought a complaint pursuant to General Statutes § 9-323 against the defendant, Susan Bysiewicz, the secretary of the state, alleging that the defendant unlawfully had failed to verify that Barack Obama, the democratic nominee for the office of president of the United States for the November 4, 2008 presidential election, was a natural born citizen of the United States as required by the United States constitution, article two, § 1.2"
Applicant did bring a complaint on the Constitutional grounds mentioned
above, but he did not bring that claim pursuant General Statutes 9-323. Chief
Justice Rogers (and Judge Taggart) appears to pull this statute out of thin air.
The same is true for the following:
"The Supreme Court also has held that constitutional claims are not within the ambit of General Statutes §§ 9-324,7 9-328 and 9-329a. See Scheyd v. Bezrucik, 205 Conn. 495, 506, 535 A.2d 793 (1987). When an election official has complied with existing law, but the plaintiff claims that the law is unconstitutional, ‘‘the plaintiff may well be aggrieved by the law or regulation, but he or she is not aggrieved by the election official’s rulings which are in conformity with the law.’’
Plaintiff has neither claimed that these statutes are unconstitutional, nor
has he ever relied on, or utilized, any of the above statutes throughout this
litigation. The statutes cited above apply to "electors or candidates", not
ordinary citizen voters. They are irrelevant to Applicant yet his complaint
was dismissed thereupon.
Applicant raised serious federal constitutional issues. While
these issues were addressed below, they weren't properly discussed by Respondent
or judged by Chief Justice Rogers. Regardless, as the issues were raised below,
Applicant respectfully submits that they are properly before this Honorable Court.
The Constitutional issues were alleged by Applicant throughout all stages of
this litigation and are addressed in his legal arguments to this application.
Moreover, Applicant recognizes that the stated core Constitutional (and
statutory) issues he raised below are of such great public importance that,
despite Respondent's failure to even address them below, Applicant
does not petition this Honorable Court to deem any further argument
by Respondent thereto as having been waived.
Finally, even though Chief Justice Rogers failed to address Applicant's
core constitutional issues - natural born citizen status, and the oath of office
fusion to Connecticut General Statutes Sec. 9-3 - Applicant respectfully submits
that the appellate jurisdiction of the Supreme Court cannot be defeated by
improper activity in the lower courts. Applicant relies on Ex Parte United
States, 287 U.S. 241 at 249-250 (1932), where this Honorable Court held
that the refusal of a district court to issue a warrant upon a justified
indictment had the effect of curtailing Supreme Court appellate jurisdiction.
Therefore this Court issued a writ of mandamus upon the rogue
District Court below to expedite settlement of the vital issue involved.
The same principle controls here where the lower courts fabricated a
defective cause of action out of thin air, attributed it to Applicant, and then
dismissed his case citing to the self imposed defect. At the same time, they
treated the genuine complaint as invisible, never discussing or judging it
at all. It is respectfully submitted that such conduct should neither be
allowed to defeat this Honorable Court's appellate jurisdiction nor cause
Applicant's case to become moot. The lower courts can't avoid the constitutional
issues by making believe Applicant's case could be dismissed on a statutory
basis when Applicant didn't rely on that statute and the statute, on its face,
couldn't possibly apply to Applicant or his case.
QUESTIONS PRESENTED
POINT I
DID THE LOWER COURTS ERR IN DENYING APPLICANT'S REQUEST FOR INJUNCTIVE RELIEF OR A WRIT OF MANDAMUS ORDERING RESPONDENT TO EXECUTE A LEGALLY PRESCRIBED MINISTERIAL DUTY - AS THE COMMISSIONER OF ELECTIONS - TO PROTECT APPLICANT FROM FRAUDULENT PRESIDENTIAL CANDIDATES HOLDING THE OFFICE OF PRESIDENT OF THE UNITED STATES?
RESPONDENT'S PRESCRIBED DUTY TO UPHOLD THE US CONSTITUTION
Respondent, as required by Article 6, Section 3, of the United States
Constitution swore an oath to uphold the Constitution. Article 11, Section 1,
of the Connecticut Constitution requires her to do the same. Connecticut
General Statutes Sec. 9-3 deems Respondent to be the Commissioner of Elections.
In that capacity, her oath of office is of paramount importance to the execution of
her duties:
Sec. 9-3. Secretary to be Commissioner of Elections. Presumption concerning rulings and opinions.
The Secretary of the State, by virtue of the office, shall be the Commissioner of Elections of the state, with such powers and duties relating to the conduct of elections as are prescribed by law and, unless otherwise provided by state statute, the secretary's regulations, declaratory rulings, instructions and opinions, if in written form, shall be presumed as correctly interpreting and effectuating the administration of elections and primaries under this title... (Emphasis added.)
The statute not only empowers Respondent - it commands her - as the top
official in the State's executive branch responsible for conducting elections
and as such it specifically burdens her with all duties "prescribed by law."
Her ministerial duty to uphold the Constitution of the United States is
prescribed by the highest law of the land, as well as the highest law of
Connecticut. The Supremacy Clause, Article VI, Clause 2 of the United
States Constitution, reads:
This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the authority of the United States, shall be the supreme Law of the land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.
The duties prescribed in Sec. 9-3 must be interpreted, in so far as the
election for President of the United States is concerned, in light of Article 2,
Section 1, of the Constitution:
No person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President;
Respondent's minimum standard in fulfilling her prescribed duty to uphold
the Constitution must require that she protect the electoral process in
Connecticut from candidates who are not natural born citizens. The exact
manner in which she goes about executing that duty is certainly up to her.
Applicant seeks a writ of mandamus, and/or injunctive relief, not to tell her
how to do that job, but simply to compel her to do it.
Applicant was told by counselor Ramos from Respondent's office, as to the
question of whether Respondent did anything to determine the eligibility of the
candidates, "It's not our job." Applicant put this statement in his Connecticut
Supreme Court complaint and it was not disputed in Respondent's Counsel's brief.
STANDING TO REQUEST WRIT OF MANDAMUS
Respondent's Counsel is the Connecticut Attorney General, Richard
Blumenthal. As Attorney General of Connecticut, Mr. Blumenthal
has occasion to publish official opinions as to various issues of law which
may arise in his capacity as Connecticut's executive counsel. His
opinions are codified and cited.
In, 1992 Conn. Op. Atty. Gen. (12/21/92) ( available online at
http://ct.gov/ag/cwp/view.asp?A=1770&Q=281376&pp=12&n=1 ),
Att. Gen. Blumenthal issued a well stated opinion as to the history
and proper use of writs of mandamus:
"In general, if a public official has a duty to perform a particular act and fails in the discharge of that duty, a writ of mandamus is the proper remedy for compelling performance of the act. Raslavsky v. Moore, 167 Conn. 363, 355 A.2d 272 (1974)...
There are three preconditions to the issuance of a writ of mandamus. First, the law must impose a duty on the party against whom the writ is sought and the performance of the duty must be ministerial as opposed to discretionary. Second, the party applying for the writ must have a clear legal right to have the duty performed. And third, there must be no other adequate remedy. Chamber of Commerce v. Murphy, 179 Conn. 712, 427 A.2d 866 (1980). The Connecticut Supreme Court has elaborated on the requirement that the duty be ministerial, stating that:
[M]andamus will lie even if the exercise of the duty involves discretion, so long as the existence of the duty is ministerial, and provided that the order issued does no more than require the duty to be performed, leaving the manner of its performance to the good-faith discretion of the official charged.
State ex. rel. Golembeske v. White, 168 Conn. 278, 284, 362 A.2d 1354, 1358 1975)."
As to that last paragraph, Applicant submits that Respondent's prescribed
ministerial duty to secure the electoral process from fraudulent candidates
invading Connecticut ballots would involve discretion. While Applicant did
attempt to tell Respondent how to accomplish that prescribed duty in some
paragraphs of his lower court brief, other paragraphs requested that she simply
protect the electoral process. But she didn't.
The three preconditions stated by Att. Gen. Blumenthal above have been met:
1. An exact ministerial duty is imposed upon Respondent by legal fusion of Sec. 9-3
merged to her oath of office to uphold the Constitution. In Cooper v. Aaron, 358
U.S. 1, 18 (1958), the Honorable Chief Justice Black stated:
"Every state legislator and executive and judicial officer is solemnly committed by oath taken pursuant to Art. VI, cl. 3 'to support this Constitution.' Chief Justice Taney, speaking for a unanimous Court in 1859, said that this requirement reflected the framers' 'anxiety to preserve it [the Constitution] in full force, in all its powers, and to guard against resistance to or evasion of its authority, on the part of a State. . . .' No state legislator or executive or judicial officer can war against the Constitution without violating his undertaking to support it."
Respondent's oath of office to uphold the Constitution has force of law. It
cannot be discharged by a phone call saying, "It's not our job" to protect voters
from constitutionally disqualified candidates. And Sec. 9-3 reinforces the
certainty of this duty. And while the statute provides a presumption of
correctness as to Respondent's "regulations, declaratory rulings, instructions
and opinions, if in written form", it provides no such presumption for inaction
related to duties she has failed to perform.
Furthermore, it is well established precedent that a state has a great interest
in securing the integrity of the electoral process. "Confidence in the integrity
of our electoral process is essential to the functioning of our participatory
democracy." Purcell, supra at 4.
"A State has an interest, if not a duty, to protect the integrity of its political processes from frivolous or fraudulent candidacies." Jenness v. Fortson, 403 U.S. 431, at 442 (1971). "It is clear that preservation of the integrity of the electoral process is a legitimate and valid state goal." Rosario v. Rockefeller, 410 U.S. 752, 761 (1973); Bullock v. Carter, 405 U.S. 134, 145 (1972).
2. Applicant had a clear legal right to have the duty performed. The duty
is meant to protect applicant from seeing his vote voided by a fraudulent
candidate, and the duty also protects Applicant from being governed by a
President who is not constitutionally eligible. In Bush v, Gore, 531
U.S. 98, 104 (2000), this Honorable Court stated:
"When the state legislature vests the right to vote for President in its people, the right to vote as the legislature has prescribed is fundamental; and one source of its fundamental nature lies in the equal weight accorded to each vote and the equal dignity owed to each voter." Bush v. Gore, 531 U.S 5, 6 (2000).
Although Chief Justice Rogers didn't discuss whether Applicant had
standing outside of her Honor's mistaken reliance on Sec. 9-323,
Respondent's counsel did raise the issue in their brief, arguing that
Applicant had neither statutory standing nor classical standing.
Applicant disagrees. He had statutory standing under Sec. 9-3
since Respondent owed him the protective "duties relating to the conduct
of elections as are prescribed by law" which were discussed above.
But Applicant also has standing to request a writ of mandamus
as the three requirements listed in Att. Gen. Blumenthal's opinion have
been satisfied. In Chamber of Commerce of greater Waterbury v. Eugene
v. Murphy, 179 Conn. 712 (1980), the plaintiff there was an ordinary
property owner and taxpayer who sought to compel, by writ of mandamus,
the public assessor to do a land assessment for all of Waterbury that
was due every ten years. Plaintiff in that case was simply a member of
the community of Waterbury property owners. He had no special reason to
sue different than the rest of the community at large, but the Connecticut
Supreme Court held that he had a clear legal right to have the duty
performed. That decision also reiterated:
" '[M]andamus will lie even if the exercise of the duty involves discretion, so long as existence of the duty is ministerial, and provided that the order issued does no more than require the duty to be performed, leaving the manner of its performance to the good-faith discretion of the official charged.' (Emphasis added.) State ex rel. Golembeske v. White, 168 Conn. 278, 284, 362 A.2d 1354; see State v. Erickson, 104 Conn. 542, 545-46, 133 A. 683." Id. at 718-719.
3. There was no other adequate remedy available. Applicant had no other
option but to bring this action against Respondent to compel her to fulfill
her electoral policing duties. While Respondent's counsel insists in their
brief that the issue of Presidential eligibility is one best left for Congress
under the 20th Amendment, Applicant respectfully submits that the 20th
Amendment only takes effect once their is a President-elect chosen by
the Electoral College.
Applicant's cause of action is therefore proper in that it seeks to pre-empt
an ineligible candidate from being chosen by the Electoral College.
Furthermore, neither the House of Representatives nor the Senate
has shown any willingness to protect applicant from ineligible candidates
holding the office of President.
CONCLUSION
For all of the foregoing reasons, Applicant respectfully requests that this
Honorable Court find that applicant has standing to bring this action; that the Respondent has prescribed legal duty to protect Applicant from ineligible Presidential candidates; that the lower courts erred in not ordering the
Respondent to verify said eligibility; and Order to do so forthwith.
POINT II
IS PRESIDENTIAL CANDIDATE BARACK OBAMA INELIGIBLE TO HOLD THE OFFICE OF PRESIDENT FOR FAILING TO MEET THE CONSTITUTIONAL REQUIRMENT OF BEING A NATURAL BORN CITIZEN?
No person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President;
By this clause, the Framers established two strict sets of citizens
eligible to be President. It is respectfully submitted that discovering
the intended distinction is the primary issue now before this Honorable
Court.
The grandfather clause allowed all those who were citizens of the
United States "at the time of the adoption of this Constitution” to be
President. Nobody alive today can claim Presidential eligibility
thereunder. And it's clear that the Framers sought to exclude those
same classes of citizens from being President in future generations
by reducing the field of eligible people to only natural born citizens once
the grandfather clause had run its course..
The Framers probably didn't consider themselves to be natural born
citizens as they were, for the most part, British subjects at the time of
their birth. Considering they had recently fought a difficult war to rid
themselves of the British monarchy, it doesn't seem likely they intended
that those born subject to the British monarchy would be eligible to hold
the office of President.
Barack Obama, at birth, was both a British citizen as well as a United
States citizen. And like the Framers, Applicant respectfully submits that he
is not a "natural born Citizen", but rather a "native born Citizen" (if it be
established that he was actually born in Hawaii.).
Article 1, Section 2, provides that Representatives must be seven years
a "Citizen" while the Senate requires nine. Again, what distinction have the
Framers drawn here between "Citizens" and "natural born Citizens"?
In 1790, Congress sought to expand the pool of natural born Citizens.
The Naturalization Act of 1790 was the only Congressional legislation
which has ever attempted to confer "natural born citizen" status. The
relevant portion reads as follows:
"...the children of citizens of the United States that may be born beyond Sea, or out of the limits of the United States, shall be considered as natural born Citizens..."
However, the Naturalization Act of 1795 specifically repealed the act of
1790 and replaced it with virtually the same clause as that of 1790, except
the words "natural born" were deleted and have never been replaced by
Congress. The 1795 act reads as follows:
"the children of citizens of the United States born out of the limits and jurisdiction of the United States, shall be considered as citizens of the United States."
So Congress effectively kept the part of that clause which granted
citizenship, but repealed the words "natural born" from that level of
citizenship. Congress never again attempted to legislate a definition
of "natural born citizen.
Congress and the several states had their chance to expand the pool
of "natural born Citizens" with the 14th Amendment. Had they sought
to avenge their prior attempt in 1790 to expand the pool of natural born
Citizens, a Constitutional amendment would have been the perfect chance
for them to have done so. But they didn't. The 14th Amendment only confers
the status of Citizen, and only to those born under the jurisdiction of the
United States.
Since the Constitution, from its very genesis, has distinguished between
"natural born Citizens" and other "Citizens" in Article 2, Section 1, as well
as Article 1, Section 2, "Citizen" status under the 14th Amendment also must
be distinguished from that of "natural born Citizens." And it is the burden
of those seeking an implication to prove otherwise. The plain meaning and
spelling of the word "Citizen" in the 14th Amendment evidences the same
status as is used to set the requirements for those wishing to become
Representatives or Senators, as well as those who were "Citizens at the
time of the adoption" of the Constitution.
It is respectfully submitted that the Framers, in their wisdom, sought
to restrict the office of President to those Citizens who had a slightly
closer bond to the United States. And if history is any guide, other than
those Presidents who were eligible to that office via the Article 2, Section 1,
grandfather clause, it does not appear that the United States has ever had
a President who wasn't born in the United States to parents who were both
United States citizens. There have been Presidents who had one parent
born abroad, but as far as Applicant has been able to verify, in each
of those cases, the alien parent had become a Citizen prior to giving birth
to their child who later became President.
NATURAL BORN STATUS OF PRESIDENTIAL CANDIDATE AT BIRTH
Since Article 2, Section 1, Clause 5, limits itself to a status available at
birth - as evidenced by its use of the words "natural born Citizen" - Applicant
respectfully submits that Barack Obama, having been a British citizen (as well
as a United States citizen), at birth, can never cure the presidential defect.
Article 2, Section 1, Clause 5, eligibility is set at birth, not at the time the
proposed candidate is running for office.
DUAL NATIONALITIES
It is respectfully submitted that the Framers sought to exclude dual
national Citizens from holding the office of President since having dual
nationalities, at birth, would help create the conditions whereby a future
President might take the office with a competing loyalty to another nation.
And at the time of the adoption of the Constitution, the Framers would have
been particularly wary of the British monarchy calling for some degree of
loyalty by the Commander in chief.
As to the problems associated with dual nationalities, the U.S. Department
of State Foreign Affairs Manual at 7 FAM 081 states:
"e. U.S. Policy on Dual Nationality: While recognizing the existence of dual nationality, the U.S. Government does not encourage it as a matter of policy because of the problems it may cause. Dual nationality may hamper efforts by the U.S. Government to provide diplomatic and consular protection to individuals overseas. When a U.S. citizen is in the other country of their dual nationality, that country has a predominant claim on the person. A foreign country might claim you as a citizen of that country if (a) you were born there; (b) your parent or parents (and sometimes grandparents) are or were citizens of that country or (c) you are a naturalized U.S. citizen but are still considered a citizen under that country's laws. (The oath you take when you are naturalized as a U.S. citizen (8 CFR 337.1) doesn’t mean the foreign country does not still regard you as a citizen of that country.)"
And at 7 FAM 082 it states:
"Current U.S. nationality laws do not explicitly address dual nationality, but the U.S. Supreme Court has stated that dual nationality is a 'status long recognized in the law' and that 'a person may have and exercise rights of nationality in two countries and be subject to the responsibilities of both.' See Kawakita v. United States, 343 U.S. 717 (1952)."
NATURAL BORN CITIZEN V. NATIVE BORN CITIZEN
In United States v. Wong Kim Ark, 169 U.S. 649 (1898), this Honorable
Court held that a child born in the United States, of parents of Chinese
descent, who, at the time of his birth, were subjects of the Emperor of
China, but had a permanent domicile and residence in the United States,
was, at the time of his birth, a citizen of the United States, by virtue of the
first clause of the Fourteenth Amendment of the Constitution.
That case also engaged in a thorough discussion of the history of
citizenship in as much as the United States has been influenced by the
English common law. Indeed, the opinion in that case is a dissertation
on citizenship wherein it was discussed that "natural born subjects" of the
King were person's born in the King's land. But despite the exhaustive
undertaking of that opinion, and the careful deconstruction of British
and United States common law, the Honorable Justice Gray comes to the
conclusion that those born in the United States are "native born" citizens.
And for well over 200 years this phrase "natural born Citizen" has
continued to remain elusive. The Framers were very aware of the common
law but the weight of evidence is against the term "natural born Citizen"
being equal to "natural born subject". If one returns to the pre-Amendment
initial Constitution, the most compelling evidence available that "natural
born Citizen" status - as it pertains to Presidential eligibility - was intended to
restrict rather than enlarge the pool of possible Presidents can be found in
the grandfather clause and the requirements to be a Representative or Senator.
THAT WHICH IS NATURAL IS SELF EVIDENT.
It is common parlance to say that one has a natural born right to
something. Being that one has the natural right to it,
there is no need for a statute to confer it. The absence of statutory
use of this term "natural born citizen" for 200 years witnesses to the
truth of this interpretation. Because statutory grants of citizenship
confer citizenship when there is some defect to or absence of the claim
of a natural right. Indeed every statutory grant of citizenship, excepting
naturalization of a foreign born foreigner, is a certain sort of sanation
of the defect which bases its title of justice to confer the rights of citizenship
on the partial right the person already has. Thus the very requirement
in the minds of some that the phrase be previously defined in law for it
to have a clear meaning is itself a testimony to their misunderstanding
of its authentic meaning.
Throughout the writings of the Founders there is a constant reference
to the natural right to do this or that, whether regarding expatriation,
freedom of taxation, self determination etc.. It would be historical to
confer a meaning on "natural born citizen" which conforms to statutory
definitions. Indeed to expand on its meaning apart from a Constitutional
amendment - which opportunity was present in the past, but rejected - would
alter the contract of the sovereign people with the government and violate
the fundamental norms upon which they have conferred authority on the
government and the court to exercise their appropriate powers.
CONCLUSION
For all of the foregoing reasons, it is respectfully submitted that a natural born
Citizen – as required by Article 2, Section 1, Clause 5, of the Constitution of the
United States - is a person born in the United States to parents who are both
citizens of the United States, and as such Barack Obama would not be eligible to be
president.
IS JOHN McCAIN A NATURAL BORN CITIZEN?
Having been born in Panama, Applicant respectfully submits
that John McCain is not a natural born citizen. The United States
Department of State's Foreign Affairs Manual at 7FAM1116.1-4(c) states:
"Despite widespread popular belief, U.S. military installations abroad and U.S. diplomatic facilities are not part of the United States within the meaning of the 14th Amendment. A child born on the premises of such a facility is not subject to U.S. jurisdiction and does not acquire U.S. citizenship by reason of birth."
CONCLUSION
For all of the foregoing reasons, it is respectfully submitted that a natural born
Citizen – as required by Article 2, Section 1, Clause 5, of the Constitution of the
United States - is a person born in the United States to parents who are both
citizens of the United States, and as such Barack Obama would not be eligible to be
president.
“I hereby certify that the foregoing statements made by me are true. I am aware that if any of the foregoing statements made by me are willfully false, I am subject to punishment.”
___________________________, November 25, 2008
Cort Wrotnowski, Pro Se
....................................................................................
Story Reports this is the most important Supreme Court Case In the Nations History. If the Justices grant a hearing on this case it could lead to Obama being disqualified as a candidate. It is obvious to me and anyone who will take the time to understand article 2 of the US Constitution it reveals Obama must be a natural born citizen to be president. Obama has admitted on his web site fight the smears and in his book and audio tape that he was a citizen of kenya until age 21. This is proof positive he was a dual citizen at birth. Its simple to understand. A dual citizen at birth cannot be a US president as article 2 of the US Constitution has clearly stated. Its is also obvious to me Obama is a fraud because he has told the American public he is just a citizen now and not a dual citizen as before his age of 21.
Is he just a citizen and not a dual citizen? If this is true it makes no difference as the US Constitution is only concerned with a persons status at birth as a natural born citizen.
The only thing "natural" about Obama is he is a natural born LIAR!
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