ALABAMA SUPREME COURT: Constitution Unenforceable

May 11, 2015 – usa.rightwingamerica.com posted an article titled “State Supreme Court Chief Justice Publishes Bombshell – Opinion on Obama’s Birth Certificate” The article states the following:

The chief justice of the Alabama Supreme Court made headlines last week with a dissenting opinion in a case that dealt with President Barack Obama’s birth  certificate — and you can imagine the left was somewhat uneasy.

The case, which dealt with Alabama’s obligation to verify birth certificates, was decided 7-to-2 against Alabama needing to certify whether a candidate was eligible see comment1.

However, in his dissenting opinion, Chief Justice Roy Moore said that the state of Alabama had every right to examine whether the president would be eligible to run.

“The complaint alleged that the Secretary of State failed to perform a constitutional duty to verify the eligibility of all presidential candidates appearing on the ballot in the 2012 general election,” see comment2 Moore wrote in his opinion.

The official opinion, offered by Judge Mike Bolin, argued that Alabama’s secretary of state had no power to investigate the background of presidential candidates. see comment3

According to Bolin, the secretary of state is “a non-judicial office without subpoena power or investigative authority or the personnel necessary to undertake a duty to investigate a non-resident candidate’s qualifications, even if such a duty could properly be implied.” see comment4

Moore, however, strongly disagreed.

“A state law that required birth certificates from presidential candidates as a precondition to placement on the ballot would likely pass muster under federal preemption law,” Moore wrote.

“Such a law would not conflict with the Constitution, but would rather harmonize with the natural-born-citizen clause.”

Moore also said that “an executive officer of the State of Alabama … has an affirmative legal duty to recognize and support the United States Constitution as the supreme law of the land.” see comment5 (H/T Western Journalism)

While the case was a victory for Obama, Moore’s opinion makes a strong case for the right of states to proactively investigate the credentials of presidential candidates, especially if a state were to pass such a law.

All that means that maybe next time, we’ll get to see the long form.

http://usa.rightwingamerica.com/index.php/topic,12627.msg64789.html?PHPSESSID=677gd861ssdrsd5k3s6ck851b4#msg64789

COMMENTS FROM THE AMERICAN RESISTANCE PARTY:

comment1 Seven of the Alabama Supreme Court Justices have bowed to Marxist principals. They have agreed with the Marxist California Justices that only the Communist party of California (aka Democrat National Committee) have the authority to say who runs for office and who does NOT run.

comment2 Here Justice Moore acknowledges that the entire matter was a CONSTITUTIONAL issue which according to the U.S. Constitution means that ANY SUPREME COURT IN THE LAND has the authority to accept Art III Constitutional issues.

comment3 The jackass Marxist judge Mike Bolin again cowers to the Marxist Democrat/Communist Party in stating that no constitutional issue be brought into the Alabama Supreme Court.

comment4 Again, the commie-rat Bolin lies and does not acknowledge that the State of Alabama has a Attorney General whose duty it is to insure that the Constitution is enforced and complied with. Instead the Alabama Attorney General was sitting in court defending an unconstitution African born Muslim NON-U.S. CITIZEN usurper. Bolin is a domestic traitor to the Constitution.

comment5 Ditto!

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