Freedoms Will Be At Risk Under President Obama
Freedoms Will Be At Risk Under President Obama
Why Obama birth certificate story won't die
By Cynthia Dunbar - 11/2/2008 - Originally at Christian Worldview Network. Removed from internet 11/08/08
Can we truly even imagine an America under an Obama Administration? I sincerely believe that an Obama Administration would ultimately mean one thing…the end of America as we know her. First, I cannot understand how we can potentially elect a man who most likely has violated the Constitution in his very attempt to serve as Commander and Chief. “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;” U.S. Constitution, Article II, Section I
If Obama were a natural born citizen who never lost his citizenship through his adoption while living in Indonesia, then why does he obstinately refuse to present valid documentation? The fact that a Federal Court Judge did nothing should not surprise any of us. After all, we know all too well the attack this great Country undergoes on a daily basis from our own militant leftist Judicial Branch. Can you imagine how much worse this will get with Obama appointees?
There is one glimmer of hope in all of this. There is a difference between a voidable contract and one that is simply void. A voidable contract is able to be ratified whereas a void contract is void at its inception and cannot be cured at any point. If in fact Obama is not constitutionally eligible to be President, this is not something he can ever cure. His election, his swearing in and oath of office, his service of 3 days, 3 months, 3 years does not ever truly convey to him the authority of President of the United States. It is void at its inception and, as such, is open to a valid legal attack at any time.
So we can imagine the blatant disregard for our Constitution, but what other threats does an Obama administration pose? We have been clearly warned by his running mate, Joe Biden, that America will suffer some form of attack within the first 6 months of Obama’s administration. However, unlike Joe, I do not believe this “attack” will be a test of Obama’s mettle. Rather, I perceive it will be a planned effort by those with whom Obama truly sympathizes to take down the America that is threat to tyranny. What nobody seems to be discussing is the fact that if such an attack takes place, what about Martial Law? What happens to expand executive power when a state of civil disorder is declared?
Supreme Court Justice Holmes in the unanimous decision of Moyer v. Peabody, stated the following:
“…[I]t is familiar that what is due process of law depends on circumstances. It varies with the subject matter and the necessities of the situation…. In such a situation we must assume that he had a right under the … constitution and laws to call out troops…. That means that he shall make the ordinary use of the soldiers to that end; that he may kill persons who resist and, of course, that he may use the milder measure of seizing the bodies of those whom he considers to stand in the way of restoring peace. Such arrests are not necessarily for punishment, but are by way of precaution to prevent the exercise of hostile power. So long as such arrests are made in good faith and in the honest belief that they are needed in order to head the insurrection off, the [Executive] is the final judge and cannot be subjected to an action after he is out of office on the ground for his belief. . . When it comes to a decision by the head of the State upon a matter involving its life, the ordinary rights of individuals must yield to what he deems the necessities of the moment. Public danger warrants the substitution of executive process for judicial process.”
Granted, this is not the same position that was taken by the Court in ex parte Milligan (71 US 2 [1866]). That Court resoundingly said, “Martial law … destroys every guarantee of the Constitution.” Reminding Americans of similar actions that had been taken by the King of Great Britain, which in turn were part of the basis for the Revolution, the courts stated, “Civil liberty and this kind of martial law cannot endure together; the antagonism is irreconcilable; and, in the conflict, one or the other must perish.”
Factually, such militaristic rule is to be established by the Legislative Branch. “The Congress shall have Power To … provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions;” U.S. Constitution Article 1, Section 8 However, the Constitution further states that the President, “…shall from time to time give to the Congress Information on the State of the Union, and recommend to their Consideration such Measures as he shall judge necessary and expedient;” Article II, Section 3 Should the Senate and the House be under Democratic control and Obama comes to them advising of a threat to our Nation, is there any doubt that Obama will have his way? Additionally, since we’ve clearly seen that Obama appears to have no respect for the Constitution itself, why should we expect that if elected, all of a sudden he will try to comply with its restraints?
I fear for our great nation and her potential demise should we as Americans elect Sen. Obama. I shall take no joy in saying “I told you so” if Obama gets elected. But just for the record, remember, “I told you so.”
Cynthia Noland Dunbar, Esq. has been a licensed, practicing attorney for over 17 years and has dedicated much of her practice to the area of appellate law. She has studied and researched the law on numerous Constitutional and Common Law issues that framed our nation. A graduate of Regent University Law, she was the founding editor of the Regent University Law Review. She regularly speaks on constitutional, pro-life, conservative and legislative issues, and avidly defends our nation’s identity. She recently released her book One Nation Under God: How the Left Is Trying to Erase What Made Us Great