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The Vermont Court Errs in Dismissing Presidential Ballot Challenge H. Brooke Paige v. Barack Obama
Natural Born Citizen - A Place to Ask Questions and Get the Right Answers
Mario Apuzzo, Esq.
11/17/2012
Excerpt:
Judge Robert R. Bent, Presiding Judge of the Vermont Superior Court, on November 14, 2012 dismissed the candidate Barack Obama Vermont ballot challenge of Paige v. Obama, Docket No. 611-8-12. He ruled that H. Brooke Paige does not have standing to bring the action, the court does not have jurisdiction, and his argument on the meaning of a “natural born Citizen” has no merit. The decision can be read at http://www.scribd.com/doc/113533939/...er-Ct-Nov-2012 .
Mr. Paige filed his ballot challenge against both candidate Barack Obama and the Vermont Secretary of State, arguing that Obama should not be allowed on any presidential election ballot in Vermont because, being born to a U.S. “citizen” mother, but not also to a U.S. “citizen” father, he is not an Article II “natural born Citizen.”
As to standing, Judge Bent ruled that Vermont has adopted the federal rule on standing which requires a litigant to satisfy both the requirements of Article III and its related prudential component. He explained that standing requires a litigant to show injury in fact, causation, and redressability. He concluded that Paige has not shown injury in fact. But Barack Obama has again won the general election. He now stands to win the Electoral College vote. Paige has adequately shown that his life, liberty, and property can be particularly injured by having to live under the authority and power of a person who may occupy the Office of President and Commander in Chief of the Military who may not be constitutionally eligible to be there in the first place for not being a “natural born Citizen.” Mr. Paige has adequately shown that the Founders and Framers required future presidents to be “natural born Citizens” to protect and preserve the nation. Hence, the clause is a national security measure designed to assure the safety of the nation. Needless to say, the “natural born Citizen” clause is intended to protect and preserve Mr. Paige and to provide for his safety and well-being. That the clause protects all Americans is no reason to deny Mr. Paige its protection in a legal action in which he seeks to have the courts enforce the clause.
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View the complete article at:
http://puzo1.blogspot.com/2012/11/th...ismissing.html
Natural Born Citizen - A Place to Ask Questions and Get the Right Answers
Mario Apuzzo, Esq.
11/17/2012
Excerpt:
Judge Robert R. Bent, Presiding Judge of the Vermont Superior Court, on November 14, 2012 dismissed the candidate Barack Obama Vermont ballot challenge of Paige v. Obama, Docket No. 611-8-12. He ruled that H. Brooke Paige does not have standing to bring the action, the court does not have jurisdiction, and his argument on the meaning of a “natural born Citizen” has no merit. The decision can be read at http://www.scribd.com/doc/113533939/...er-Ct-Nov-2012 .
Mr. Paige filed his ballot challenge against both candidate Barack Obama and the Vermont Secretary of State, arguing that Obama should not be allowed on any presidential election ballot in Vermont because, being born to a U.S. “citizen” mother, but not also to a U.S. “citizen” father, he is not an Article II “natural born Citizen.”
I.
As to standing, Judge Bent ruled that Vermont has adopted the federal rule on standing which requires a litigant to satisfy both the requirements of Article III and its related prudential component. He explained that standing requires a litigant to show injury in fact, causation, and redressability. He concluded that Paige has not shown injury in fact. But Barack Obama has again won the general election. He now stands to win the Electoral College vote. Paige has adequately shown that his life, liberty, and property can be particularly injured by having to live under the authority and power of a person who may occupy the Office of President and Commander in Chief of the Military who may not be constitutionally eligible to be there in the first place for not being a “natural born Citizen.” Mr. Paige has adequately shown that the Founders and Framers required future presidents to be “natural born Citizens” to protect and preserve the nation. Hence, the clause is a national security measure designed to assure the safety of the nation. Needless to say, the “natural born Citizen” clause is intended to protect and preserve Mr. Paige and to provide for his safety and well-being. That the clause protects all Americans is no reason to deny Mr. Paige its protection in a legal action in which he seeks to have the courts enforce the clause.
...............................................
View the complete article at:
http://puzo1.blogspot.com/2012/11/th...ismissing.html
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