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COA: Obama, McCain eligible to be president

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More than a year after the 2008 presidential election, the Indiana Court of Appeals ruled that Sens. John McCain and Barack Obama were eligible to run for the office.

Steve Ankeny and Bill Kruse pro se filed the suit against Gov. Mitch Daniels, Ankeny and Kruse v. Governor of the State of Indiana, No. 49A02-0904-CV-353, claiming the governor had a duty to determine a person's eligibility to become president because he issues a "certificate of ascertainment," which lists the electors chosen, other candidates, number of votes received, and other information; and because he appoints members of Indiana's electoral college. They argued the governor didn't comply with this duty because Obama and McCain weren't eligible under the federal Constitution's clause that says no U.S. senator currently holding that office shall be appointed elector for any state. They also believed neither candidate was eligible for the office because they weren't "born naturally within any Article IV State of the 50 United States of America."

The Marion Superior Court granted the governor's motion to dismiss the suit under Indiana Trial Rule 12(B)(6).

"Initially, we note that the Plaintiffs do not cite to any authority recognizing that the Governor has a duty to determine the eligibility of a party's nominee for the presidency," wrote Judge Elaine Brown. "The Plaintiffs do not cite to authority, nor do they develop a cogent legal argument stating that a certificate of ascertainment has any relation to the eligibility of the candidates."

The plaintiffs argued because Obama and McCain were U.S. senators on Election Day, they were constitutionally ineligible to be appointed as presidential elector.

"The fact that the names 'Barack Obama' and 'John McCain' are the ones that appeared on the ballot does not change the fact that they were in fact candidates for the presidency, not any of Indiana's electors," she wrote.

The appellate court then used centuries-old caselaw to rule Obama is a "natural born citizen" as required to qualify to be president. Ankeny and Kruse complained that the senators weren't natural born citizens and the governor shouldn't have been able to issue any certificate of ascertainment. The Court of Appeals focused on Obama because the plaintiffs didn't develop a cogent legal argument pertaining to McCain. Ankeny and Kruse claimed because Obama's father was a citizen of the United Kingdom, he is constitutionally ineligible to be president.

Based on the language of Article II, Section 1, Clause 4 and the guidance provided in U.S. v. Wong Kim Ark, 169 U.S. 649, 18 S. Ct. 456 (1898), the Court of Appeals ruled that people born within the borders of the U.S. are "natural born citizens" for Article II, Section 1 purposes, regardless of the citizenship of their parents.

Judge Brown noted in a footnote that nothing in the opinion today should be understood to hold that being born within the 50 states is the only way one can receive natural born citizen status. She also noted that the 21st president, Chester A. Arthur, also was born of parents with different citizenships; his mother was a U.S. citizen and his father was Irish.

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  1. Just an aside, but regardless of the outcome, I 'm proud of Judge William Hughes. He was the original magistrate on the Home place issue. He ruled for Home Place, and was primaried by Brainard for it. Their tool Poindexter failed to unseat Hughes, who won support for his honesty and courage throughout the county, and he was reelected Judge of Hamilton County's Superior Court. You can still stand for something and survive. Thanks, Judge Hughes!

  2. CCHP's real accomplishment is the 2015 law signed by Gov Pence that basically outlaws any annexation that is forced where a 65% majority of landowners in the affected area disagree. Regardless of whether HP wins or loses, the citizens of Indiana will not have another fiasco like this. The law Gov Pence signed is a direct result of this malgovernance.

  3. I gave tempparry guardship to a friend of my granddaughter in 2012. I went to prison. I had custody. My daughter went to prison to. We are out. My daughter gave me custody but can get her back. She was not order to give me custody . but now we want granddaughter back from friend. She's 14 now. What rights do we have

  4. This sure is not what most who value good governance consider the Rule of Law to entail: "In a letter dated March 2, which Brizzi forwarded to IBJ, the commission dismissed the grievance “on grounds that there is not reasonable cause to believe that you are guilty of misconduct.”" Yet two month later reasonable cause does exist? (Or is the commission forging ahead, the need for reasonable belief be damned? -- A seeming violation of the Rules of Profession Ethics on the part of the commission) Could the rule of law theory cause one to believe that an explanation is in order? Could it be that Hoosier attorneys live under Imperial Law (which is also a t-word that rhymes with infamy) in which the Platonic guardians can do no wrong and never owe the plebeian class any explanation for their powerful actions. (Might makes it right?) Could this be a case of politics directing the commission, as celebrated IU Mauer Professor (the late) Patrick Baude warned was happening 20 years ago in his controversial (whisteblowing) ethics lecture on a quite similar topic: http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1498&context=ilj

  5. I have a case presently pending cert review before the SCOTUS that reveals just how Indiana regulates the bar. I have been denied licensure for life for holding the wrong views and questioning the grand inquisitors as to their duties as to state and federal constitutional due process. True story: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS Shorter, Amici brief serving to frame issue as misuse of govt licensure: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners

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