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Hillary's eligibility challenged in Supreme Court - 2/10/2010 2:18:09 PM   
Brain


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The workaround isn't authorized but neither is it unauthorized. This case should be dismissed but who knows what these right wing activist judges who legislate from the bench will do?

Hillary's eligibility challenged in Supreme Court

A brief filed with the U.S. Supreme Court by Judicial Watch, which investigates and prosecutes government corruption, questions whether members of the "political branches of the government" can "evade the clear and precise language of a provision of the Constitution through the use of a legislative 'fix.'"

The dispute is over former Sen. Hillary Clinton's eligibility to be secretary of state.

http://www.wnd.com/index.php?fa=PAGE.view
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RE: Hillary's eligibility challenged in Supreme Court - 2/10/2010 2:20:02 PM   
housesub4you


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wasn't that tried already before?  

(in reply to Brain)
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RE: Hillary's eligibility challenged in Supreme Court - 2/10/2010 2:32:55 PM   
mnottertail


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she got a pay cut to before her second senate term, ie, when she was not a senator.

it aint gonna fly. and the Saxe fix or whatever has been there for a hundred years.

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RE: Hillary's eligibility challenged in Supreme Court - 2/10/2010 2:37:42 PM   
tazzygirl


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And we come to the crux of the case...

quote:

A special three-judge panel of the U.S. District Court for the District of Columbia dismissed the case, concluding Rodearmel lacked standing.

But Judicial Watch has argued Rodearmel cannot be forced to serve under the former senator as it would violate the oath he took as a Foreign Service Officer in 1991 to "support and defend" and "bear true faith and allegiance" to the U.S. Constitution.

"Our client's goal is to vindicate the U.S. Constitution," said Judicial Watch President Tom Fitton. "The Constitution clearly prohibits Hillary Clinton from serving as secretary of state until 2013. We hope the Supreme Court assumes jurisdiction over this matter and puts a stop to this attempt to do an end-run around the Constitution."


http://www.wnd.com/index.php?fa=PAGE.view&pageId=124614

Now, according to the Article cited...

quote:

Section 6.
The Senators and Representatives shall receive a compensation for their services, to be ascertained by law, and paid out of the treasury of the United States. They shall in all cases, except treason, felony and breach of the peace, be privileged from arrest during their attendance at the session of their respective Houses, and in going to and returning from the same; and for any speech or debate in either House, they shall not be questioned in any other place.

No Senator or Representative shall, during the time for which he was elected, be appointed to any civil office under the authority of the United States, which shall have been created, or the emoluments whereof shall have been increased during such time: and no person holding any office under the United States, shall be a member of either House during his continuance in office.


http://topics.law.cornell.edu/constitution/articlei

A. The Ineligibility Clause and the
Appointment of Mrs. Clinton.
On January 21, 2009, Hillary Rodham Clinton
was sworn in as U.S. Secretary of State. Prior to this,
Mrs. Clinton served as a U.S. Senator from the State
of New York, re-elected to a second, six-year term in
November 2006. Her second term began in January
2007 and does not expire until January 2013. During
Mrs. Clinton’s second term in the U.S. Senate, the
compensation paid to the U.S. Secretary of State
increased three times by Executive Order: (i) by
Executive Order 13420, issued December 21, 2006, the
U.S. Secretary of State’s salary was increased to
$186,600, effective on or after January 1, 2007; (ii) by
Executive Order 13454, issued January 4, 2008, the
U.S. Secretary of State’s salary was increased to
$191,300, effective on or after January 1, 2008; and
(iii) by Executive Order 13483, issued on December 18,
2008, the U.S. Secretary of State’s salary was
increased to $196,700, effective on or after January 1,
2009.

http://www.judicialwatch.org/files/documents/2010/rodearmel-v-clinton-jurisdictionalstatement-01062010.pdf

And here i thought the Senate and House voted these increases. Clinton was running for President. I dont think she had it in mind to become Secretary of State. She didnt vote that office a pay raise. I dont see what the big deal is.

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RE: Hillary's eligibility challenged in Supreme Court - 2/10/2010 5:44:06 PM   
DarkSteven


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quote:

ORIGINAL: housesub4you

wasn't that tried already before?  


The cited article doesn't give any dates for the motion.  It could be a rehash of the old case, made to look like it's current.



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The small-breasted ones want larger breasts. The large-breasted ones want smaller ones. The straight-haired ones curl their hair, and the curly-haired ones straighten theirs...

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RE: Hillary's eligibility challenged in Supreme Court - 2/10/2010 5:46:32 PM   
Jeffff


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I want to see her birth certificate!



NWODom

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RE: Hillary's eligibility challenged in Supreme Court - 2/10/2010 5:48:43 PM   
DomKen


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This issue is long settled. A large number of congressmen have served in executive branch positions by the same method as Clinton is doing. The lawsuit was filed out of animus to HRC and if the SCOTUS declares her ineligible it will almost certainly be the last straw in the SCOTUS's credibility. It would robably result in a serious move to expand the court by 2 seats


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RE: Hillary's eligibility challenged in Supreme Court - 2/10/2010 5:48:59 PM   
tazzygirl


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According to the JW web site, the Supreme Court document was filed December, 2009.

http://www.judicialwatch.org/files/documents/2010/rodearmel-v-clinton-jurisdictionalstatement-01062010.pdf

_____________________________

Telling me to take Midol wont help your butthurt.
RIP, my demon-child 5-16-11
Duchess of Dissent 1
Dont judge me because I sin differently than you.
If you want it sugar coated, dont ask me what i think! It would violate TOS.

(in reply to DarkSteven)
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RE: Hillary's eligibility challenged in Supreme Court - 2/10/2010 5:56:13 PM   
rulemylife


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I want to see her birth certificate.

Have you seen it?  Has anyone?

What is she hiding?




Edited to add:

Damn it Jeffff, this is the second time tonight someone has beaten me to the punchline.  First Lucy on another thread and now you.

Then again, maybe I should read the whole thing first.




< Message edited by rulemylife -- 2/10/2010 6:05:25 PM >

(in reply to Brain)
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RE: Hillary's eligibility challenged in Supreme Court - 2/10/2010 6:05:41 PM   
GotSteel


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I got to "Obama watch central" and stopped reading.

(in reply to rulemylife)
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