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Friday, March 21, 2014

Breaking: Judge rules on Obama eligibility -- 7-2 majority in state's high court announces decision on constitutional question -- By Bob Unruh, WND



One of the last remaining court battles over Barack Obama’s presidential eligibility has gone down in flames in a 7-2 decision by the Alabama Supreme Court to render “no opinion.

However, the dissenting minority of Justice Tom Parker and Chief Justice Roy Moore concluded the case has serious constitutional significance, warranting an investigation of the qualifications of 2012 presidential candidates by Alabama’s secretary of state.

Moore wrote in his dissent that the circuit court should have granted the plaintiffs’ request to order the state secretary of state “to implement the natural-born-citizen requirement of the presidential-qualifications clause in future elections.”

“Although the removal of a president-elect or a president who has taken the oath of office is within the breast of Congress, the determination of the eligibility of the 2012 presidential candidates before the casting of the electoral votes is a state function,” Moore argued.

He said the case was of “great constitutional significance in regard to the highest office in our land.”

“Should he who was elected to the presidency be determined to be ineligible, the remedy of impeachment is available through the United States Congress, and the plaintiffs in this case, (Hugh) McInnish and (Virgil) Goode, can pursue this remedy through their representatives in Congress.”

Parker agreed with Moore’s reasoning, except that he would call for the secretary of state to investigate eligibility issues once he “has received notice that a potential candidate may lack the necessary qualifications to be placed on an Alabama election ballot.”

Both justices earlier had expressed concern about the issue.

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