Friday, August 3, 2012

Liberty Legal answers reader's 8 most asked questions

1. Is Rubio eligible to be the Republican Vice Presidential pick?

A: No. Any candidate for VP must also be eligible for the Presidency because they may need to serve in the capacity at a moments notice. The parents of VP and Presidential candidates must have been citizens at the time of the candidate's birth. Rubio parents were not naturalized until after his birth. If you are concerned that the Republican Party may select an ineligible candidate, let them know today how you feel.

2. Now that the Supreme Court ruled the individual mandate unconstitutional under the commerce clause, how does that affect our efforts to roll back Wickard?

A: Unfortunately, the horrible ruling from the Roberts Court hurts our cause. The language from the court regarding the commerce clause established a “boundary” on the clause without returning that boundary to where it should be. By creating an activity versus non-activity test, we now have a very weak test that can be avoided by future congresses.

3. Is it possible to overcome Obamacare by challenging the “direct tax” limitation put forth by Roberts?

A: Finding that Obamacare is a tax opens the door to defeating the law on that basis. Since our Obamacare Class Action is still active in the Texas District Court, we will be raising the direct tax issue in our lawsuit.

4. Does Natural Born Citizen mean being born in the United States?

A: No, if that were true, we would not have required the 14th Amendment to define such citizens. Natural Born Citizen refers only to citizens that were born in their country of origin AND that their parents were citizens of that country of origin at the time of the person's birth. Those who say otherwise are either intentionally trying to mislead or are ignorant of the different types of citizenship.

5. What happens now with our Obamacare Class Action?

A: LLF’s Obamacare case is currently before the Federal Court in the Northern District of Texas. That court stayed the proceedings pending the Supreme Court’s ruling. Now that the Supreme Court has ruled we are free to re-open our OCA lawsuit and have been working to do so. While the court did discuss the commerce clause issue, the discussion was non-binding dicta, because it did not rely on that language to reach the conclusion that the IM was “constitutional.” For this reason, the commerce clause issue is still alive. Also, the Court’s ruling only addressed the individual mandate. It did not address the rest of Obamacare’s provisions. We will be raising other provisions as being beyond Congressional authority under the commerce clause.

6. Can a treaty override the Constitution?

A: Treaties cannot violate the Constitution. To the degree that they do, the treaty is void, not the Constitution. However, this assumes that the government honors and enforces the Constitution. When the Supreme Law of the Land is flagrantly ignored, why should anyone care what any law or treaty says? We are now essentially under chaotic despotism. Those in power enforce laws when they favor them, and ignore the law when it opposes their desires. The Courts have been supporting this chaotic despotism for several years now.

7. Why do you keep taking cases to Court when the Courts are so corrupt?

A: Our answer to this is also a question, "Why did God continue to send prophets to Israel when He knew they wouldn't return to His Torah?" The answer is that some will even if most won't and He never acts without giving warning. We don't know when we will find an honorable Judge, but we do know that we have to give every Judge the opportunity to uphold the Constitution by making the right arguments to the Court. Obamacare is the prime current example. The attorneys that appeared before the Supreme Court accepted unconstitutional legal precedent as a starting point so they were doomed before they started. We start our arguments by showing the Court how to reverse unconstitutional precedent in order to reach a Constitutional decision.

8. When will the Supreme Court hear our Georgia eligibility case?

A: Over the next several months the Supreme Court will be reviewing the thousands of cases presented to them, and will decide which cases to accept. Meanwhile, we will be filing an emergency motion asking the Court to intervene before the November election.

Thank you for emailing such excellent questions. They often raise issues we haven't considered in that way before. We have smart members!

For Liberty,


Van Irion, Founder

LIBERTY LEGAL FOUNDATION

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