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Judge David O. Carter's error -- only Congress can disqualify Obama? WRONG!! right to office can be annulled by JUDICIAL determination, via Quo Warranto

[NOTE WELL:  3 of 3 below:
3 instances of 3 subject matters ... ]

The USDC in Santa Ana, California, has original jurisdiction to hear any matter that arises under the Constitution, Laws or Treaties of the United States (Federal government): 
28 U.S.C. 1331:

"The district courts shall have original jurisdiction of all civil actions arising under the Constitution, laws, or treaties of the United States."

See also the Supremacy Clause and Arising Under Clause:

     This Constitution, and the Laws of the United States which shall be  made in  Pursuance thereof; and all Treaties made, or which shall  be made, under the  Authority of the United States, shall be  the supreme  Law of the Land; and the Judges in every State shall  be bound thereby, any  Thing in the Constitution or
Laws of any State to the Contrary notwithstanding.

Section 2.   The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority; -- to all Cases affecting Ambassadors, other
public Ministers and Consuls; -- to all Cases of admiralty and maritime jurisdiction; -- to Controversies to which the United States shall be a Party; -- to Controversies between two or more States; -- between a State and Citizens of another State; -- between Citizens of different States; between Citizens of the same State  claiming Lands under Grants of different States, and
between a State, or the Citizens  thereof, and foreign States, Citizens or Subjects.

From: Paul Andrew Mitchell <>
Judge David O. Carter's error -- only Congress can disqualify Obama? WRONG!!
right to office can be annulled by JUDICIAL determination, via Quo Warranto

Date: Saturday, October 31, 2009, 8:52 AM

It [commission] is the highest and best evidence of his right to the office until, on quo warranto or a proceeding of that nature,

is annulled by judicial determination. [read NOT Legislative action]

[Thompson v. Holt, 52 Ala. 491]

[bold emphasis added]

Cf. "Quo Warranto" in Bouvier's Law Dictionary:

   QUO WARRANTO, remedies. By what authority or warrant. The name of a writ issued in the name of a government against any person or corporation that usurps any franchise or office, commanding the sheriff of the county to summon the defendant to be and appear before the court whence the writ issued, at a time and place therein named, to show "quo warranto" he claims the franchise or office mentioned in the writ. Old Nat. Br. 149; . 5 Wheat. 291; 15 Mass. 125; 5 Ham. 358; 1 Miss. 115.

   2.  This writ has become obsolete, having given way  to informations in the nature of a quo warranto at the common law; Ang. on Corp. 469; it is authorized in Pennsylvania  by legislative sanction. Act 14 June, 1836. Vide 1 Vern. 156; Yelv. 190; 7 Com. Dig. 189; 17 Vin. Ab. 177.

   3. An information in the nature of a quo warranto, although a criminal proceeding in form, in substance, is a civil one.  1
Serg. & Rawle, 382.

Sincerely yours,
/s/ Paul Andrew Mitchell, B.A., M.S.
Private Attorney General, Criminal Investigator and
Federal Witness:  18 U.S.C. 1510, 1512-13, 1964(a)

All Rights Reserved without Prejudice

October 31, 2009 in Current Affairs | Permalink