Wednesday, October 7, 2009

What Is Quo Warranto?

Quo Warranto in Latin means- By what warrant. Our Founding Fathers were thinking about future generations when they included this special protection to the people from usurpation of an elected office.

Quo Warranto is not stated directly in the Constitution but rather was inclusively guaranteed by the 9th Amendment. Our Federal statutes are codified in the volumes of United States Code, that is, our federal laws. This is where Quo Warranto can be found.

The Founders also mentioned in the Constitution under Article I section 8, the place where a Writ of Quo Warranto would be served on the government- the Federal District of Columbia. Washington D.C.

To exercise exclusive legislation in all cases whatsoever, over such District (not exceeding ten miles square) as may, by cession of particular states, and the acceptance of Congress, become the seat of the government of the United States, and to exercise like authority over all places purchased by the consent of the legislature of the state in which the same shall be, for the erection of forts, magazines, arsenals, dockyards, and other needful buildings;--And

To make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this Constitution in the government of the United States, or in any department or officer thereof.


What does quo warranto mean and where did it come from?

It comes from old English law. King Edward the First, felt many nobles over past reigns had usurped the lands of the kingdom. King Edward decided he would ask for proof. His Writ of Quo Warranto asked literally- "By What Right" do they possess their fiefdom. The nobles had to produce their documents or surrender back to the crown the lands they unjustly lay claim.

In the courts the burden of proof lays with the accuser in all cases except Quo Warranto. Under this writ the burden of proof lay with the Accused.

Barrack Obama,the Accused, if served with a Writ of Quo Warranto would have to prove who he was,to us the Accuser. We The People do not have the burden of proof to substantiate our charge.

Today the Writ must be served to the US Attorney in the Washington D.C. District. The US Attorney is required to notify Congress of the Writ. The Writ would not be heard in a Federal Court. Both Houses of Congress would be convened to try it. The Chief Justice of the Supreme Court would preside over the Congressional hearing.

That's my understanding of how it's supposed to work. Here's how it works in today's America under the Obama regime.

Orly Taitz filed a Writ of Quo Warranto with the DC District's US Attorney in March 2009. The original US Attorney sat on it for three months then abruptly resigned. Attorney General Eric Holder has temporarily filled the vacated spot with another DOJ attorney, and this Holder lackey still sits on the Writ.



Steve

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