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The concept of executive privilege is not mentioned explicitly in the United States Constitution, but the Supreme Court of the United States ruled it to be an element of the separation of powers doctrine, and/or derived from the supremacy of executive branch in its own area of Constitutional activity.[1]
The Supreme Court confirmed the legitimacy of this doctrine in United States v. Nixon, but only to the extent of confirming that there is a qualified privilege. Once invoked, a presumption of privilege is established, requiring the Prosecutor to make a "sufficient showing" that the "Presidential material" is "essential to the justice of the case."(418 U.S. at 713-14). Chief Justice Burger further stated that executive privilege would most effectively apply when the oversight of the executive would impair that branch's national security concerns.
"At common law, with the nomenclature of which the framers of the Constitution were familiar, it was never doubted that all children born in a country of parents who were its citizens became themselves, upon their birth, citizens also. These were natives or natural-born citizens."
"all children, born in a country of parents who were its citizens, became themselves, upon their birth, citizens also. These were natives, or natural-born citizens, as distinguished from aliens or foreigners."
"...for children born in a country, continuing while under age in the family of the father, partake of his national character as a citizen of that country."
"The citizens are the members of the civil society; bound to this society by certain duties, and subject to its authority, they equally participate in its advantages. The natives or indigenes are those born in the country of parents who are citizens. Society not being able to subsist and to perpetuate itself but by the children of the citizens, those children naturally follow the condition of their fathers, and succeed to all their rights."
Originally posted by youdidntseeme
There exists a doctrine calledexecutive privilege.
It states that members f the executive branch, the president and others, can resist certain subpoenas while in office. It has been tested several times and the SCOTUS has upheld the privilege.
One of the earliest examples of this privilege is detailed here:
Thomas Jefferson was the first president to face this problem, and he insisted that the president could not be independent of the judiciary if "he were subject to the commands of the latter" and "if the several courts could bandy him from pillar to post." Similarly, in his Commentaries on the Constitution (1833), Justice Joseph Story concluded that the president must be allowed to perform his duties "without obstruction...accountable only to his country, and to his own conscience."
source
As we can see the Justice Story set the precedent by allwing the resistance of the subpoena by allowing the the POTUS to use his own conscience to make the decision. Obama will not appear in the court and there will be no recourse by the GA judge but to accept this fact. I think the GA judge is only doing this to grab headlines anyway. He knows the privilege exists, and if he doesnt, he will soon.edit on 23-1-2012 by youdidntseeme because: (no reason given)
Originally posted by Flatfish
I thank you for pointing out this little "fact" to the Obama haters posting in this thread. I swear, if the republicans weren't so ignorant, they'd be dangerous. And to think that they get offended when articles like this one make the cover of Newsweek. Go figure!
Originally posted by r3axion
reply to post by Flatfish
Did you conveniently overlook my fact? How about this one? I'm sure you would purposely ignore them because they aren't exactly in Barry's favor.
Originally posted by r3axion
I guess we're super dumb!
Originally posted by Flatfish
These statistics don't mean anything.
Did you really expect that our unemployment rate could be improved overnight?
I mean really, sooner or later, the ill effects of those actions will be felt resulting in the statistics you posted. Once you drive a car off a cliff, it's kinda difficult to pick up the pieces until after it hits the canyon floor.
Apparently, the nice people at Newsweek agree.
Originally posted by caladonea
It seems to me that legal loopholes in the law were found by the President's legal counsel; and he himself does not need to appear in the Georgia court.