Opinions
The result of the 2008 Presidential election has been reported as 364 electoral votes for Obama to McCain’s 163. The popular vote is estimated at Obama 65,412,231 and McCain 57,414,049. See Exhibit A. No other candidate had an actual opportunity as only the two major parties are on all ballots – 51 in total. The two major parties always receive the top two slots. Ralph Nader is the closest contender at 678,683 votes and although he has run over and over has yet to make it on all 51 ballots; the Libertarians have not made it on all 51 ballots after more than 25 years of making the attempt. Nothing about this election is remotely constitutional. The more than one billion dollar price tag cannot be ignored. I am the only acting legal President not placed upon the ballot and who never voluntarily withdrew my name as proved by my cases. See Exhibit A . The Solicitor General then failed to respond to a second suit filed before this election was held. See Exhibit B . Other federal decisions and orders some of which rise to a crime are within my first suit; all kept me off of the ballot. Judges and others conspired alone and together in order to keep my suit out of court, to silence me and to keep my name off of the ballot. Many were motivated to do so in order to then avoid prosecution as some committed crimes against me. See Exhibit L & M . All opinions are against me exactly and only as I am first thus unique in US history due to all of my unique facts and these opinions cause my children and me irreparable injury and injury that is ceaseless; these opinions will end the lives of women, children, enlisted service members and innocent Iraqi civilians.
Constitutional And Statutory Provisions
As this is a unique case and is pro se, constitutional authority and original jurisdiction then the whole of both governing documents is involved but especially:
Sec. II Art. I “No Person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President; neither shall any Person be eligible to that Office who shall not have attained to the Age of thirty five Years, and been fourteen Years a Resident within the United States.”
Additionally, the 12th Amendment to the Constitution states that: "[N]o person constitutionally ineligible to the office of President shall be eligible to that of Vice-President of the United States."
The 14th Amendment to the United States Constitution provides an additional source of constitutional doctrine stating that birth "in the United States" and subjection to U.S. jurisdiction at the time of birth, entitles one to citizenship: “All persons born or naturalized in the United States and subject to the Jurisdiction thereof, are Citizens of the United States and of the State wherein they reside. . .” and “No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.”
The Civil Rights Act “SEC. 703. (a) It shall be an unlawful employment practice for an employer— (e) Notwithstanding any other provision of this title, (1) it shall not be an unlawful employment practice for an employer to hire and employ employees, for an employment agency to classify, or refer for employment any individual, for a labor organization to classify its membership or to classify or refer for employment any individual, or for an employer, labor organization, or joint labor-management committee controlling apprenticeship or other training or retraining programs to admit or employ any individual in any such program, on the basis of his religion, sex, or national origin in those certain instances where religion, sex, or national origin is a bona fide occupational qualification reasonably necessary to the normal operation of that particular business or enterprise…”
Statement of Case
I, Susan Herbert, a natural born citizen who is innocent, has been abandoned by this nation and forced to live in exile within my own country for doing nothing more than acting to enforce the law on behalf of all who are yet vulnerable and/or defenseless. I am injured and harmed like no other citizen ever for using the law as a weapon in my defense proactivley, as I am the first mother ever to invoke both governing documents in her defense as well Stankowsky V Kramer against a state before my children were injured, before one was born even but was a person with rights and later, after several states caused injury to come to my children and more injury to come to my person I invoked Nicholson V Scopetta thus forcing the states to apply the law to women and/or obey federal rulings as the states could not then cite me as at fault or charge me with being a child abuser for failing to protect. By doing so I forced the states to accept liability. The states found a way to charge me and so avoid liability; to do so they broke the law repeatedly, lied, tampered with evidence and witnesses, used nasty word games and nasty lawyer tricks against me, refused to stop those persons harming me with deliberation when they are court officials and/or licensed attorney, passed my case back and forth between judges and across the FL, NY and PA state lines and now the solicitor general has failed to respond to my case. A thin black line exists and denies me access to any court as a plaintiff/petitioner; I have been allowed entry to one court, US Supreme Court, and that is on paper only when paper is not adequate and offers me no remedy and relief. These acts and others were committed against me upon all levels from my nuclear family then to the local municipal and upon a federal level. This was and is only possible as I am left for dead by the United States, now a dead institution itself, as all authorities failed me up to this very court as did the Chief Justice himself as I stood all aside or down via the invocation of chain of command and directly via lawsuit due to Bush V Gore and In Re Susan Herbert. The denial of oral argument and now the failure of the solicitor general to respond make my case and prove all I claim for me for if even one office remained checked or even one other person was obeying both the law and the spirit of the law then I would not be writing this as my case would be resolved or it never would have gone on for ten years across several states until it landed in United States Supreme Court – a court I am convinced did not bother to actually read my case as this court then turned around an committed an exact violation of our law which I cited as I saw it coming due to the discrimination of women.
Monell V DSS upheld a citizen’s right to sue to enforce the law; Bush V Gore set precedent allowing me to sue for legal power and custody of the US; Marbury, never applied to women, states I must defy illegal, unethical and immoral orders of commanding officers and that I am equal to all other citizens up to and including the President as my one vote, denied me since before 2000, is equivalent to Executive Order; Brown proved discrimination causes a physical and emotional injury to the class and proof was life not science and not the exact words of our law as “black” appears no where in our law. I am a woman and a member of the only injured class still denied a federal ruling in their favor a la Brown. As a woman the 19th amendment, the equal protection clauses and the exact words of our law as written in 1776 & 1787 clearly state I am to be accorded equal legal power but this legal power has not once been realized so my vote has been nothing more than an appearance as I went through the motion of voting when it was meaningless. Since before 2000 I was and am denied my vote; I have been lied to by those holding office, the law has never protected me at all as it is renegotiated against my will via force and as I was born into harm in both this national family and my own nuclear family as women are subjected to unsafe conditions and so as safety is denied us as is liberty, as liberty is an emotion and a protected right and liberty is realized as justice, then I nor any woman is safe.