Quo Warranto is a remedial right the 9th Amendment reserves to each of us. Quo Warranto is typically used by the people to resolve three primary questions regarding anyone holding any office: (1) Was the office acquired lawfully? (2) Did the officer do anything he/she was forbidden from doing in that office? (3) Did the officer fail to do anything that was lawfully required of the office? If the answer to any of those questions is, “Yes”, Quo Warranto applies and a Writ issues removing the officer from the office. Here is how a Quo Warranto action works to secure its remedy:
First, a party writes a letter to the Attorney General (hereinafter, “AG”) showing cause for the Quo Warranto action and requesting that the AG bring the action to secure a Quo Warranto Writ against the officer.
Second, the AG either brings the action or they decline the request.
If the AG declines: the right to proceed as an independent prosecutor for the AG’s office with the AG’s full authority to prosecute the case automatically passes to the aggrieved party.
Third, the case proceeds to trial; where the Defendant has the opportunity to prove their authority to so act in the office in question.
Forth, if the defendant fails to provide evidence at trial proving the answer to the question at hand is, “No”,Quo Warranto applies and the judge has no choice but to issue the Quo Warranto Writ, which ousts the defendant from office. This is an important point; though the judge reviews the facts to determine whether the answer to any of the three questions was, ’Yes’; if “Yes”, the judge has no choice; but, to apply the remedy by issuing the Writ that removes the officer.
The court has no jurisdiction to determine either what the remedy will be or whether the remedy should be applied; they can only execute the remedy; to fail to do so would make the judge subject to a Quo Warranto action. You may notice that the right to Habeas Corpus is a subset of the right to Quo Warranto. As of Monday, December 24, 2012, such letter was delivered to the AG and such an action was brought against Barrack Obama as President Elect contesting that he does not qualify for said office; for more information, and to learn how you can help, click this link: “Call to Action”.