Democrat activist lawyer Philip J. Berg plans to bring his lawsuit questioning the eligibility of Democrat Party candidate Barack Obama to run for US President based on “Natural Born” qualifications to the Supreme Court, after it was thrown out by U.S. District Judge R. Barclay Surrick Friday night.
Judge Surrick ruled that Berg lacked standing to bring the case, saying any harm from an allegedly ineligible candidate was “too vague and its effects too attenuated to confer standing on any and all voters.” In a press release, Berg responded, “According to Judge Surrick, we the people have no right to police the eligibility requirements under the U.S. Constitution”.
In an exclusive interview with The Right Perspective last week, Berg stated that lawyers representing the DNC and Obama contacted him seeking an end to expidited discovery, which he refused. There were other unusual circumstances involving the legal proceedings of the case, including the DNC and Obama campaign filing a joint response to Berg’s suit, and Judge Surrick giving Berg only five days to respond to a motion to dismiss, instead of the usual two-week timeframe. After Berg successfully responded by the truncated deadline, Judge Surrick let the case lie dormant for nearly a month before throwing it out on Friday.
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Perhaps information coming forth that isn’t would not have a threat to subterfuge someone’s campaign would get consideration; i.e., this query could have been made a long time ago, perhaps someone concerned when Obama first stated his intentions to run for President. Otherwise, it has the appearance of being a bad faith, urban legend tinge and it is hard to take seriously. This is my position on this. Being right wing conservative doesn’t equate to being indecent.
The silliness of this issue should be obvious to everyone: Obama, regardless of where he was born in 1961, is and always has been a US citizen, eligible for the Presidency. Obama’s mother was a US citizen at the time of his birth. She could have been in Cuba at the time of his birth, working for Castro to bring nuclear weapons for use against the country she loathed (none of which, of course, is true), and her son Barack would nonetheless be a citizen.
From http://www.usconstitution.net/consttop_citi.html
___________________________________________________________
Title 8, Section 1401 defines the following as people who are “citizens of the United States at birth:”
1. Anyone born inside the United States
2. Any Indian or Eskimo born in the United States, provided being a citizen of the U.S. does not impair the person’s status as a citizen of the tribe
3. Any one born outside the United States, both of whose parents are citizens of the U.S., as long as one parent has lived in the U.S.
4. Any one born outside the United States, if one parent is a citizen and lived in the U.S. for at least one year and the other parent is a U.S. national
5. Any one born in a U.S. possession, if one parent is a citizen and lived in the U.S. for at least one year
6. Any one found in the U.S. under the age of five, whose parentage cannot be determined, as long as proof of non-citizenship is not provided by age 21
7. Any one born outside the United States, if one parent is an alien and as long as the other parent is a citizen of the U.S. who lived in the U.S. for at least five years (with military and diplomatic service included in this time).
Anyone falling into these categories (7 being the pertinent one in Obama’s case) is considered natural-born, and is eligible to run for President or Vice President.
_______________________________________________________
Obama’s citizenship cannot be legitimately questioned, whether he was born in Hawaii or Kenya or in the Isles of Langerhans. This is a waste of time and money (like most of Berg’s previous litigations), but (like most circus acts) it IS fun to watch.
Sue, Sue, your comments are from current law and cannot be retroactive to when Obama was born. The current parental laws, apply only to persons born on or after 11/14/1986. Sorry Sue, that’s not Obama. Let’s look at the requirements of citizenship from US Law when Obama was born – 1961.
http://www.americanlaw.com/citabrd.html
“In the case of a child born to one U.S. citizen parent and one alien parent, the U.S. citizen parent now had only to be physically present in the United States or its outlying possessions prior to the child’s birth for 10 years, at least 5 of which were after the age of 14. “Physical presence” was different from the concept of “residence” which had applied under the previous statute. The physical presence requirement could be satisfied by mere presence in the United States even if the person had not established a legal residence there.”
If Barack was born in Kenya when mother was 18, she didn’t qualify to transmit citizenship to Barack. Period. This is not hyperbole, but the law at the time of Barack’s birth. No amount of “I’ll REPEAT” changes the law Sue (et al).
Barack Obama can put this to rest by producing a birth certificate. Some sources suggest that Barack was born in Kapi’olani Medical Center in Hawaii – doesn’t that Medical Center have records that could easily put this to rest? Barack could easily put it to rest, yet refuses to do so. Why?
Sue,
Apparently, you need to retake your high school civics class, and also learn to read articles before responding. If you had done so, you would know that Berg’s claim is that Barack Obama is not a NATURAL-BORN citizen. (Being a U.S. citizen at the time of birth is not the same as being a natural-born citizen.) Now whether or not Berg is correct, who knows…
Based on your silly post, Arnold Schwarzenegger would be eligible for the presidency since he’s a citizen as well.
Sue,
Apparently, you need to retake your high school civics class, and also learn to read articles before responding. If you had done so, you would know that Berg’s claim is that Barack Obama is not a NATURAL-BORN citizen. (Being a U.S. citizen at the time of birth is not the same as being a natural-born citizen.) Now whether or not Berg is correct, who knows…
Based on your silly post, Arnold Schwarzenegger would be eligible for the presidency since he’s a citizen as well.
Sue Deaunym,
You incorrectly relate the qualifications for American citizenship. In number 7, which she cites as being the “pertinent one in Obama’s case”), says: “Any one born outside the United States, if one parent is an alien and as long as the other parent is a citizen of the U.S. who lived in the U.S. for at least five years (with military and diplomatic service included in this time).” The section of the U.S. Code you cite actually says (emphasis added): “a person born before noon (Eastern Standard Time) May 24, 1934, outside the limits and jurisdiction of the United States of an alien father and a mother who is a citizen of the United States who, prior to the birth of such person, had resided in the United States.” So, obviously, this provision does not apply to Obama. (I don’t know whether you purposely left this out or was just mistaken).
Actually, Sue, the only prerequisite you cite that could possibly apply in the Berg vs. Obama, et als, case is #1. And there is where things get sticky. Because, between Mr. Berg’s case and the assertions/investigations/reports of others, the following allegations have been made:
1. Posted on Obama’s website is a “certification of live birth” that purports to prove his birth on American soil, but the certificate’s number has been marked out and it carries no official seal to legitimize it.
2. Obama and his half-sister have named two different hospitals as the site of his birth in Honolulu.
3. Obama’s grandmother proudly tells about being present at his birth in Kenya. Other family members also allege he was born there.
4. There is a hospital record in Kenya documenting the birth of “Barack Hussein Obama, Jr.,” and there is no record of his birth at either of the two hospitals in Honolulu named by Obama and his half-sister.
5. Three separate forensics experts have studied the certificate proffered by the Obama campaign and have concluded that it is a forgery. It is suggested that his half-sister’s certificate was used as a template and altered (via PhotoShop or some such program) to create one for Barack — hence the hiding of the certificate number (which could be traced directly back to her record) and the absence of an official seal.
6. Alternatively, it is suggested that Obama’s mother flew back to Hawaii and filed an affidavit attesting to his birth there, resulting in the recording of a false birth certificate. (While the law provided for such American birth certificates/citizenship in the case of a child born to an American citizen in a foreign county, Obama’s mother was ineligible to file that affidavit and request American citizenship for her son because she was not old enough at the time of his birth. Hence, to make him an American citizen and file a birth certificate in Hawaii, she would have had to falsely allege he was born on American soil.)
7. If Obama is found to have not been born in America, he is ineligible as candidate for president because he is not a natural born citizen of the United States.
8. Even if Obama were born in the United States, his citizenship was expatriated when his mother married a man from Indonesia when Barack was six years old and relocated herself and her son there. There is a rumor that this man, Lolo Suetoro, adopted Barack, and this is given credence by the fact that he was entered into public school in Indonesia as “Barry Soetoro” and his citizenship on school records is listed as Indonesian.
9. Obama’s mother sent him back to America when he was ten, and after she divorced her Indonesian husband, she too returned to Hawaii. She could have, if she had wanted, regained her citizenship (and by extension, her son’s) by going through the legal proceeding to do so, but she apparently never did. Alternatively, Barack himself could have reclaimed his US citizenship when he turned 18, but he failed to do so.
10. The idea that Barack is a legal citizen of Indonesia is further bolstered by the allegation that when he traveled to Pakistan in 1981, when he was 20, he traveled on an Indonesian, not an American, passport.
11. Again, if Obama is found to have lost his citizenship and has done nothing to be repatriated, then he is ineligible to be president of the United States.
12. Case filings also point out that, even if he is a legal citizen of the United States, another requirement may bar Obama’s eligibility to be president. Under the Constitution, one who holds dual citizenship or multiple citizenships with a foreign county (or countries) is not eligible for the presidency. Since Barack may be a legal citizen of Kenya and/or may be a legal citizen of Indonesia, he may therefore be barred from running for and serving as president.
13. These filings cite reporters and investigations and documentation to back up the claims made. (Independent of these cases, it has even been rumored that Obama will not release his college records because he may have indicated that he was a citizen of another country on his admissions documents.)
14. This all sounds so crazy, but the allegations and legal arguments presented seem compelling. You would think that Obama could have filed the proof (i.e., a certified birth certificate with record number and official seal; opening of his passport records, college records, etc.) and defeated this civil action handily. But instead of just clearing these matters up, legal representatives of Obama and the DNC sought to dismiss and/or delay the proceedings until the election is over. Their motion to dismiss the case says that “a voter does not have standing to challenge the qualifications of a candidate for President of the United States.” And apparently the judge has agreed. I am greatly offended by that idea and hope that the Supreme Court will take this matter in hand — and quickly!
This post and the previous one were written by “gshiriewestfall” who sent me the text via an e-mail response.
So, folks, I take it this link
http://www.usconstitution.net/consttop_citi.html
is in error?
Well, something is wrong or else Obama and the DNC wouldn’t be running scared on this issue.
The issue of Senator Barack Obama and Senator John McCain’s status as “natural born citizens” is on the one hand a matter of law, and another a matter of fact. As for myself, I will be greatly satisfied and consider the entire matter settled if the Supreme Court or the United States Congress would kindly rule on the issue prior to Election Day.
If it is determined that the winner of this election is not qualified for the position, then they will be forced to step aside and the next four years will have the Speaker of the House as the acting President, wasting millions of votes and leaving the voices of the American people unheard.