UPDATE:Berg did file a Writ of Certiorari and an application for injuction, and Souter’s Clerk did reject the application for injunction. Obama, the DNC and FEC must file a response, but there is no requirement that Obama must provide his birth certificate.
Lawyer Philip Berg’s lawsuit questioning Barack Obama’s “natural born” status has entered a do-or-die phase after the Supreme Court has ordered the president-elect to produce his birth certificate by December 1st.
Berg, who appealed his case to America’s highest court, was told by Justice David Souter’s Clerk that his petition for an injunction to stay the November 4th election was denied. The Clerk also required the defendants (Obama, the DNC, and FEC) to respond to the Writ of Certiorari by December 1. At that time, Obama must present an authentic birth certificate to the Court, which has been sealed by Hawaii governor Linda Lingle. Berg will get to respond afterwards.
Failure to do that will surely inspire the skepticism of the Justices in Obama, who are not used to being defied. The Court will have to decide what to do about a president-elect who refuses to prove his natural-born citizenship.
“I can see a unanimous Court (en banc) decertifying the election if Obama refuses to produce his birth certificate,” says attorney and writer Raymond S. Kraft. “They cannot do otherwise without abandoning all credibility as guardians of the Constitution. Even the most liberal justices, however loathe they may to do this, still consider themselves guardians of the Constitution. The Court is very jealous of its power – even over presidents, even over presidents-elect.”
Obama’s own campaign website has stated the president-elect was a Kenyan citizen until 1982. Audio of Obama’s Kenyan grandmother saying he was born in Kenya has recently surfaced.
On December 13, the Electoral College meets to casts its votes. If it has been determined that Mr. Obama is an illegal alien and therefore ineligible to become President of the United States, the Electors will be duty-bound to honor the Constitution.
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In light of Obama's refusal to provide his birth certificate to the court in answer to Berg's lawsuit; if it turns out that Obama is not a natural born citizen as defined by the constitution, then one can only conclude that his intention all along was to create a constitutional crisis, forcing the Supreme Court to decide between overturning Section I Article II of the constitution, or unseating a popularly elected President – either of which would undermine the very fabric of our constitutional form of government.
If he's not a natural born citizen and they overturn Section I Article II, half the country will revolt because the SCOTUS ignored the constitution.
If he's not a natural born citizen and they unseat him according to the constitution, half the country will revolt because the man they chose as President will be removed by the courts.
That is a no-win situation, and reeks of totalitarian divide-and-conquer.
I pray, quite earnestly, that Barack Hussein Obama is indeed a natural born citizen of the United States of America, and that he has the documentation to prove it.
To "Anonymous"…
The Supreme Court can't overturn Article II, Section 1. It's not in their authority to re-write or overturn a provision of the Constitution. If Obama proves to be ineligible, they should decertify the election. It's as simple as that. Of course, we'll have rioting in the streets because most people in this country don't understand that we live in a democratic republic which is governed by rule of law — NOT by direct rule of the people. The law must prevail or else, it gives way to tyranny and mob rule. Therefore, the Supreme Court must decertify the election of Obama and instruct the electors to select someone else. We cannot ignore the Constitution. Doing so takes us down a dangerous road that will eventually end with the destruction of our Constitution and with it, our civil liberties. Government would then be able to do whatever it wants with no limits to its power.
The Supremes have issued an order because they want that birth certificate as part of their response to the writ of certiorari. If they don’t get it, then cert might well be granted, and *then* it would go to a hearing.
And they don’t have to decertify the entire election. They might, however, dictate that the Electoral Collegians cannot mark any of their ballots for Barack Obama and must mark their ballots for someone else as President. And this would pretty much “unbind” them from having to vote for the named candidate on the November ballot.
I’m not saying that John McCain would win by default. I am saying that this would create quite an interesting situation, to be sure.
Here's what I think.
Obama has a birthcertificate, but it lists his religion as Muslim. Obama converted to Christianity years ago. This is a domestic political problem; and an international problem. By Shariah law, conversion from Islam to another faith is a capital offense.
So, the Obama campaign has done everything possible to resist releasing his birth certificate. He will now show it to SCOTUS, it will be certified, but never revealed to the public.
Please go back and look at the "so called Birth Certificate" shown on the Web Site. The birth certificate does not have a certificate number that is traceable – why is it blanked out? Further more, I would believe a hospital birth certificate (with a thumb print and/ or foot print) before I would believe a state issued birth certificate. What really is a thorn in the side here is, that the questionable birth certificate issue should have been presented to the American Public through the news media that is to be giving the public truthful news (not news of the news media's choice) a long time ago and the voting public decide if he was eligible to run or not.
John McCain (Juan McCain) does not have a valid birth certificate either, but the Congress decided to let it go and let him run any ways, that issue was for the American Public to decide not them.
I truly hope the judges at the Supreme Court understand that when and if Obama produces a birth certificate that it needs to be shown to the American Public; and that it shall be verified/ validated beyond a reasonable doubt that it is in fact an authentic birth certificate of Barack Hussein Obama II. This must be determined by a jury of American Public Constitutional obeying peers.
While the Obama Campaign will have to release to the SCOTUS documents, which will show the location of his birth, there will no problem if Obama was indeed born in Hawaii.
However, if he was born in Kenya, the SCOTUS will be impaled on the horns of a dilemma. If they uphold the Constitution and decertify the election, (as kreatre2008 said above) "we’ll have rioting in the streets because most people in this country don’t understand that we live in a democratic republic which is governed by rule of law". If they don't uphold the law, the "other" half of the American people will revolt because the SCOTUS will not be protecting the Constitution as they were sworn to do.
Either way, our nation loses.
A way out would be for the Supreme Court and our currently elected government officials from both parties to have a press conference to explain why Obama couldn't be president. Surely the Governor of California could testify to this.
This link is the Docket of the US supreme Court for this case.
<a href="http://origin .www.supremecourtus.gov/docket/08-570.htm” target=”_blank”>http://origin <a href="http://.www.supremecourtus…” target=”_blank”>.www.supremecourtus.gov/docket/08-570.htm
If you read it, and you know anything about law, you will see that Berg petitioned for a writ of certiorari on Oct 30. This is a request that the Supreme court require the lower courts to turn over the documents, essentially Obama's birth certificate. Then, on Oct 31, Berg asked for an injuction against the election moving forward. On Nov 3, his injuction request was denied. The next thing that happens is not that Obama is required to produce his birth certificate. On or by Dec 1, Obama's attorneys will be required to file a response to the petition for certiorari. Essentially, they will file a paper where they state why this case should not go forward. That DOES NOT MEAN THEY WILL BE REQUIRED TO PRODUCE THE BIRTH CERTIFICATE. There are many more steps to come in this saga.
If Obama presents a birth certificate substantiating that he was born in Hawaii: case closed. He would be a natural born US citizen. The fact that he may also have had Kenyan citizenship, by virtue of being born to a Kenyan father, is totally irrelevant. There is nothing in the Constitution that disqualifies a US president from being a dual national.
If he was born in Kenya of a US mother, he is, by birth, a US citizen since in all but a few very special cases US citizenship is transferred by a US citizen parent, either the father or the mother, to a child born outside of the US. (The “esceptions” have to do with the age of the US citizen parent and the length of time that parent actually lived in the US prior to attaining a certain age.) The question which the SCOUS would have to decide as to whether or not being born abroad qualifies the person as a natural-born US citizen because the US Constitution does not define the meaning of Natural Born. In all other cases a US citizen is either a citizen by birth or a citizen by naturalization. Some would define Natural Born as vigina-born as opposed to Cesarean born. Others would define it as the result of normal conception as opposed to being born of a Virgin (Biblical definition). This definition has never been determined – either by the constitution or by the Supreme Court.
To By the Constitution –
Please go back and look at the “so called Birth Certificate” shown on the Web Site. The birth certificate does not have a certificate number that is traceable – why is it blanked out? Further more, I would believe a hospital birth certificate (with a thumb print and/ or foot print) before I would believe a state issued birth certificate. What really is a thorn in the side here is, that the questionable birth certificate issue should have been presented to the American Public through the news media that is to be giving the public truthful news (not news of the news media’s choice) a long time ago and the voting public decide if he was eligible to run or not.
John McCain (Juan McCain) does not have a valid birth certificate either, but the Congress decided to let it go and let him run any ways, that issue was for the American Public to decide not them.
I truly hope the judges at the Supreme Court understand that when and if Obama produces a birth certificate that it needs to be shown to the American Public; and that it shall be verified/ validated beyond a reasonable doubt that it is in fact an authentic birth certificate of Barack Hussein Obama II. This must be determined by a jury of American Public Constitutional obeying peers.
First, the “voting public” cannot decide if someone is eligible to run. Eligibility is determined by the Constitution – not voters. This issue has been known for months so I don’t know why you think it should have been “presented to the American Public through the news media”. How else did everyone, except you, learn about it?
Second, John McCain did produce his birth certificate. As in the first point, only the Constitution determines the eligibility of someone running for President, not the voting public and certainly not Congress. Someone born to US military personnel outside the boundaries of the US is a US citizen. There is not and has not ever been any problem with McCain’s citizenship status.
Obama dosnt have to do anything. read rules 10-16 SCOTUS.
Berg is challenging specific ruling of Surrick that Berg has no standing to bring suit.
Obama can oppose challenge of lower court ruling by Dec 1 2008 or not as he see's fit, as can any citizen. Disussion remains as to wether Berg has status and has nothing to do with Obama's birth certificate or any other facts not pertaining to Berg's standing to file circuit court suit.
After all filings court will consider merits of having a hearing, or making a decision. SCOTUS never HAS to make a ruling. Only if they CHOOSE to do so.
MAYBE 40-60 days from now SCOTUS will rule BERG has status and lower court procedings will continue. SCOTUS will not rule on Obama's citizenship. It can ignore lower court ruling and refuse to hear challenge or hear challenge then rule Berg has standing or Berg dosnt have standing.
When and if lower court precedes and rules on Citizen ship, this ruling can be appealed to SCOTUS as well.
Bloggers appear to be totally mis-informed on this subject.
I just don’t understand! He could get a fake one made up! He could get a hospital in Hawaii to write a fake birth cert. Why wont anyone bother to check the flight or ship logs. If his mother was in Kenya at the time of Obama’s birth then they would have documentation of her arriving in Kenya and not returning to the US till after he was born.
On Nov. 9th "By The Constitution" questioned John McCain's U.S citizenship by stating that he was born in Panama so he wasn't a U.S. Citizen. Not so. McCain was born to U.S. citizens living in Panama. McCain's father was a carreer U.S. Navy officer statiioned in Panama at the time of John McCain's birth. U.S law state that, the new born, under those circumstances is automatically a U.S. citizen. Not my opinion. It's the law. Think about it. Parents serving the U.S. military overseas, give birth to a child and that child is denied U.S. citizenship??? Never going to happen.
No need to respond. I see the comment dated 11/15 where you corrected your earlier comment.
As of Dec 21 2009 the scotus has no required Obama to show ANYTHING. MORE GOP BULLSHIT SELFSERVING LIES LIKE THE LAST 8 YEARS. STFU