On January 21, the U.S. Supreme Court unsurprisingly denied Phil Berg’s request for a stay, in Berg v Obama, 08A505. That is the last aspect of that particular case that had been in the U.S. Supreme Court. Phil Berg has been the nation’s most energetic proponent of the idea that the Courts should examine President Obama’s qualifications.
Ballot Access News
Edited By Richard Winger
— next case up (Lightfoot) is this Friday. Standing issue should not be available to provide political cover for SCOTUS.
Standing is required under the Constitution. What do you have against the Constitution?
If being a citizen is not enough “standing,” what is?
And pardon my cynicism, but I believe the Supreme Court often refuses to hear a case simply because it would require the justices to take a stand on something that is “controversial” and not apparently easily resolved.
Worst of all, though, is that until and unless a very public and very definitive resolution is made, there will always be people suspicious of the situation and of the process.
Heck, after 45 years, there are people still suspicious about the murder of John Kennedy, and reasonably so considering that many papers and documents were announced as being kept from the public.
It is very reasonable to ask, especially in a supposed “democracy,” why our supposedly democratic government keeps secrets from the people, the very people claimed to be running the system.
billvanallen- Standing is only one of a whole set of problems you guys have. The biggest is lack of any actual evidence whatsoever.
Here’s a suggestion for you and Berg and any others. Sarah Obama is in town right now for the inauguration. Why don’t you get a sworn deposition from her regarding the President’s birthplace. That’s what real serious attorneys do when they are trying to build a case. Makes me think you guys are strictly amateur hour.
Michael Morrison-Surely you can’t be serious. If standing were no barrier, you would have someone suing over every single government policy and every single $ spent. The courts would have to be 10x larger than they are now and they still wouldn’t be able to even make a dent in the cases.
“– next case up (Lightfoot) is this Friday. Standing issue should not be available to provide political cover for SCOTUS.”
This case was denied in lower courts, was denied by Justice Kennedy, was resubmitted to Justice Roberts, after which Roberts invited Obama for a friendly fireside chat and tour of the court.
http://www.scotusblog.com/wp/a-conversation-at-the-fireplace/
Roberts then distributed it for conference of Jan 23 where this case will be denied by the full court, Birthers have a spot reserved for them in dust bin of history, please go there quietly!
So now Obama’s President!!
Let’s see, Phil Berg started out with lawsuits about 9-11, then the funds dried up as 9-11 truthers faded more into memory.
Then Berg went to the whole Obama citizenship deal, because that was fresh, and it probably got heck of a lot more contributions to his cause.
Now that Obama is President and the citizenship issue will probably fade, he will raise much less money. I wonder what new scam schtick Berg will come up with now to file his frivolous lawsuits and extract money out of conspiracy buffs?
Oh wait!!!! Frivolous lawsuits are only filed by trial lawyers and liberals. When this nonsense if filed in behalf of right wing causes then it is always ‘patriotic support of the Constitution”
Whatever!!!! LOL on Berg You can kindly go away now.
train111
WAKE UP AMERICA- we have a very serious legislative crisis! The laws no longer protect justice, they pervert or subvert. Are you going to sit on your butt and do nothing? This case should have been properly addressed upon original submission. It only represents many tentacles of corruption.Election should have been halted if such a very obvious matter was presented.
Help out any of the action sites:
http://users.zoominternet.net/~f2a/
We needn’t worry about the Lightfoot case. After all the infamous “Whitey” tape is going to turn up any day, and it will quickly turn public opinion against Obama. Also the infamous African Press International interview with Michelle Obama is going to be turned over to FOX News any day now further turning people against Obama. Then he will resign in disgrace!! LOL LOL
train111
Hey train, call me tonight 🙂
sure thing big boy 😉
im gonna rock your world
There is or is NOT a violation of the Constitution involved [in EVERY constitutional law case] — regardless of all of the *standing* nonsense invented out of thin air by the MORON party hack Supremes in the 1920s.
What happened to *We the People* in the Preamble of the Constitution ???
NO standing for the People ??? Very party hack EVIL.
Of course the New Age statist usual suspects (both leftwing and rightwing) love having LAWLESS EVIL BIG governments doing whatever to increase statism — i.e. changing back to having tyrants (the lawless elite few) and slaves (the common many).
# 5 Sanctions exist in the laws and court rules for bringing JERK cases based on NO facts and/or NO law.
Examples — claiming that the U.S.A. is still a part of the British Empire, that slavery still legally exists in the U.S.A., etc.
@ Michael Morrison
Actually Kennedy was shot by Obamas Father. BHO sr. had an extramarital affair with JFK’s wife and she gave birth to BHO who was subsequentially brought to Hawaii to be tossed over a cliff in a remote location. BHO Sr. discovered this plot and was able to save the boy from beeing murdered and took an oath to kill the guy who ultimately was responsible for the planned assasination of his illegitimate offspring. The opening of his sealed birth records would reveal the name of his real mother.
So Caroline is Obamas half sister. That’s why he wants her to be senator so badly!!
Ya see … it’s so simple.
If it walks like a duck…
🙂
In my humble opinion the wrong legal strategy was used in all of these cases. The issue of Obama’s Natural Born Citizen status should have been a criminal issue dealt with via a criminal complaint and not a civil (lawsuit) issue.
All of these civil law suits are nothing more than nuisance suits because they are trying to stop an event that has already occurred, the vote of the Electoral College. You can’t stop something that has already happened.
The ONLY issue (in my opinion) is whether the short form of Obama’s Certification of Live Birth is a legal document of the state of Hawaii or whether it is fraudulent or a forgery. The way to determine that is via filing a criminal complaint that it is fraudulent or forged and the Republican Attorney General of the state of Hawaii, Mark K. Bennett was the person whose office could have filed that complaint, convened a Grand Jury investigation and subpeonaed Barack Obama’s vault copy, original long form birth certification from the state of Hawaii Department of Health.
On every short or long form birth certification issued by the state of Hawaii it says the following: “This copy serves as prima facie evidence of the fact of birth in any court proceding.”
Obama’s COLB says that he was born on Friday, August 4, 1961 at 7:24 P.M. in the city of Honolulu, in the County of Honolulu, on the Island of Oahu, in the state of Hawaii, in the United States of America and that his birth on that date was registered with the state on August 7, 1961, the following Monday after his birth.
Either that document is valid or it isn’t and it was up to the criminal division of the Attorney General’s office to determine that.
Criminal case? You’re joking right? The only criminal case here is wire and mail fraud by Berg and his pals collecting donations for their bogus “lawsuits”. As far “legal strategy”, the proper legal strategy when you have no evidence is to stay the hell out of court.
@5:
“If standing were no barrier, you would have someone suing over every single government policy and every single $ spent. The courts would have to be 10x larger than they are now and they still wouldn’t be able to even make a dent in the cases.”
And the problem with that is what? It would handcuff everything in government. Pass the injunctions, that’s a GOOD thing!
This GUY slip trought the CRACK, HE’S AN iLLEGAL ALIEN
Michale seebeck: You’re living in la-la land if you think settling issues in court instead of Congress would give you any better results. The same powerful interests would prevail, except they would do so by virtue of buying judges and lawyers instead of legislators.
To those who incorrectly think that a natural born citizen has to be born to two parents born in American, YOU ARE WRONG. You can cry all you want about your hundreds year old definition that was narrow because everyone had parents who were from another country. It has since been updated by the courts to reflect society at the time and the intended meaning of the founders. This is the law of the land now. READ IT AND WEAP,
“The rule of the common law is that citizenship turns upon the place of birth, and that one born within the jurisdiction, EVEN THOUGH OF ALIEN PARENTS is a citizen by birth, or, as the Constitution expresses it, a natural-born citizen; and this rule has been very generally recognized and enforced by all the departments of the government.†United States v. Wong Kim Ark, 169 U. S. 655 et seq.; Lynch v. Clarke, 1 Sandf. Ch. (N. Y.) 583; 9 Ops. Atty.-Gcn. 373; 10 Id. 382, 394.â€
If Obama is a US citizen then why would he (1) not allow anyone to see the vault copy of his birth certificate. (2) Not allow anyone to see school records from any of the 3 universities he attended (what could be there that might shed some light on his status as a citizen). (3) even his medical records from Kenya are forbiden (Why would there even be any Kenya records if he was born in Hawaii). His school records from Indonesia are the only records that anyone has seen and they indicate he was adopted by Soetoro and became a citizen there.
TJ;
Weap! Weap! (That’s 2/3 of weapon.)
Now go off and weep by yerself, igggorgammmmussss.
The natural-born clause has nothing to do with Wong, etc.
It has to do with divided loyalties and claims by foreign powers on the CIC.
In any case, Obama neglected to reclaim his American citizenship (after having become an Indonesian as a child) when he attained his majority. Oops!
So he’s not even a citizen, much less “natural-born”.
This is a sad day for America. We had to “search” for the Supreme Court’s ruling because the MSM did not think it was important enough to give any prominence. We are now RULED by men instead of being governed by the laws set forth in our Constitution. We will have to fight to get back the rights given to us by our forefathers. Do not give up – we must be vigilant and do everything in our power to return dignity, honesty and integrity to our government.
Indonesian? Kenyan? I always suspected Baragh O’Bama was an Irishman at heart.
http://www.oneeyedparrot.org/obama.html
January 21, 2009, 7:53 pm
Oath Is Administered Once Again
By Jeff Zeleny
President Obama took a mulligan on the oath of office with Chief Justice John G. Roberts Jr. in the Map Room of the White House on Wednesday night. (Photo: Pete Souza/The White House)
WASHINGTON – President Obama was re-administered the oath of office on Wednesday evening by Chief Justice John G. Roberts Jr., one day after the two men stumbled over each other’s words during the inauguration.
The president and the chief justice stood in the Map Room of the White House at 7:35 p.m. as they took a second run at the constitutional oath. A handful of advisers watched the proceeding, which lasted about 25 seconds.
“Are you ready to take the oath?†Mr. Roberts said.
“I am,†Mr. Obama replied. “And we’re going to do it very slowly.â€
Gregory Craig, the White House counsel, said he believes the oath was “administered effectively and that the president was sworn in appropriately.†But out of caution and to ward off any speculation that he wasn’t properly sworn in, aides decided on Wednesday afternoon to give the oath another try.
“The oath appears in the Constitution itself,†Mr. Craig said in a statement. “And out of an abundance of caution, because there was one word out of sequence, Chief Justice Roberts administered the oath a second time.â€
At the swearing-in ceremony on Tuesday, Mr. Roberts juxtaposed a word in the oath when he said, “That I will execute the office of president to the United States faithfully.†The word “faithfully†was misplaced.
Mr. Obama, who had been studying his lines, paused awkwardly after saying, “that I will execute.†The chief justice gave it another try, but still not quite right, omitting the word “execute.â€
As set out in the Constitution, this is what Mr. Obama should have said:
I do solemnly swear (or affirm) that I will faithfully execute the Office of the President of the United States, and will to the best of my Ability, preserve, protect and defend the Constitution of the United States.
(Like most of his predecessors, Mr. Obama swore, rather than affirmed, and like some past presidents he appended “so help me God†to the standard text.)
During a luncheon after the inauguration ceremony, Mr. Roberts could be seen on camera telling the president that the mistake was “my fault.†So he agreed to travel to the White House on Wednesday evening for a ceremony that was not announced until it was over.
#19 Mindless junk.
Armies of illegal foreign pregnant females enter the U.S.A. (think the mass tribal invasions of the old Roman Empire as it fell in stages for about 400 years) — who all give birth in the U.S.A.
Armies of illegal foreign male foreigners invade the U.S.A. and get armies of U.S.A. citizen females pregnant — who all give birth in the U.S.A.
What brain dead party hack Supreme will say that the children are natural born citizens of the U.S.A. ???
See also the 1866 Senate debates on the citizenship first sentence in 14th Amdt, Sec. 1.
Natural born = at birth allegiance to a nation-state regime — where-ever born.
Way too difficult for the armies of New Age constitutional law MORONS to understand — including most of the MORON juveniles on this list.
It’s a funny thing about unanswered questions, they never seem to go away. As I slip on my aluminum hat for a second, let me pontificate on one point that has already been brought up. Proof. Well now is the proof not in his vault copy birth certificate. The one he refuses to present! Now I don’t know about all you cool aid drinkers, but the behavior of the media this election cycle, Obama’s lack of “vetting” (stupidest word of the year) and the vast number of you sweatshop bloggers out there protecting Obama make me kinda lean on the side of doubt. Maybe its just me but when you hire a bunch of lawyers to keep the BC hidden, and oh by the way the guy knows the law (or does he we don’t know because he will not release any records from his college years or his years teaching) as he is suppose to be a Constitutional law professor, maybe he knows all about how these things work and he is skirting around any degree of openness because he knows he can and the media will protect you. There is plenty of legal precedent to have put away any Republican, but “The first Black President ” is too important to bring down. Well birthy haters, you do what you want and complain, some of us seek the truth, some of you are so full of the K. Oberman cool aid that you have forgotten that citizens of this nation use to be able to ask questions of their leaders.
No, no no! You are just a bunch of crack pot conspiracy nuts. I know the real truth; Read it an weep! ;0)
Barack Obama and John Mccain are really…(dramatic pause) one and the same! (dramatic tune)
They are twin brothers, who had forgotten each other on the account of being seperated at birth, the space alien abductions, the inoperable brain tumors and the shorterm-long term amnesia……
These lawsuits really remind me of that episode in Caroline in the City where that guy fakes his own death to have his artwork be worth more and some of his friends is trying to impress a soap tv director by making this big public speech.
Mary Brown- Yes, the media didn’t report on the “ruling”, nor do they report on any of the dozens of cases the SCOTUS declines to hear each week, almost all of which have more merit than Berg’s load of dung. They usually don’t report on Elvis sightings either.
Hawaii does not give out vault or long-form certificates to anyone and has not for decades. It is the state policy to distribute short-form certificates only and these are sufficient to get a drivers license, run for office, etc. Anyone requesting a copy of their BC as Obama did, receives the short-form — PERIOD. Nobody gets a vault copy, even if requested. The state has certified to the SCOTUS that Obama’s original BC is on file and that it shows he was born in Hawaii. Game over, nutcases. We support President Obama.
I knew you wouldn’t like the language in the Wong case, but it is the case that legal scholars follow in the natural born area. I verified this with a friend who teaches Constitutional Law. Natural born citizen no longer means born of two US parents. Even if he were born in Kenya, his mother was unmarried and the law says she needed to spend only one year in the US to make him a citizen at birth or natural born citizen. It may be a long way from the original definition, but at that time everyone had a parent from another country.
As to Hawaii, the previous poster is absolutely correct. I called the Hawaii Records Office several months ago and verified that same thing.
Mountain Jack, I’d love to jack a mountain over you 😉
GetOver @18, it’s not lalaland. It’s a people’s check on government. It would do a couple of things. First, it would totally handcuff the government, which is good gridlock. Second, it would cause Congress to actually pass laws that can actually withstand constitutional scrutiny. Third, it would expose these stupid laws to a lot more public scrutiny. Fourth, a lot more ludicrous criminal violations would be dismissed from lack of court space by the civil suits clogging everything up (we’ve seen that recently here in CA).
TJ@19 and 30: That quote does not appear in Wong at all. are to try again?
Rick @20 hits the heart of the matter.
DemoRep @25 just illustrates he knows nothing about jus soli, lex soli, or jus sanguinis.
Natural born status is based solely on geography. A citizen is either natural-born or naturalized. Parental marital status has nothing to do with it. This is not that difficult, people.
All Obama has to do to put the whole thing to rest is release the birth certificate (not a COLB). Why 50 Secretaries of State never bothered to check is problematic, and they should not be allowed to get away with such ineptitude.
There is a major constitutional question here unresolved: who determines the eligibility of a candidate? On that the Constitution is silent, and that gap in the process needs to be addressed.
Frankly, I don’t care one way or another whether Obama is eligible or not, because he is just another statist scumbag who will not solve our national problems, just like his predecessors. But I do want the constitutional issue addressed and resolved.
Michael Seebeck- So there are too few lawsuits in the US? And too few lawyers? Wow!
All lawsuits should be on the basis of loser pays costs. I shouldn’t have to bankrupt myself because some idiot sues me over nonsense and I shouldn’t have to pay for Supreme Court justices to waste even 10 seconds rejecting these mindless cases when the plaintiffs couldn’t even be bothered to gather any evidence. Tons of conjecture perhaps, but not a shred of evidence.
As for Obama “putting the whole thing to rest”, consider that he may not care if fools waste their time on this nonsense. I know you guys think he is quaking in his boots over these cases, but I doubt he has given them 10 second thoughts. You may read he has “spent $800K defending them” Poppycock! He isn’t even a party to most of them and in those where he is a party he waived his right to respond.
It’s just childish tomfoolery.
All this is the last desperate gasps of the Right. It’s also a convenient cover for racism. And lots of it. All that racism invective abt people coming here in “hordes” and “armiess. When in fact, illegal immigration is dropping because the economy is so bad in the US it is not worth the danger or cost of the undocumented to come and work here. This fact makes it clear that the vast, vast majority of undocumented workers come ehre to work and send money home. They don’t come up here to have babies, or get “white women” preggers.
You don’t like an african american as president; try to make him a “foreigner”.
I did not even vote for Obama; but all this racism and Know-Nothing nativism is shameful.
Another Obama worshipper playing the race card. so sad
Kapi’olaani Hospital was originally opened by Queen Kapi’olani as the Kapi’olani Maternity Home in 1890. The hospital is the birthplace of Barack Obama, President of the United States. A plauqe is being made as “Birthplace of President Obama” to place in celebration at front of hospital.
call them (phone no. on iternet, I did, my daughter was born there in 1965, she recently got her BC (needed a passport) looks the same format as Obama’s
you Birthers probably think Elvis is alive and lives on Kawaii! Hawai officials covering it up!
Berg case is toast
Orly case in the toaster
22 denieds so far, how many denieds does it take for the Birthers to go to the dust bin of history?
hey rich, are u gay? if so, i want you
From the Constitutional Topics pages at the http://www.USConstitution.net site show following
Natural-born citizen
Title 8 of the U.S. Code Section 1401
Anyone falling into these categories is considered natural-born, and is eligible to run for President or Vice President.
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)
8. A final, historical condition: a person born before 5/24/1934 of an alien father and a U.S. citizen mother who has lived in the U.S.
* There is an exception in the law – the person must be “subject to the jurisdiction” of the United States. This would exempt the child of a diplomat, for example, from this provision.
#1 applies to Hawaii born Obama
#7 if Obama born elsewhere (Mother American)
“Why 50 Secretaries of State never bothered to check is problematic”
who told you that, Obama ordered his certificate in June of 2007, to meet the requirements from these certifiers.
look at a few example certs at:
http://www.scribd.com/doc/9344926/Hawaii-Dems-and-Repubs-Say-Constitutionally-Eligible
covers both Obama & McCain, there are signatures of officials you can sue if your idea is right, call the cops (but beware if they show up in white coats)
last “Obama” case on docket Lightfooy/Taitz
this one denied on 1/23/2009, oder listed at SCOTU on 1/26/2009
the Birthers keep losing, it seems they enjoy being losers. The Supreme Court doesn’t seem to be on the Birthers side. Just maybe those internet rumors are false
Overdone, overcooked, overblown, underfocused, poorly prioritized and grotesquely ridiculous. Did I leave anything out? Oh, yeah, plplplplplplp ! ! !
(That’s raspberries for “enough already”) “Clowns to the left of us, clowns to the right–and I’m stuck in the middle with you. . . .”
If I had known that Americans were going to go this nuts either way over Obama becoming President, I would have wanted myself to exile to France–if I could afford it–or hitch a ride by air or sea–to Paris–which for me–at least at this time–would be Paradise. “And oh! Auntie Em! There’s no place like home.”
In fact I’m so sick of all this tripe that I’m sick of talking about how sick I am over all this tripe. I go away now–Glinda! Can we see the horse of a different color again?
Hey; have any of you people noticed that the SCOTUS booted Orly Taitz’s Lightfoot case without comment. Next victim???