On October 20, U.S. District Court Judge Jerome Simandle, a Bush Sr. appointee, ruled that plaintiffs in Kerchner v Obama do not have standing to pursue their claim that President Obama does not meet the constitutional qualifications to be President. The decision is eleven pages long and says that the two plaintiffs, who are retired military officers, have no more stake in the matter than any citizen of the U.S. “The injury, if any, suffered by Plaintiffs is one that would be shared by all the American people.” The case is !;09-cv-253-JBS, and had been filed on January 20, 2009.
Ballot Access News
Edited By Richard Winger
So who has standing. A class action suit because we are all effected?
Simandle says nbc eligibility is a political question and not a judicial question.
#1-In case you missed it, there was an election about a year ago. Anyone who cared to vote had their say. As I recall from Civics 101, it works like this:
-the candidates campaign
-the voters judge them
-the winners get a period in which they are supposed to govern
Rinse and repeat every 4 years.
Jerry; You forgot one . Before the candidate campaigns he files with the secretary of state . The s.o.s. is supposed to check to see that the candidate is qualifide . I personally think he is a natural born citizen . But tell me why he just doesn’t show his long form birth certificate and and end this issue ???????????? sure makes people wonder? But the issue here is who has standing? If the people don’t and the military doesn’t ( by the way they take an oath to protect and defend the constitution ) WHO DOES ?
As far as the rinse and repeat, we have been doing a lot of repeat . But we have not done any rinsing for a long time, we seem to have troubles rinsing the democrats and republicans out of the fabric
@ Larry Reinsch: You nailed it!!
The EVIL party hack APPOINTED Supremes started the *standing* stuff in the 1920s.
Result — the TYRANNY in the U.S.A. regime — possible unconstitutional major officers in the U.S.A. regime, undeclared wars, illegal spending, nearly dead States, etc. — just like the ROT in the Roman Republic in 120 B.C. – 27 B.C. — when Augustus Caesar took over the R.R. regime as absolute tyrant – emperor.
NO such thing as a *political* question — except in the EVIL minds of the party hack Supremes.
EVERY act or omission is legal or illegal at all times and places.
See Art. VII of the nearly dead U.S.A. Constitution —
The Ratification of the Conventions of nine States, shall be sufficient for *** the Establishment of this Constitution between the States *** so ratifying the Same.
==== a TREATY type statement among equal NATION-STATES — replacing the 1777 Articles of Confederation — quite ILLEGALLY, of course.
NC and RI regimes held out — but caved in after threats were made to have them deemed *foreign* nations.
VT (Republic – an independent NATION-STATE) was admitted as State 14 in 1791.
TX (Republic – an independent NATION-STATE) was admitted as a State in 1845.
Standing in any STATE to enforce every word in the Constitution ??? Duh.
Why would someone spend over $1.3 million to hide nothing?
#8-Try to be serious. What is the evidence (not some blog post) for that number? There is none. All the defendants have done is file a Motion to Dismiss and they use the same one in all the cases. A second year law student could write them.
#4-There is no long form in Hawaii (or most states). Try this experiment-write to your birth state and ask for a b.c. $100 says you get a form that looks exactly like Obama’s. I know because I did this for my daughter recently. That is the only legally valid form; the one with footprints from the hospital is a souvenir only.
The real issue is whether elected leaders should be chosen by the people, as is supposed to happen in a democratic republic or selected by judges as happens in Florida in 2000 or in Iran (Council of Mullahs). It’s not really about standing, but about the proper role of courts. If you have valid reasons why an elected president should be removed from office, then there is an impeachment process.
Selecting presidents by mullahs doesn’t work well in Iran and having judges select them won’t work well here.
9 –
I got mine from New York several years ago (in order that I might apply for a passport, as I recall).
Drat! It’s a “short form” certificate. Embossed with a seal, but it isn’t the gold seal “long form” certificate birthers crave so.
So…where do I go now? Maybe one of those super-patriot birthers can help…?
slavery was certainly a political question in the 1800’s (and 1700’s) and a civil war was partcipitated to settle the issue.
You know my wife ordered her birth certiciate from Ohio a few years back and it has even less info than Obama’s. (Not to mention that the person listed as the father on the certificate was her mothers’ ex-husband and not even her father. The hospital just wanted something put in that line, so they took down the ex-husbands name.)
Was she born?? Is she even human?? Perhaps Orly has the answer. I’m sure confused!!
train111
#11 And your point is? The courts also failed to resolve slavery (Dred Scott). Slavery was the critical national issue for a century, discussed in every newspaper constantly and by every scholar and leatned person. it critically touched the lives of a large segment of the population.
This bc nonsense is of real interest only to a few cranks on the internet. Even that segment who tell pollsters they “Don’t know where the President was born” are largely extreme-rightists who would oppose this President if he had video of his birth in Times Square in front of 20,000 people.
Elecrions are not forever, but for a limited term. When your side loses, even if you think you were robbed (i.e., Florida 2000) you get to try again next time. Both parties (and 3rd and 4th parties also) need to stop trying to overturn elections in court. No one likes a sore loser….
#13 See the very ancient QUO WARRANTO proceeding testing the legality in court of persons holding public offices — by what warrant do you hold your public office ???
Q.W. has been replaced by the standard civil action.
Will Electors-Voters in ALL parts of the U.S.A. now have NO standing to challenge the qualifications of ANY allegedly elected U.S.A., State or local office holders — U.S.A. Reps, U.S.A. Senators, State reps, State Senators, State Guvs, State A.G.s, etc. etc. ???
EVIL madness / corruption in the EVIL party hack appointed courts ??? Duh.
Are New Age govt types even more arrogant EVIL worse than the old divine right of kings/queens types — the blatant old time monarchs / oligarchs ???
NO memory of Hitler in Germany in 1933-1945 — putting a MONSTER into a public office can KILL MILLIONS (now BILLIONS) ???
For the history ignorant — the very old and senile Prez Hindenburg APPOINTED Hitler to be Prime Minister of Germany in Jan 1933. Prez H died in 1934 and Hitler combined the offices.
Result – World War II in 1939-1945 — about 70 Million dead humans worldwide — much of the property in Europe and east Asia destroyed.
#14- Here’s some Latin for you-Reductio ad hitlerum.
http://en.wikipedia.org/wiki/Reductio_ad_Hitlerum
You are a persistent offender. You owe an apology to all victims of the Holocaust, as your invocation of Hitler in regard to every petty dispute in US politics (in which no Hitler-like figure is or was present) is patently offensive to their memory.
I am betting you are too stupid/cowardly to apologize. Prove me wrong.
Re: “But tell me why he just doesn’t show his long form birth certificate and and end this issue ??”
He has posted the official birth certificate of Hawaii, and it is the only birth certificate that Hawaii currently sends out to anyone. (http://www.starbulletin.com/columnists/kokualine/20090606_kokua_line.html)
Of that birth certificate, the Wall Street Journal commented: “Obama has already provided a legal birth certificate demonstrating that he was born in Hawaii. No one has produced any serious evidence to the contrary. Absent such evidence, it is unreasonable to deny that Obama has met the burden of proof. We know that he was born in Honolulu as surely as we know that Bill Clinton was born in Hope, Ark., or George W. Bush in New Haven, Conn.”
Re: “Why would someone spend over $1.3 million to hide nothing?”
He didn’t. He has shown the official birth certificate of Hawaii. NONE of the lawsuits against Obama was just for the birth certificate. Most did not even ask that Obama provide it to the court. Before the election the cases, which are still the vast bulk of the cases, were to stop the election. After the election the bulk of case were to stop the Electoral College, stop the certification of the election or stop the Inauguration. The few remaining cases ask for such things as Obama’s kindergarten records and his housing records when he was in college. We all have the right to privacy for such things.
In any case, it is not true that Obama spent what you said to prevent us from seeing his birth certificate. In fact, Obama was the first president to show a birth certificate. He posted the official birth certificate of Hawaii, and the facts on it were twice confirmed by the officials in Hawaii.
http://puzo1.blogspot.com/
has the paperwork in the case.
THE question is the status of Obama with his father being a British regime subject/citizen when Obama was born — whereever Obama was born.
The pre-school constitutional law MORONS on this list can try and learn something.
Sorry – NO apology to any constitutional law MORONS on this list or any other list.
#18-You are both too stupid AND too cowardly to apologize for insulting the memory of the victims of the Holocaust by your comparison of every petty nonsensical dispute to their annhilation.
I don’t care about Obama’s parents, but I pray that you are not anyone’s parent, because they would have to truly be ashamed of their father. What a truly pitiful excuse for a human being you are.
Only MORONS would think that I somehow insulted the *memory of the victims of the Holocaust*.
Election laws MATTER — especially in greatly reducing the chances that Stalin and Hitler clones getting into ANY major public office.
Sorry – NO apology for trying to prevent Western Civilization from being destroyed by MORONS — especially any Donkey and Elephant fanatic MORONS on this list.
Well you would certainly know what MORONS think, since you are the prime example of one.