Supreme court ruling on Obama's eligibility for presidency

[xav]

http://tekgnosis.typepad.com/tekgnosis/2008/11/supreme-court-ruling-on-obamas-eligibility-for-presidency.html


Supreme court ruling on Obama's eligibility for presidency
http://origin.www.supremecourtus.gov/docket/08-570.htm

Supreme Court Of The United States (SCOTUS) Justice David Souter has agreed that a review of the federal lawsuit filed by attorney Phil Berg against Barack Hussein Obama II, et al., which was subsequently dismissed for lack of standing is warranted. SCOTUS Docket No. 08-570 contains the details.

A review of that docket and the Rule 10 of the Supreme Court makes abundantly clear that Justice Souter's granting of a review on the Writ of Certiorari is not a right entitled to citizen Phil Berg, but rather is a matter of judcial discretion based upon a compelling reason. That compelling reason is the Constitutional requirement that "No person except a natural born citizen ... shall be eligible to the office of President..."

What this means is that on or before 1 DECEMBER 2008 Barack Hussein Obama II must respond to the writ of certiorari, and since the Berg v Obama case hinged primarily on the question of Obama's place of birth, it is almost inconceivable that Barack Obama will thumb his nose at the Justices of the Supreme Court and he is absolutely compelled to provide a vault copy his original birth certificate.

Another very salient fact to consider at this time is that, despite all of the ****ouncements of the print and broadcast media, Barack Obama is not yet the President-elect of the United States. Barack Obama can only become the President-elect after the Electoral College convenes on 15 DECEMBER 2008 in their respective state capitals around the nation and casts their votes to elect the President and the Vice President. As you can see this election day occurs two weeks after the required response to the Supreme Court granted Writ of Certiorari.

The bottom line is this: the presidential election of 2008 remains an ongoing process, the outcome of which remains undetermined, and all talk about a potential Constitutional crisis in the United States are at least 36 days premature.

The inevitable constitutional crisis regarding President-elect Obama, of course, revolves around his inability (or unwillingness) to produce an authentic Hawaiian birth certificate with the raised certificate stamp that the Federal Elections Commission can independently verify.

Here are some of the unanswered issues hanging over the head of President-elect Barack Obama and the question of his American citizenship:

· The allegation that Obama was born in Kenya to parents unable to automatically grant him American citizenship;

· The allegation that Obama was made a citizen of Indonesia as a child and that he retained foreign citizenship into adulthood without recording an oath of allegiance to regain any theoretical American citizenship;

· The allegation that Obama's birth certificate was a forgery and that he may not be an eligible, natural-born citizen;

· The allegation that Obama was not born an American citizen; lost any hypothetical American citizenship he had as a child; that Obama may not now be an American citizen and even if he is, may hold dual citizenships with other countries. If any, much less all, of these allegations are true, the suit claims, Obama cannot constitutionally serve as president.

· The allegations that "Obama's grandmother on his father's side, half brother and half sister claim Obama was born in Kenya," the suit states." Reports reflect Obama's mother went to Kenya during her pregnancy; however, she was prevented from boarding a flight from Kenya to Hawaii at her late stage of pregnancy, which apparently was a normal restriction to avoid births during a flight. Stanley Ann Dunham (Obama) gave birth to Obama in Kenya, after which she flew to Hawaii and registered Obama's birth."

· The claim could not be verified by inquiries to Hawaiian hospitals, since state law bars the hospitals from releasing medical records to the public;

Even if Obama produced authenticated proof of his birth in Hawaii, however, the suit claims that the U.S. Nationality Act of 1940 provided that minors lose their American citizenship when their parents expatriate. Since Obama's mother married an Indonesian citizen and moved to Indonesia, the suit claims, she forfeited both her and Barack's American citizenship.

Do you think there is still a risk/chance this will develop and that Obama won't be allowed to take office?

[Createdeemcee]

Do you think there is still a risk/chance this will develop and that Obama won't be allowed to take office?

Nope, he will be there in full swing in late January.

[seraosha]

I heard some folks in the office talking about this yesterday and I just thought it was sour grapes. Huh, guess we'll find out.

[Bohemoth]

I am just suprised how difficult it seems to find out his birth location.
If there's doubt and he is unwilling to show his birth certificate, he must not become president.

[Merfeller]

I thought the State of Hawaii authenticated his birth records just before the election. Case closed if so.

[Stonewall71]

sore loosers.

[xav]

I thought the State of Hawaii authenticated his birth records just before the election. Case closed if so.

I know, it was even posted on his anti spin/conspiracy/bull website but I guess it is more complicated that that:



Even if Obama produced authenticated proof of his birth in Hawaii, however, the suit claims that the U.S. Nationality Act of 1940 provided that minors lose their American citizenship when their parents expatriate. Since Obama's mother married an Indonesian citizen and moved to Indonesia, the suit claims, she forfeited both her and Barack's American citizenship.


sore loosers.

I know, those suing him are probably what you say, on the other hand... laws are laws and if any of this is true, we're in for a huge nasty surprise and big drama that won't stop for a while... :|

[vryhpyammoadded]

If true, there will be a stink and Obama will go into office anyway. Meanwhile the Left will have plenty of opportunities to needle the right into a frenzy as the more emotional and melodramatic of the right will go bugsh*t crazy, scream and holler and carry on about how Obama stole the election. Same sh*t different election, just that the people in power on the hill, “will”, use every opportunity to bend the minority over the chair and drive them all the way to China. But that’s going to happen anyway.

Calm is good, leave the melodrama alone and let the administration and the Hill fight over who will be the one. Any airtime showing angry conservatives will only be leveraged as a distraction.

I’m beginning to think the biggest winner in all this will be Hillary. She’s got the perfect scenario to play the spoiler in all this if she’s savvy enough, and I think she is.

American politics are going to be oh so highly entertaining this executive term.

[Rokovak]

~~~Date~~~ ~~~~~~~Proceedings and Orders~~~~~~~~~~~~~~~~~~~~~
Oct 30 2008 Petition for a writ of certiorari before judgment filed. (Response due December 1, 2008)
Oct 31 2008 Application (08A391) for an injunction pending disposition of the petition for a writ of certiorari, submitted to Justice Souter.
Nov 3 2008 Supplemental brief of applicant Philip J. Berg filed.
Nov 3 2008 Application (08A391) denied by Justice Souter.
Nov 18 2008 Waiver of right of respondents Federal Election Commission, et al. to respond filed.I know next to nothing about the intricacies of the legal system, but does this mean this was thrown out?

[BearInBunnySuit]

I know, it was even posted on his anti spin/conspiracy/bull website but I guess it is more complicated that that:

"Even if Obama produced authenticated proof of his birth in Hawaii, however, the suit claims that the U.S. Nationality Act of 1940 provided that minors lose their American citizenship when their parents expatriate. Since Obama's mother married an Indonesian citizen and moved to Indonesia, the suit claims, she forfeited both her and Barack's American citizenship."

I know, those suing him are probably what you say, on the other hand... laws are laws and if any of this is true, we're in for a huge nasty surprise and big drama that won't stop for a while... :|

Unless she specifically renounced her citizenship, the mere fact that she married a foreign national and moved abroad does not strip her American citizenship so it seems like a moot point.

[LineDoggie]

This is retarded, issue has been decided. Bergs a nutter.....

[Merfeller]

If true, there will be a stink and Obama will go into office anyway. Meanwhile the Left will have plenty of opportunities to needle the right into a frenzy as the more emotional and melodramatic of the right will go bugsh*t crazy, scream and holler and carry on about how Obama stole the election. Same sh*t different election, just that the people in power on the hill, “will”, use every opportunity to bend the minority over the chair and drive them all the way to China. But that’s going to happen anyway.

Calm is good, leave the melodrama alone and let the administration and the Hill fight over who will be the one. Any airtime showing angry conservatives will only be leveraged as a distraction.

I’m beginning to think the biggest winner in all this will be Hillary. She’s got the perfect scenario to play the spoiler in all this if she’s savvy enough, and I think she is.

American politics are going to be oh so highly entertaining this executive term.

Couldn't agree with you more. Especially if Hillary accepts the Secretary of State post she will outshine Obama, in my opinion. I have no clue why Obama would even choose her. Either way, this will be fun to watch.

[Merfeller]

I know, it was even posted on his anti spin/conspiracy/bull website but I guess it is more complicated that that:





I know, those suing him are probably what you say, on the other hand... laws are laws and if any of this is true, we're in for a huge nasty surprise and big drama that won't stop for a while... :|

My goodness, just imagine the conspiracy theories that would be borne out of a denial of office. Won't happen, though. It would throw the country over the edge, for sure. Riot city.

[Euroamerican]

My guess is that the Obamunists knew this would be an issue, that it could be a technical disqualifier, and have to pay the piper now for having tried to bury the issue.

The issue could have been effectively used by a Democrat rival in the primaries but was not.

[Andrew Chalmers]

I know next to nothing about the intricacies of the legal system, but does this mean this was thrown out?

It means J. Souter denied an application for an injunction - would if approved, would have essentially barred Obama from taking office pending the resolution of the suit.

I'm not sure the 1940 Nationality Act controls - because the law was heavily amended by the INA 1952. In addition, even if the 1940 Nationality Act controls, it is most likely unconstitutional as applied in this case. Stripping a minor of his/her jus soli citizenship because of the actions of the parents is probably a violation of the child's due process.

[Chulo]

Unless she specifically renounced her citizenship, the mere fact that she married a foreign national and moved abroad does not strip her American citizenship so it seems like a moot point.
But you dont know that... so thats why they are reviewing it

[Hollis]

I heard some folks in the office talking about this yesterday and I just thought it was sour grapes. Huh, guess we'll find out.


My thoughts too. Gonna be interesting. While on the appearance this may seem to bode poorly for Obama, the Court may be using this case to clarify the rules of what exactly is a natural born citizen. It could support Obama's position that he is a natural born citizen.

All I can say now is, "Stay tune."

[Hollis]

Unless she specifically renounced her citizenship, the mere fact that she married a foreign national and moved abroad does not strip her American citizenship so it seems like a moot point.


The claim was based on being a expatriate, this may not be the same as renouncing one's citizenship. From what I read on this, it is all a murky issue. Again this may be why the Court is reviewing it, to make it clear.

[homegrowncat]

i heard that when he was living in Indonesia he traveled to Pakistan on an Indonesian passport. That could mean he was a "citzen" of Indonesia and the United States...duel citzens cannot be POTUS.

[BearInBunnySuit]

i heard that when he was living in Indonesia he traveled to Pakistan on an Indonesian passport. That could mean he was a "citzen" of Indonesia and the United States...duel citzens cannot be POTUS.

Ohhhhh...interesting.
But if that was before he was 18, I don't think it matters.

[homegrowncat]

Ohhhhh...but if that was before he was 18, I don't think it matters.


good point...but still something I would like to see flushed out.

[Andrew Chalmers]

Uh... where does it say that dual citizens cannot serve as POTUS? The constitutional qualifications only seem to say 1) natural born citizen, 2) at least 35 years old, and 3) having been a perm resident of the US for at least 14 years, 4) term limitations.

[Topper]

sore loosers.

Berg is a life long Dem. So he has already won. Republican's have nothing to do with this.:bash:

[homegrowncat]

"Uh... where does it say that dual citizens cannot serve as POTUS? The constitutional qualifications only seem to say 1) natural born citizen, 2) at least 35 years old, and 3) having been a perm resident of the US for at least 14 years, 4) term limitations."



You have a point...I have not looked at the constitution recently. However, i do know that if you have duel citizenship you can't hold a security clearence...I have several friends who are first generation American's but work for the government and cannot hold a clearance because of duel. If they were solely American citizens, there would not be a problem.

[LineDoggie]

sore loosers.


I think you Mean "losers" but I dont feel like checking to see how loose he is.


In the Meantime, Educate yourself:

http://en.wikipedia.org/wiki/Phillip_J._Berg

http://archive.democrats.com/view.cfm?id=5348

Phillip J. Berg is a Democrat, Hillary Clinton fanatic

[szr]

the Court may be using this case to clarify the rules of what exactly is a natural born citizen.Exactly what I was thinking. If anything comes out of this at all it will be a clarification of some law that maybe could use some clarification. Not a bad thing, imo.

[homegrowncat]

^^^^^

I also just checked my pocket constitution (yes, I'm a nerd) and the requirement for President just says "citizen". I think Andrew Chamlers may have me. No where can I find anything the doesn't allow dual citizens to not hold elected office in the United States federal government. hopefully the courts can clear that up also.

[RECON DOC]

^^^^^

I also just checked my pocket constitution (yes, I'm a nerd) and the requirement for President just says "citizen". I think Andrew Chamlers may have me. No where can I find anything the doesn't allow dual citizens to not hold elected office in the United States federal government. hopefully the courts can clear that up also.


The Constitution is very clear.
http://www.consource.org/index.asp?sid=28&taxlist=112

[budgie]

laws are laws and if any of this is true, we're in for a huge nasty surprise and big drama that won't stop for a while... :|


For chrissakes this has been done to death already. Not mad at you, Xav, but the election is over and Obama won and it sounds like people are still a little hopeful Obama will be disqualified over some BS citizenship allegation.

Birth Cert authenticated. Case closed. Get over it.

I hope it's plain to see how ugly this campaign season was by now. It seems to me that in the last eight years American contests have devolved from, "I can do a better job of leading" to "The other guy isn't even fit to call himself a citizen."

And so many here have so easily lapped up the anger and hate and participated in spreading it around. Not surprised Popeye had enough.

[Winger]

For chrissakes this has been done to death already. Not mad at you, Xav, but the election is over and Obama won and it sounds like people are still a little hopeful Obama will be disqualified over some BS citizenship allegation.

Birth Cert authenticated. Case closed. Get over it.

I hope it's plain to see how ugly this campaign season was by now. It seems to me that in the last eight years American contests have devolved from, "I can do a better job of leading" to "The other guy isn't even fit to call himself a citizen."

And so many here have so easily lapped up the anger and hate and participated in spreading it around. Not surprised Popeye had enough.

The birth certificate matters not. His mother was a citizen and as long as she lived in the US at least 14 years, she got pregnant at 17, he's free and clear. Now, if the mother didn't have 14 years in the US at the time of his birth there might be a case but who really cares?

Disqualify him just and Biden can take over? No way man, no way.

[seraosha]

For chrissakes this has been done to death already. Not mad at you, Xav, but the election is over and Obama won and it sounds like people are still a little hopeful Obama will be disqualified over some BS citizenship allegation.

Birth Cert authenticated. Case closed. Get over it.

I hope it's plain to see how ugly this campaign season was by now. It seems to me that in the last eight years American contests have devolved from, "I can do a better job of leading" to "The other guy isn't even fit to call himself a citizen."

And so many here have so easily lapped up the anger and hate and participated in spreading it around. Not surprised Popeye had enough.

pot.kettle

Honestly, at this point no one on these forums that has participated on the political threads has any leg to stand on when it comes to claiming the high road at this point, so spare me the indignation. People that make a public "I'm leaving" post are knuckleheads, because they almost always come back...although I agree that I miss popeyes posts too.

Everyone take a few deep breaths and see how this plays out...if it's BS it will be readily apparent long before Obama is sworn in, and it's just sour grapes. But if there is even a shred of supporting argument, it deserves to be heard and any attempt to shout it down just proves the point that so many of the non-Obama supporters have been making from the start regarding the messianic cult following that Obama has.

So anyone trying to claim the final word on the subject is premature, at best.

[Calanen]

I thought the State of Hawaii authenticated his birth records just before the election. Case closed if so.

Not really. The State of Hawaii permits a mother to register a birth in Hawaii if she was resident in Hawaii within 1 year of the birth. So, she could have actually been in Kenya, given birth to Obama there, and returned on the plane with him and registered the birth. If this happened, while he would lawfully be a citizen, he is not a natural born citizen of the USA, the precondition for Presidency.

What needs to happen is, all of the passport records and incoming and outgoing departure records for his mother need to be provided for the periods a year before and after his birth date. That way, we can see, was his mother in the USA or not. The birth certificate, given Hawaii's ability to belatedly register births, is not conclusive.

It is important that *every* candidate proves conclusively without a shred of a doubt that they have the right to run for President. "Trust me I'm fine.' just isnt good enough.

[budgie]

Not really. The State of Hawaii permits a mother to register a birth in Hawaii if she was resident in Hawaii within 1 year of the birth. So, she could have actually been in Kenya, given birth to Obama there, and returned on the plane with him and registered the birth. If this happened, while he would lawfully be a citizen, he is not a natural born citizen of the USA, the precondition for Presidency.


It still seems pretty petty all the same to try and disqualify the man after winning the election based on some antiquated law about parents' residency. His mother was a US citizen when he was born and apparently he was born on US soil, so why do the sore losers have to dig for technicalities?

[Calanen]

It still seems pretty petty all the same to try and disqualify the man after winning the election based on some antiquated law about parents' residency. His mother was a US citizen when he was born and apparently he was born on US soil, so why do the sore losers have to dig for technicalities?

It's not a technicality, it's the law. We don't know the bold bit yet. All he has to do is have the international departure record provided, and the original vault copy of his birth certificate, case closed end of story.

I tend to think however, that he must have been born in the USA. Why? Because if he wasnt, the Bush Administration would have pulled the departure record to check, and if it said something suspect around his birth date, they would have leaked it 'anonymously' in the lead up to the election. They must have checked it and found it to be clean. The Feds pull departure dates and records all the time, you only need a pretty low level clearance to get them.

Why he isnt just providing the documents is the more difficult question.

[iLikeFlickerstick]

What if the Bush Administration did find out he was born abroad and decided that it didn't matter as long as the media and the people liked him. You know that at the top, both parties work together to protect the 'franchise'. Anyways, Bush is about as big a 'globalist' as they've come so far, so why should he really care where Obama was born? Bush doesn't strike me as a man that holds American Constitutional law in high regards anyways.

Maybe Obama was in fact born in Kenya. or maybe it was in Asia somewhere. It's very possible. I have a pretty international family and have close relatives from my immediate family that were born all over the place.

Not to mention that in a global marketplace, it kinda makes sense since America affects the world more than any other nation. And the interests that Bush represented were definitely global.

[BearInBunnySuit]

I'm not sure what to make of this given the nature of the radio show but for what it's worth, here is a phone call to the Kenyan ambassador to the U.S. by "Mike in the Morning" on Obama's birth. Comments are somewhere around 12:30 minutes.
Personally, I think the ambassador didn't quite understand the nuance of the question.

http://my.wrif.com/mim/?p=916

P.S. These guys on the radio are tards, IMO.

[xav]

Apparently we will have a definite answer tomorow

Suit contesting Barack Obama's citizenship heads to U.S. Supreme Court Friday
http://www.chicagotribune.com/news/politics/obama/chi-obama-birth-certificatedec04,0,664988.story

If you need to be reminded why it is going to court:
Obama Birth Certificate: SCOTUS Conference Set for Tomorrow
http://www.bloggernews.net/118867

[xav]

Well, at last, this should settle it:

Supreme Court declines to hear challenge to Obama's citizenship



By MICHAEL DOYLE
McClatchy Newspapers

WASHINGTON -- President-elect Barack Obama's January inauguration is still good to go, after the Supreme Court on Monday declined to hear a long-shot challenge to his electoral eligibility.
http://www.miamiherald.com/news/politics/AP/story/804684.html
Without comment, the court brushed off a lawsuit claiming Obama didn't meet the Constitution's citizenship requirements. The move undercuts but doesn't end a legal campaign that's gotten far more traction on the Internet than in the courts.

Justices must still dispose of at least one other legal challenge to Obama's eligibility. Promoted on Web sites and in the conservative media, the various challenges differ somewhat in detail but build on common questions and insinuations about the circumstances of Obama's birth.

"Since candidate Obama was born to a Kenyan father, he is not eligible to the office of the President since he is not a natural born citizen," said retired attorney Leo C. Donofrio in his petition to the Supreme Court.

Obama was born in Hawaii. His mother was a U.S. citizen and his father, a native of Kenya, was a British subject.

While the Obama team has largely dismissed questions about his citizenship, the persistence of the questions drove the campaign in June to make public his birth certificate. It shows, among other things, that he was born in a Honolulu hospital at 7:42 p.m. on Aug. 4, 1961.

Anyone born on U.S. soil is a U.S. citizen, regardless of his or her parents' immigration status. Hawaii has been a state since 1959.

"Smears claiming Barack Obama doesn't have a birth certificate aren't actually about that piece of paper, they're about manipulating people into thinking Barack is not an American citizen," said an Obama Web site created during the campaign to counter misinformation about the candidate.

Some conservative activists haven't been convinced. They've been paying for ads, including a full-page missive that appeared Nov. 17 in the Washington Times' national weekly edition, and they've been filing multiple lawsuits.

Donofrio, who lives in East Brunswick, N.J., initially asked the high court for an emergency stay on Nov. 3. Justice David Souter denied the request three days later. Donofrio then resubmitted his request to Justice Clarence Thomas, who passed it along for consideration by the full court.

On Friday, meeting in their traditional closed-door conference, the nine justices gave some consideration to the case, Donofrio v. Wells.

It takes at least four Supreme Court justices to agree for a case to be put on the schedule for a complete hearing. On Monday at 10 a.m., the court issued its standard written list of orders identifying Donofrio v. Wells as one of about 300 cases that won't be heard any further.

Next up will be a separate lawsuit filed by Pennsylvania attorney Philip J. Berg. Berg, a former state deputy attorney general, also has filed several conspiracy lawsuits - including one alleging that President George W. Bush had a hand in the Sept. 11, 2001, terrorist attacks.

A federal judge in Eastern Pennsylvania threw out Berg's lawsuit in October, saying that he lacked legal standing to bring the challenge since he couldn't show he faced individual harm even if he could prove his claims about Obama's citizenship. The judge didn't get to the point of weighing the substantive merits of Berg's claim.

"If, through the political process, Congress determines that citizens, voters or party members should police the Constitution's eligibility requirements for the presidency, then it is free to pass laws conferring standing on individuals like (Berg)," U.S. District Judge R. Barclay Surrick wrote. "Until that time, voters do not have standing to bring the sort of challenge that (Berg) attempts to bring."

Surrick was appointed to the federal bench by former President Bill Clinton.

[shocker1]

All this about Obama is just bull****. However the shady logic and arrogance of the quote below , shows the utter contempt our public servants have for "voter". The American People have the standing to challenge perceived violations of the Constitution. Anyway hope this is the end of this.

"If, through the political process, Congress determines that citizens, voters or party members should police the Constitution's eligibility requirements for the presidency, then it is free to pass laws conferring standing on individuals like (Berg)," U.S. District Judge R. Barclay Surrick wrote. "Until that time, voters do not have standing to bring the sort of challenge that (Berg) attempts to bring."

[Andrew Chalmers]

All this about Obama is just bull****. However the shady logic and arrogance of the quote below , shows the utter contempt our public servants have for "voter". The American People have the standing to challenge perceived violations of the Constitution. Anyway hope this is the end of this.


Sorry - but that the judge is not being arrogant or using shady logic. Just applying constitutional law.

To have constitutional standing, you have to demonstrate there is an injury in fact (concrete & particularized) of some judicially protected interest, and that the defendant's conduct must be the cause of the injury, and that federal courts must be able to redress the harm.

As an individual voter or a member of the American People - you do not have standing to challenge whether the president elect is eligible for the office; because there is no concrete & particular injury to you.

Someone like John McCain would have a concrete & particular injury (he could have filed a suit to knock him off the ballot); but not you.

[LineDoggie]

sore loosers.
They could be tight, who knows

[shocker1]

Sorry - but that the judge is not being arrogant or using shady logic. Just applying constitutional law.

To have constitutional standing, you have to demonstrate there is an injury in fact (concrete & particularized) of some judicially protected interest, and that the defendant's conduct must be the cause of the injury, and that federal courts must be able to redress the harm.

As an individual voter or a member of the American People - you do not have standing to challenge whether the president elect is eligible for the office; because there is no concrete & particular injury to you.

Someone like John McCain would have a concrete & particular injury (he could have filed a suit to knock him off the ballot); but not you.
That is ridiculous. So me a US Citizen has no injury because a President elect could be ineligible? You mean the chaos and political turmoil will not effect me. Judge is wrong, this whole situation is wrong. We should not have to have an act of Congress to make sure the President elect who has already won the election as designated by the "elect" is eligible to be President. One wold think that was part of the application, no?

Yes, if he is in fact ineligible you can bet we will all be injured, economically, our security and our political system. Really it would shake us all to the core and cause more problems than we could imagine. So your argument that me the voter is unaffected by such a thing as an ineligible President elect is just being dismissive and bias.

Now let's move on, Obama won and if any of this were true about him it would have come out.

[Andrew Chalmers]

That is ridiculous. So me a US Citizen has no injury because a President elect could be ineligible? You mean the chaos and political turmoil will not effect me. Judge is wrong, this whole situation is wrong. We should not have to have an act of Congress to make sure the President elect who has already won the election as designated by the "elect" is eligible to be President. One wold think that was part of the application, no?

I'm not making the argument - I'm just telling you what US constitutional law requires. Don't shoot the messenger.

http://en.wikipedia.org/wiki/Standing_(law)#Constitutional_requirements

It might be a surprise for you - but not every portion of the US Constitution is enforceable by a private citizen in court. The President can for example - refuse to faithfully executed a piece of legislation already signed into law. Is it unconstitutional? Probably, as the President is supposed to faithfully execute the law; but is it judicially enforceable? Not always.

http://en.wikipedia.org/wiki/Political_question_doctrine

Again - don't knee jerk the messenger.

[budgie]

I am just suprised how difficult it seems to find out his birth location.
If there's doubt and he is unwilling to show his birth certificate, he must not become president.


His birth location is there in black and white but certain types are refusing to believe it. It's not hard to find at all, they just refuse to accept the Birth Cert and insist on suggesting there's some sort of cover-up. It's pathetic.



Anyone born on U.S. soil is a U.S. citizen, regardless of his or her parents' immigration status. Hawaii has been a state since 1959.


Obama was born in Hawaii. His mother was a U.S. citizen and his father, a native of Kenya, was a British subject.

While the Obama team has largely dismissed questions about his citizenship, the persistence of the questions drove the campaign in June to make public his birth certificate. It shows, among other things, that he was born in a Honolulu hospital at 7:42 p.m. on Aug. 4, 1961.


Now the right wing media - and especially the bloggers over at Stomfront et al - want to keep insisting this isn't so. They cling to all kinds of myths from his mother (a citizen regardless) not being 'resident' for long enough, to his campaign refusing to release the birth certificate (it has been made public). It seems to me that far from any cover up on the Obama campaign's part there is in fact an active propaganda campaign on the part of the Right-wing media and blogging community to deny the truth. Only a fool would subscribe to their nonsense.

[Hollis]

Budgie before you start evoking the stormfront idiots maybe you need to slow slow down.


Supreme court ruling on Obama's eligibility for presidency
http://origin.www.supremecourtus.gov/docket/08-570.htm

Supreme Court Of The United States (SCOTUS) Justice David Souter has agreed that a review of the federal lawsuit filed by attorney Phil Berg against Barack Hussein Obama II, et al., which was subsequently dismissed for lack of standing is warranted. SCOTUS Docket No. 08-570 contains the details.I doubt that Justice David Souter is a member of storm front or a idiot.

Now, there may be many reason why the court wanted to review this. Maybe to set a ruling on what is or is not a natural born citizen. This ruling may in no way effect the President Elect, but just make thing like this issue, more clear and easier to understand.

[len173]

If they even attempted to deny him office in January, the American people would make the Rodney King Riots look like childs play. Berg should just get the hell over it, they lost!

[budgie]

Obama will be found a US citizen. Those who aren't happy with that will just have to suck on it.

[Chulo]

Obama will be found a US citizen. Those who aren't happy with that will just have to suck on it.
there are rules and laws for a reason. even if the conclusion is a expected, the rules must be played out.
If the supreme court found some reason to look into it, then there must be some reason to look into it.

You make it sound like anyone that does not agree with Obama, or question him is an idiot and have no grounds to question him.

[Jobu]

You make it sound like anyone that does not agree with Obama, or question him is an idiot and have no grounds to question him.


They get all butthurt when anyone dares question the Obama (pbuh).

[gaijinsamurai]

Just like you got all Butthurt that voters didn't fall for all talk about him being Arab and Muslim, making a point of his middle name, and saw Palin forn the idiot she is.

[Chulo]

Just like you got all Butthurt that voters didn't fall for all talk about him being Arab and Muslim, making a point of his middle name, and saw Palin forn the idiot she is.
yes, im sure the Supreme court has some bone to pick with Obama because of all the name calling during the elections. Souter took it very personally

[Jobu]

Just like you got all Butthurt that voters didn't fall for all talk about him being Arab and Muslim, making a point of his middle name, and saw Palin forn the idiot she is.

I point out his middle name because I find it amusing. We killed one Hussein and elected another. It's a great historical irony.

I don't believe I ever said anything about him being Muslim or an Arab. In fact, I'm pretty sure I stuck to his horribly socialist/liberal policies in the vast majority of my arguments against his candidacy. Try again.

Palin is still a milf. I dig that.

[gaijinsamurai]

I point out his middle name because I find it amusing. We killed one Hussein and elected another. It's a great historical irony.

I don't believe I ever said anything about him being Muslim or an Arab. In fact, I'm pretty sure I stuck to his horribly socialist/liberal policies in the vast majority of my arguments against his candidacy. Try again.

.

Actually, the Iraqis killed one Hussein. We killed two: his sons. Get your facts right, troll.

And, when did I ever say that you said anything about being a Muslim or Arab? Once again, you fail to do your homework.

[gaijinsamurai]

Actually, as rediculous as it is, I welcome this inquiry, as it will, in the end, only serve to make the right-wing conspiracy nuts look even more foolish.
Of course, there will still be some who continue to believe he travelled to Pakistan on an Indonesian passport, is a secret Muslim, etc.

I've got my issues with Obama as well, but at least they're legitimate.

[Andrew Chalmers]

Of course, there will still be some who continue to believe he traveled to Pakistan on an Indonesian passport, is a secret Muslim, etc.


The funny thing is - even if he was a dual national or even has three nationalities - it does not affect whether he is a "natural born citizen." While the Supreme Court has never ruled on what exactly natural born citizen means, whether it means born on US soil, or having acquired citizenship at birth... one does not lose natural born citizenship because of acquiring a foreign nationality.

[Chulo]

Actually, as rediculous as it is, I welcome this inquiry, as it will, in the end, only serve to make the right-wing conspiracy nuts look even more foolish.
Of course, there will still be some who continue to believe he travelled to Pakistan on an Indonesian passport, is a secret Muslim, etc.

I've got my issues with Obama as well, but at least they're legitimate.
its funny how whats right, whats wrong, what legitimate and whats stupid are only based on your definitions.

Basically you are calling this case stupid and an illegitimate question. Your opinion superseding the supreme court, since they believe there is some legitimate question of law.
But lets just let the past be in the past and let this one run its course. There are way smarter people than you or me on it.

[Jobu]

Actually, the Iraqis killed one Hussein.

Yea, our country had nothing to do with it....:roll:

[Hollis]

I guess a lot people are assuming this is about Obama. It can be very possible that it is not about Obama and will not effect Obama one way or the other.


The Court can call up a case for review. They maybe interested in looking into the elements of that case, not the merits. The elements of a case is what defines presidential case law. From a ruling other courts and lawyer can review the elements of the case and help them to decide whether a new case can use that ruling. (BTW all layman terms).


What this may mean, the Court wanted to better define the law what it means to be a natural born citizen, not whether or not Obama is. This has come up several times, even for McCain. It maybe wishful thinking on behalf of some to think this will disqualify Obama.

That's make take on this.

If I was a betting man, I would say come January 22nd (?) Obama will be inaugurated as President of the US.

So, let's not re-fight the Election of 2008.

[Hollis]

Actually, as rediculous as it is, I welcome this inquiry, as it will, in the end, only serve to make the right-wing conspiracy nuts look even more foolish.
.


Nuts on both sides, like making themselves look more foolish. Maybe there is a lot of anxiety over this in both camps. Seems like both pro and anti-Obama people are getting their knickers all twisted up.

[Red]

Pretty funny

http://www.slate.com/id/2206033/

[budgie]

there are rules and laws for a reason. even if the conclusion is a expected, the rules must be played out.
If the supreme court found some reason to look into it, then there must be some reason to look into it.

You make it sound like anyone that does not agree with Obama, or question him is an idiot and have no grounds to question him.


Not anyone who questions Obama over anything at all, no.

But this citizenship 'issue' is just another chapter in the slander campaign and I'm surprised Obama's detractors have dredged up enough false evidence and innuendo to even get any attention from the Supreme Court.


Actually, as ridiculous as it is, I welcome this inquiry, as it will, in the end, only serve to make the right-wing conspiracy nuts look even more foolish.


Hear Hear.

[Chulo]

Not anyone who questions Obama over anything at all, no.

But then someone who as not questioned Obama over other issues then questions this would still be put in the same boat. If this was the only issue that someone would question Obama while not caring for any other issue like his religion or associations the same blanket statement is used.

[budgie]

I stand by my assertion that this is another one of those character assassination attempts. Even if it is shot down by the supreme court but will have achieved its purpose: "questions" about Obama's "citizenship" will remain. In other words those who wish to cling to the belief that some durned furriner is in the White House will do so.

That will put them in the same boat as the ones who won't let go of the idea that he's a Muslim or an Arab or some other sort of un-American plant.

Furthermore they'll raise this "unanswered question" (as they will continue to assert it has never been answered to their satisfaction) whenever they take issue with his policies, and this garbage will still be floating the blogoshpere in four years' time when he runs for re-elction. It'll be "...And remember that birth certificate question?" Sorta proves the mantra that if you repeat a lie often enough it becomes the truth.

Who here then, wishes to stand and count themselves among those sad remnants whining about the birth certificate "issue" in 2012?