to question, or investigate, an obvious non-American Communist, friend of terrorists, seizing the office of POTUS.
Posted on 11/01/2008 1:55:10 PM PDT by thekansascitian
Lots of news on Barack Obama's citizenship status.
First, the third circuit court of appeals has rejected Philip J. Berg's appeal. The judge in the case upheld the lower court ruling on Berg's lack of standing.
DENIED. For the reasons ably expressed by the District Court —and not addressed in Plaintiff-Appellant’s Emergency Motion— it appears that Plaintiff-Appellant lacks standing to challenge Senator Barack Obama's candidacy for the Presidency of the United States. Accordingly, Plaintiff-Appellant has not shown a likelihood of success with respect to his appeal.
A similar case in Ohio has been tossed out. The judge ruled the onus of proof is on the plaintiff to prove Obama is not a natural-born citizen and not on Obama to prove he is.
“The onus is upon one who challenges such public officer to demonstrate an abuse of discretion by admissible evidence – not hearsay, conclusory allegations or pure speculation,” Hasselbach wrote in his decision .
David M. Neal, the plaintiff, wrote on his website that when he enrolled his child in public school he had to produce a birth certificate for his son to prove eligibility... "[Barack Obama] is running for president of the United States." the implication being the applicant bore the onus to prove citizenship and not the school to prove non-legal status.
Finally, the Associated Press is reporting that Hawaii officials declared Barack Obama's birth certificate as genuine. But that's not exactly what the Hawaii officials said.
Dr. Chiyome Fukino said today she and the registrar of vital statistics, Alvin Onaka, have personally verified that the health department holds Obama's original birth certificate.
A statement of fact of which we already knew. The question is not whether they have his original certificate, but whether that certificate indicates he was actually born in the U.S. and not born the child of a Hawaiian citizen abroad. The latter of which is what has been alleged by Philip J. Berg based on an eyewitness account of Obama's birth in Kenya from his paternal grandmother.
We know Dr. Fukino did not actually see Obama's birth certificate, because "she says state law bars release of a certified birth certificate to anyone who does not have a tangible interest." Emphasis added.
If Barack Obama ultimately wins on Tuesday, this issue is not going to go away without the official "vault" birth certificate being produced. Arguments that the people do not have standing to enforce the Constitution sets a dangerous president and requiring challengers to bear the burden of proof when the Constitution specifically requires natural-born status of presidential candidates creates a constitutional crisis that patriots simply can not allow.
Of course this entire issue would go away if Barack Obama would simply authorize the release of the document. Why does he continue to fight this issue and not just put it to rest?
Didn’t Hawaii just release his BC????
NO!
No, They sealed it.
It sure appears as though Americans not longer have “standing” in our “courts.” I guess illegal aliens and Islamofascist terrorists took up all the “standling” places.
Put a fork in it, this one’s done.
who the hell has standing then? the FEC? It is ridiculous that a citizen does not have standing to ensure that the person running for the presidency is qualified.
To have standing you must suffer a definite and substantial harm, and it must be reperable only by the action sought. I don’t see how making sure that the leader of a democratic (well technically democratic-republic) system is answerable to his citizens does not constitute a harm, nor how making him present the BC does not fix it
and no, HI didn’t release anything. What they said doesn’t mean anything.
There are three constitutional standing requirements:
Injury: The plaintiff must have suffered or imminently will suffer injury - an invasion of a legally protected interest which is concrete and particularized. The injury must be actual or imminent, distinct and palpable, not abstract. This injury could be economic as well as non-economic.
Causation: There must be a causal connection between the injury and the conduct complained of, so that the injury is fairly traceable to the challenged action of the defendant and not the result of the independent action of some third party who is not before the court. Massachusetts v. Environmental Protection Agency (global warming caused by EPA’s refusal to regulate carbon dioxide emissions satisfied element of causation for Massachusetts’s alleged injury of loss of coastland).
Redressability: It must be likely, as opposed to merely speculative, that a favorable court decision will redress the injury.
A little late on old news. It’s being appealed to the Supreme Court.
The XX Amendment Section 3 says, "if the President elect shall have failed to qualify". That tells me that once a person has been elected to be President, then it is incumbent on the President elect to prove he is Constitutionally qualified.
Perhaps that's when he can be challenged and forced to prove he is qualified.
The FEC already weighed in and said they don’t have standing. Apparently we the people no longer have a say in making sure our constitution is upheld.
No fears, the politburo is making the right choices for us comrades.
Hmmm any idea why the FEC disavowed it? what is the point of it if not to enforce the election laws?
How can a person verify something if they have not seen it?
That does not make sense.
Obama needs to release his bc. McCain has. We should not elect a person to be POTUS if they can not prove they are a citizen of the US.
The courts are wrong. They should be held accountable.
Too bad they won’t reach a decision in time. I wonder if (assuming they grant the case cert) they will then dismiss it because it is considered moot, or if they will view it more generally and approach the issue of who has standing to question a candidate’s qualifications and then remand it to the district court. I would imagine the first would happen rather than the second, but the second would provide a very interesting constitutional question.
I don’t reacall what reason the FEC gave but I think they said that their interest is mostly in the financial aspects of electoral law. (Not that they’re doing much there either)
To clarify, they would only remand if they find a citizen like Berg has standing. Otherwise they would just dismiss it.
Just read here that it was said to be legal ....
State Verifies Obama’s Birth Certificate
KITV ^
Posted on Saturday, November 01, 2008 12:35:01 PM by okb Free Republic
>The American public is not amused at the judicial claim that no American has any right
to question, or investigate, an obvious non-American Communist, friend of terrorists, seizing the office of POTUS.
don’t know about you, but this part of “We the people” is more than a little PO’d about this insult being hurled into our faces from someone who is, supposedly, sworn to uphold the US Constitution.
State Verifies Obama’s Birth Certificate
KITV ^
Posted on Saturday, November 01, 2008 12:35:01 PM by okb
Free Republic ....
Since this is a government rep, he has standing according to some of the arguments that have been floated around here:
“After Obama, McCain rulings, PA state rep. wants presidential candidates to prove citizenship”
http://www.freerepublic.com/focus/f-news/2120318/posts
seriously though, with so many cases that have come up since the 60’s, how many do you really think are based on the constitution? seems too many of them are based on “prenumbras” and other nonsense. Heck, even a lot of pro-choicers concede there is no right to abortion in the constitution per se but support Roe v. Wade anyways. Been a while (excluding some justices like Scalia) that the higher courts have actually applied the constitution.
“Finally, the Associated Press is reporting that Hawaii officials declared Barack Obama’s birth certificate as genuine. But that's not exactly what the Hawaii officials said.
Dr. Chiyome Fukino said today she and the registrar of vital statistics, Alvin Onaka, have personally verified that the health department holds Obama’s original birth certificate.
A statement of fact of which we already knew. The question is not whether they have his original certificate, but whether that certificate indicates he was actually born in the U.S. and not born the child of a Hawaiian citizen abroad. The latter of which is what has been alleged by Philip J. Berg based on an eyewitness account of Obama’s birth in Kenya from his paternal grandmother.”
Nothing else! You are all being mushroomed - kept in the dark and fed sh-t.
I am probably missing something, but would they have it if he was not born in the US? just not sure how the protocol goes
Still no original, typewritten birth certificate has been produced.
One which would indicate the hosptial, doctor’s signature, parent’s birth place, religion and marriage status, baby footprint and witness signature...
What hospital was he born at again? His sister says one hospital, he says another.
Obama still needs to prove he is eligible for POTUS.
And again where are his college records, his passport records, his Socialist party records, his IRS and medical records?
WE DON’T KNOW WHO THIS MAN EVEN IS...
It is more likely that a civil war is coming than the DOJ
and the Judicary uphold the US Constitution.
Line 3 (Citizenship) Indonesia
Line 4 (Religion) Islam
If Obama was born in Kenya, then one can understand why he would find it embarrassing to release the certificate.
“dangerous president”
tongue-in-cheek pun or just another bloviating blog goof?
Obama has a special kind of arrogance. It’s the arrogance of a man who has never done anything so has never faced failure.
I’m thinking it’s time to humble his marxist ass.
I have low expectations expecting SCOTUS to ignore it. I agree the second possibility you mentioned would be interesting ...that could prevent another Obama constitutional problem from happening again.
Yeah, that’s what Charlie Rose and Tom Brokaw were discussing the other day. “Who is this guy” ... kinda late if you ask me ....
The State verified that they have Obama’s BC, not anything about what’s on it. In Hawaii, a birth occurring in another country to a resident of Hawaii can be registered on an original BC. Such a BC will however show the placed of birth as that foreign country, not some city in Hawaii.
No they just verified that they have it. They did not say anything about its contents.
So what happens if he gets in office and his real BC turns up and he’s not a US citizen?????
>It is more likely that a civil war is coming than the DOJ
and the Judicary uphold the US Constitution.
I think you are correct, sir. Though it’s ironic that if the DOJ & Judiciary were interested in Justice (you know, their jobs) that would likely not be the case.
Nobody knows!
This from another thread on Obama's documentation:
1. Occidental College records — Not released
2. Columbia College records — Not released
3. Columbia Thesis paper — ‘not available’
4. Harvard College records — Not released
5. Selective Service Registration — Not released
6. Medical records — Not released
7. Illinois State Senate schedule — ‘not available’
8. Law practice client list — Not released
9. Certified Copy of original Birth certificate — Not released
10. Embossed, signed, paper Certification of Live Birth — Not released
11. Harvard Law Review articles published — None
12. University of Chicago scholarly articles — None
13. Record of baptism— Not released or ‘not available’
14. Illinois State Senate records—’not available’
Yeah, I don’t expect them to grant cert either... but who knows with Roberts and Alito there now
And this happens to the only super power in the world. A nightmare worthy of the best of fiction writers.
“... OF the people, BY the people, FOR the people”
Lawsuit to extract a birth certificate from Obama : NO STANDING
Lawsuit to propagate maximum whining after bitter election loss: BRING THEM IN
Hypocrites will be called on judgment day. Faith in Jesus Christ the Son of God will save you.
“... OF the people, BY the people, FOR the people”
Lawsuit to extract a birth certificate from Obama : NO STANDING
Lawsuit to propagate maximum whining after bitter election loss: BRING THEM IN
Hypocrites will be called on judgment day. Faith in Jesus Christ the Son of God will save you.
Well he could be brought up on fraud charges and all those people who helped hide the fact, you think????
Unbelievable.
So anyone can prance to the Oval Office and say “Prove it” when challenged.
How do you prove a negative?
I am disgusted and disheartened by this.
He would have to be impeached, but with a Dim Congress and Senate, who knows. However, all of the laws he would signed could be disputed in the courts, the military would not have to heed his command, and foreign nations would not know whether his signature on any agreement carried any value what so ever.
The consequences would be grim. (I think this is the reason why the courts shy away. They really do not want to touch this issue.)
If Barack Obama ultimately wins on Tuesday, this issue is not going to go away without the official “vault” birth certificate being produced.
Actually it may not become a real issue until he is officially elected by the electors in Dec. or is sworn in Jan. 09. At that point he maybe in violation of the Constitution if he is in fact not elgible to be president. Is there anything in the Constitution or Statutes that keeps an unqualified person from running for the presidency?.....
You don’t mention the Berg Esq. appeal to the SCOTUS, why? Also do you have any info on the videos that he was going release over a week ago?
The FEC only gets involved if the Candidate takes Public Financing. How convenient for Barack.
>The FEC only gets involved if the Candidate takes Public Financing. How convenient for Barack.
This whole campaign is too convenient for Barak.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.