Berg stated: “I filed this action at this time to avoid the obvious problems that will occur when the Republican Party raises these issues after Obama is nominated.the REPUBLICANS MADE ME DO IT!!!
Posted on 08/22/2008 7:24:12 PM PDT by ex-Texan
Annenberg that's associated with Obama and Bill Ayers? Don't buy what they're selling.
Indonesia didn't allow dual citizenship. Upon reaching a persons majority (18) they had to choose. The story is that Obama went to Pakistan somewhere around age 18 to 20 on an Indonesian passport. That would mean he gave up US citizenship.
don’t hold your breath on that.
Actually McCain would have been covered under the Naturalization Act of 1790 which was passed to clarify the definition of "natural-born" for families in just his situation. But that's not even my point.
In the memorandum of law, it was pointed out that Hollander had no standing (I'm too tired and and it is too long to goin into detail, you'll have to read it for yourself)because he had suffered no injur, and certainly no more than any other voter.
It goes on to say that the nominating process was not a "state funtion" but rather a function of the political parties, thus the courts could not act.
The final point that I can recall is that, for the court to act, it would usurp the separation of powers.
Now, I can't see Berg's case being any different than Hollanders regarding these points, regardless of issues of truth.
What I cannot find anywhere (except in the case of the vice president), what the remedy is for a violation of Article II, section I, clause 5! The closest I can come to based on what I've just read is that it falls to 1) the electoral college of, 2) the congress. As currently constituted, i'll take the EC over the congress.
If anyone has knowledge of what the remedy would be for this violation of eligiblity, please post it. I am dying top know!
Madsen claims to have information that the GOP sent a team to Kenya looking for dirt on Obama and his father, and that these people located said birth certificate.
I don't find Madsen credible. He's a young kid, a self-appointed "journalist," and a GOP-hater. I just have my doubts that he knows how to verify information.
Nothing like going on Coast to Coast to gain credibility for your position.
The attorney is a nutcase. He’s also suing President Bush, claiming he was behind the attacks on 9/11.
No court is going to take this “lawsuit” seriously.
http://www.freerepublic.com/focus/f-news/2066207/posts
PHILIP J. BERG v. BARACK HUSSEIN OBAMA - Complaint
http://www.freerepublic.com/focus/f-bloggers/2065723/posts
Lawsuit Being Filed Today in Philadelphia [Against Obama] *BREAKING* *MEDIA ALERT*
Berg stated: “I filed this action at this time to avoid the obvious problems that will occur when the Republican Party raises these issues after Obama is nominated.the REPUBLICANS MADE ME DO IT!!!
true, but... this was on AM CtoC and That, is a whole different crowd being schooled on this who prolly never even heard of it before.
Ping to #51
I don't know. Maybe.
Ian had a guest on his regular Saturday night show who repeated the claim that the Bush family supported Hitler. "What about W. Averell Harriman?" Ian asked his guest. The guest had to admit, yes there were Democrats over there doing business with Hitler also.
A couple months ago Norry had a guest on talking about Nazis and Norry himself repeated the claim of the Hitler-Bush connection. His guest responded, yes that's right; you are the only one who reminds people.
I fast-blasted "What about W. Averell Harriman?" I guess enough of us did it so that Norry felt compelled to ask his guest about Harriman. "Yes," said his guest and named a couple more. "They were all over there."
Norry has on more than one occasion said we need change -- he absolutely detests all in the Bush Administration.
I have never heard either one talk about Obama.
Mr. Berg would not go unchallenged with either host. That I am sure of.
Berg stated: "I filed this action at this time to avoid the obvious problems that will occur when the Republican Party raises these issues after Obama is nominated."
I revise the last line in my last reply:
Mr. Berg's efforts will be welcomed by both hosts. That I am sure of.
8 USC Sec 1401 (g) a person born outside the geographical limits of the United States and its outlying possessions of parents one of whom is an alien, and the other a citizen of the United States who, prior to the birth of such person, was physically present in the United States or its outlying possessions for a period or periods totaling not less than five years, at least two of which were after attaining the age of fourteen years: Provided, That any periods of honorable service in the Armed Forces of the United States, or periods of employment with the United States Government or with an international organization as that term is defined in section 288 of title 22 by such citizen parent, or any periods during which such citizen parent is physically present abroad as the dependent unmarried son or daughter and a member of the household of a person (A) honorably serving with the Armed Forces of the United States, or (B) employed by the United States Government or an international organization as defined in section 288 of title 22, may be included in order to satisfy the physical-presence requirement of this paragraph. This proviso shall be applicable to persons born on or after December 24, 1952, to the same extent as if it had become effective in its present form on that date;
Pertainent ammendments to 8 USC Sec. 1401 are:
1986 - Subsec. (g). Pub. L. 99-653 substituted "five years, at least two" for "ten years, at least five".Since Congress is probhibited from passing any ex post facto Law (Art I, sec. 9, par. 3), that ammendment is inapplicable in NoBama's circumstance. Therefore for NoBama to be a natural born American citizen, it must be demonstrated that the periods of NoBama's Mamma physical presence within the U.S.A. totaled a minimum of 5 years PRIOR to NoBama's birth.. And that all such periods occured after NoBama's Mamma attaining the age of Fourteen.
How much simpler than that can it get?
Article II, Sec. 1 , enumerates the Executive office. Par. 3 of the same section defines Congressional procedure in the final act of electing the President. The only capacity that Congress conducts itself in that act is to open the signed, certified, and sealed Electoral College ballots from each state. Paragraph 3 was changed by Ammendment XII.
Ammendment XII addresses the issue of a tie with respect to Electoral College ballots. The duty falls then to the House of Representatives to vote for one (of a maximum of three) who recieved the highest number of Electoral College ballots. The section of Ammendment XII that addresses the situation where the House of Representatives fails to carry out their duty to act when such duty falls upon themselves was superceded by Sec. 3 of Ammendment XX.
Ammendment XX changed the term of office from 4th Mar (per Ammendment XII), to 20th January. Ammendment XX Sec. 3 specifically addresses the issue of the death of the President prior to the innauguration date as stipulated in the Constitution (as ammended), or if on that date no President has been chosen (per Ammendment XII), or if neither President and Vice-President fail to qualify then it falls upon Congress to enact Law whereby such situation can be remedied; Congress essentially has the power to elect a President Pro Tem. In such case the duration, power, etc. are at the discretion of Congress until such time that a President and Vice-President shall qualify for the Executive office.
Pretty much plain as day to me.
What is unclear to me, however, what procedural mechanism establishes a President Elect's failure to qualify for office of Exective after the Electoral College ballots are counted in joint session of Congress the President of the Senate presiding. Clearly they have nothing to say about it but to declare who the President Elect is.
You’ve managed to last quite a while on here haven’t you?
Hmmm...I read his affidavit in that case, and he does seem to be a bit of a crackpot.
Here is factcheck’s report on the birth cert.
http://www.factcheck.org/elections-2008/born_in_the_usa.html
This story about obama’s birth was on KOGO radio (Roger Hedgecock’s show) last night as well. Roger is a guest host on the Rush Limbaugh show.
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