Posted on 10/23/2008 7:18:55 AM PDT by Born Conservative
The Federal Election Commission has joined Barack Obama and the Democratic National Committee in asking a federal judge to dismiss a lawsuit filed by a Montgomery County attorney seeking Obama's ouster from the November ballot.
Philip Berg, who claims the Illinois senator was born in Kenya and can't run for president because he isn't a natural-born U.S. citizen, has no standing to make the claim, according to the FEC.
The motion, filed Tuesday in U.S. District Court in Philadelphia, echoes one filed last month by Obama and the DNC that states Berg hasn't demonstrated how he personally would suffer even if his ''ridiculous and patently false'' claims were true.
(Excerpt) Read more at mcall.com ...
Agreed ... but it's not clear to me why the FEC would be submitting a filing about Berg's standing. Unless Berg has named them, too?
This is what they filed
(see http://news.justia.com/cases/featured/pennsylvania/paedce/2:2008cv04083/281573/)
DEFENDANT FEDERAL ELECTION COMMISSION’S MOTION TO DISMISS FOR LACK OF SUBJECT MATTER JURISDICTION PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 12(b)(1) Defendant Federal Election Commission (“FEC” or “Commission”) moves to dismiss the Complaint in this matter pursuant to Federal Rule of Civil Procedure 12(b)(1) for lack of subject matter jurisdiction.
Plaintiff’s Complaint does not present an Article III case or controversy because plaintiff lacks standing to raise the issue of a candidate’s constitutional eligibility. Moreover, even if Berg had standing to raise the constitutional eligibility issue, the Commission should be dismissed as a party to this case because it has no oversight over the Constitution’s Presidential Qualifications Clause.
Might be, but you CANNOT have or had dual citizenship to meet the requirements to run for the office of the President. His mother and the child had dual citizenship!!!
You are right, and that’s part of the problem, since the election for President doesn’t actually take place until December.
I am just going to dye my hair blond and get it over with.
I feel so stupid.
My suspicion is that he is not a natural born citizen, or else he would simply provide his birth certificate and be done with it. Plus, the arguments for this position seem compelling to me, most notably his paternal grandmother bragging about remembering him being born in Kenya.
That said, I really wouldn't claim to know for a fact one way or another.
But I do think that an application of Occam's razor would lead one to accept that the bulk of available evidence indicates that Obama is not constitutionally eligible.
The simplest explanation for his refusal to deliver a verifiable birth certificate is that he is not a natural born US citizen. So that is the one that makes the most sense to me at this time, absent further facts.
What does the Constitution says about dual citizenship when electing our President???
Hm. And I suppose this is supposed to demonstrate that you're a pleasant and reasonable man, and that what you say next will be equally reasonable?
Try again, FRiend.
while I have been ignoring this until recently, your conclusions are the same as mine.....why try to dismiss the case, when you can simply provide a BC and be done with it? makes no sense at all.
Like my sainted grandmama used to say....
Where there’s smoke, there’s fire.
In this case it makes what happened in Chicago when Mrs. O’Leary’s cow kicked that lantern over look like a sputtering match......
Confused in California
Your own Senator, Diane Feinsteine is ALSO part of the case and being sued by Mr. Berg, because she is the chairman (woman) of the Senate Committee to oversee the rules has been followed by the vetting process, which apparently she has neglected!!!
Like the FBI under Hoover. Rule number one then was “don’t embarrass the Bureau or the Director”.
That old queen Hoover even denied the existence of the mob until every Mafioso in the country was caught meeting in Appalachin NY in 1957.
Again, I am just amazed that, since there are listed qualifications, every candidate should have to provide appropriate documentation.
What is up with that? You just try to get a job without proper documentation.
Conservatives follow the rule of law.This is a conservative site and We want to see that birth certificate.
Hopefully the whole party goes down with them.
The FEC was already involved when Berg named them as a c-defendant in his suit.
They’re just trying to get out of it.
You sir, are wrong.
It is not THAT simple. Dual citizenship disqualifies!!!
well, now. that’s an interesting twist...
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