FEC joins call to throw out suit against Obama (Berg's challenge of BHO's citizenship)

The Morning Call (Allentown, PA) ^ | 10/22/08 | Kevin Amerman

[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.

[Emperor Palpatine]

He might be a citizen, but not a natural born one. Aye, there's the rub.

[Tammy8]

No matter how this turns out- it is surprising to me that although the Constitution has requirements for the office of President; there seems to be no system in place to make sure a candidate meets those requirements.

[Emperor Palpatine]

SCOTUS=SupremeCourt of the United States

POTUS=President of the United States.

Welcome to FR.

[The Californian]

No matter how this turns out- it is surprising to me that although the Constitution has requirements for the office of President; there seems to be no system in place to make sure a candidate meets those requirements. (pretend that this is in italics. Don’t know how to do that!)

FINALLY - A sound bite that expresses my frustration! Where is the system?

[MEGoody]

He might be a citizen, but not a natural born one.

A child born to a mother who is a U.S. citizen is considered a natural born citizen, whether the child was born within the U.S. borders or not.

[Brian S. Fitzgerald]

No matter how this turns out- it is surprising to me that although the Constitution has requirements for the office of President; there seems to be no system in place to make sure a candidate meets those requirements. (pretend that this is in italics. Don’t know how to do that!)

In some cases, exceptions are caught, for instance Eldridge Cleaver was taken off the California ballot in the 1968 Presidential election because he was under 35.

Someone at the California Secretary of State's office told me that the Party is responsible to make sure their candidates are eligible.

[antiRepublicrat]

Sounds like any citizen has all three:

Injury: A free and fair election is a right, and anything that interferes with it, such as a sham candidate, causes injury to every American with suffrage.

Causation: Obama’s running

Redressability: A court order to remove him from ballots and/or prevent his swearing-in as President.

[MEGoody]

You sir, are wrong.

You are free to try to prove it, but so far, the only 'proof' anyone has ever attempted to present on this has been some hogwash about Obama's mother not living in the U.S. long enough after her 16th birthday for him to be qualified as a 'natural born' citizen.

[STE=Q]

FROM MY ARTICLE:

Obama: A Forgery is Unacceptable!

http://www.freerepublic.com/focus/f-news/2076357/posts

“It cost me about ten dollars (in those days) for an official original copy of my birth certificate, on file at my state capital.

I got it in about ten days.

I was young and had moved to another state.

Having lost my birth certificate, I needed an original copy in order to get a driver license, a bank account, and ultimately… a job.

Employers — especially companies that must report taxis and pay into workers compensation and other programs — expect to see some sort of identification from a potential employee.

They like to know who they are hiring.

They also like to know that the employee is honest and trustworthy.

The American people may be ‘hiring’ Barack Obama as the next President of The United States.

As a potential employee we (the People of the United States) would like Obama to submit legitimate identification, namely:

A birth certificate or an official original copy of his birth certificate.

I don’t think that’s asking too much from a potential employee.

By the way, Mr. Obama…

… A forgery is unacceptable!”

STE=Q

[pctech]

ping for later

[MEGoody]

Conservatives follow the rule of law.

Well, good luck trying to find a judge that will agree with the crazy interpretation of the constitution that would claim that Obama isn't qualified for the Presidency based on citizenship.

[TexasGreg]

Do you have to be eligible to be President in order to run for President? Could somebody who is going to turn 35 years old the day before inauguration run for President, as he would be 34 during his campaign and election?

In principle, yes. For instance, in order to be Vice President one must also qualify to be President; the qualifications for Vice President are directly and anticipatorily linked to the qualifications for President. In order to RUN for President one must qualify to actually BE President at the time one would be required to assume office. In terms of age, if one will be old enough at the time of inauguration, then one is qualified to serve and, hence, to run. If one isn't going to be old enough at the time of inauguration, then one is NOT qualified to serve and hence running would be fraudulent.

In short, I don't believe that one can RUN for office unless one can demonstrate that they will actually qualify to serve in that office if elected. Anything less would be to perpetrate a public fraud. Put another way, why would one run for an office that, Constitutionally, one wouldn't be able to hold if elected?? And, similarly, who in their right minds would vote for them ... UNLESS that critical fact was unknown? And THIS is WHY any Registered Voter has standing in this case. We have a vested interest (by virtue of being a voter) in knowing if he is qualified BEFORE we cast our votes.

[antiRepublicrat]

This news source is misreporting the facts according to someone I just spoke to at the FEC.

No it isn't. The FEC filing had two parts. The first was that Berg lacks standing to bring this case. The second was that, even if he did have standing, the FEC shouldn't be a party because it doesn't have jurisdiction.

[Brian S. Fitzgerald]

In any election there is a high probability of “injury” - your candidate could lose. Of course, ineligible candidates injure “the system”, by diminishing the trust we have in the election system.

[antiRepublicrat]

Berg was just coving all the bases

Or he was afraid the FEC would step in, so he brought them in in hopes that they would claim they don't have jurisdiction. If the FEC is granted this motion, then they can't interfere with Berg in anything related to the case.

[Brian S. Fitzgerald]

Conservatives follow the rule of law.

Recall that Clinton and cronies invoked the phrase "rule of law" when they snatched Elian Gonzalez and sent him back to Cuba.

[MEGoody]

What does the Constitution says about dual citizenship when electing our President???

Beside the point. No one has any proof that Obama has dual citizenship. Even if a child is granted secondary citizenship as a result of being born on foreign soil, that citizenship vanishes unless the individual actively claims that citizenship as an adult or has been living in that nation from childhood into adulthood. Not one shred of evidence that either of those criteria has been fulfilled.

I take it by your post, however, that you are now agreeing that Obama IS a natural born citizen of the U.S.

[CharlesWayneCT]

I think they are probably right, unfortunately.

Here is some text from the 20th amendment to the constitution:

If, at the time fixed for the beginning of the term of the President, the President elect shall have died, the Vice President elect shall become President. If a President shall not have been chosen before the time fixed for the beginning of his term, or if the President elect shall have failed to qualify, then the Vice President elect shall act as President until a President shall have qualified; and the Congress may by law provide for the case wherein neither a President elect nor a Vice President elect shall have qualified, declaring who shall then act as President, or the manner in which one who is to act shall be selected, and such person shall act accordingly until a President or Vice President shall have qualified.

This text suggests that the qualification to be President is applied after the election, not before. It also suggests that you can elect someone who isn't qualified, and if you do the VP becomes president.

Now, I think we could argue that "qualified" here is not regarding the legal requirements for the office, but means "qualified" by getting enough electors, or by being chosen by the house if there aren't a majority of electoral votes. But it seems to be more general to me.

The key though is that there is this lawsuit, and it hasn't been dismissed. It means that we can all bring up this lawsuit, and note that if you vote for Obama, you might well end up with Biden as President since there is a good chance Obama might be found "not qualified" after the election.

In other words, we can use it to stir up doubts about WHO you are electing. A person who might throw his vote away for the "black guy" might think twice if he realises there's a good chance he's voting for Biden over McCain.

[John Valentine]

I may be neither reasonable nor pleasant, but I’m right.

[Exmachina]

Oh, and thanks for the welcome.