Posted on 10/25/2008 1:48:50 AM PDT by Dajjal
A federal judge in Philadelphia last night threw out a complaint by a Montgomery County lawyer who claimed that Democratic presidential candidate Barack Obama was not qualified to be president and that his name should be removed from the Nov. 4 ballot.
[snip]
In a 34-page memorandum and opinion, the judge said Berg's allegations of harm were "too vague and too attenuated" to confer standing on him or any other voters.
Surrick ruled that Berg's attempts to use certain laws to gain standing to pursue his claim that Obama was not a natural-born citizen were "frivolous and not worthy of discussion."
[snip
Berg could not be reached for comment last night.
[snip]
(Excerpt) Read more at philly.com ...
DU? Sorry. Ya lost me there.
The Dems want to cut the military budget 25%, and Obama and Biden are talking about a draft. Sounds like they want to decimate the professional military.
VOTE VOTE VOTE
We must be more powerful than Acorn!!!
Can a Representative or Senator issue subpeonas to obtain Obama's records, in support of their mandate to approve the Electoral College results?
That expresses my thoughts on it too. Since when do we not have a right to make sure a candidate is qualified to be president? I guess this judge is not only consulting European norms but mid evil ones at that, since he thinks we’re ignorant serfs.
(Intentionally?) sloppy wording. Surrick agreed with the "no standing" argument. He didn't appear to rule on the merits of the citizenship allegations themselves.
IOW, the judge basically ruled that no citizen or group of citizens has the legal right to question the qualifications of a U.S. presidential candidate. It's a "Just WHO do you think you are?" ruling.
I've asked this before, and I haven't seen the answer yet: Who does have standing for such a complaint?
Yes, pursuant to Senate rules and an investigation. However, and I am not an expert on Senate rules, I believe it would need to be approved by the appropriate committee. I do know a lone Senator can’t issue subpoena’s. I mean they can certainly ask, and all Senators request “things” all the time but it’s unenforceable.
Wow, Klepto,
That certainly does make sense, and thank you for sharing your insight.
I can’t say I particularly LIKE hearing some of what you said, (your words confirm the problem we have been discussing here) but I suspect you are very correct in your assessment of the laws and conditions for standing at this time, and I also suspect you are aware of the problems the current mindset causes for having a presidential candidate that is not qualified RIGHT NOW.
Thanks for sharing. Please share more in the future too! You will be a great addition to Free Republic!
We haven't lost anything yet if enough voters keep hammering at the politicos and media to get this mess straightened out NOW before we carry another constitutional crisis into the next term, the first one centering around Billy boys impeachment.
You may be saying it, but it’s the system is not working.
Oh I’m with ya Casinva. Totally with ya. And thanks so much for the kind words! Have enjoyed my new adventures here and everyone has been more than kind. Thanks!
Yeah, it is what it is and while in many instances it works well, there are certainly a good number of instances (this being one) where it is utterly screwed up.
Wow, Klepto,
That certainly does make sense, and thank you for sharing your insight.
I can’t say I particularly LIKE hearing some of what you said, (your words confirm the problem we have been discussing here) but I suspect you are very correct in your assessment of the laws and conditions for standing at this time, and I also suspect you are aware of the problems the current mindset causes for having a presidential candidate that is not qualified RIGHT NOW.
Thanks for sharing. Please share more in the future too! You will be a great addition to Free Republic!
Never mind. I was being insulting. I apologize, I am very upset right now and I took it out on you. My apologies.
If “We the People” don’t have standing to challenge the qualifications for President, then who does? The States? A congressman? Is that what we have to do? Force the Minority Whip and the Senate Minority leader to bring suit in SCOTUS? Is that what we have to do?
If the Consitiution is not a document that we that people can DEMAND be enforced, then we are lost.
So come Nov. 5 if the winner is ruled ineligible to hold office do we have a rerun or does the candidate in 2nd place take office in Jan?
So come Nov. 5 if the winner is ruled ineligible to hold office do we have a rerun or does the candidate in 2nd place take office in Jan?
Sorry for the double post. My bad.
Hey guys, at least I’ll admit to a “bad” when I do one! That is better than many politicians! LOL
Glad you are getting something in return from your time at Free Republic, Klepto!
If a state has standing then Oklahoma or Alabama ought to file.
If the “Go back to DU” was a reply to me, I didn’t go to DU ~ I went to Stanford. My child graduated from Duke...in ‘07.
And all I am saying is that Mr. Obama has a birth certificate which he has, at some point in his life had to produce to obtain some other form of identification. Does Mr. Obama have a US Passport? If so, what ID was produced to obtain that? I’m thinking it was either a US birth certificate or naturalization papers. That record exists somewhere. I suspect more than one someone has discovered it.
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