In the case of Berg v. Obama, US Federal Judge Richard Barclay Surrick agreed with Obama's lawyers and ruled that Berg, as a citizen, as a voter, has no "standing" to enforce the United States Constitution. I have read that other agencies have asserted that only another presidential candidate has standing to sue respecting the qualifications of a candidate, presumably because, arguendo, only another presidential candidate could be injured (lose an election) as a result of a non-qualified candidate on the ballot.
This may be the most patently absurd, illogical, incomprehensible, astonishing, mind-boggling, and utterly stupid argument I have ever heard in my life – and from a Federal Judge, at that. And if I didn't make myself perfectly clear, let me know and I'll try again.
Let's do the analysis.
1. The U.S. Constitution is a CONTRACT between The People, The States, and The United States, the federal government, that defines and limits the role of the federal government, and the rights of the States and The People, and, among other things, defines and limits the qualifications for president, i.e., that the president must be over the age of 35 years, and must be a natural born citizen.
2. Any party to a CONTRACT has standing to enforce it. This is as basic as it gets. Contract Law 101. First week of law school stuff. And it seems that lawyers and judges all over the country have forgotten all about it. Also, the Constitution was intended to benefit all American citizens, We, The People, and in basic contract law the intended beneficiaries of a CONTRACT, i.e., us, also have standing to enforce it.
3. If We, The People, do not have standing to enforce the CONTRACT, the U.S. Constitution, then it is unenforceable, and if it is unenforceable it is just a historic curiosity that means nothing. It’s just an old piece of parchment. But that was not the intent, and to give intent to the CONTRACT it must be enforceable by its parties and beneficiaries.
4. We, The People, have standing under the First Amendment "to petition the government for redress of grievances." If we have a grievance that a non-citizen, illegal alien, is running for president, I think the First Amendment unequivocally gives every American citizen standing to sue the government to redress that grievance and enforce the Constitution.
I think Judge Richard Barclay Surrick is dead wrong, illogically wrong, irrationally wrong, legally wrong, I think his legal analysis of this issue, in legalese, stinks.
Well said -- this article is right on. There is always a time to STAND and a place to STAND. Now is the time and this is the place. NSMA!
If Berg has ever taken an oath of office or enlistment that requires him to uphold or defend the Constitution against all enemies foreign or domestic then he can prove he has standing. Such oaths are deemed to be binding until death.