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Eligibility case finds 'standing'?
WorldNetDaily.com ^ | December 30, 2008 | Drew Zahn

Posted on 12/31/2008 2:20:29 AM PST by Man50D

A new case challenging Barack Obama's natural-born citizenship and, therefore, constitutional eligibility to serve as president has the potential to clear a hurdle that caused several other similar cases' dismissal: the issue of "standing."

In the case brought by Pennsylvania Democrat Philip Berg, for example, a federal judge ruled against the lawsuit in deciding Berg lacked the "standing" to sue, arguing that the election of Obama wouldn't cause the plaintiff specific, personal injury .

In Washington state's Broe v. Reed case, however, plaintiff's attorney Stephen Pidgeon says a unique state statute grants everyday citizens the required standing.

"These lawsuits have pointed their fingers at the various secretaries of state and said, 'You handle the elections, it's your job [to verify Obama's eligibility],'" Stephen Pidgeon told WND, "and the secretaries of state have said, 'No, it's not our job. You the voter have to prove he was ineligible.' But when the voters try to do it, the courts tell them they have no standing. So it presents a catch-22.

"Here, we have standing by means of statute," Pidgeon continued. "This particular statute provides for any registered voter to challenge the election of a candidate if the candidate at the time of the election was ineligible to hold office."

Where's the proof Barack Obama was born in the U.S. or that he fulfills the "natural-born American" clause in the Constitution? If you still want to see it, join more than 200,000 others and sign up now!

Further, Pidgeon explained, "In Washington we also have a constitutional clause in Article 1 that says the U.S. Constitution is the supreme law of land, so it's very much a state issue that the secretary of state has a duty to enforce the U.S. Constitution.

(Excerpt) Read more at worldnetdaily.com ...


TOPICS: News/Current Events
KEYWORDS: bho2008; birthcertificate; boguspotus; certifigate; ineligible; kenyanpotus; obama; obamafraud
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1 posted on 12/31/2008 2:20:29 AM PST by Man50D
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To: Man50D

Oy.


2 posted on 12/31/2008 2:21:41 AM PST by CE2949BB (Fight.)
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To: Man50D; LucyT

Ping!


3 posted on 12/31/2008 2:30:47 AM PST by Slings and Arrows ("Every few generations the really, really bad ideas come back around for another go."--Howard Tayler)
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To: Man50D

One thing is clear. We need to be all over our legislators to enact laws that require an open and honest standard of vetting these candidates.


4 posted on 12/31/2008 2:50:07 AM PST by cripplecreek (The poor bastards have us surrounded.)
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To: Man50D
WND Petition link
5 posted on 12/31/2008 2:54:55 AM PST by rawcatslyentist (Proud non productive worker under directive 10-289)
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To: cripplecreek
One thing is clear. We need to be all over our legislators to enact laws that require an open and honest standard of vetting these candidates.

IMO, we'll get that sometime after we find out who hired Craig Livingstone. Our legislators, both R and D, have no interest whatever in following the Constitution if there is any hint it would upset their cozy club.

There is a reason these vermin are called POLITICIANS!

6 posted on 12/31/2008 3:34:58 AM PST by Roccus (Someday it'll all make sense.............maybe.)
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To: Man50D

Quite literally Obama will have one or more lawsuits every week he is in office.

He will go down in history as the only president to have subpoenas served daily.

And the longer he stays in office the more people he will bring down thus weakening America even further and opening chinks for our enemies to dig into.


7 posted on 12/31/2008 3:38:30 AM PST by Eye of Unk (How strangely will the Tools of a Tyrant pervert the plain Meaning of Words! SA)
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To: LucyT

ping


8 posted on 12/31/2008 4:21:06 AM PST by stockpirate (Obama's COLB issue, where's Rush, Laura, Sean, Mark, Malkin & Ann?)
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To: Roccus

The only part of the Constitution they like following is the 16th amendment.

Rumor says that O’s parents divorce papers state that O was born in Kenya, to be released TODAY.


9 posted on 12/31/2008 4:24:07 AM PST by stockpirate (Obama's COLB issue, where's Rush, Laura, Sean, Mark, Malkin & Ann?)
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To: Eye of Unk
These Naysayers are a bunch of Flat-Earthers, just like the Global Warming Deniers.
barbra ann
10 posted on 12/31/2008 4:32:35 AM PST by barb-tex (Buy all the firearms ammo and Automobiles before the advent of the Barney Frank Mobile.)
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To: Man50D

this has also created a good future litmus test for fed. appointees,,determine how he would have decided on 0’b, then reject him as an admitted felon if he gives the wrong answer, assuming 0’b is rejected by the Supremes.


11 posted on 12/31/2008 4:35:52 AM PST by Waco
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To: Waco
Interesting that you mention a litmus test for federal appointees.

"Let me also say that I remain distressed that the White House during this confirmation process, which overall went smoothly, failed to provide critical documents as part of the record that could have provided us with a better basis to make our judgment with respect to the nomination. This White House continues to stymie efforts on the part of the Senate to do its job. I hope with the next nominee who comes up for the Supreme Court that the White House recognizes that in fact it is its duty not just to the Senate but to the American people to make sure we can thoroughly and adequately evaluate the record of every single nominee who comes before us."

Remarks of Senator Barack Obama on the Confirmation of Judge John Roberts
12 posted on 12/31/2008 4:44:10 AM PST by cripplecreek (The poor bastards have us surrounded.)
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To: stockpirate
Rumor says that O’s parents divorce papers state that O was born in Kenya, to be released TODAY.

If the divorce papers DO show his, it would be supreme irony. Remember, it was the divorce papers of another that allowed 0 to gain his Senate seat. However, I am not gonna hold my breath.

13 posted on 12/31/2008 4:48:54 AM PST by Roccus (Someday it'll all make sense.............maybe.)
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To: stockpirate

I heard the same thing and we will soon confirm that the BO is an imposter. Of course I cannot revel my sources because they were very high BO campaign officials.


14 posted on 12/31/2008 5:01:51 AM PST by iopscusa (El Vaquero. (SC Lowcountry Cowboy))
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To: Man50D

How dare ordinary citizens challenge the privilege of their masters?

The Rats in Olympia will take care of that pesky statute PDQ.


15 posted on 12/31/2008 5:36:09 AM PST by Fresh Wind (Hey, Obama! Where's my check?)
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To: stockpirate

Released from where and by who? Do you have a link?


16 posted on 12/31/2008 5:37:39 AM PST by dascallie
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To: Man50D
'At no time did Senator Obama produce a single piece of evidence upon which the secretary of state could rely to establish that he was a natural born citizen, or that he was even an American citizen, or that he was running under his legal name.' Those are the three facets of our lawsuit."

'At NO TIME did he produce'... enough said. Such a simple request for Barack to fulfill the requirement. It's too bad so many have drank the Fool Aid. It is pitiful.

17 posted on 12/31/2008 5:44:33 AM PST by missnry (The truth will set you free ... and drive liberals Crazy!)
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To: dascallie

FWIW

http://www.freerepublic.com/focus/f-chat/2156382/posts


18 posted on 12/31/2008 5:47:49 AM PST by Roccus (Someday it'll all make sense.............maybe.)
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To: iopscusa
because they were very high BO campaign officials.

Barack High

Could you be more specific in how "high" they were?

19 posted on 12/31/2008 5:48:16 AM PST by missnry (The truth will set you free ... and drive liberals Crazy!)
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To: Man50D

After Obama is inaugurated, any individual uniquely and adversely affected by one of his official actions as President would have standing to challenge his eligibility to be President. E.g., a bureaucrat or political employee fired by Obama. (Same with Hillary Clinton as Secretary of State, whose appointment and confirmation might violate the Emoluments Clause; see Eugene Volokh’s exploration of this issue, here: http://volokh.com/posts/1227548910.shtml)

That being said, any federal judge hearing the case would:

1) Find no standing anyway, even if such a conclusion is contrary to law, or

2) Find another technical ground to dismiss the case.

There’s just no way a federal judge is going to buck the political will of the American people, which is to have Obama as President. The matter should not be deemed what is called a Political Question in constitutional law (something committed to the political branches, which the courts cannot touch) because it involves an explicit textual command of the Constitution (just as, e.g., whether the person elected President is qualified to serve when he might not be 35 years old is not a Political Question.)

But, as a practical matter, it is a Political Question - because federal judges will simply refuse to touch the issue of whether Obama is eligible to be President. I’d bet the house on it (if I had a house.) However, the Hillary Clinton matter is closer call. It might happen that a case challenging Clinton’s eligibility to serve as Secretary of State would progress to the merits.


20 posted on 12/31/2008 5:49:18 AM PST by BCrago66
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