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What If Obama Really Was Born in Kenya?
Slate ^ | August 3, 2009 | Brian Palmer

Posted on 08/04/2009 3:21:40 AM PDT by Zakeet

Despite a congressional resolution affirming President Obama's U.S. birth and a reaffirmation of his birth certificate's authenticity from Hawaiian officials, media outlets continue to air frivolous allegations that the president was born in Kenya, rendering him ineligible for the presidency. Let's pretend, for just a moment, that the birthers had credible evidence that Obama was foreign-born. Then what would happen?

Resignation, impeachment, or nothing. If Obama stood his ground, and Congress stood by him, then the only way to legally remove him from office would be for someone to sue. Problem is, no one would have standing to bring such a lawsuit. To establish standing, a plaintiff must show that he has suffered an injury personal to him, that the defendant caused the injury, and that the court could provide a remedy. That turns out to be an impossible task.

Average citizens could not show a personalized injury because Obama's allegedly illegitimate presidency would impact everyone in roughly the same way. Courts invariably dismiss such claims, like the 1937 case alleging that Justice Hugo Black was ineligible to serve because as a member of Congress he had voted to increase the justices' salaries. Even membership in much smaller aggrieved groups generally doesn't work. The Supreme Court rejected a suit brought by parents of African-American children challenging the IRS's lax enforcement of anti-discrimination laws and another by legislators who claimed their voting rights were diluted by the line-item veto. In both cases, the communal nature of the injury precluded standing. Thus the lawsuit of Army Maj. Stefan Cook, who argued that his pending deployment to Afghanistan by an illegitimate president constituted a particularized injury, was doomed to failure. (The case was mooted when the Pentagon canceled his deployment.)

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


TOPICS: Constitution/Conservatism; Crime/Corruption; Extended News; News/Current Events
KEYWORDS: birthcertificate; birther; kenya; obama
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To: healy61; All

Glenn Beck told the Friends this morning that our only hope right now is to all get on our knees and pray.


101 posted on 08/04/2009 5:06:41 AM PDT by Miss Didi ( "After all...tomorrow is another day." Scarlett O'Hara, Gone with the Wind)
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To: Tennessee Nana

a big AMEN!


102 posted on 08/04/2009 5:08:44 AM PDT by Guenevere
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To: Sapper26
"Wouldn’t McCain have standing?"

According to the article he wouldn't because the court would not be able to re-dress his wrongs. In other words, the worst that would happen is that Joe Biden would become President and McCain still be in the same boat he's in now.
103 posted on 08/04/2009 5:09:02 AM PDT by Old Teufel Hunden
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To: GOPJ
If Republicans ran someone born in a foreign country, dems would find a way to disqualify that person. And the MSM would be cheering them on...

Absolutely. What we are overlooking is that as long as Obama has the support of the media and the Democrat party, he is untouchable. Actually, I think the media support is even more important than his party support, because the Dems will not oppose anything the media wants. Is there anything that could make Obama lose his media support? I don't know.

104 posted on 08/04/2009 5:09:30 AM PDT by livius
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To: Zakeet

The pessimist in me thinks that if Obama were to be impeached there would be a major backlash against Republicans. The media/democrats would portray it as a mere technicality, an antiquated law that should no longer be in play in today’s globetrotting world. Black leaders especially would come out and say this was a witch hunt, a bunch of white racists trying to find anything they could come up with to turn a dark-skinned man out of office. Obama would be made a martyr. The democrats would amend the constitution so that Obama would be eligible. Obama riding the wave of martyrdom would run again in 2012 and white voters would be even more guilt-ridden into casting a vote again for Obama. And then the Democrats would make another change to the constitution so that Mr. President won’t be limited to a mere two terms. And then a scientist (democrat no doubt) will come up with a concoction that will allow those who can afford to pay for it (ie, Obama and friends) to live forever and we’ll be forever stuck with Obama running the world.

But then, that’s just the pessimist in me talking. Or maybe it was a nightmare i had last night?


105 posted on 08/04/2009 5:10:23 AM PDT by Humbug
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To: Zakeet

In simple terms:

1. obama was born in Hawaii, he says so and he should know since he was there.

2. Even if obama wasn’t born in Hawaii, there is no way to prove it since he won’t allow the release of any evidence of his birth (or about his life prior to his campaign for the Senate).

3. Even if you could prove it, we could do nothing.

4. The Constitution? Yawn. Liberals don’t care about that old bit of paper, and liberals are the majority of those in Congress, the ones who decide what to do about an America-hating usurper in our White House.


106 posted on 08/04/2009 5:11:33 AM PDT by TurtleUp (So this is how liberty dies - to thunderous applause!)
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To: Zakeet

The question SHOULD be... What if Obamas momma gave up her American citizenship to become Indonesian.. and then had Barry half-White.. without American citizenship being restored..


107 posted on 08/04/2009 5:14:30 AM PDT by hosepipe (This propaganda has been edited to include some fully orbed hyperbole....)
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To: Old Teufel Hunden

Biden is stupid and would be a great president. Nothing would happen.


108 posted on 08/04/2009 5:14:42 AM PDT by Chickensoup ("Patriotism is supporting your country all the time, and your government when it deserves it.")
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To: Old Teufel Hunden

Except would that be accurate—or would a new election be required, giving McCain some redress, according to the 20th Amendment?

“Section 3. 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.”


109 posted on 08/04/2009 5:14:57 AM PDT by 9YearLurker
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To: Humbug

Bad nightmare. However, it seems to me that everyone has tunnel vision on the birth certificate when all the OTHER documents of his life are just as sealed/locked up. This birther thing is really getting under their skin, so we need to amp this thing up even more, AND demand to see all the other documents. The dnc and the dimrat party/media didn’t vet this guy, so we need to demand that he be vetted anyway.

Hey Barry, whatcha hidin?


110 posted on 08/04/2009 5:15:01 AM PDT by Texas resident ( Boys and Girls, it's us against them.)
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To: LibLieSlayer
and congresscritters must come home at some point... and they would be dealt with as needed.

Dealt with by whom? The majority of voters in each district that sent them there?

The average margin of victory in US House races is 40%. 83% of seats were won by margins of 20% or more.

If you think the brain-dead constituents of these poltroons are going to deal with them, you're sadly mistaken.

111 posted on 08/04/2009 5:15:05 AM PDT by Jim Noble (Pas de'ennmis a droit)
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To: Cboldt
That is to say, even though a person may be labeled "natural born" for immigration purposes, I do not think that person necessarily meets the constitutional "natural born" requirement for holding the office of president.

I think this is where the question is going to lie and probably where the Supreme Court will have to intervene. According to the most recent statutes, even if Obama had been born in Kenya, he'd qualify as having been born a citizen of the US because of his mother's citizenship (well, under the current law, but not under the law of the year when he was born). How would the Supreme Court rule on this, especially with somebody like Sotomayor on it?

And, secondly, if the Court found for Obama, what would be the reaction of the rest of the country, knowing he qualified only on a technicality and had probably been lying about it from the start?

112 posted on 08/04/2009 5:17:39 AM PDT by livius
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To: Jim Noble

Great point, and I think more are starting to look at what is the right course.

Notice that the quote says “willing” to use, when the tyrants understand that we the people are “willing” to use that force it usually means we don’t need to because they are cowards.


113 posted on 08/04/2009 5:18:10 AM PDT by stockpirate (The movement to take back America has already started, Sarah is her name.)
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To: Tennessee Nana; SE Mom
Color me paranoid, but consider this...

If the libs become afraid that Obama has lost his 'usefulness'...(as I believe he's just someone's puppet)....

..they may 'allow' this birth thing to become an issue after all.

If Obama can't push through socialized healthcare, cap and trade, etc....

...they...the powers that be...may throw him under the bus.

Am I on track or under the tracks?

114 posted on 08/04/2009 5:18:16 AM PDT by Guenevere
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To: Jim Noble
If you think things still stand as they did during the election... then you are the one that is mistaken. Town Hall meetings have been canceled due to voter outrage... and you bet that those that turn their backs on the Constitution would pay a price... even in liberal districts. Throw in an illegal usurper in the Whitehouse, refusing to leave it under order of law... and you will see another Revolution.

LLS

115 posted on 08/04/2009 5:19:09 AM PDT by LibLieSlayer (hussama will never be my president... NEVER!)
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To: Ken522
*** How did 0bama ever get a security clearance to get into tghe Senate in the first place? Did the FBI even TRY to get his original birth certificate? ***

Federally elected office holders get automatic security clearances. They don't go through any background checks at all. It's pretty absurd but that's how it is.

Most of congress AND Barry couldn't pass the FBI background checks I've had to go through.

116 posted on 08/04/2009 5:19:30 AM PDT by Condor51 (The difference between stupidity and genius is that genius has its limits)
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To: Old Teufel Hunden

With all due respect, fellow FReeper....John McCain my ASS.

Some people around here fail to understand one thing: McCain was not eligible, either. He was neither born on U.S. soil nor born on a military base. He was born in a private hospital. Two citizen parents, but born abroad. Not natural born.

And this was their deal between the two campaigns. Both campaigns explored the eligibility of the other, and found things wanting. They chose to decide the results based on how things played out, rather than who was eligible and who was not. They made a deal. Period.


117 posted on 08/04/2009 5:20:07 AM PDT by Daisyjane69 (Michael Reagan: "Welcome back, Dad, even if you're wearing a dress and bearing children this time)
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To: LibLieSlayer

Ok- I’ve been away for a few days and see the BC issue has exploded on FR. Could somebody please, in one or two sentences, bring me up to speed. thanks


118 posted on 08/04/2009 5:21:17 AM PDT by petercooper (GOP: Big Tent Party??? Not if you are a CONSERVATIVE.)
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To: 9YearLurker

You don’t think those lefties are going to follow the constitution or even consult it do you? It would be a miracle if Obama left office and Biden was put in. I think “We the People” and McCain would have to be satisfied with Uncle Joe Biden as the useful idiot POTUS. Even that only has a .05% chance of happening.


119 posted on 08/04/2009 5:22:30 AM PDT by Old Teufel Hunden
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To: LibLieSlayer
Throw in an illegal usurper in the Whitehouse, refusing to leave it under order of law... and you will see another Revolution.

Maybe.

There are two problems with your scenario.

First, "refusing to leave under order of law". There will be no such order, and you should know that.

Second, "you will see another Revolution". Without a revolution in the minds and hearts of the people, which has yet to occur, what "revolution" will yield is a lot of dead revolutionaries and more power for Obama.

120 posted on 08/04/2009 5:23:08 AM PDT by Jim Noble (Pas de'ennmis a droit)
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