BREAKING -- Berg v Obama - Scheduled for SCOTUS Conference TWICE on Jan 16

US Supreme Court ^ | 12/23/08 | US Supreme Court

[BP2]

No. 08-570
Title:	Philip J. Berg, Petitioner v. Barack Obama, et al.
Docketed:	October 31, 2008
Lower Ct:	United States Court of Appeals for the Third Circuit

Case Nos.:	(08-4340)
	Rule 11

~~~Date~~~	~~~~~~~Proceedings  and  Orders~~~~~~~~~~~~~~~~~~~~~
Oct 30 2008	Petition for a writ of certiorari before judgment filed. (Response due December 1, 2008)
Oct 31 2008	Application (08A391) for an injunction pending the disposition of the petition for a writ of certiorari, submitted to Justice Souter.
Nov 3 2008	Supplemental brief of applicant Philip J. Berg filed.
Nov 3 2008	Application (08A391) denied by Justice Souter.
Nov 18 2008	Waiver of right of respondents Federal Election Commission, et al. to respond filed.
Dec 1 2008	Motion for leave to file amicus brief filed by Bill Anderson.
Dec 8 2008	Application (08A505) for an injunction pending the disposition of the petition for a writ of certiorari, submitted to Justice Souter.
Dec 9 2008	Application (08A505) denied by Justice Souter.
Dec 15 2008	Application (08A505) refiled and submitted to Justice Kennedy.
Dec 17 2008	DISTRIBUTED for Conference of January 9, 2009.
Dec 17 2008	Application (08A505) denied by Justice Kennedy.
Dec 18 2008	Application (08A505) refiled and submitted to Justice Scalia.
Dec 23 2008	Application (08A505) referred to the Court.
Dec 23 2008	DISTRIBUTED for Conference of January 16, 2009.	---------------

No. 08A505
Title:	Philip J. Berg, Applicant v. Barack Obama, et al.
Docketed:
Lower Ct:	United States Court of Appeals for the Third Circuit

Case Nos.:

(08-4340)

~~~Date~~~	~~~~~~~Proceedings  and  Orders~~~~~~~~~~~~~~~~~~~~~
Dec 8 2008	Application (08A505) for an injunction pending the disposition of the petition for a writ of certiorari, submitted to Justice Souter.
Dec 9 2008	Application (08A505) denied by Justice Souter.
Dec 15 2008	Application (08A505) refiled and submitted to Justice Kennedy.
Dec 17 2008	Application (08A505) denied by Justice Kennedy.
Dec 18 2008	Application (08A505) refiled and submitted to Justice Scalia.
Dec 23 2008	Application (08A505) referred to the Court.
Dec 23 2008	DISTRIBUTED for Conference of January 16, 2009.

[Principle Over Politics]

“From the evidence presented, it would appear that BHO was born in Hawaii and that would without question make him a natural born citizen.”

What evidence are you referring to and who “presented” it to you?

[devere]

“I’ll just go on maintaining that the Constitution is perfectly clear on this matter”

And what pray tell is the clear meaning of the constitution on this matter?

“Any talented con man who arguably was born in one of the four states where birth certificates are private by statute must be allowed the presumption of being a natural born citizen”?

Did I get it right? Or do you have some other “clear meaning” to propose?

The Supreme Court of course does not always get the last word. In December 1856 Chief Justice Taney wrote for a 7-2 majority:
“They had for more than a century before been regarded as beings of an inferior order, and altogether unfit to associate with the white race, either in social or political relations; and so far inferior, that they had no rights which the white man was bound to respect; and that the negro might justly and lawfully be reduced to slavery for his benefit.”

It turned out that that wasn’t exactly crystal clear, was it?

There is no clear agreement who is a natural born citizen under Article 2, or who is to enforce the provision. It does seem crystal clear that Barry Obama is hiding something of a serious nature. Just because someone says “it’s crystal clear” that will not make this grave constitutional crisis go away.

[luvadavi]

Nah, it's not that big money, it's a labor of love...!

They hang on like ticks on a hound, don't they?

[little jeremiah]

And I have no forgiveness or trust of 0bama who has proven himself - even if he turns out to somehow be a natural born citizen - anything other than a lying, marxist, (former) crack head, narcissistic, racist, radical Muslim terrorist sympathizing, huge gov’t spending, criminal dirty politics practicing, homosexual agenda friendly, baby killing thug whose associates are to a man (and woman) similar slime, and has hidden practically all records about his entire life.

[little jeremiah]

“From the evidence presented, it would appear that BHO was born in Hawaii and that would without question make him a natural born citizen.”

Could you please detail what that evidence is.

[little jeremiah]

It seems as though more than a couple of these people themselves have dual or even triple citizenship, or were born in foreign countries, or have children or relatives who were so born. And the idea that none of them might be eligible to president if 0bama isn’t, upsets them.

Becoming president is not a right, for one thing.

That is, if what they are saying about their own citizenship, birth, relatives’ births, etc is true. On the internet, one never knows.

[El Gato]

I learned of the subpoenas here at FreeRepublic.

All all can find is that subpoenas were requested in the petion to the court. The service date for the Hawaii Department of Health Statistics, was to have been yesterday. I think if that had been served, it would have shown up in my search.

[El Gato]

http://www.law.cornell.edu/uscode/html/uscode08/usc_sec_08_00001401----000-.html

Does not say anything about Natural Born Citizenship. It talks about Citizens and Nationals "at birth", but not natural born citizens or natural born citizenship.

[Gemsbok]

The intent and writing of the Constitution IS crystal clear, I capitalized the differences in the requirements. If a simple requirement of ordinary citizenship was the POTUS requirement, they would have said CITIZEN consistently. Instead they said:

Article. I.
No Person shall be a REPRESENTATIVE who shall not have attained to the Age of TWENTY FIVE YEARS, and been SEVEN YEARS a CITIZEN of the United States, and who shall not, when elected, be an Inhabitant of that State in which he shall be chosen.

No Person shall be a SENATOR who shall not have attained to the Age of THIRTY YEARS, and been NINE YEARS a CITIZEN of the United States, and who shall not, when elected, be an Inhabitant of that State for which he shall be chosen.

NO PERSON EXCEPT A NATURAL BORN CITIZEN, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of PRESIDENT; neither shall any Person be eligible to that Office who shall not have attained to the Age of THIRTY FIVE YEARS, and been FOURTEEN Years a Resident within the United States.

So here we have it:

US Representative: Age 25, 7 yrs. resident & citizen
US Senator.......: Age 30, 9 yrs. resident & citizen
US PRESIDENT.....: Age 35, 14yrs. resident & NATURAL BORN

Obama has always known that he dooes not meet the requirement of Natural Born. It explains why he attempted to insert verbage into Senate Resolution 511 and the Passport breeches (thrice) by those advisors related to his campaign.

[trumandogz]

Sorry, I will never be bedfellows with a person who wants to charge our president with murder.

[Polarik]

Generally speaking, if your case is not even heard in any of the lower courts, its kind of stupid to keep appealing the case to SC.

Wrong. That is exactly how cases get to be heard by the SCOTUS.

[John Valentine]

This doesn't help you.

It helps me a hell of a lot more than it helps you. In addition, reason is on my side.

[Polarik]

“I was am a natural born citizen and I was born not long after Obama and outside of the United States. I have a Birth Certificate issued by the US Embassy to prove it.”

You can have 100 birth certificates but you won't be a natural-born citizen.

[John Valentine]

If you could substitute truth for condescension you'd be right.

So, what is this? If I try to explain how this works to someone else, it's condescending? What's condescending is insisting against all reason and precedent that everyone who disagrees with you is wrong without providing a single shred of explanation or justification - like you have.

[trumandogz]

Okay, so if he was born in Hawaii, he would be a natural born citizen?

[trumandogz]

Perhaps I missed it, but what you linked said nothing about natural born citizen.

[John Valentine]

For most people, the issue of “natural born” is completely irrelevant.

The only job or position I know of where this is a requirement is that of the President of the United States. It is unique in this respect.

[trumandogz]

Would that January 9th Berg conference be before or after Dick Cheney and the House and Senate confirm the vote of the Electoral College?