marasmius
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WorldNetDaily Sunday, November 9, 2008 Today's Edition
The Report From Washington
Ellis Washington
Obama and our coming constitutional crisis
Posted: November 08, 2008
1:00 am Eastern
© 2008
I was in the delivery room in [Mombosa,] Kenya, when he was born Aug. 4, 1961.
~ Obama's paternal grandmother
Nothing is more important than enforcing the Constitution.
~ Philip Berg, petitioner – Philip J. Berg v. Barack Obama, et al. (2008)
As President-elect Barack Obama ascends to the presidency of the United States, there still remains a looming cloud above his head like the sword of Damocles. If and when that sword will fall plunging America into a constitutional crisis depends on a number of desperate and remarkable variables.
Before I get into these variables, let's examine what the Constitution says. What are the requirements to become president? Section 1 of Article II of the U.S. Constitution states that a president must:
be a natural born citizen of the United States;
be at least 35 years old;
have lived in the U.S. for at least 14 years.
The inevitable constitutional crisis regarding Obama, of course, revolves around his inability (or unwillingness) to produce an authentic Hawaiian birth certificate with the raised certificate stamp that the Federal Elections Commission can independently verify.
I know there are those who say Obama has produced an authentic birth certificate and posted it on his website, but experts and amateurs alike quickly found numerous errors in that document and deemed it a forgery (and a bad one at that).
Philip J. Berg, a Democratic operative and former deputy attorney general of Pennsylvania, has assumed the tragic role of Prometheus, ascended Mount Olympus, the abode of Zeus, and has launched a one-man campaign to force Obama to verify his U.S. citizenship by suing the senator, the Democratic National Committee and the Federal Election Commission, to verify that indeed he is worthy to be president of the United States by producing a real birth certificate.
Here are some of the unanswered issues hanging over the head of President-elect Barack Obama and the question of his American citizenship cited in an earlier article by WND news editor Drew Zahn:
The allegation that Obama was born in Kenya to parents unable to automatically grant him American citizenship;
The allegation that Obama was made a citizen of Indonesia as a child and that he retained foreign citizenship into adulthood without recording an oath of allegiance to regain any theoretical American citizenship;
The allegation that Obama's birth certificate was a forgery and that he may not be an eligible, natural-born citizen;
The allegation that Obama was not born an American citizen; lost any hypothetical American citizenship he had as a child; that Obama may not now be an American citizen and even if he is, may hold dual citizenships with other countries. If any, much less all, of these allegations are true, the suit claims, Obama cannot constitutionally serve as president.
The allegations that "Obama's grandmother on his father's side, half brother and half sister claim Obama was born in Kenya," the suit states."Reports reflect Obama's mother went to Kenya during her pregnancy; however, she was prevented from boarding a flight from Kenya to Hawaii at her late stage of pregnancy, which apparently was a normal restriction to avoid births during a flight. Stanley Ann Dunham (Obama) gave birth to Obama in Kenya, after which she flew to Hawaii and registered Obama's birth."
The claim could not be verified by WND inquiries to Hawaiian hospitals, since state law bars the hospitals from releasing medical records to the public;
Even if Obama produced authenticated proof of his birth in Hawaii, however, the suit claims that the U.S. Nationality Act of 1940 provided that minors lose their American citizenship when their parents expatriate. Since Obama's mother married an Indonesian citizen and moved to Indonesia, the suit claims, she forfeited both her and Barack's American citizenship.
Unfortunately, just 10 days before the election, a court of appeals judge threw out Berg's lawsuit challenging the veracity of Obama's U.S. citizenship status on technical grounds. Judge R. Barclay Surrick, a Jimmy Carter-appointed judge, amazingly (and with a tinge of irony), stated his opinion in part:
In a 34-page memorandum that accompanied the court order, the Hon. R. Barclay Surrick concludes that ordinary citizens can't sue to ensure that a presidential candidate actually meets the constitutional requirements of the office.
Surrick defers to Congress, saying that the legislature could determine "that citizens, voters, or party members should police the Constitution's eligibility requirements for the Presidency," but that it would take new laws to grant individual citizens that ability.
"Until that time," Surrick says, "voters do not have standing to bring the sort of challenge that Plaintiff attempts to bring."
Judge Surrick, quoting from Hollander, concludes, "The alleged harm to voters stemming from a presidential candidate's failure to satisfy the eligibility requirements of the Natural Born Citizen Clause is not concrete or particularized enough to constitute an injury."
Surrick also quotes Lujan v. Defenders of Wildlife, which stated, in part, "The Supreme Court has consistently held that a plaintiff raising only a generally available grievance about government – claiming only harm to his and every citizen's interest in proper application of the Constitution and laws, and seeking relief that no more directly and tangibly benefits him than it does the public at large – does not state an Article III case or controversy."
Constitutionally speaking, Judge Surrick's reasoning is completely illogical and a total dereliction of his duty as a judge to substantively address this most vital constitutional controversy. Instead, in a gutless manner, Surrick dismissed Berg's complaint 10 days before the elections on a technicality of standing, which to any rational person begs the question: If Philip J. Berg as an American citizen, a respected Democratic operative and former attorney general of Pennsylvania doesn't have the "standing" to bring this type of lawsuit against Obama, then who in America does have standing? The good judge in all 34 pages of legal mumbo jumbo didn't bother to answer this pivotal question.
That Berg's complaint is not "concrete or particularized enough to constitute an injury" is an amazing admission by any person that went to law school and even more so given the fact that Surrick is a respected appellate judge!
I am somewhat hopeful that Berg will successfully appeal Surrick's outrageous decision to 3rd Circuit Court of Appeals and then to the United States Supreme Court if necessary, even if technically he doesn't have standing to hold Obama accountable to the Constitution. Why? Because this is America, and out of 300 million people, someone should give a damn enough about this republic to make sure the person who holds the highest elected office in the land holds it legitimately based on the black letter text of Article II, Section 1 of the U.S. Constitution.
Unless and until Obama's citizenship question is definitively put to rest, then the proverbial sword of Damocles will continue to dangle precariously over his head and America will face 50 lawsuits from all 50 states demanding that President Barack Obama prove that he is an authentic American citizen according to the U.S. Constitution.
http://www.worldnetdaily.com/index.php?fa=PAGE.view&pageId=80435
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| Posted Nov 9, 2008, 8:08 pm |
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roscoe
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The appeal has been filed with Judge Souter. What will happen is a good question as the Electoral College does not vote officially until Dec 15. If the Supremes overturn the election on this basis it will mean the end of Civilisation.
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| Posted Nov 9, 2008, 8:42 pm |
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trent13
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When I told my husband about the combat units assigned to US homeland he said that the only reason why he thought they would need it would be to control rioting blacks (and I thought to myself where does he come up with this stuff??) but when I think of what would happen in this country were Obama made a non-presidential elect considering the mass exctasy and tears of joy over his election... maybe he's not so far off the mark. (Either way it is still very suspect and apparently illegal)
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marasmius
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Obama's "Natural Born" Status
It's the birth certificate issue again.
Alan Keyes, 2008 American Independent Party candidate, filed a lawsuit in California Superior Court Friday challenging Barack Obama's right to serve under the Constitution that specifies that candidates for the presidency must be "natural born" citizens of the United States.
The suit demands that Obama produce a certificate of live birth from a hospital in Hawaii to prove his status as natural born. More specifically, the suit petitions the State of California and it's Secretary of State to withhold Californian's electoral votes from Obama at its meeting of electoral delegates in December unless he can provide documentary proof of his "natural born" status.
The suit asserts that the Hawaiian hospital that claims it holds the certificate on file but will not release it has not provided sufficient evidence to show proof of "natural born" citizenship. Under Hawaiian law, a birth certificate can be issued in Hawaii if the parents are citizens of Hawaii but the child does not actually have to be born in Hawaii. The suit asserts that if this was the basis for issuance of Obama's certificate it does not meet the requirement that he be a "natural born" citizen under the United States Constitution. Here is the portion of the petition for writ of mandate that makes that point of contention:
74. A press release was issued on October 31, 2008, by the Hawaii Department of Health by its Director, Dr. Chiyome Fukino. Dr. Fukino said that she had “personally seen and verified that the Hawaii State Department of Health has Senator Obama’s original birth certificate on record in accordance with state policies and procedures.” That statement failed to resolve any of the questions being raised by litigation and press accounts. Being “on record” could mean either that its contents are in the computer database of the department or there is an actual “vault” original.
75. Further, the report does not say whether the birth certificate in the “record” is a Certificate of Live Birth or a Certificate of Hawaiian Birth. In Hawaii, a Certificate of Live Birth resulting from hospital documentation, including a signature of an attending physician, is different from a Certificate of Hawaiian Birth. For births prior to 1972, a Certificate of Hawaiian Birth was the result of the uncorroborated testimony of one witness and was not generated by a hospital. Such a Certificate could be obtained up to one year from the date of the child’s birth. For that reason, its value as prima facie evidence is limited and could be overcome if any of the allegations of substantial evidence of birth outside Hawaii can be obtained. The vault (long Version) birth certificate, per Hawaiian Statute 883.176 allows the birth in another State or another country to be registered in Hawaii. Box 7C of the vault Certificate of Live Birth contains a question, whether the birth was in Hawaii or another State or Country. Therefore, the only way to verify the exact location of birth is to review a certified copy or the original vault Certificate of Live Birth and compare the name of the hospital and the name and the signature of the doctor against the birthing records on file at the hospital noted on the Certificate of the Live Birth.
http://open.salon.com/content.php?cid=44227
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| Posted Nov 16, 2008, 3:03 pm |
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roscoe
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The top 7 stories on World Net Daily at this time are about the Oboma birth cert. 'Pastor' Manning is saying that the challenge brought by Alan Keyes re: the California electoral votes cannot be ignored. Ciao
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| Posted Nov 23, 2008, 1:08 am |
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roscoe
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The top 14 stories on World Net Daily at this time are all about Oboma's birth cert.
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| Posted Nov 26, 2008, 2:25 am |
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marasmius
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Where was Obama born?
Posted: November 26, 2008 Joseph Farah
World Net Daily
1:00 am Eastern
© 2008
I heard about an elementary school in New York that was renamed for Barack Obama.
You may have heard about the plans to designate Nov. 4 as Barack Obama Day.
But, so far, at least, I have not heard of any plans for so much as a plaque to be installed in the hospital in which the next president was born.
Do you know why?
Because the location of the hospital in which Barack Obama was born is something of a state secret.
It is information the American people should know, because it would be revealed on his birth certificate – if only we could see it.
The story, as told in Obama's ghostwritten autobiography, "Dreams of My Father," is that he was born in Hawaii Aug. 4, 1961. Yet, the only alleged birth certificate released by the Obama campaign lacks the significant details normally associated with such a document – like specifically where he was born.
This is important constitutionally beyond proving mere citizenship. The Constitution requires presidents to be "natural born" Americans – meaning born within the United States. In Hawaii circa 1961, it was possible – even routine – to register foreign births.
If, as some evidence strongly suggests, including the testimony of two Obama relatives to WND senior staff writer Jerome Corsi who say they were present when he was born in Mombasa, Kenya, in 1961, he was born abroad and merely registered in Hawaii, that would slam-dunk disqualify him from serving – unless, like John McCain, both his parents were U.S. citizens. Since Obama's autobiography also states that his mother was a minor and his father a citizen of Kenya, only the production of actual hospital records on a long-form birth certificate can provide the necessary information.
Do you have doubts about Obama's eligibility to serve as president because of his mysterious birth? Sign WND's petition calling on all controlling legal authorities to seek the long-form birth certificate that will answer the questions and to release the information publicly to quell all suspicions.
Does dotting every "i" and crossing every "t" when it comes to constitutional eligibility questions for the highest office in the land warrant being characterized as a "tin-foil hat conspiracist" as some of the self-proclaimed truth-detector sites on the Internet suggest?
I don't think so.
And I'm not afraid of being called derogatory names for defending the Constitution's literal meaning and clear standards for eligibility for office.
I know where George W. Bush was born – Grace-New Haven Community Hospital in Connecticut.
I know where Bill Clinton was born – the Julia Chester Hospital in Hope, Ark.
I even know Abraham Lincoln was born in a log cabin.
Why is there so much secrecy about the birthplace of Barack Hussein Obama Jr.?
If you doubt what I am saying, try to find any reference to a hospital associated with Obama's birth. The only one you will find anywhere is the Coast Provincial Hospital in Mombasa, Kenya, where his African relatives claim to have been present when he arrived.
I wonder if they will install a plaque there?
That would be pretty embarrassing.
In fact, it will be pretty embarrassing to America if we install a president Jan. 20 and later find out he was ineligible under Article 2, Section 1 of the Constitution.
That's why I am spearheading a petition drive to get the answer to this most basic question and end all of the serious doubt that surrounds this mystery.
If you don't believe the doubts are widespread, just take a look at how many people have signed that petition. As I write this column, they are signing up at the rate of 1,000 per hour – day, night, 24 hours, around the clock.
Barack Obama can end this controversy by doing something he should have done a long time ago – especially as a presidential wannabe pledged to more open government. He should release his long-form birth certificate. If he doesn't do it, we need to make sure some controlling legal authority does before he is sworn in as president.
http://wnd.com/index.php?fa=PAGE.view&pageId=81964
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| Posted Nov 26, 2008, 11:26 pm |
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Stephanos II
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Speaking of birth, I am glad Obama was not aborted since I am against all abortion. But Obama obviously does not share in this. Ah, regret is awful. It is like a sword turned upon oneself. Did you all know? According to Obama’s paternal grandmother, Barak Hussein Obama is NOT a natural born citizen. According to the United States Constitution he CANNOT be President. Period.
See:
http://www.cathinfo.com/index.php?a=topic&t=6149
Read the whole article and the whole thread. It makes clear there was no oath of allegiance later, either. Obama CANNOT lawfully assume the Presidency.
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Jn:14:6:
6 Jesus saith to him: I am the way, and the truth, and the life. No man cometh to the Father, but by me. (DRV)
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| Posted Nov 27, 2008, 1:33 am |
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roscoe
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Acc to this article, the Donofrio case has been denied however, 'at least one case remains'. Those of us who are 'clinging to our guns and religion' have not lost all hope, although it should be noted that the Mr Berg was the atty for Ellen Mariani and she didn't get alot out of him.
http://news.yahoo.com/s/ap/20081208/ap_on_go_su_co/scotus_obama
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| Posted Dec 8, 2008, 10:08 pm |
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roscoe
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I do not know what Vandaler is reading because the article says tha Berg suit ' remains at the court.'
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| Posted Dec 9, 2008, 1:04 am |
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roscoe
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And I disagree with sedetrad as the Berg case is probably the strongest one and the Alan Keyes effort seems to be alive also.
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| Posted Dec 9, 2008, 1:26 am |
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