Obama appeals to Supreme Court
Posted on October 4, 2008 by goesdownbitter
Update October 26th, 2008: Philip Berg has appealed to the U.S. Supreme Court to overturn the ruling against his lawsuit. The case is Berg v. Obama, No. 08-cv-04083
“I am totally disappointed by Judge Surrick’s decision and, for all citizens of the United States, I am immediately appealing to the U.S. Supreme Court. This is a question of who has standing to uphold our Constitution. If I don’t have standing, if you don’t have standing, if your neighbor doesn’t have standing to question the eligibility of an individual to be President of the United States - the Commander-in-Chief, the most powerful person in the world - then who does? So, anyone can just claim to be eligible for congress or the presidency without having their legal status, age or citizenship questioned. According to Judge Surrick, we the people have no right to police the eligibility requirements under the U.S. Constitution.”
Update October 24th, 2008: A federal judge in Philadelphia last night threw out a complaint by a Montgomery County lawyer who claimed that Democratic presidential candidate Barack Obama was not qualified to be president and that his name should be removed from the Nov. 4 ballot.
Judge rejects Montco lawyer’s bid to have Obama removed from ballot, By MICHAEL HINKELMAN, Philadelphia Daily News
Update October 22nd, 2008: The Federal Election Commission files petition to dismiss based on plaintiffs lack of constitutional jurisdiction.
Out in the Bitter Hinterlands the question of whether Barack Obama is eligible under the Constitution of the United States of America has long been in doubt.
This link to What’s your evidence? is a detailed legal rejection of the Philip Berg lawsuit. In the comment thread below is additional information.
The Philadelphia Times-Herald reports here of a motion to dismiss the lawsuit of Philip Berg against Barack Obama on September 26th, 2008. [Note: The Times-Herald link is no longer active.] The text of the Philip Berg’s rejection of the move to dismiss is dated September 29th, 2008. The entire case history is here.[New filings are posted weekly. Read the latest entry by scrolling down.]
The lawsuit alleges that Barack Obama was in fact born in Kenya and thus ineligible to be president. Berg’s latest order demands Obama’s “vault” version ( certified copy of his “original” long version ) Birth Certificate; and a certified copy of Obama’s Certification of Citizenship; a certified copy of Obama’s Oath of Allegiance.
Posted on Barack Obama’s website Fight The Smears is his Hawai’ian birth certificate and this statement:
“When Barack Obama Jr. was born on Aug. 4,1961, in Honolulu, Kenya was a British colony, still part of the United Kingdom’s dwindling empire. As a Kenyan native, Barack Obama Sr. was a British subject whose citizenship status was governed by The British Nationality Act of 1948. That same act governed the status of Obama Sr.‘s children.Since Sen. Obama has neither renounced his U.S. citizenship nor sworn an oath of allegiance to Kenya, his Kenyan citizenship automatically expired on Aug. 4,1982.”
A broader issue however is that even though Barack was certainly born in Hawai’i when Obama was possibly adopted by Lolo Soetoro around age six that meant that Barack’s name was changed to Barry Soetoro and he may have become an Indonesian citizen as a child. This also means that the birth certificate posted on Fight The Smears would have been sealed per adoption laws in Hawai’i and a new record created listing Lolo Soetoro as the father. This documentation has never been shown. As with Kenya, Indonesia did not allow dual-citizenship at that time.
The Constitution of the United States of AmericaArticle IISection 1.[Paragraph 5:] 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.
Posted on October 4, 2008 by goesdownbitter
Update October 26th, 2008: Philip Berg has appealed to the U.S. Supreme Court to overturn the ruling against his lawsuit. The case is Berg v. Obama, No. 08-cv-04083
“I am totally disappointed by Judge Surrick’s decision and, for all citizens of the United States, I am immediately appealing to the U.S. Supreme Court. This is a question of who has standing to uphold our Constitution. If I don’t have standing, if you don’t have standing, if your neighbor doesn’t have standing to question the eligibility of an individual to be President of the United States - the Commander-in-Chief, the most powerful person in the world - then who does? So, anyone can just claim to be eligible for congress or the presidency without having their legal status, age or citizenship questioned. According to Judge Surrick, we the people have no right to police the eligibility requirements under the U.S. Constitution.”
Update October 24th, 2008: A federal judge in Philadelphia last night threw out a complaint by a Montgomery County lawyer who claimed that Democratic presidential candidate Barack Obama was not qualified to be president and that his name should be removed from the Nov. 4 ballot.
Judge rejects Montco lawyer’s bid to have Obama removed from ballot, By MICHAEL HINKELMAN, Philadelphia Daily News
Update October 22nd, 2008: The Federal Election Commission files petition to dismiss based on plaintiffs lack of constitutional jurisdiction.
Out in the Bitter Hinterlands the question of whether Barack Obama is eligible under the Constitution of the United States of America has long been in doubt.
This link to What’s your evidence? is a detailed legal rejection of the Philip Berg lawsuit. In the comment thread below is additional information.
The Philadelphia Times-Herald reports here of a motion to dismiss the lawsuit of Philip Berg against Barack Obama on September 26th, 2008. [Note: The Times-Herald link is no longer active.] The text of the Philip Berg’s rejection of the move to dismiss is dated September 29th, 2008. The entire case history is here.[New filings are posted weekly. Read the latest entry by scrolling down.]
The lawsuit alleges that Barack Obama was in fact born in Kenya and thus ineligible to be president. Berg’s latest order demands Obama’s “vault” version ( certified copy of his “original” long version ) Birth Certificate; and a certified copy of Obama’s Certification of Citizenship; a certified copy of Obama’s Oath of Allegiance.
Posted on Barack Obama’s website Fight The Smears is his Hawai’ian birth certificate and this statement:
“When Barack Obama Jr. was born on Aug. 4,1961, in Honolulu, Kenya was a British colony, still part of the United Kingdom’s dwindling empire. As a Kenyan native, Barack Obama Sr. was a British subject whose citizenship status was governed by The British Nationality Act of 1948. That same act governed the status of Obama Sr.‘s children.Since Sen. Obama has neither renounced his U.S. citizenship nor sworn an oath of allegiance to Kenya, his Kenyan citizenship automatically expired on Aug. 4,1982.”
A broader issue however is that even though Barack was certainly born in Hawai’i when Obama was possibly adopted by Lolo Soetoro around age six that meant that Barack’s name was changed to Barry Soetoro and he may have become an Indonesian citizen as a child. This also means that the birth certificate posted on Fight The Smears would have been sealed per adoption laws in Hawai’i and a new record created listing Lolo Soetoro as the father. This documentation has never been shown. As with Kenya, Indonesia did not allow dual-citizenship at that time.
The Constitution of the United States of AmericaArticle IISection 1.[Paragraph 5:] 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.