Tuesday, October 28, 2008
Activist wishy washy Judge dismisses Obama birth certificate lawsuit:Do "WE THE PEOPLE" have any say anymore?
Isaiah 10:1
WOE TO those [judges] who issue unrighteous decrees, and to the magistrates who keep causing unjust and oppressive decisions to be recorded,
[ Christian media daily Editor's comment: It would be so quick and easy to defuse this controversy by simply releasing notarized versions of the documents in question - which leaves us wondering why this hasn't been done. If you recall how unpleasant the Al Gore recount situation became after the 2000 election, just think what could happen if a constitutional crisis were allowed to develop based on the ineligibility of the winner!.]
JUDGE Surrick says, "voters (WE THE PEOPLE) do not have standing to bring the sort of challenge that Plaintiff attempts to bring."
"This is a question of who has standing to stand up for our Constitution," DEMOCRATIC PARTY Contributor and LAWYER Berg told Jeff Schreiber of America's Right blog. "If I don't have standing, if you don't have standing, if your neighbor doesn't have standing to ask whether or not the likely next president of the United States – the most powerful man in the entire world – is eligible to be in that office in the first place, then who does?"
COMMENTARY. WE THE PEOPLE MYTH? ( stories also below)
So when are "WE THE PEOPLE" going to have actual FAIR justice ever in this sewer filled world? When did it become a law that an average citizen cannot bring a fair lawsuit to ask for a resume' oif a public servant? Shouldn't Public servants be TRANSPARENT? We have a Constitution that speaks LOUDLY by itself and we have a fair lawsuit against a candidate who will not show his credentials to qualify for the Presidency. All Obama has to do is Show His birth certificate and the lawsuit will end correct either in his favor or not? SIMPLE. Show you Birth certificate OBAMA and this ends. SO easy. Just tell the TRUTH. It is many a wonder that this by OBAMA, the DNC, the American judicial system etc. will not recognize and continues to willfully ignore this problem hanging over his head. And just like I proclaimed before Some suspicious act follows which seems by an activist judge overstepping his boundaries against WE THE PEOPLE and not allowing a case to be brought to the public's attention is dismissed because of WHAT! No citizen or citizens that means "WE THE PEOPLE" are not allowed to challenge any person credentials for running for PUBLIC office? How much more can we take AMERICAN. IS THE "CHANGE" THESE CANDIDATES WANT AND ARE HYPING ABOUT TO THE PEOPLE GOING TO BE THE RUINING OF AMERICA AS WE THE PEOPLE WHO NO MORE HAVE NO SAY TRUTHFULLY. Looks like the sewer will never be cleaned. 2nd Amendment protectors here is your battle. Bearing arms soon because "WE THE PEOPLE" need a well regulated militia to regulate those immoralist who are tyrannic it seems. They want CHANGE and they will destroy WE THE PEOPLE to get it.
Psalm 82:1-5
1GOD STANDS in the assembly [of the representatives] of God; in the midst of the magistrates or judges He gives judgment [as] among the gods.
2How long will you [magistrates or judges] judge unjustly and show partiality to the wicked? Selah [pause, and calmly think of that]!
3Do justice to the weak (poor) and fatherless; maintain the rights of the afflicted and needy.
4Deliver the poor and needy; rescue them out of the hand of the wicked.
5[The magistrates and judges] know not, neither will they understand; they walk on in the darkness [of complacent satisfaction]; all the foundations of the earth [the fundamental principles upon which rests the administration of justice] are shaking.
And GOD WILL BRING JUDGMENT TO THOSE PRACTICING WICKEDNESS.
WND ELECTION 2008
Judge dismisses Obama birth certificate lawsuit
Rules voters don't have standing to 'police' constitutional requirements for president
Posted: October 25, 2008
3:14 pm Eastern
By Drew Zahn
© 2008 WorldNetDaily
Philip J. Berg
A lawsuit filed by Democratic attorney Philip Berg alleging that Sen. Barack Obama is ineligible to be president was dismissed by a federal judge yesterday on grounds that Berg lacks standing to bring the lawsuit.
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."
Berg has maintained that uncertainty about how the U.S. does enforce the requirements of presidency may result in a constitutional crisis should an ineligible candidate win the office.
"This is a question of who has standing to stand up for our Constitution," Berg told Jeff Schreiber of America's Right blog. "If I don't have standing, if you don't have standing, if your neighbor doesn't have standing to ask whether or not the likely next president of the United States – the most powerful man in the entire world – is eligible to be in that office in the first place, then who does?"
(Story continues below)
As WND reported, Berg filed suit in U.S. District Court in August, alleging Obama is not a natural-born citizen and is thus ineligible to serve as president of the United States. Berg demanded that Obama provide documentation
to the court to verify that the candidate was born in Hawaii, as Obama contends, and not in Kenya, as Berg believes.
Surrick did not rule on the birth certificate controversy, though he did express skepticism over the notion that a foreign-born Obama would have escaped the primaries without being discovered.
"Plaintiff would have us derail the democratic process by invalidating a candidate for whom millions of people voted," Surrick states, "and who underwent excessive vetting during what was one of the most hotly contested presidential primary [sic] in living memory."
Instead, Surrick cites Aritcle III of the U.S. Constitution, limiting federal judicial power to handling cases and controversies in which plaintiffs have clear standing through specific, personal injury.
Berg, the judge ruled, simply didn't have a case for a particular injury and thus, had no standing to sue.
Surrick's ruling cites a case deemed similar, Hollander v. McCain, in which it was alleged during the primary season that since he was born in the Panama Canal Zone, John McCain is not a natural-born citizen either. The judge in the Hollander case also ruled a voter cannot sue to prevent an allegedly unconstitutional candidate.
Based in part on Hollander, Surrick 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 held, "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."
Berg told America's Right that even if he technically can't hold Obama accountable to the Constitution, someone should. He plans to appeal his case to the Third Circuit Court of Appeals and then to the United States Supreme Court.
Obama birth certificate suit update
As we reported in September, Philip Berg, a Pennsylvania attorney and a Democrat, filed for declaratory and injunctive relief against Barack Obama and the DNC claiming that Obama’s birth certificate and citizenship are in question and demanding sufficient proof. Rather than just produce the documents, however, Obama’s legal team is trying to get the suit dismissed. As we have noted in the past, part of Obama’s trouble comes via his associations and this case is another indictment itself. One of the attorneys Obama hired is Joe Sandler, an attorney for CAIR, a.k.a. the Council on American-Islamic Relations, the Leftist “civil liberties” group that specializes in stifling free speech.
Obama Ignores Citizenship Lawsuit
Failure of Democrats to answer lawyer’s charges in 30 days means candidate admits charges by default
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By Pat Shannan
The Pennsylvania attorney who challenged the Democratic presidential candidate’s “natural birth” has claimed victory in his federal suit because the defendants, Sen. Barack Obama and the Democratic National Committee, have failed to answer the suit within the required 30 days, thereby losing by default.
On October 21, Berg announced that Obama and the DNC “admitted” to, by way of failure of timely response to “requests for admissions,” the specific requests in the federal lawsuit. “Obama is not qualified to be president, and therefore he must immediately withdraw his candidacy for president, and the DNC shall substitute a qualified candidate,” Berg told AFP.
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The case is Berg v. Obama. Within the 56 counts to which Obama has now legally admitted are: My mother gave birth to me at the Coast Province Hospital in Mombasa, Kenya; the Certification of Live Birth posted on the website “Fightthesmears.com” is a forgery; I was not born in Hawaii; I am not a “natural born” U.S. citizen who satisfies the requirement to run for president, and my senior campaign staff knows this. Neither am I a “naturalized” citizen; also: I am a citizen of Indonesia; In 1981, I traveled on my Indonesian passport to Pakistan, a nation that did not allow Americans to enter [except on official business]; I obtained $200 million in campaign funds by fraudulent means.
Berg, a former deputy attorney general in Pennsylvania, lists 27 other counts to which the DNC has now admitted guilt.
These include:
1.) The DNC did not verify Barrack Obama’s eligibility to serve as president by performing a background check. 2.) The DNC admits Obama is not a “natural born” U.S. citizen. 3.) The Credentials Committee, along with Chairman Howard Dean, has been aware of this lawsuit since Aug. 22, 2008, when the lawsuit was faxed to its Washington D.C. office, but failed to verify the credentials of Obama. 4.) Plaintiff and all Democratic citizens of the United States have been personally injured as a result of not having a qualified Democratic presidential nominee to cast their votes upon. 5.) The Democratic National Committee has been promoting Obama’s presidential election knowing he was ineligible to serve as president.
Seeing the apparent stonewalling by the federal court in Pennsylvania since August, Steven Marquis of Fall City, Wash. has taken state action with the Obama birth certificate battle by filing suit in Washington State Superior Court against Secretary of State Sam Reed, demanding verification of Obama’s citizenship status.
The complaint demands that the Washington secretary of state verify and certify that Obama is or is not a “natural born” citizen by producing original or certified verifiable official documents. The lawsuit argues that this certification should take place before the election to preclude a constitutional crisis and likely civil unrest should such certification, after the election, prove that Obama was not qualified for office.
The complaint argues that the secretary of state has the duty to not only certify the voters but also the candidates and in so doing prevent the wholesale disenfranchisement of voters who would have had an opportunity to choose from qualified candidates had the certification preceded the election process. He also has the power to remove Obama from the ballot should his certification be questionable.
Obama has not allowed independent or official access to his birth records nor supporting hospital records. The Hawaii Health Department has violated federal law by ignoring Freedom of Information requests.
However, the federal judge in Pennsylvania has been delaying the case, stonewalling as election day 2008 approached.
Obama’s grandmother, still alive in Kenya, has asserted that she remembers the boy’s birth in that country in 1961 and that his mother moved him to Hawaii shortly thereafter. The Pennsylvania suit maintains that even if Obama was born in Hawaii, he lost his citizenship when he was adopted by his Indonesian stepfather six years later.
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