Another Obama Constitutional Requirements Case in U.S. Supreme Court

Besides Berg v Obama, another lawsuit relating to whether President-elect Barack Obama holds the constitutional qualifications to be president, is now docketed in the U.S. Supreme Court. It is Donofrio v Wells, 08A407, and originated in New Jersey state courts. Whether you are interested in this subject or not, Donofrio’s blog (see here) describing his interactions with clerical staff at the U.S. Supreme Court is fascinating and should be read by anyone who is interested in legal procedures. Thanks to Bill Van Allen for the link, and to Glenn Brown for making me aware of the case.


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Another Obama Constitutional Requirements Case in U.S. Supreme Court — 23 Comments

  1. from We the People web site Nov 20th update
    http://www.wethepeoplefoundation.org/Update/Update2008-11-20.htm

    OBAMA RELATED DEVELOPMENTS

    As of Monday, November 17, 2008, licensed attorneys had filed three separate lawsuits in PA, NJ and CA to prevent Mr. Obama from assuming the Office of the President of the United States unless he provided documentary evidence proving he is a natural born citizen of the United States.

    Attorney Phil Berg filed his suit in federal court in Pennsylvania on behalf of himself. He sued Mr. Obama and the Democrat National Committee. His primary arguments are: a) if Mr. Obama was born in Kenya as the facts indicate, he is ineligible because his father was a Kenyan citizen and his mother had not been a US citizen for five years following the age of 14; and b) whether he was born in Kenya or Hawaii, his mother relinquished her (and therefore his) American citizenship when he was 4 years of age and she married an Indonesian citizen, moved to Indonesia and became a naturalized Indonesian citizen. His case was dismissed for “lack of standing.” He has appealed to the Supreme Court of the United States by filing a Petition for Writ of Certiorari (a plea to SCOTUS to hear an appeal from the lower Court’s decision). Defendants have notified SCOTUS they will not be filing a memorandum in opposition to Berg’s plea. Within a few weeks after December 1st, the nine justices of the SCOTUS will decide if they will hear Berg’s case.

    Attorney Leo Donofrio filed his suit in federal court in New Jersey on behalf of himself. He sued the New Jersey Secretary of State, Nina Mitchell Wells. His argument is based on the historical context and purpose (the “original intent”) of the natural born citizen clause of the Constitution. He argues that to be a natural born citizen within the meaning of Article II, Section 1 of the Constitution, Mr. Obama’s father and mother both had to be US citizens and Mr. Obama had to be born on US soil. Mr. Obama’s father was not Kenyan citizen and Mr. Obama may have been born in Kenya.

    Attorneys Orly Taitz and Gary Kreep from the United Justice Foundation filed their suit in State Court in California on behalf of a presidential candidate and his running mate who were on the ballot in California on the American Independent Party line – i.e., Alan Keyes and Willey Drake. They sued the CA Secretary of State and each of the 55 state electors (CA members of the Electoral College scheduled to cast their votes for Mr. Obama on December 15). Their principle argument is that they not only have standing to sue, the 55 state electors cannot cast their votes for Mr. Obama until the Secretary of State completes her ministerial task of determining if Mr. Obama is eligible to hold the office of President of the United States, a task she failed to undertake prior to the Primary and General Elections.

    There is a rumor that four licensed attorneys are representing twenty-three electors from four states in one federal lawsuit that has been filed, also challenging Mr. Obama’s eligibility.

    In addition, a series of other lawsuits have been filed by citizens who are not attorneys.

    Most notable, Andy Martin filed his suit in Hawaii. He is seeking an order directing the Hawaiian officials to produce Mr. Obama’s original, 1961, typewritten Certificate of Live Birth. Martin had a court hearing on November 18th. The judge reserved decision.

    In addition, on October 17th New York citizen Christopher Strunk filed a Freedom of Information Request with the US Department of State seeking the foreign travel records of Mr. Obama’s mother. Thus far, the Dept. of State has not responded to the request. On November 10th, Strunk filed a Writ of Mandamus in the US Court of Appeals for the Second Circuit seeking an order directing the State Department to release the travel records. On November 14th the Writ was denied, without comment.

  2. I pray that someone with influence in the media or the government reads this and is compelled to bring the facts before the public.
    JUST IMAGINE THIS:
    If my High School Government teacher in 1978 would have told me that in 2008 the President Elect would have 15 lawsuits filed against him in the State Courts and 2 filed in The Supreme Court of the United States. If she said that the 17 lawsuits would accuse him of fraud and question his status as a natural born citizen. If she said that his father was a foreign national. That he had held citizenships from other countries that raised legitimate questions in regards to his natural born status. If I was told that the President Elect was not voluntarily coming forward with original documents and records that would put an end to the charges. That he was not publicly denouncing the claims and demanding that his honor be restored. Here is the big one, if she said that the major Newspapers and National TV News Networks over the course of the election and after his election would not report it because of bias for the candidate and fear that black people will riot and burn cities because of anger that the first black to be elected office may be disqualified. When she said millions and millions of people learned about it on reports from a digital web of world wide computers and were left waiting for the courts’ decisions and wondering what does the President Elect have to hide. Was he hiding something that had to wait until after his inauguration to go public? Would it have cost him election? I would have said that that would make for the start of a good novel. But no way could that ever happen.

    Well here we are. 11-18-08

    Tonight FOX News reported in detail on legal cases about the 8 year old Arizona Boy who may have killed his father, a Mom who may have cyber bullied a girl into committing suicide and yes a little more Drew Peterson updates for desert. Not a word on the existence of the 17 lawsuits accusing the next President of the United States to be a fraud. Is this fair and balanced reporting, you decide?

    Yesterday while reading an online news story a link led me to a report by Debbie
    Schlussel, a columnist who has put her name and reputation in red letters on documents that raise questions that Obama may have not registered for the draft and lied and that there may be forgery involved. Her source for the aforementioned documents identified himself. I am left wondering are these documents genuine, is this hoax. Where can I go for the answers? Will the Major News Papers or the National TV News Networks investigate this and honestly report what is true and what is false? Thirty years ago I would have thought so but now after the 2008 election I have serious doubts.

    Why are these reports not getting coverage and national attention? Why does Barrack Obama have to be protected from investigation? Is the DNC indirectly using fear of racial violence and riots to obtain and maintain their grasp of executive power? I am a white man and I have a picture of Martin Luther King on my desk. His picture reminds me to judge people “by the content of their character not the color of their skin.” I am a contractor and work with people of all colors every day. I personally employ 2 African Americans and 3 Lost Boys from Sudan. They are good men and deserve the all of respect they have earned in their lives. The current political and racial climate makes me sick. I understand the crime and injustice have been committed against Blacks in this country and that the Courts, the Press, and the government have been involved in these injustices. It was wrong then and it is wrong now. Will fear of race riots and violence keep the truth from being told to the people? If we let this happen then it may be the beginning of the end of the America we knew. Think about what could happen in the next 30 years if we reflect on what has happened over the last 30 years.

    I was born in 1961 and graduated High School in 1979 same as Barack Obama. My SSS record is genuine. I have been married 24 years, we have 2 children and a small business that my wife and I started 20 years ago that now employs 24 people. I pray to God for knowledge of his will for me.

  3. So, anyone know what president(or presdnt elect) spawned the most lawsuits that legally questionrd his qualifications to be president? Guess Obama is tops?

  4. Are the constitutional qualifications to be an office holder just as important as the constitutional qualifications to be an Elector-voter (or even more important) ???

    One guess as to who constitutions are made for — regardless of ALL of the *standing* JUNK in the courts regarding constitutions and laws relating to governments and government officers (noting that the lowest govt clerk is a govt officer — who has taken an oath to uphold the U.S.A. Constitution — like ALL U.S.A. and State/local officers).

  5. What a bunch of garbage.
    When are you tin-hat conspiracy idiots going to accept that Barack Obama will be your president.

    He was NOT born in Kenya, he HAS provided his Birth Certificate which clearly shows him to have been born in Hawaii.

    He was born on American soil, so nothing else matters, not even the citizenship status of his parents.

    Grow up people, and find something real to get you panties in a twist over.

    N_J

  6. There is now a online petition that can be signed to asking that the constitutional eligibility requirement be taken seriously and that any and all controlling legal authorities in this matter examine the complete birth certificate of Barack Obama, including the actual city and hospital of birth, and make that document available to the American people for inspection.

    http://www.wnd.com/index.php?fa=PAGE.view&pageId=81550

    I don’t think it will any good or harm. Just a way
    for people to get their frustrations out.

    McCain was born in a civilian hostpital in Panama while his father was working on a US military base.
    There were problems with both candidates in this department.

  7. I have submitted numerous link reguarding this to the Drudge Report, over the past forty five days not one ounce of coverage.

  8. This case has nothing to do with birth certificates. The New Jersey Secretary of State put Roger Calero, a native Nicaraguan, on the ballot. Her office admitted they did not determine the eligibity of the candidates before doing so – as required by law.

    This suit argues that Calero as well as Mcain and Obama are ineligble under the natural born citizen clause. Clarence Thomas sees in the validity in the argument based on Calero alone. So much so, that he’s put it to the full court.

    Over 8000 similar petitions are put to SCOTUS every year about 100 make it to this stage. This is serious.

    This same chain of events unfolded in 2000 Bush v. Gore and it was “Breaking News”. Fox won’t even cover it. This topic has been censored from even the conservative forums. What is going on???

  9. If you read all the law regarding being qualified to be President you would know that it doesn’t make a difference where Obama was born. Even if his mother moved to Kenya to have him…

    1) His mother was a citizen (many people site a law saying she would have had to have lived in the US for 5 years past her 14th birthday to qualify, but a more recent law which supercedes the old one says 2 years after your 14th birthday – which mean she would have qualified as a “citizen” for this purpose)

    2) The US routinely recognizes dual citizenship (this would come up if we found out that Obama had become an Indonesian citizen when he lived there)

    So I suppose there could be a scandal that Obama has been lying about where he was born, but he would not be denied the Presidency.

  10. Harriet,
    From which planet are you referring to? The legal requirements are in the constitution ! I’ll not waste my time to offer constitutional law classes. Do your own research. By the Way Supreme Court Justice Thomas HAS decided to give the case Full Conference, it was posted just above your post. But, I guess you are a notch sharper than him. By the way, the Honorable Justice Thomas is “Black” and a Historical asset to America.
    Wish I could say that for Barrack, Barry or whoever he is.

  11. Just a little more on your guy Barrack:
    Obama has provided all the information he should, so we can trust him, Right?

    1. Occidental College records — Not released
    2. Columbia College records — Not released
    3. Columbia Thesis paper — ‘ not available ‘
    4. Harvard College records — Not released
    5. Selective Service Registration — Not released
    6. Medical records — Not released
    7. Illinois State Senate schedule — ‘ not available ‘
    8. Law practice client list — Not released
    9. Certified Copy of original Birth certificate — Not released
    10. Embossed, signed, paper Certification of Live Birth — Not released
    11. Harvard Law Review articles published — None
    12. University of Chicago scholarly articles — None
    13. Your Record of baptism– Not released or ‘ not available ‘
    14. Your Illinois State Senate records– ‘ not available ‘

    If you applied for a job or Drivers license in most states you would get ZIP if you didn’t provide Proof
    about who you are! GIVE it UP Obama !

    If you voted for him, He is Your President Elect.

  12. It would seem that a certain ‘South shall rise again’ right-wing movement is trying to develop itself into a serious story. I thought America was better then that.

    If people were serious about this, then why not bring it up during the primary or the general election? Someone in the GOP would have run with it, if not the McCain-Palin Camapign itself.

    Could it be that their really is not secret story behind the leading questions? Could it be that Obama was born in the U.S., to a biological mother who was a U.S. citizen? Could it be that Obama never renounced the citizenship that he was born with?

    Nah, we are told, Obama must be trying to hide something — [enter racial/ethnic slur of your choice].

  13. In 1972, Socialist Workers Party presidential candidate Linda Jenness was kept off the Ohio ballot by Secretary of State Ted Brown, on the grounds that she wasn’t age 35. She sued in federal court but lost. Jenness v Brown, southern district, eastern div., civ. 72-204, decision of Sep. 27, 1972. It isn’t reported but I have a copy if anyone wants it.

  14. Hello ETJB,
    I love your point:
    “then why not bring it up during the primary or the general election? Someone in the GOP would have run with it, if not the McCain-Palin Camapign itself.”

    AS I recall it was Hillary Clinton that questions Mr. obama’s qualifications to run in FEB 2008.

    The Law Suit Berg v Obama was filed in August of this Year and Stone walled by Justice Souter so as to not stay the election. (an important part of Berg’s case is still on the Docket)
    As far as “U.S., to a biological mother” making her son Barrack, or Berry a Natural Born Citizen, Wrong on that issue also: Mother was required to be 19 years of age if the child was born out of the US.
    Lastly, Minor children Don’t renounce their citizenship, their parents do and Barrack Step Father Lolo Soetoro did by adopting him.

  15. Since the McCain litigation already set the table for recent Obama issues

    July 11, 2008
    A Hint of New Life to a McCain Birth Issue
    By ADAM LIPTAK
    In the most detailed examination yet of Senator John McCain’s eligibility to be president, a law professor at the University of Arizona has concluded that neither Mr. McCain’s birth in 1936 in the Panama Canal Zone nor the fact that his parents were American citizens is enough to satisfy the constitutional requirement that the president must be a “natural-born citizen.”

    The analysis, by Prof. Gabriel J. Chin, focused on a 1937 law that has been largely overlooked in the debate over Mr. McCain’s eligibility to be president. The law conferred citizenship on children of American parents born in the Canal Zone after 1904, and it made John McCain a citizen just before his first birthday. But the law came too late, Professor Chin argued, to make Mr. McCain a natural-born citizen.

    “It’s preposterous that a technicality like this can make a difference in an advanced democracy,” Professor Chin said. “But this is the constitutional text that we have.”

    Several legal experts said that Professor Chin’s analysis was careful and plausible. But they added that nothing was very likely to follow from it.

    “No court will get close to it, and everyone else is on board, so there’s a constitutional consensus, the merits of arguments such as this one aside,” said Peter J. Spiro, an authority on the law of citizenship at Temple University.

    Mr. McCain has dismissed any suggestion that he does not meet the citizenship test.

    In April, the Senate approved a nonbinding resolution declaring that Mr. McCain is eligible to be president. Its sponsors said the nation’s founders would have never intended to deny the presidency to the offspring of military personnel stationed out of the country.

    A lawsuit challenging Mr. McCain’s qualifications is pending in the Federal District Court in Concord, N.H.

    There are, Professor Chin argued in his analysis, only two ways to become a natural-born citizen. One, specified in the Constitution, is to be born in the United States. The other way is to be covered by a law enacted by Congress at the time of one’s birth.

    Professor Chin wrote that simply being born in the Canal Zone did not satisfy the 14th Amendment, which says that “all persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States.”

    A series of early-20th-century decisions known as the Insular Cases, he wrote, ruled that unincorporated territories acquired by the United States were not part of the nation for constitutional purposes. The Insular Cases did not directly address the Canal Zone. But the zone was generally considered an unincorporated territory before it was returned to Panama in 1999, and some people born in the Canal Zone when it was under American jurisdiction have been deported from the United States or convicted of being here illegally.

    The second way Mr. McCain could have, and ultimately did, become a citizen was by statute, Professor Chin wrote. In Rogers v. Bellei in 1971, the Supreme Court said Congress had broad authority to decide whether and when children born to American citizens abroad are citizens.

    At the time of Mr. McCain’s birth, the relevant law granted citizenship to any child born to an American parent “out of the limits and jurisdiction of the United States.” Professor Chin said the term “limits and jurisdiction” left a crucial gap. The Canal Zone was beyond the limits of the United States but not beyond its jurisdiction, and thus the law did not apply to Mr. McCain.

    In 1937, Congress addressed the problem, enacting a law that granted citizenship to people born in the Canal Zone after 1904. That made Mr. McCain a citizen, but not one who was naturally born, Professor Chin said, because the citizenship was conferred after his birth.

    In his paper and in an interview, Professor Chin, a registered Democrat, said he had no political motive in raising the question.

    In March, Laurence H. Tribe, a law professor at Harvard and an adviser to Senator Barack Obama, prepared a memorandum on these questions with Theodore B. Olson, a former solicitor general in the Bush administration. The memorandum concluded that Mr. McCain is a natural-born citizen based on the place of his birth, the citizenship of his parents and their service to the country.

    In an interview on Thursday, Mr. Olson, whose firm represents Mr. McCain in the New Hampshire lawsuit, said Congress could not have intended to leave the gap described by Professor Chin. The 1937 law, Mr. Olson said, was not a fix but a way to clarify what Congress had meant all along.

    Professor Tribe agreed. Reading the “limits and jurisdiction” clause as Professor Chin does, Professor Tribe said, “is to attribute a crazy design to Congress” that “would create an irrational gap.”

    Brian Rogers, a McCain spokesman, said the campaign concurred and was confident Mr. McCain is eligible to serve.

    In the motion to dismiss the New Hampshire suit, Mr. McCain’s lawyers said an individual citizen like the plaintiff, a Nashua man named Fred Hollander, lacks proof of direct injury and cannot sue.

    Daniel P. Tokaji, an election law expert at Ohio State University, agreed. “It is awfully unlikely that a federal court would say that an individual voter has standing,” he said. “It is questionable whether anyone would have standing to raise that claim. You’d have to think a federal court would look for every possible way to avoid deciding the issue.”

    http://www.nytimes.com/2008/07/11/us/politics/11mccain.html

    Carl Hulse contributed reporting.

  16. July 4, 1776 U.S.A. citizens (EX-subjects of the British Empire regime) >>> children are natural born citizens

    naturalized U.S.A. citizens >>> children are natural born citizens

    everybody else (i.e. foreign folks legally or illegally in the U.S.A.) >>> children are NOT natural born or naturalized U.S.A. citizens — since the parents have NO allegiance to the U.S.A. — especially children of foreign diplomats born in the U.S.A.

    Sorry – If wartime enemies, pirates, stateless terrorists, etc. dump their sex slave pregnant women into the U.S.A., then any resulting children physically born in the U.S.A. are NOT U.S.A. citizens.

    Sorry – NOT an infinite number of possibilities.

    Citizen/subject at birth status stuff is connected to primitive tribal NATION-State allegiance stuff.

    There is the rather obvious language connection between *natural born* and *naturalization*.

    This stuff AIN’T atomic science.

    Much too difficult for the armies of constitutional law and English language MORONS to understand — especially some of the super-MORONS on this list ???

    The Supremes are in session waiting for more cases every day on all subjects A to Z.

  17. http://americamustknow.com

    Related Lawsuits

    This is a summary of what has happened legally regarding Obama’s eligibility:

    Electoral College Grass-roots Movement
    Pennyslvania Case now in the Supreme Court ALIVE
    New Jersey Case now in the Supreme Court ALIVE
    Ohio Case DEAD
    Hawaii Case DEAD
    Washington Case DEAD
    Virigina Case DEAD, alot of people believe this one was a fraud
    Connecticut Case DEAD
    California Case Joan Corbett ALIVE as far as I know
    California Case Alan Keyes and AIP Electors ALIVE
    California Case David Archbold did not transpire
    Georgia Case ALIVE
    North Carolina Case ALIVE
    New York Case No case ever transpired
    New York Case Christopher Strunk ALIVE
    Texas Case ALIVE
    Unconfirmed Cases
    Patriot Brigade Case No case ever transpired

  18. I submit that America is facing a Constitutional crisis of astronomical proportions, i.e., the approval of a possible foreign national in the office of President – an unqualified usurper – in the middle of an economic crisis that threatens to destroy what is left of this fragmented nation.

    It is obvious that Barack Hussein Obama is stonewalling over the charges that he is not a natural born American citizen, with lawsuit after lawsuit being filed, demanding that the President–elect produce the original copy of his birth certificate. Liberal judges, determined to see Obama inaugurated as President at any cost, are blithely and arrogantly dismissing the lawsuits, some of which have been appealed to the Supreme Court of the United States as of this writing.

    Defenders of Obama have stated past Presidents have never been required to produce their birth certificates as proof of citizenship. That assertion is a straw man argument, which clumsily avoids the central issue – the natural born citizenships of our past Presidents were never in doubt, whereas Mr. Obama’s is.

    Therein lies the rub – if Mr. Obama is truly a natural born American citizen, which is a requirement for those seeking the Presidency, why won’t he simply produce the original birth certificate and be done with it? That action would forever put to rest all doubt of his status.

    Ergo, what does he have to hide? Will his original birth certificate prove the glaring fact that he is not a natural born American citizen? Another question – is Obama so arrogant that he believes he is above the supreme law of our land – the Constitution, the very laws of which he would be sworn as President to uphold and protect? Or – is he simply a delusional megalomaniac who truly believes that the fates or a god have ordained him and he alone to be the savior of the United States, to be remade in his image?

    Those are questions any rational mind asks when it comes to Barack Hussein Obama and his obstinate refusal to accede to the most simple of requests – incontrovertible proof of his natural born citizenship.

  19. Refutation to comment # 18 of billvanallen cited article by Adam Liptak.

    1. John Sidney McCain III was born out of wedlock
    on 29 August 1936 at 6:25 pm at the Colon Hospital,
    City of Colon, Republic of Panama. Jack McCain never married Robert McCain n’ee Wright on 21 January 1933 or at any other date in Baja California. Read Instrument # 20080001666, dated
    28 October 2008, recorded at the office of the Hidalgo County Clerk, Lordsburg, New Mexico.

    2. Roberta Wright listed on John McCain birth certificate that her employment was a housewife.
    Therefore at the time of John Sidney McCain III
    birth she was not an employee of the United States
    Government nor that of the Panama Railroad Company or its successor in title. John Sidney McCain III can not get any citizenship right because John Sidney McCain II did not marry Roberta Wright prior to his birth at the Colon Hospital.

    3. 8 USC 5e sets the requirements to be a citizen
    if born to Americans in the Republic of Panama. Since, his Parants were not married at the time of
    birth, no right to citizenship went to John McCain.

    Sincerely, Mark Seidenberg, Vice Chairman, American Independent Party.

  20. What kind of constitutional system do we have if
    the Supreme Court will not reply to the law suit
    of Mr. Berg and others?
    I see this country is a lawless country now!

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