On November 12, the Third Circuit ruled that attorney Philip J. Berg of Pennsylvania lacks standing to challenge President Barack Obama’s qualifications to hold the office of President. Here is the 11-page decision. The decision is a good reference tool because it has footnote 4 that lists other similar decisions concerning both Obama and John McCain. The footnote lists decisions from federal courts in the District of Columbia, New Hampshire, and northern California. Oddly it does not list the most recent one, from southern California. Thanks to HowAppealing for the link.
They are going to use this excuse of lack of standing to deny every case. Question who the hell has standing?
I would guess someone who ran for president
The judges have all said that competing candidates would likely have standing if they filed in a timely manner; i.e., PRIOR to the election. None of them did in 2008. They are welcome to do so in 2012. I wouldn’t give them much chance, though, because Obama has an official state document that is prima facie valid and there is only conjecture and speculation against it. The argument regarding his father’s citizenship has no legal merit either.
Nevertheless, I expect that someone will try their luck in 2012.
By the way for all those who have argued that natural born citizen requires that the parents be citizens, read the following from the Indiana Court of Appeals hot off the presses.
http://www.in.gov/judiciary/opinions/pdf/11120903.ebb.pdf
Jerry:
The Indiana case you cite does nothing at all toward defining the term “natural born citizen”. Instead it merely recites the tired old nonsense that Wong Kim Ark “has been cited in 1,000” SCOTUS cases which, even if true means absolutely zero.
The WKA case decided that WKA was a “citizen”, not a “natural born citizen” and rambled on (erroneously) at length about English Common Law which does not even apply in American citizenship determination. Even some of the SCOTUS Justices have said that the WKA decision is “bad law” and I imagine it will be revisited when the Kerchner et al case reaches the Supreme Court.
If you read the Indiana decision more carefully you’ll note that they, too, steered carefully away from any “natural born citizen” definition and rightfully so since they do not have the jurisdiction to make such a definition. SCOTUS does!
They most certainly did NOT as you put it “steered carefully away from any ‘natural born citizen’ definition” but defined it quite clearly.
“we conclude that persons born within the borders of the United States are “natural born Citizens†for Article II, Section 1 purposes, regardless of the citizenship of their parents”
They have the jurisdiction to make it for ballot access and Electotal College certification in Indiana, which is what this case concerned.
You are smoking something very strong if you think any court will see this any differently from this very-well reasoned opinion. Kerchner will be rejected just as Berg was in the circuit and the SCOTUS will decline review without comment.
I have on several occasions proposed to people who take your position a wager of $100 that no court will find Obama ineligible. Strangely enough, no one on your side has ever been willing to put their money where their mouth is.
Something fishy is going on!!!
Berg’s website, obamacrimes.com is now inactive!
Miss Tickly’s website is now inactive!!
both hosted by WordPress……me thinks something is rotten in Denmark
The party hack judges never heard about the old Quo Warranto stuff —
By what right do you (an alleged public officer) hold your office ???
Q.W. is now just one more civil action.
On to the party hack Supremes.
NO Elector – Voter – Citizen standing to even challenge any party hack U.S.A. Rep or Senator qualifications ???
Same for all State / local party hack qualifications ???
Sorry for any MORONS —
Qualifications to hold an office is a separate matter from election results.
——
Natural born = at birth allegiance to a regime.
ALIENS-Foreigners born in any regime do NOT have allegiance to such regime — *subject to the jurisdiction* 14th Amdt, Sec. 1 — kids of foreign diplomats, tourists, illegal, invaders, ship wrecked, etc. folks.
What if the pregnant wife (U.S.A. citizen) of a U.S.A. Prez, VP, Rep or Senator just happens to drop the kid out 1 inch inside some foreign regime ???
The kid is NOT a foreigner.
Allegiance controls all.
Too difficult for party hack MORON judges to understand — especially in this New Age of armies of politically correct MORONS.
In law, standing is EVERYTHING. Without it, you cannot proceed, periood. It is LONG settled in US law that a party to a suit has to claim real, personal injury in order to sustain the suit, injury that is, at best, speculative in nature will not sustain the suit.
Makes you wish, though, that the drafters of the Constitution had thought to explain what exactly a natural born citizen was, it would make this all so much simpler.
Also, of note, our current president is NOT the first to have his nationality challenged. Many years ago a President, whose name I cannot remember, was accused of actually being a Canadian citizen.
Berg has other cases pending have they ruled on any other.
This same scenerior with the judges happened during the height of Tammany Hall days – re: 1876 election Tilden vs Hayes. Samuel Tilden was able to prove the judges corrupt and got them impeached. I’ve published 2 books on Tilden and am currently producing a documentary about him on my own dime. Berg is trying his best – but this is what he is up against…After the take-down of William Boss Tweed – Tilden said his biggest fear was the corruption was going to spread nationwide…and it has. The only way Berg will succeed is if the media puts a spotlight on his cases – so far all they’ve done is mock people that try…This is the Obama way…Attack, attack, attack, get in peoples faces and keep attacking. ACORN is a replica of Tammany Hall. Compare the two organizations –Google “Tammany Hall” and you will find it still has a home in NYC and a music band with the same name that Howard Dean hired for a fund-raiser back in 2006. One thing about corrupt people – they get very full of themselves and drunk with power and screw things up with their mouths. If reporters started behaving like real journalists instead of Rag Sheet news opportunists – we would know the truth and our Constitution would not be questioned…When the Founding Fathers wrote “natural” born citizen they were clear enough – no foreigners should be running for President – nor should any President ever bow to any king…Obama has done that too – and yet again the media mades excuses for him. Tilden was by far one of the best America ever had…trust me when I tell you the press, the political parties and judges do not want me telling his story as it was written by John Bigelow. I’ll end this comment with Tiklden’s two favorite quotes, “When the People Rise the System Gets Cleansed” and engraved on his Tombstone “I Trust the People”
The whole point is moot anyway. The Congress of the United States CERTIFIED the election — and Republicans themselves voted “yea.”
As an aside, the US AND the world are better off today because a wise intellectual with world experience is president of the United States. The most bitter, divisive, depressed, negative people are obsessed with denigrating President O’Bama. Even the mention of ACORN above(with its pitifully tiny budget and virtually powerless status) reflects a right wing double-standard and obsession with mole hills in light of the mountain of federal dollars that support rape, assault and murder with no right for victim appeal in government defense contracts.
If the last poster trusted “the people,” he would recognize that this president was elected by “the will of the people” to serve for four years, and that the president holds roughly the same approval rating today as the vote he got on election day.
Finally, the ONLY thing that right wing fleabaggers have left is to light the campfire, put bones in their noses, chant primitive mantras, do little dances, and run off down the hill waving their little members with the notion that they’re making logical arguments.
#12 The party hacks in the Congress only count the votes in the 12th Amdt.
NOT the same as ruling on any qualifications in the Constitution.
Of course New Age left wing statist robot MORONS do not give a damn about the Constitution — certainly not since 1933 — Roosevelt regime.
One of these EVIL days things may really happen.
See the ROT of the Roman Republic from 120 B.C. to 27 B.C. (lots of civil wars and tyrants) — Augustus takes over and kills lots of rightwing and leftwing folks.
Result – the EVIL of the Roman Empire for about 500 years.
Please excuse my son, Demo Rep, for his bad behavior. Last night, I finally had enough of him and told him that a 40-year old man shouldn’t still be living in his mother’s basement. Well, some words got said and I ended up admitting to him that the man he called “Dad” wasn’t really his father. You see, we were having some “marital problems” if you know what I mean and there was this really nice-looking Swedish tennis instructor, Sven, down at the club, and one thing led to another…
But anyway, I told him that under the 14th amendment he was still a natural born citizen (even if I did have a C-section) and could run for President, even if I wouldn’t vote for him until he got a job and an apartment.
#14 Nice to see I hit a nerve in a leftwing statist robot MORON — even if he/she/it is in a robot pre-school still wearing diapers.
Natural born = at birth allegiance to a regime.
14th Amdt, Sec. 1 —
All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.
Gee – why did the 1866 Congress folks add the *and subject to the jurisdiction thereof* as rather large qualifying language regarding the *born* ???
To confuse folks in pre-school diapers — who get their constitutional law info out of a can of baby food ???
Nothing quite like New Age pre-school MORONS like # 14 — acting EVIL cute STUPID — by ID theft / fraud impersonations.
Wait for the knock on your rathole door from the FBI ?