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Berg V Obama: Appeal Denied
The Kansas Citian ^ | Nov. 1, 2008 | thekansascitian

Posted on 11/01/2008 1:55:10 PM PDT by thekansascitian

Lots of news on Barack Obama's citizenship status.

First, the third circuit court of appeals has rejected Philip J. Berg's appeal. The judge in the case upheld the lower court ruling on Berg's lack of standing.

DENIED. For the reasons ably expressed by the District Court —and not addressed in Plaintiff-Appellant’s Emergency Motion— it appears that Plaintiff-Appellant lacks standing to challenge Senator Barack Obama's candidacy for the Presidency of the United States. Accordingly, Plaintiff-Appellant has not shown a likelihood of success with respect to his appeal.

A similar case in Ohio has been tossed out. The judge ruled the onus of proof is on the plaintiff to prove Obama is not a natural-born citizen and not on Obama to prove he is.

“The onus is upon one who challenges such public officer to demonstrate an abuse of discretion by admissible evidence – not hearsay, conclusory allegations or pure speculation,” Hasselbach wrote in his decision .

David M. Neal, the plaintiff, wrote on his website that when he enrolled his child in public school he had to produce a birth certificate for his son to prove eligibility... "[Barack Obama] is running for president of the United States." the implication being the applicant bore the onus to prove citizenship and not the school to prove non-legal status.

Finally, the Associated Press is reporting that Hawaii officials declared Barack Obama's birth certificate as genuine. But that's not exactly what the Hawaii officials said.

Dr. Chiyome Fukino said today she and the registrar of vital statistics, Alvin Onaka, have personally verified that the health department holds Obama's original birth certificate.

A statement of fact of which we already knew. The question is not whether they have his original certificate, but whether that certificate indicates he was actually born in the U.S. and not born the child of a Hawaiian citizen abroad. The latter of which is what has been alleged by Philip J. Berg based on an eyewitness account of Obama's birth in Kenya from his paternal grandmother.

We know Dr. Fukino did not actually see Obama's birth certificate, because "she says state law bars release of a certified birth certificate to anyone who does not have a tangible interest." Emphasis added.

If Barack Obama ultimately wins on Tuesday, this issue is not going to go away without the official "vault" birth certificate being produced. Arguments that the people do not have standing to enforce the Constitution sets a dangerous president and requiring challengers to bear the burden of proof when the Constitution specifically requires natural-born status of presidential candidates creates a constitutional crisis that patriots simply can not allow.

Of course this entire issue would go away if Barack Obama would simply authorize the release of the document. Why does he continue to fight this issue and not just put it to rest?


TOPICS: Business/Economy; Conspiracy; Government; Politics
KEYWORDS: barackobama; bergvobama; certifigate; citizenship
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To: ScaniaBoy

State Verifies Obama’s Birth Certificate
KITV ^

Posted on Saturday, November 01, 2008 12:35:01 PM by okb
Free Republic ....


21 posted on 11/01/2008 2:10:28 PM PDT by SkyDancer ("I Believe In The Law Until It Interferes With Justice")
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To: FlingWingFlyer

Since this is a government rep, he has standing according to some of the arguments that have been floated around here:

“After Obama, McCain rulings, PA state rep. wants presidential candidates to prove citizenship”

http://www.freerepublic.com/focus/f-news/2120318/posts


22 posted on 11/01/2008 2:11:35 PM PDT by Red Steel
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To: OneWingedShark

seriously though, with so many cases that have come up since the 60’s, how many do you really think are based on the constitution? seems too many of them are based on “prenumbras” and other nonsense. Heck, even a lot of pro-choicers concede there is no right to abortion in the constitution per se but support Roe v. Wade anyways. Been a while (excluding some justices like Scalia) that the higher courts have actually applied the constitution.


23 posted on 11/01/2008 2:13:37 PM PDT by wrhssaxensemble
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To: SkyDancer
From the article that started this thread:

“Finally, the Associated Press is reporting that Hawaii officials declared Barack Obama’s birth certificate as genuine. But that's not exactly what the Hawaii officials said.

Dr. Chiyome Fukino said today she and the registrar of vital statistics, Alvin Onaka, have personally verified that the health department holds Obama’s original birth certificate.

A statement of fact of which we already knew. The question is not whether they have his original certificate, but whether that certificate indicates he was actually born in the U.S. and not born the child of a Hawaiian citizen abroad. The latter of which is what has been alleged by Philip J. Berg based on an eyewitness account of Obama’s birth in Kenya from his paternal grandmother.”

Nothing else! You are all being mushroomed - kept in the dark and fed sh-t.

24 posted on 11/01/2008 2:15:17 PM PDT by ScaniaBoy (Part of the Right Wing Research & Attack Machine)
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To: ScaniaBoy

I am probably missing something, but would they have it if he was not born in the US? just not sure how the protocol goes


25 posted on 11/01/2008 2:16:24 PM PDT by wrhssaxensemble
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To: SkyDancer

Still no original, typewritten birth certificate has been produced.

One which would indicate the hosptial, doctor’s signature, parent’s birth place, religion and marriage status, baby footprint and witness signature...

What hospital was he born at again? His sister says one hospital, he says another.

Obama still needs to prove he is eligible for POTUS.

And again where are his college records, his passport records, his Socialist party records, his IRS and medical records?

WE DON’T KNOW WHO THIS MAN EVEN IS...


26 posted on 11/01/2008 2:16:26 PM PDT by IreneE (Live for nothing or die for something.)
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To: OneWingedShark

It is more likely that a civil war is coming than the DOJ
and the Judicary uphold the US Constitution.


27 posted on 11/01/2008 2:17:09 PM PDT by Diogenesis (Igitur qui desiderat pacem, praeparet bellum)
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To: IreneE

Line 3 (Citizenship) Indonesia
Line 4 (Religion) Islam

28 posted on 11/01/2008 2:18:11 PM PDT by Diogenesis (Igitur qui desiderat pacem, praeparet bellum)
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To: wrhssaxensemble
I am not an expert. What I know I've read on FR and other sites. Apparently you can (or could) apply for a certificate even if the child was born abroad. However, in that case the country of birth would be noted.

If Obama was born in Kenya, then one can understand why he would find it embarrassing to release the certificate.

29 posted on 11/01/2008 2:20:26 PM PDT by ScaniaBoy (Part of the Right Wing Research & Attack Machine)
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To: thekansascitian

“dangerous president”

tongue-in-cheek pun or just another bloviating blog goof?


30 posted on 11/01/2008 2:23:39 PM PDT by Vn_survivor_67-68 (CALL CONGRESSCRITTERS TOLL-FREE @ 1-800-965-4701)
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To: Diogenesis

Obama has a special kind of arrogance. It’s the arrogance of a man who has never done anything so has never faced failure.

I’m thinking it’s time to humble his marxist ass.


31 posted on 11/01/2008 2:24:31 PM PDT by cripplecreek (Paying taxes for bank bailouts is apparently the patriotic thing to do. [/sarc])
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To: wrhssaxensemble

I have low expectations expecting SCOTUS to ignore it. I agree the second possibility you mentioned would be interesting ...that could prevent another Obama constitutional problem from happening again.


32 posted on 11/01/2008 2:27:23 PM PDT by Red Steel
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To: IreneE

Yeah, that’s what Charlie Rose and Tom Brokaw were discussing the other day. “Who is this guy” ... kinda late if you ask me ....


33 posted on 11/01/2008 2:28:00 PM PDT by SkyDancer ("I Believe In The Law Until It Interferes With Justice")
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To: SkyDancer

The State verified that they have Obama’s BC, not anything about what’s on it. In Hawaii, a birth occurring in another country to a resident of Hawaii can be registered on an original BC. Such a BC will however show the placed of birth as that foreign country, not some city in Hawaii.


34 posted on 11/01/2008 2:28:26 PM PDT by El Gato ("The Second Amendment is the RESET button of the United States Constitution." -- Doug McKay)
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To: ScaniaBoy
Bring on the pitchforks and torches .... who is this guy??????
35 posted on 11/01/2008 2:29:02 PM PDT by SkyDancer ("I Believe In The Law Until It Interferes With Justice")
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To: SkyDancer
Didn’t Hawaii just release his BC????

No they just verified that they have it. They did not say anything about its contents.

36 posted on 11/01/2008 2:29:45 PM PDT by El Gato ("The Second Amendment is the RESET button of the United States Constitution." -- Doug McKay)
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To: El Gato

So what happens if he gets in office and his real BC turns up and he’s not a US citizen?????


37 posted on 11/01/2008 2:29:55 PM PDT by SkyDancer ("I Believe In The Law Until It Interferes With Justice")
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To: Diogenesis

>It is more likely that a civil war is coming than the DOJ
and the Judicary uphold the US Constitution.

I think you are correct, sir. Though it’s ironic that if the DOJ & Judiciary were interested in Justice (you know, their jobs) that would likely not be the case.


38 posted on 11/01/2008 2:32:58 PM PDT by OneWingedShark (Q: Why am I here? A: To do Justly, to love mercy, and to walk humbly with my God.)
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To: SkyDancer
Bring on the pitchforks and torches .... who is this guy??????

Nobody knows!

This from another thread on Obama's documentation:

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. Record of baptism— Not released or ‘not available’

14. Illinois State Senate records—’not available’

39 posted on 11/01/2008 2:33:10 PM PDT by ScaniaBoy (Part of the Right Wing Research & Attack Machine)
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To: Red Steel

Yeah, I don’t expect them to grant cert either... but who knows with Roberts and Alito there now


40 posted on 11/01/2008 2:35:24 PM PDT by wrhssaxensemble
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