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To: Technical Editor

Berg doesn’t need my money. He’s not exactly living hand to mouth.

Anyway...the Judge’s opinion is somewhat different than what the MSM described (Shocking!). The Judge did not say that the allegations were frivolous, he said that the arguments relying on statutory law that supposedly distinguished Berg from Holloman (the McCain case) were frivolous. That’s a big difference.

The lack of standing is expected. The fact of the opinion and the reiteration of the allegations is sufficient to sow further doubts about Obama’s claims to be a natural born citizen.

As for how one would challenge a candidate’s qualifications, I think you can’t do it as a mandamus action or injunction, as Berg did. That does require particular interest (injury in fact) and not just the generalized interest that all Americans would share. I don’t agree with the Court that only congress can create standing here—arguably, this is a self-executing clause in the Constitution. Possibly, a declaratory action on behalf of all citizens (e.g., pater patria) could be brought, but that would probably have to be brought by the AG or Solicitor General. I’d look into it more after the election—it’s certainly too late to do anything about it now.

The bottom line is that even if Obama were openly admitting that he did not have the qualifications, it isn’t clear that anyone has the ability to stop him. Contrary to what you might think, that’s true of quite a lot of constitutional issues.


41 posted on 10/25/2008 8:33:15 AM PDT by Ilya Mourometz
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To: Ilya Mourometz

I meant he needs LEGAL help. He needs a lawyer with better skills than he possesses.

Are you suggesting that our only recourse is to allow ourselves to be destroyed? I will never accept that.


77 posted on 10/25/2008 9:10:21 AM PDT by Technical Editor
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