Posted on 10/28/2008 12:29:53 PM PDT by SirJohnBarleycorn
SEATTLE — A King County judge said Monday that a lawsuit challenging Sen. Barack Obama's qualifications to be president "may be a positive idea," but threw it out because the law clearly prevents the secretary of state from getting involved.
Washington's Secretary of State Sam Reed does not have the authority to inquire into Obama's birth certificate and determine if it is valid or not, said Superior Court Judge John Erlick. Therefore, Reed is obliged to accept the nomination and keep Obama's name on the state ballot, Erlick said.
Doing any external fact-finding "is not authorized by the state constitution or state law or administrative rule," he said.
Erlick dismissed the lawsuit, noting that plaintiff Steven Marquis failed to name Obama as a party to the lawsuit.
"The 2008 general election is already in progress; ballots have been issued and a substantial number of voters have voted," said the order signed by Erlick.
snip
Erlick asked Marquis just what he wanted the court to do.
"Make a request that the court can actually deal with," he said.
"I would like you, the judge, to direct Sam Reed to develop a process for revealing the credentials for Obama to be a candidate," Marquis responded.
The only opposition in the courtroom came from Deputy Solicitor General Jeffrey T. Even, who represented Reed.
Addressing Marquis' proposal that Reed get involved, Even said, "I'd much rather have Mr. Obama here to say, 'Here's the proof.' Then it could be decided on merit."
(Excerpt) Read more at tri-cityherald.com ...
I find it hard to believe that, if a legitimate question arises as to the qualification of a person who has submitted an official application to the state of Washington to appear on the ballot, that the Secretary of State does not have any authority to require the submission of supplemental materials.
If the Secretary of State decided in its discretion that there was not a serious question raised or not to require supplemental support, that would be one thing.
But to say there is no legal authority to require an applicant to support his qualification to appear on the ballot would mean anyone, no matter how patently unqualified (for example, Arnold Schwarzenegger) could have his name placed on the ballot as a presidential candidate, and the Secretary of State would be legally unable to challenge it.
Does anyone know who, or what government agency, is responsible for making sure that someone running for president is a U.S. citizen and 35 years of age? I find it extremely frustrating that it appears as though the answer is, “no one”! How can that be?
Besides, the Anti-Christ....Ummmm I mean Sen. Obama, would just wave his spindly fingers and make the SOS disappear.
I guess there’s “no controlling legal authority”.
Obama has found a hole and no one has the guts to do anything about it.
Must be above his pay grade.
Now just who the F*** is IN CHARGE OF VERIFICATION. Apparently the “people” have no standing, according the the philly courts, and now state Sec. Of States - in charge of elections - don’t either?
Doe ANYONE know who IS responsible? Are we to take the word of the parties themselves????
i thought it was “WE THE PEOPLE” who were responsible.
guess this judge doesn’t accept that.
So the US Senate should have the controlling legal authority to demand proof of his qualifications.
Perhaps the valid suit would be one by the US Senate, that challenges him as a US Senator, not a Presidential candidate.
“Obama has found a hole and no one has the guts to do anything about it.”
I wish we could get billboards across this country, and signs in yards, asking Obama, “Barack Obama, why are you refusing to release your birth certificate that would prove that you are eligible to run for the office of President of the United States of America? What are you hiding, and why?”
Unfortunately for our Republic, Obama has no honor.
the judge in the Berg case already ruled that “we the people” have no standing because we cannot prove we would be damaged by the election of this fraud
I guess there’s “no controlling legal authority”.
Obama has found a hole and no one has the guts to do anything about it.
And like I said on an earlier post today - he will acknowledge that after the election then will fully exploit that hole into a double-wide doorway. If elected the USA will cease to exist as we know it.
That's it.
It’s insane! He could not serve in our military without showing proper documentation, and that includes an original copy of his birth certificate! The only reason someone, anyone, would refuse to show their birth certificate is if they don’t have one, or have something to hide.
In Pennsylvania Berg, a voter, lacked standing. In Washington the Secretary of State, who has the duty of regulating elections, does not have standing. Are we to believe that there is no one who can challenge the Constitutional qualifications of a candidate?
I go you one further, you have to show ID just to get a library card.
Excellent, concise post and it was exactly what I was going to say. Ya beat me to it. Keep up the good work.
Surely there is a brilliant attorney out there somewhere who knows exactly how to word the lawsuit in a way that is acceptable to the court. Can they file a class-action lawsuit for “WE THE PEOPLE”?
At this point, McCain should ask, on national tv, Obama to show his real birth certificate. Even if Sean Hannity asked, many would realize that Obama is hiding something!
Thank you for contacting the Secretary of State with your question about the Secretary of State’s responsibility regarding the authenticity of a presidential candidate’s birth certificate.
The qualifications to be a presidential candidate include the following
A. A natural-born citizen of the United States,
B. At least 35 years of age, and
C. A resident of the United States at least 14 years.
While the Secretary of State certifies candidates for the ballot, each political party is legally responsible for choosing the candidate they wish to place on the ballot. You may view the Presidential Candidate Qualification Procedures for the February 5th 2008 presidential primary election on our website at http://www.sos.ca.gov/elections/elections_runningforoffice_08.htm.
Thank you for contacting the Secretary of State. We hope this information is helpful to you. If you have questions about this or another matter related to the Secretary of State’s office, please contact our Legislative and Constituent Affairs at (916) 653-6774.
Sincerely,
Legislative and Constituent Affairs
Secretary of State
-----Original Message-----
From: -------------
Sent: Friday, October 24, 2008 6:07 PM
To: Secretary of State Bowen
Subject: candidate qualifications
Madam Secretary:
It is possible that one of the presidential candidates does not meet the constitutional requirements for office. Senator Obama has refused a court order in Penn. requiring him to produce a birth certificate to establish that he is a natural-born US citizen as required by the US constitution.
We may have someone running for office on Cal ballots, who is not qualified.
Could you please issue a statement on this before the election.
Thank you.
------------ California voter 951-000-0000
These Obama cases are lame cases filed by people who don't know election law. After the election there is still time to determine whether Obama is a legal candidate after Tuesday. Keep in mind that the real election takes place not on Tuesday, but in December when the Electoral College casts the real votes.
I know how to file an election case so it doesn't get thrown out for technical reasons. Keep in mind that every sane judge (that means most of them) would want to make a case like this go away without having to decide it. However, there are ways to push a judge's nose to the grindstone.
Congressman Billybob
Latest article, "Brides from a War Long Ago"
The Declaration, the Constitution, parts of the Federalist, and America's Owner's Manual, here.
The party.
This is why I’m confused about Berg’s case.
Every State ELEC office I looked up and/or into states the candidates are suppose to come to them vetted.
Philip Berg did NOT just go after Obama. His suit had two parts: 1 - Obama, qualifications questions 2 - Separate filing to the DNC for not vetting the candidate.
Berg, as a registered Democrat, has standing to file against the party.
The judge had NO RIGHT to throw out the filings against the DNC. Notice how that 2nd part stays even more out of the news than the Obama part.
It should be...”Why are you fighting tooth & nail to not release your BC?”
There doesn't seem to be one.
I find it extremely frustrating that it appears as though the answer is, “no one”! How can that be?
If that's all that frustrates you about our government then you're doing better than me.
Unbelievable! McCain has to bump it up a notch and go after the Marxist. It's obvious that the courts are not worried if Obama is a naturalized citizen.
There doesn't seem to be one.
I find it extremely frustrating that it appears as though the answer is, “no one”! How can that be?
If that's all that frustrates you about our government then you're doing better than me.
Did you read the ‘judge’s’ opinion. Howard Dean could have written it. Pathetic.
At this point, it looks as if the MSM is the only entity that can smoke out a BC.
And good luck with that one.
Well, we know it's not the FEC.
The judge in this case says it's not Washington state. I find it very hard to believe that this would be the outcome in every state. I still think state election authorities could have the right to demand documentation--at least in some states.
Diane Feinstein's subcommittee has responsibility here, but I doubt they screen candidates in advance. She can hold hearings over alleged violations, but she sure as hell isn't going to do it before the election--if ever given that it's her party.
This whole thing is simply unbelievable. It looks like Odinga could claim to be a US citizen and get his name on the ballot.
As of today Joe the Plumber has more guts than McCain to take action like this. Joe got snaked by the govt computers looking at his whole life in Smallville.
So I have this fantasy of Joe whipping out his birth certificate and challenging zerobama to do the same.
At least it would wake up a couple of million more people to the fact that there’s a potential problem here, and a massive coverup right under everyone’s noses..
this country has gone insane for sure. we are letting the enemy defeat us from within using our own systems against us.
well heck then, lets throw the whole constitution out the window then!
Wonderful world is going to hell in a handbasket.
Apparently there is nothing to stop an unqualified candidate from Running or even being elected. The Constitution says an unqualified candidate “shall be eligible to the office of President,....”
Since technically he does not assume that office till sworn in any ineligible candidate can be stopped by Congress when the electoral votes are counted. Thus, this will go down to then and the nation will watch as the RATS attempt to overturn the Constitution.
Patriots are about to be given the greatest challenge since Dec. 7, 1941 and must understand the nation is filled with traitors knowing and unknowing. It should slso be clearly understood that the Point of that Treason is the media. Until it is destroyed our nation will be in grave danger.
I guess someone in the House of Representatives could request the info since they may have to decide the issue in the case of an electoral tie.
A start on understanding this kind of litigation can be found in the American Bar Association Journal for August, 1977, beginning on page 1108. The article is entitled "The Bloodless Revolution of 1976" and includes my first win in the Supreme Court.
This can be done. But it MUST be done with every T crossed and every I dotted. So far, no one has come close to doing that.
Congressman Billybob
Latest article, "Brides from a War Long Ago"
The Declaration, the Constitution, parts of the Federalist, and America's Owner's Manual, here.
PS: Thanks for trying. :)
Can you imagine a secretary of state allowing the parties to self-police. Talk about gross negligence.
The Constitution: “We The People, ...For The People, etc.” has been screwed!!!
This was sent to Rep Judy Biggert (R-IL-13) today:
Dear Rep Biggert:
There has been a troubling lawsuit, now dismissed, in Pennsylvania that attempted to clarify the citizenship and eligibility for the Democrat candidate who is running for President.
The courts have thusfar ruled that the US citizen who brought the case does not "have standing" in the court. The question needs to be asked 'Who has standing to challenge the eligibility of a Presidential candidate?
From what I can tell, the determination of eligibility happens at the Elector College step. In this current campaign, if the Democrat challenger wins, there will be a constitutional crisis the likes we have never seen.
In response to the lawsuit, the DNC was joined. A spokesman from the DNC to the court admitted, on the record, that if the true birth and citizenship information was made public, it would be "embarrassing to the candidate".
Maybe the data is embarrassing, but that should be far secondary to finding out if the candidate is truly eligible to serve.
Please promise that if the Democrat candidate is elected, the eligibility challenge will get a fair hearing at the Electoral College step. I believe Sen. McCain can win, but if the opponent wins, this country is in real trouble of we have a leader who is ineligible.
Many Democrats still hold a grudge saying that President Bush is STILL ineligible based on the 2000 vote. The "native born" issue is far more problematic.
Good luck in the election - you have my support.
Again, please promise to challenge eligibility at the Electoral College step if we get that far.
Best regards,
S..... ++++++++++++++++++++++++++++
This guy could not pass a simple security clearance much less pass a vetting process for the office of President. All of these "dismissed" lawsuits should be used at the Electoral College level (per the Constitution) to prevent him from taking office. Who dares to "speak truth" to this phony power?!?!?!
Now just who the F*** is IN CHARGE OF VERIFICATION.
Good question as apparently there isn’t any federal laws that provide for proving qualifications prior to running. Apparently states don’t require the proof either. And I know of nothing in the Constitution that states one be required to prove qualifications to be President in order to run.
So it seems to me that one can run without any proof of qualifications. But if elected then it would seem that one could be challenged to provide proof either before or after taking office. Who knows what the process should be.
Personally, I’d like to see Obama defeated on Nov. 4 so that such proof wouldn’t be required.
Some guy posted above that there are many precedences for filing these cases. We need a judge with moose balls to stand up and call BS on the birth certificate.
The Pontus Pilate Washings!!!
“If that’s all that frustrates you about our government then you’re doing better than me.”
I don’t know why you have gotten the impression that that is all that frustrates me about our government. I’m sure my list is as long as yours and every other American who loves our country and sees the dangers we face not only with the possibility of an Obama presidency, but the far-left lurch our country is taking.
Just being a registered Democrat doesn't automatically convey standing, Berg needed to show an actual injury suffered by Obama's running. As the Judge Surrick outlined in his decision.
“Can you imagine a secretary of state allowing the parties to self-police. Talk about gross negligence.”
“Gross negligence”, is exactly what this is. Well put.
If a Secretary of State, who has to certify elections, has no legal standing, then who does?
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