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What If Obama Really Was Born in Kenya?
Slate ^ | August 3, 2009 | Brian Palmer

Posted on 08/04/2009 3:21:40 AM PDT by Zakeet

Despite a congressional resolution affirming President Obama's U.S. birth and a reaffirmation of his birth certificate's authenticity from Hawaiian officials, media outlets continue to air frivolous allegations that the president was born in Kenya, rendering him ineligible for the presidency. Let's pretend, for just a moment, that the birthers had credible evidence that Obama was foreign-born. Then what would happen?

Resignation, impeachment, or nothing. If Obama stood his ground, and Congress stood by him, then the only way to legally remove him from office would be for someone to sue. Problem is, no one would have standing to bring such a lawsuit. To establish standing, a plaintiff must show that he has suffered an injury personal to him, that the defendant caused the injury, and that the court could provide a remedy. That turns out to be an impossible task.

Average citizens could not show a personalized injury because Obama's allegedly illegitimate presidency would impact everyone in roughly the same way. Courts invariably dismiss such claims, like the 1937 case alleging that Justice Hugo Black was ineligible to serve because as a member of Congress he had voted to increase the justices' salaries. Even membership in much smaller aggrieved groups generally doesn't work. The Supreme Court rejected a suit brought by parents of African-American children challenging the IRS's lax enforcement of anti-discrimination laws and another by legislators who claimed their voting rights were diluted by the line-item veto. In both cases, the communal nature of the injury precluded standing. Thus the lawsuit of Army Maj. Stefan Cook, who argued that his pending deployment to Afghanistan by an illegitimate president constituted a particularized injury, was doomed to failure. (The case was mooted when the Pentagon canceled his deployment.)

(Excerpt) Read more at slate.com ...


TOPICS: Constitution/Conservatism; Crime/Corruption; Extended News; News/Current Events
KEYWORDS: birthcertificate; birther; kenya; obama
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To: Daisyjane69

John McCain is a natural born citizen. It’s true he was born in the Panama canal zone which at the time was an American possession. However, he was born to two American citizens so it does not matter where he was born. It only matters that both of his parents were American citizens, thus he is natural born.


121 posted on 08/04/2009 5:24:27 AM PDT by Old Teufel Hunden
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To: Old Teufel Hunden

If this exploded enough, in time, we could have a Republican Congress in 18 months. But will it explode enough?


122 posted on 08/04/2009 5:25:29 AM PDT by 9YearLurker
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To: Guenevere

Yes you may be on track...

However, how will that benefit them ???

The election was invalid...Obama was a fraudulant candidate...

Not only is HE a fraud, but so is Biden..

There is no legal succession...

Biden cant take over as POTUS...

Nor thank Heaven, can nancy...

We would have to go back and have a special election...

Mccain/Palin V Hillary...

SWould you trust the Dem Congress or the SCOTUS with Soto to decide fairly what to do about a new POTUS ???

They would demand that Biden be POTUS...

The people of the US were cheated...

The people of the US shpould have the right to a valid election..

with new controls on who gets to vote...


123 posted on 08/04/2009 5:26:12 AM PDT by Tennessee Nana
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To: petercooper

Orly Taitz has discovered what may be Obama’s Kenyan B/C.

Which sucks for Obama because the ink is still drying on the B/C in the White House safe.


124 posted on 08/04/2009 5:27:25 AM PDT by agere_contra
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To: 9YearLurker
we could have a Republican Congress in 18 months

So what?

125 posted on 08/04/2009 5:27:27 AM PDT by Jim Noble (Pas de'ennmis a droit)
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To: Humbug

A person occupying the office via fraud cannot be impeached. Impeachment is reserved for lawfully elected persons. It is difficult for that very reason; as it involves the removal of someone legitimately elected. It’s not supposed to be easy.

A person there via fraud is a criminal. And not a particularly or sexy one at that. It’s no different from a person who is hanging around the operating rooms of your local hospital, pretending they are a surgeon. They fulfilled none of the requirements of the job: medical school, licensure, etc.

Once discovered, how many seconds do you think the hospital would take to remove such a character and charge him with fraud?


126 posted on 08/04/2009 5:27:34 AM PDT by Daisyjane69 (Michael Reagan: "Welcome back, Dad, even if you're wearing a dress and bearing children this time)
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To: 9YearLurker

That would be sweet. However, I would not personally want to see them expend their political capital on trying to impeach Obama on the grounds that he is not qualified for the office. I would rather see them push through an agenda to roll back his European Socialism agenda. I think that’s much more important. We can hopefully get rid of him in 2010. Some of his policies may be more permanent.


127 posted on 08/04/2009 5:28:18 AM PDT by Old Teufel Hunden
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To: Texas resident

I definitely agree with that. We need to put everything on the table. We need to keep pounding away at why Mr. Transparency is hiding so much. As McCain said during the campaign (perhaps his best line): “for a guy with two memoirs, his life isn’t exactly an open book.”


128 posted on 08/04/2009 5:28:18 AM PDT by Humbug
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To: Daisyjane69
He was neither born on U.S. soil nor born on a military base.

Wouldn't matter if he actually was born on base. Administrative control does not US soil make.

Despite the admirable (but Constitutionally ignorant) sentiment expressed in popular opinion, the children of US military born abroad are not natural-born citizens. This has been acknowledged numerous times, in the form of failed proposals to amend the Constitution.

Republican former Senator Don Nickles of Oklahoma sponsored a bill purporting to do just that, in the 108th Congress, 2003 - 2004.

So, don't believe anyone who cites statute law and claims that any such law can "make" someone natural born. It can't.

129 posted on 08/04/2009 5:28:50 AM PDT by RegulatorCountry
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To: Old Teufel Hunden

I believe you are mistaken, my friend.


130 posted on 08/04/2009 5:29:04 AM PDT by Daisyjane69 (Michael Reagan: "Welcome back, Dad, even if you're wearing a dress and bearing children this time)
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To: Zakeet

Hmmm.

A day before his alleged “birthday” and Slate comes out with a “what-if”.

Strange days indeed.


131 posted on 08/04/2009 5:29:34 AM PDT by stevestras
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To: Guenevere
I have been pondering that also. It may be the other way. He is not playing ball their way and they want him out. It would be just like the arrogant puke; not “take orders” and get cross ways with the string pullers. The other thing is that most of his missteps have occurred while Teddy has been out of action. Could be the Clinton's coming back for revenge and pinning 0 down.
132 posted on 08/04/2009 5:30:15 AM PDT by mad_as_he$$ (Nemo me impune lacessit The law will be followed, dammit!)
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To: Daisyjane69

Did you complain about George Romney running for POTUS in 1964 and 1968 ???

He was born in Mexico...

Did I see a post from you since March saying that Mitt Romney was not natural born because his father was born in Mexico ???


133 posted on 08/04/2009 5:30:29 AM PDT by Tennessee Nana
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To: Jim Noble

Well, among other things that would be better for our country. It would also put a Republican second in line behind the VP. And Congress has the power of impeachment.


134 posted on 08/04/2009 5:31:08 AM PDT by 9YearLurker
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To: agere_contra

So that is what that puddle is

:)


135 posted on 08/04/2009 5:31:53 AM PDT by Tennessee Nana
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To: RegulatorCountry

Well, I am guilty of that as well. That is always the ruling trotted out.

I appreciate your clarity on this.


136 posted on 08/04/2009 5:32:57 AM PDT by Daisyjane69 (Michael Reagan: "Welcome back, Dad, even if you're wearing a dress and bearing children this time)
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To: LibLieSlayer

My concern is...

How do we get him out of the White house ???

Its not your average suberban bungalow...


137 posted on 08/04/2009 5:34:07 AM PDT by Tennessee Nana
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To: Old Teufel Hunden

Weakening him for 2012 could be a very good thing. Being seen as overreaching, such as there was a backlash of support for him that he had otherwise lost, would be unfortunate.


138 posted on 08/04/2009 5:36:17 AM PDT by 9YearLurker
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To: RegulatorCountry

Whenb we were sent to Okinawa in the early 70s, we were told any children born there would not be US citizens and we would have to do paper work for them...

Eventhough both my husband and I were US citizens in the military and sent there on orders...


139 posted on 08/04/2009 5:37:19 AM PDT by Tennessee Nana
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To: Tennessee Nana
Not only is HE a fraud, but so is Biden..

Why is Biden a fraud?

Joseph Robinette Biden was born in Scranton, PA to two US citizen parents. He is over 35 years of age, and he has resided in Delaware for the past 14 years.

He was legally selected by the Democratic National Convention to be placed on the ballot in all 50 states. On November 4, 2008 535 Electors for Vice President were chosen according to the procedures specified by 50 State Legislatures, and on December 15, 2008 362 of them elected Biden.

These perfectly legal and valid votes were opened and counted by a Special Joint Session of Congress convened for that purpose on January 5, 2009, were approved without dissent, and affirmed by the signature of the presiding officer, Richard Cheney of Wyoming.

What's fraudulent about that?

140 posted on 08/04/2009 5:38:10 AM PDT by Jim Noble (Pas de'ennmis a droit)
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