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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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And now you know why the MSM and leading pols want the Obozo mess to go away -- fast.

Imagine the firestorm of frustration and civil dissent as the economy continues to tank with an obvious usurper on the throne and the sheeple are told they can shove the constitution.

Pop some corn and watch the drama continue to unfold.

1 posted on 08/04/2009 3:21:40 AM PDT by Zakeet
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To: Zakeet
Despite a congressional resolution affirming President Obama's U.S. birth

LOL Its true because we say so, there's even a resolution "proving" it.
2 posted on 08/04/2009 3:23:50 AM PDT by cripplecreek (Seniors, the new shovel ready project under socialized medicine.)
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To: Zakeet

Laws apply only to Republicans and other normal people. Radical leftists are given a free pass.

If someone were to produce clear proof that the Messiah is a usurper, the media would bury it faster than it buried the story about Clinton and Juanita Broaddrick.


3 posted on 08/04/2009 3:26:57 AM PDT by Leftism is Mentally Deranged
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To: Zakeet

THE GOP would win in huge blowouts in 2010 (something that might happen anyway) and IMPEACH HIM! GAME OVER!


4 posted on 08/04/2009 3:28:47 AM PDT by MrDem (From Morning in America to Mourning in America...)
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To: Zakeet

Do military personnel have standing?


5 posted on 08/04/2009 3:29:53 AM PDT by vg0va3 (I don't plan to quit the fight until it is finally over.)
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To: Zakeet

Another blatant example of how the left feels about The Constitution.


6 posted on 08/04/2009 3:30:37 AM PDT by JohnLongIsland
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To: Zakeet
Problem is, no one would have standing to bring such a lawsuit.

A bunch of legalese from the same profession that defended OJ Simpson.

The truth is, if he was born in Kenya, his Presidency is illegitimate. If he refused to stand down, we would not have a functioning Executive Branch - at all.

7 posted on 08/04/2009 3:30:37 AM PDT by SkyPilot
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To: Zakeet
Exactly. There is no congress in the foreseeable future that would impeach him, let alone a senate that would convict. Does everyone get that?

So, the next issue would be the courts. With a congress in tow, it could easily be an Andrew Jackson moment, "Chief Roberts has made his decision, now let him enforce it." Once again, nothing happens.

The REAL chaos would involve laws signed by this guy and the challenges to their legality. And THAT could go on for a decade. So, no, no one up there wants to see this unfold, which is why no Republicans have really pushed it.

8 posted on 08/04/2009 3:30:56 AM PDT by LS ("Castles made of sand, fall in the sea . . . eventually." (Hendrix))
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To: Leftism is Mentally Deranged

The media may need some ice soon.


9 posted on 08/04/2009 3:31:08 AM PDT by Vaduz
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To: Zakeet

We would get justice outside the courts.

Justice existed as a thing, as an idea before formal, bureaucratic courts were set up.

They, the courts do not own, nor have exclusive rights to a thing called ‘justice’.

Obama would resign, or the country would riot.


10 posted on 08/04/2009 3:33:26 AM PDT by Leisler
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To: Zakeet

Obama, being a man of high moral and ethical standards and impeccable integrity, would surely resign the office. Just like Slick Willy did. Snark.


11 posted on 08/04/2009 3:34:09 AM PDT by ProtectOurFreedom
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To: LS

Personally I would love to see him impeached but would settle for seeing him politically crippled.


12 posted on 08/04/2009 3:34:40 AM PDT by cripplecreek (Seniors, the new shovel ready project under socialized medicine.)
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To: LS

I love it...Obama is such a fraud. The Libs are in defensive mode and they are never any good at defense. He will end up destroying the far left moonbat wing of the party and maybe even the race baiting poverty pimps in the Black Caucus. Go Birthers!


13 posted on 08/04/2009 3:34:58 AM PDT by screaminsunshine (!!)
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To: MrDem
But just how would you impeach a man who isn't really president? That's the conundrum.
14 posted on 08/04/2009 3:35:16 AM PDT by ProtectOurFreedom
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To: Leftism is Mentally Deranged

Or Clinton giving the klystron switch to China so they could build their own thermonuclear and neuton bombs...


15 posted on 08/04/2009 3:39:34 AM PDT by PIF
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To: Zakeet
"WHAT IF ZERO WAS REALLY BORN IN KENYA?"

My prayers would be answered. . . . . . . . .

16 posted on 08/04/2009 3:40:08 AM PDT by DeaconRed (BO STINKS)
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To: Zakeet

Maybe one of “The Rich”, who Obama wants to tax to pay for every hare-brained scheme he can think of, might be in a small enough group to have standing...


17 posted on 08/04/2009 3:40:10 AM PDT by bondjamesbond (Don't blame me... I voted for PALIN!)
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To: SkyPilot

Someone has GOT to photoshop Obama’s head on OJ


18 posted on 08/04/2009 3:40:24 AM PDT by beagleone
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To: Zakeet
Resignation, impeachment, or nothing.

How about arrest by US Federal Marshals, trial, fines, imprisonment, and deportation for a string of felonies including fraud and espionage? Then go after his handlers.
19 posted on 08/04/2009 3:40:56 AM PDT by SpaceBar
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To: Voter#537

He prolly was, but a lot of people are willing to destroy anybody who tries to prove it.


20 posted on 08/04/2009 3:41:34 AM PDT by beagleone
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To: Zakeet

I do not believe he was born in Hawaii, I do believe he is not eligible under the guidelines of the Constitution, and I do believe he does not have the best interests of the United States of America at heart.

I also don’t believe this is going to amount to everything.

What I DO believe is that this is a fight worth fighting, to elevate the issue high enough so that in every presidential election from this point forward, scrutiny of a candidate’s citizenship begins on day one.

The framers of the Constitution had good reasons for putting that restriction on citizenship in the document, and those reasons are even MORE valid today. I believe this is a Constitutional issue.

The way I see it, there are only three reasons they do not produce the proof required:

1.) They cannot because they cannot obtain it.

2.) They cannot because he is not a citizen and the documentation will prove it.

3.) They are exploiting the issue as a tool.

We must be cautious that they do not send us chasing our tails while they pass into law health care, cap and trade and other anti-American legislation. I think we can and should multitask, but we need to keep that in mind.


21 posted on 08/04/2009 3:41:55 AM PDT by rlmorel ("The Road to Serfdom" by F.A.Hayek - Read it...today.)
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To: LS
Well, if we have an Andrew Jackson moment, maybe we would have a Honduran solution and the military would remove the usurper to enforce a Supreme Court decision.
22 posted on 08/04/2009 3:41:55 AM PDT by Truth29
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To: LS

Ultimately, the job would fall to the Army. But we’re talking about fifty “what-ifs” piled on top of one another before we get to that point.


23 posted on 08/04/2009 3:42:25 AM PDT by bondjamesbond (Don't blame me... I voted for PALIN!)
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To: Zakeet

24 posted on 08/04/2009 3:42:57 AM PDT by Howie
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To: Zakeet

1. Wouldn’t or couldn’t a group mount some sort of class action lawsuit?
a. Voters who were willfully and purposefully deceived.
b. Not only against 0bama, but the entire DNC as they held a sacred duty to confirm his eligiblity.

2. Wouldn’t he have committed a high crime? (fraud against the American people)
a. All those who contributed money to him to get him into office.


25 posted on 08/04/2009 3:44:12 AM PDT by EBH (it is the Right of the People to alter or to abolish it, and to institute a new Government)
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To: Zakeet
But the libtards have gone form "of course he was born in Hawaii" to "it doesn't matter where he was born." That is quite a trip and something the "middle of the road" folks are gonna notice. This will kill Dems in 2010.

Μολὼν λάβε


26 posted on 08/04/2009 3:47:02 AM PDT by wastoute (translation of tag "Come and get them (bastards)" and the Scout Motto)
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To: ProtectOurFreedom

And you remember how well we did in those 1998 elections.


27 posted on 08/04/2009 3:48:49 AM PDT by Luke21
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To: Zakeet

IMHO, the birth certificate issue is simply an intentional distraction concieved, planned and executed by Obama’s mentors....

Great plan to draw out your greatest distractors and keep them focused on a “non-issue”. Marginalizing them while the cresendo of their noise makes them appear fringe.

Like a burgular thowing a piece of raw steak to a attack dog while he cleans out the house.....

All the “O” has to do is refuse to release a document and the focus remains elseware.....

This is soooooo textbook political black ops it would be laughable except for the fact it is working.....


28 posted on 08/04/2009 3:49:09 AM PDT by nevergore ("It could be that the purpose of my life is simply to serve as a warning to others.")
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To: Zakeet

Wouldn’t McCain have standing?


29 posted on 08/04/2009 3:49:22 AM PDT by Sapper26 (Political Refugee From the Obamanation)
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To: cripplecreek

How did 0bama ever get a security clearance to get into tghe Senate in the first place? Did the FBI even TRY to get his original birth certificate?


30 posted on 08/04/2009 3:50:17 AM PDT by Ken522
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To: Zakeet

“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.”
........................
No STANDING? Is this brainless idiot serious?
How about WE THE PEOPLE?
Damages? How about total violation of our Constitutional Rights? If the Courts found the violations, then what is the remedy. Revocation of all the Fascists Actions of this Administration. Return of Constitution authority to the STATES?
Slate is a perfect example of what happens when the Constitution uneducated get hold of a Computer.


31 posted on 08/04/2009 3:51:12 AM PDT by Marty62
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To: Sapper26

Yes, but he wouldn’t stoop so low as to assume the office through such dishonorable means as a lawsuit.


32 posted on 08/04/2009 3:52:13 AM PDT by ProtectOurFreedom
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To: Zakeet
This article reminds me of the following title....as if to explain it away.

IF Obama is not US born EVERY US CITIZEN has standing. To suggest otherwise is simply their effort to dismiss removal.

While I do not profess to say what happens next I would believe that Biden gets the chair, fills out the rest of the term and then loses next round. After all, the electorate DID vote him in and as much as I am against him I DO support the choice we made. To say it should then go to McCain is dishonest.

33 posted on 08/04/2009 3:52:41 AM PDT by ICE-FLYER (God bless and keep the United States of America)
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To: EBH

Personally I think Reid and Pelosi should be looked at as possible inroads to the heart of the matter. After all they signed many of the verification papers in the individual states stating that Obama was eligible. I would have expected Howard Dean to do that but he doesn’t appear to have signed anything. If nothing else, stirring up some infighting could be fun.

Now that I think about it I’m kind of curious about who vouched for the eligibility of Roger Calero. He’s a resident alien and his name appeared on ballots in several states.


34 posted on 08/04/2009 3:53:35 AM PDT by cripplecreek (Seniors, the new shovel ready project under socialized medicine.)
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To: cripplecreek

A resolution from people I wouldnt trust to shine my shoes.

There may be a few honest members of Congress, but they buy and sell each other with promises every day.
Integrity is a joke to too many politicians.


35 posted on 08/04/2009 3:53:50 AM PDT by Venturer
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To: vg0va3

Excellent Question.


36 posted on 08/04/2009 3:53:51 AM PDT by Marty62
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To: rlmorel
We must be cautious that they do not send us chasing our tails while they pass into law health care, cap and trade and other anti-American legislation.

Face it. That crap is going to be passed whether we like it or not. They own the House and Senate, and they have plenty of Rinos to help them get their agenda done. So even if we fail to bring him down as the fraud that he is, it won't be any worse than if we do nothing at all.

37 posted on 08/04/2009 3:55:53 AM PDT by Fresh Wind (Too bad presidents don't come with certificates of authenticity.)
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To: Zakeet

Push, push, push your representatives EVERY day to stand up against this guy and what he wants.


38 posted on 08/04/2009 3:56:39 AM PDT by smartymarty (When you know why you believe what you believe, leadership is inevitable.)
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To: 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.

Sooo why don’t we just forget this unpleasantness and let Zero ruin the country, n-kay?

WTF????

Get that thing out of my house!


39 posted on 08/04/2009 3:57:47 AM PDT by Adder (Proudly ignoring Zero since 1-20-09!)
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To: Zakeet

“Imagine the firestorm of frustration and civil dissent as the economy continues to tank”

And imagine the REAL firestorms that would break out in EVERY large American city, if the Marxist Messiah is dethroned.


40 posted on 08/04/2009 3:58:13 AM PDT by AlexW (Now in the Philippines . Happy not to be back in the USA for now.)
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To: Zakeet

We would have a nation of men, not laws.

We have the reset button for the US Constitution, it’s called the violent application of the second amendment.

“A people unwilling to use extreme violent force to preserve or attain their liberty deserves the tyrant that rules them.” paraphrae from a founding dude.


41 posted on 08/04/2009 3:59:48 AM PDT by stockpirate (The movement to take back America has already started, Sarah is her name.)
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To: Zakeet

This writer must be the dumbest human being on the entire planet. Seriously.

Just because so-called journalists don’t know the law, doesn’t mean our soldiers don’t know the law. They do. If anyone thinks the American military will voluntarily lay their lives on the line for someone born on foreign soil and LIED about it, has never met a soldier.

LOL


42 posted on 08/04/2009 4:00:30 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: AlexW
And imagine the REAL firestorms that would break out in EVERY large American city, if the Marxist Messiah is dethroned.

Urban renewal.
43 posted on 08/04/2009 4:01:03 AM PDT by cripplecreek (Seniors, the new shovel ready project under socialized medicine.)
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To: Zakeet

So we start challenging the validity of laws he’s signed.


44 posted on 08/04/2009 4:01:16 AM PDT by agere_contra
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To: nevergore

Uh, excuse me, but I would think that most of us are capable of chewing bubble gum and walking at the same time. Obviously, this might not be the case for liberals.


45 posted on 08/04/2009 4:03:37 AM PDT by mazda77 (Rubio for US Senate)
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To: SpaceBar

I don’t think a sitting president can be arrested.


46 posted on 08/04/2009 4:03:56 AM PDT by stockpirate (The movement to take back America has already started, Sarah is her name.)
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To: Zakeet

Ummm, did they forget about our military?


47 posted on 08/04/2009 4:05:00 AM PDT by NoGrayZone (Where's The Birth Certificate)
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To: Zakeet

The legal process would be along the conceptual lines of a Writ of Mandamus, to compel the acknowledgement, by the electoral qualifiers (the Speaker of the House and the President of the Senate), that Obama did not meet the Constitutional requirements based on the evidence discovered, and thereby retroactively disqualify him based on his defrauding of Congress.

Whether they would obey such an order is another question, because it brings up the whole separation of powers thing. On the other hand, since the centerpiece of the legal action would be the specific directions of the Constitution itself towards these members of Congress directly, their defiance would not actually be against the SCOTUS, but against the Constitution, and so these duly elected Congressional defiers would be in violation of their sworn duty, and subject to impeachment.


48 posted on 08/04/2009 4:06:04 AM PDT by Talisker (When you find a turtle on top of a fence post, you can be damn sure it didn't get there on it's own.)
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To: vg0va3
Do military personnel have standing?

Why would they?

49 posted on 08/04/2009 4:06:31 AM PDT by Non-Sequitur
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To: Voter#537

“WHAT IF ZERO WAS REALLY BORN IN KENYA?”

In my opinion he was born in a hut in a remote area of Kenya, and has no birth certificate. I Doubt if he knows what his real birth date is. This has already been thought out by his big money, anti-American handlers. If there is no birth certificate, he cannot produce one, thus the Hawaii short form farce.


50 posted on 08/04/2009 4:07:32 AM PDT by chainsaw (If you think health care is expensive now, wait until you see what it costs when it's free! -- P.J..)
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