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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: 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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