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Has 'standing' been created in hunt for Obama birth doc?Judges threaten penalties for seeking info
World Net Daily ^ | July 8, 2010 | Bob Unruh

Posted on 07/09/2010 10:31:02 PM PDT by 2ndDivisionVet

A decision by Judges Dolores Sloviter, Maryanne Trump Barry and Thomas Hardiman of the 3rd U.S. Circuit Court of Appeals may have opened the door to questions on the record about President Obama's birth documentation and eligibility to be president, according to an attorney in the case.

The judges' opinion recently dismissed as "frivolous" an appeal of a lower-court decision throwing out questions about whether the British Nationality Act of 1948 made Obama, at his birth to an American mother and Kenyan father, a subject of the British crown, thus possibly making him ineligible under the Constitution's requirement that a president be a "natural born citizen."

The case filed was against Obama, Congress and others, just before Obama was sworn into office, arguing that Obama was a British subject and not a U.S. citizen.

"We further contend that Obama has failed to even conclusively prove that he is at least a 'citizen of the United States' under the Fourteenth Amendment as he claims by conclusively proving that he was born in Hawaii," the lawsuit claimed.

Named as defendants are Barack Hussein Obama II, the U.S., Congress, the Senate, the House of Representatives, former Vice President Dick Cheney and House Speaker Nancy Pelosi.

The case alleges Congress failed to follow the Constitution, which "provides that Congress must fully qualify the candidate 'elected' by the Electoral College Electors."

A lower court dismissed the action, claiming the plaintiffs lack "standing" to make a claim about an alleged violation of the Constitution – meaning they weren't personally "injured" by the act.

The 3rd Circuit agreed.

"It is axiomatic that standing to sue is a prerequisite to Article III jurisdiction," the opinion said. "This constitutional mandate requires that appellants show, inter alia, an 'injury in fact.'"

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


TOPICS: Constitution/Conservatism; Crime/Corruption; Extended News; Politics/Elections
KEYWORDS: bho44; birthcertificate; certifigate; congress; illegal; illegitimate; ineligible; kenyabelieveit; naturalborncitizen; obama; obamanoncitizenissue
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Curiouser and couriouser...
1 posted on 07/09/2010 10:31:11 PM PDT by 2ndDivisionVet
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To: 2ndDivisionVet

Every citizen is impacted by the president... Just check obamacare

And to claim that every case brought ‘has no standing’ is just another example of the lawlessness we are living under

When do we start to disregard those in power? It’s not like they are following the Constitution or anything


2 posted on 07/09/2010 10:36:47 PM PDT by sten
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To: sten

When do we start to disregard those in power?

******************

I am sure it is already underway.


3 posted on 07/09/2010 10:37:50 PM PDT by Psalm 144 (How many Michael Steele gaffes does it take to make a pattern?)
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To: sten

Have you seen this?

What Good Can a Handgun Do Against An Army?
http://www.freerepublic.com/focus/f-backroom/2312894/posts


4 posted on 07/09/2010 10:38:12 PM PDT by 2ndDivisionVet (Don't care if he was born in a manger on July 4th! A "Natural Born" citizen requires two US parents!)
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To: 2ndDivisionVet
Most lawyers are seriously concerned for their own pocket books when an Appeals Court dismisses their case as frivolous..so this is indeed curious
5 posted on 07/09/2010 10:39:50 PM PDT by montanajoe
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To: 2ndDivisionVet
Why doesn't some judge or court order obamma to produce irrefutable evidence that he is American-born citizen, once and for all, so we can put all this behind us once and for all. If obamma is American-born, then let the birthers shut up. If not, obamma needs to resign.

Why obamma insists on dragging this out, when if he American-born and can prove, is beyond me? I suspect obamma cannot prove it, and in fact may not be American-born.

6 posted on 07/09/2010 10:41:20 PM PDT by rawhide
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To: 2ndDivisionVet

I’m confused....
Where’s “curiosity”...?

Will HE explain this to us?


7 posted on 07/09/2010 10:45:47 PM PDT by Mortrey (Impeach President Soros)
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To: rawhide
"Why doesn't some judge or court order obamma to produce irrefutable evidence that he is American-born citizen..."

There has been no court trial where such evidence would be heard, because nobody has had a valid case.

It's the lawyers filing these pointless suits that are dragging it out. This is not a matter for courts. They aren't going to get what they want.

8 posted on 07/09/2010 10:46:49 PM PDT by mlo
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To: sten

In this case, “standing” seems to be more of an excuse than a true issue. It’s obvious that every citizen, individually and collectively, is injured by fraud if fraud has indeed been committed. If there’s a judge that comprehends this basic principle, he or she certainly isn’t getting to hear any of these cases.


9 posted on 07/09/2010 10:56:54 PM PDT by skr (May God confound the enemy)
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To: 2ndDivisionVet

Well he is a Sten....


10 posted on 07/09/2010 11:06:55 PM PDT by Vendome (Don't take life so seriously... You'll never live through it.)
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To: Mortrey

curiosity is in the shower looking for “what” fell off....


11 posted on 07/09/2010 11:08:01 PM PDT by Vendome (Don't take life so seriously... You'll never live through it.)
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To: 2ndDivisionVet

Try to convince me that the folks with children to take care of that live in the Gulf have no standing....they have been robbed of their livelihood...just as we ALL will be, soon. And, BP is NOT handing out money for their loss. They are being held hostage, because Obama HATES white people and people that didn’t support him...just like Oklahoma and Tenessee, that will not receive federal aid after their damaging storms! Yeah...no “standing”.

Obama played golf, while the gulf population was being decimated....people with children AND wildlife.
He’s really so thoroughly pathetic that I almost feel sorry for him...I hope he enjoys his parties and cocaine and trips because he’ll spend eternity paying for it.


12 posted on 07/09/2010 11:12:42 PM PDT by Mortrey (Impeach President Soros)
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To: skr
"In this case, “standing” seems to be more of an excuse than a true issue. It’s obvious that every citizen, individually and collectively, is injured by fraud if fraud has indeed been committed. If there’s a judge that comprehends this basic principle, he or she certainly isn’t getting to hear any of these cases."

It's not an excuse. If you read the decisions you'd find that the judges specifically explain an injury to "everyone" does not qualify. There must be a specific harm, it must not be hypothetical, and also there must be something the court has the power to do about it. For one or all of these reasons, all the suits have been and will continue to be rejected.

13 posted on 07/09/2010 11:32:30 PM PDT by mlo
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To: mlo

“There has been no court trial where such evidence would be heard, because nobody has had a valid case.”

Nonsense. Our representative republic is a form of *self* government, and that self is us.

If we want proof that the Kenyan Commie is eligible to be president, then no court in the land, no bureaucrat, no elected official, has any authority to deny us.

That’s why it’s called *self* government.

Besides, the fact that an elected official would spend that much money to conceal the records of his birth is so suspicious as to create a prima facie criminal case.

That articles of impeachment have not been filed only goes to show that congressional republicans don’t have even a single testicle to share among the lot of them.

Capons.


14 posted on 07/09/2010 11:46:12 PM PDT by dsc (Any attempt to move a government to the left is a crime against humanity.)
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To: mlo

So at least as long as the court believes it lacks the “power” to unseat Obama, this rope a dope will continue.


15 posted on 07/09/2010 11:48:47 PM PDT by HiTech RedNeck (I am in America but not of America (per bible: am in the world but not of it))
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To: rawhide
If obamma is American-born, then let the birthers shut up

To be President, one needs to be 'natural born' - both parents need to be citizens of the USA.
16 posted on 07/10/2010 12:14:06 AM PDT by presently no screen name
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To: mlo

I have to respectfully disagree, although I understand what you are saying; the specific harm is fraud upon the People and upon the Rule of Law. Standing cannot be negated simply because everyone is harmed. This particular requirement in the Constitution, when not met, produces even more fraud with every bill signed and every order given to the military.

Obviously, I am not a lawyer. When common sense cannot be applied in a court of law, what’s the point of a court of law? Where’s a Founding Father/lawyer when you need him?


17 posted on 07/10/2010 12:29:22 AM PDT by skr (May God confound the enemy)
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To: 2ndDivisionVet
"...requires that appellants show, inter alia, an 'injury in fact.'"

This means that the 3rd ckt judges haven't kept up with the events of the past 18 months.

Tantamount to stepping over someone on the ground all cut up and bleeding and telling the person to shut up and stop complaining...

18 posted on 07/10/2010 12:37:06 AM PDT by SuperLuminal (Where is another agitator for republicanism like Sam Adams when we need him?)
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To: 2ndDivisionVet

I just wonder if alive today, would Orwell laugh or cry?


19 posted on 07/10/2010 1:04:50 AM PDT by TheThinker (Communists: taking over the world one kooky doomsday scenerio at a time.)
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To: TheThinker

20 posted on 07/10/2010 1:10:19 AM PDT by Liberty Valance (Keep a simple manner for a happy life :o)
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