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 ...
"...because nobody has had a valid case."
"You say this as if you are in fact an attorney."
I'm not, but all these cases have been repeatedly analyzed and fail for some very basic reasons. There have been plenty of actual attorneys here that will tell you the same, unanimously as far as I know.
Not only is standing a problem, but most of these cases just present the court with a set of suspicions and ask the court to investigate. That's not what courts do.
They also fail to present a controversy over which the court has any power to resolve. The US Constitution specifically gives the Electors and the Congress the power to decide the presidency. They've done that. It's over. No court in the country has the power to revisit that decision. The only recourse is impeachment.
"Never in my 60+ years have I seen any single issue destroy the faith in America’s political and judicial system as rapidly as this one is doing. Talk about a trust crushing tactic, this is the one that will succeed. If loss of trust in ones government isn’t a serious injury then nothing is."
The question about Obama's eligibility is not affecting most people that strongly. But for those it does, it's a consequence of their own state of mind, not someone else's choices. If you don't believe there is a legitimate birther issue in the first place then there's no reason to allow it to affect you. There is no legitimate issue. Birth in Hawaii makes him eligible.
You can't claim you've been injured if you don't first prove that something illegal happened.
As I read it, Congress did not decide that Obama did not qualify and thereby cause an issue. That is what Section 3 of the 20 Amendment speaks to.
Then why doesn't McCain or Palin sue?
The Demonrats would if the roles were reversed.
“If not, obamma needs to resign”
Resign????
He needs to be put on trial for sedition!
The fact that the courts refuse to address this issue is evidence in my mind of the depth of corruption in our judiciary. We are a lawless nation. Eventually that leads either to anarchy or revolution. Frankly we are getting to the point where either of those alternatives would be better than the status quo.
I believe this is what's behind Obama's sending lawyers to fight release.
Obama is a professional poseur, and it served him well, in early years, to hype a muslim connection.
However, the Congress covering for the president gives the courts the justification to say that no one has done anything illegal that injures anyone.
The point is that we don’t yet have proof of Obama’s illegal status.
Actually there is proof. It may not be clear and convincing, but there is evidence. Statements from his relatives and from officials in Kenya. Newspaper articles that describe him when he was running for Senator as being "Kenyan born". The presentation of an obviously fake certificate of live birth by his campaign when he was running for President.
Put that together with his utter refusal to release his medical records, or his school transcripts or his actual certificate of live birth (which is all circumstantial evidence) and you have plenty of evidence to make a prima facie case that Obama is not qualified. This should put the burden of proof on Obama to prove his qualifications. Something he has NEVER done.
Everything you write, I agree with. However, the circumstantial nature of any evidence makes it fairly simple for everyone to say that no law has been broken. Bottom line, you can’t claim injury for an unproven illegal act.
What would a smoking gun be in this case....that’s what I mean by the proof that our side needs.
A smoking gun on the Obama side would be a Hospital Birth record. Funny how he doesn't seem to have one.
One would think that in 1961 if a white woman gave birth to a black child in a Honolulu hospital that somebody would have remembered the event. That situation was are rare as hen's teeth in 1961. It was fairly common a decade later, but this was before the Civil Rights act. This was unusual beyond words, and yet, where are the witnesses to this birth? Have they all died? Are they all sleeping with Jimmy Hoffa?
someone someplace has a list of employees at that time
The more time goes on, the more convinced I am that Obama is not an American.
His values are foreign to the American spirit.
His loyalties are to the nations that we have traditionally held to be America's enemies and his animosity is directed to nations that have traditionally been our most loyal allies.
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.
OK, I'll repeat what I've been saying for quite sometime :
What if a naturalized citizen, accent and all, runs for POTUS in '12? He/she will not be allowed on the ballot for obvious reasons. He/she sues for leveling the playing field and equality under the law, by demanding that ALL candidates prove their eligibility beyond doubt.
The naturalized citizen has been "injured" JUDGE! What the hell are you going to say about it this time? There is NO lack of "standing" to hide behind. There are only liberal, cowardly judges who are STANDING as a shield for 0b0z0 by shredding the Constitution.
Of course, the Republicans don't have the stones to support such candidate. The fear of this 0bagger-led communist regime is paramount. That's precisely what the communists depend on to take over any population!
Frightfully simple, isn't it?
Could someone be trading pubby’s stones for gold be influencing their spinelessness?
Why would it have to be a Republican? The Conservative, Libertarian, Constitution or other 3rd party could do this country a service and get tons of free publicity for themselves by doing what you suggest.
Very good points that may explain the scenario of a Mombasa birth. 0b0z0's mother couldn't face people around her in HI when giving birth to a black baby.
Something else fits; 0bagger's grandmother, whom he called "a typical white woman," didn't want any part of it at the time. She probably forced her daughter to deliver abroad, in Kenya that is.
Absolutely!
I mentioned “Republican” because this action will need a lot of money and a fight to the death, so to speak!
Deep pockets are needed to STAND against Soros and the communist billionairs in Hollyweird.
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