Posted on 10/25/2008 7:31:47 AM PDT by NoobRep
So, who does have standing? According to the Hon. R. Barclay Surrick, that's completely up to Congress to decide.
If, through the political process, Congress determines that citizens, voters, or party members should police the Constitution’s eligibility requirements for the Presidency, then it is free to pass laws conferring standing on individuals like Plaintiff. Until that time, voters do not have standing to bring the sort of challenge that Plaintiff attempts to bring in the Amended Complaint.
(Excerpt) Read more at americasright.com ...
Look at Berg's resume before you say that. He is a former Pennsylvanial Deputy Attorney General.
......Rule of law in this country is DEAD.....
Years ago I was a Jaycee and recited the Jaycee creed at each meeting
It said....”Government should be of laws rather than of men”
That is no longer the case. We now have a tyranny of lawyers who make the law to be anything they can get a judge to agree to. We have become a government of lawyers. The law is meaningless.
Just whose freaking Constitution is it anyway, if not the People’s? If only Congress has standing, then our freedom is already lost. Which State AG has the cojones to bring suit?
So what stops Bill Clinton from running for a third term?---Since the Legislature now interprets the Constitution?
Surrick definitely appears to be an activist judge. The rule of law exists on the book-yet he says that it’s Congress, not the people, that need to actually enforce the law. Basically, he’s saying the Constitution doesn’t really mean anything because Congress needs to enact another law to prove eligibility.
I’m becoming convinced that Fauxbama and the Democrat party are trying to create a constitutional crisis.
I had posted this same point earlier. How is it that leftwing groups have had standing on a host of enviromental issues, animal rights issues, and even certain Constitutional issues dealing with church and state, etc.. when they show absolutely no direct particular harm other then that which would be considered shared by all citizens.
The other aspect of this ruling is that Mr.Berg (or any citizen) is being told that he has to petition Congress for a remedy yet most of Congress holds a conflict of interest in resolving this case based upon the fact that they stand to gain themselves in how it is resolved.
Why do we have three co-equal branches of government? (Or do we?) Basically the Court has now said in this ruling that they are inferior in standing themselves on this issue to the Congress. Ridiculous.
As concerned as I am that America, the PLACE, is in danger, I am far more concerned that America, the IDEA, is on the verge of being devastated in ways the Founders could never have imagined.
My great-great grandfather fought with the 80th Ohio Volunteer Infantry at Chickamauga, Vicksburg and marched to the sea with Sherman. My wife’s great-great grandfather also fought on the Union side. Given the quasi-tyrannical nature of the current central government, we’re both sad that they fought in a struggle to secure Washington’s grip on the states in violation of the VOLUNTARY compact between those states to create that central government in the first instance, the Declaration of Independence.
Now that central government — and the power it has usurped from the states and the people — may be about to fall into the hands of a group of men and women who care even less for those principles than Mr. Lincoln did when he launched one of the deadliest wars in history.
I admit to having many problems with Mr. Lincoln. Forensic historians now view him to have been more motivated by his own internal demons and depression than by a desire to keep together by force a union some voluntary members of which chose to “...alter and to abolish..., and to institute (a) new Government...”
Inasmuch as history is always written by the victor, I recognize this will be totally foreign to those who have not spent time examining that history in detail. But I said all that to lay the basis for this, one of the few things on which a younger, pre-presidency Lincoln and I might agree:
“At what point shall we expect the approach of danger? By what means shall we fortify against it? Shall we expect some transatlantic giant to step the ocean and crush us at one blow Never! All the armies of Europe, Asia and Africa combined with all the treasure of the earth (our own excepted) in their military chest, with a Bonaparte for a commander, could not take a drink from the Ohio or make a track on the Blue Ridge in a trial of a thousand years.
“At what point, then, is the approach of danger to be expected? I answer, if it ever reach us it must spring up amongst us; it cannot come from abroad. If destruction be our lot we must ourselves be its author and finisher. As a nation of freemen, we must live through all time, or die by suicide.”
Abraham Lincoln, 1837
America, the IDEA, may soon suffer a blow which will render it a small footnote in world history. Given that history IS written by the victors, it might not even be mentioned at all.
I tremble for our grandchildren.
“To reiterate: a candidate’s ineligibility under the Natural Born Citizen Clause does not result in an injury in fact to voters.” Judge Surick
I feel very injured, Judge.
Recent Supreme Court cases have now suggested that the rights of these so-called citizen groups to continue to bring these lawsuits may be restricted.
And collect the self sustaining legal fees. The rest comes from donations from liberal groups who support the cause, the destruction of the USA as we know it. The Tide Foundation, the Ford Foundation, The Heinz Foundation are examples of these left-wing supporting groups.
Just think what the left wing-nuts were to say if the NRA was to be conferred automatic standing on Second Amendment cases and be able to collect fees from the violating parties.
Berg will appeal! This piece was just posted at America’s Right- I haven’t had time to read it yet.
As I said before- I’ve had a very difficult time taking Berg seriously because of his 9-11 truther background.
I DO however, believe that Obama is lying about his birth- and am alarmed that none of the cases seeking him to prove himself seem to be bearing fruit.
Off to read the piece now :)
Obviously the court does not feel USA citizens have standing in this case, which means the US Constitution is meaningless to these judges.
“To reiterate: a candidate’s ineligibility under the Natural Born Citizen Clause does not result in an injury in fact to voters.” Judge Surick
So according to the words of Judge Surick the democrats could have nominated Osama Bin Laden and there still be no harm to voters.
The Obama Bin Biden ticket may be the equivalant anyway. Pathetic!
IMO this case now has two aspects-Hussein’s eligibility and who has standing to determine that eligibility.
Berg:
“This is a question of who has standing to stand up for our Constitution,” Berg said. “If I don’t have standing, if you don’t have standing, if your neighbor doesn’t have standing to ask whether or not the likely next president of the United States—the most powerful man in the entire world—is eligible to be in that office in the first place, then who does?”
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