BREAKING -- Berg v Obama - Scheduled for SCOTUS Conference TWICE on Jan 16

US Supreme Court ^ | 12/23/08 | US Supreme Court

[BP2]

No. 08-570
Title:	Philip J. Berg, Petitioner v. Barack Obama, et al.
Docketed:	October 31, 2008
Lower Ct:	United States Court of Appeals for the Third Circuit

Case Nos.:	(08-4340)
	Rule 11

~~~Date~~~	~~~~~~~Proceedings  and  Orders~~~~~~~~~~~~~~~~~~~~~
Oct 30 2008	Petition for a writ of certiorari before judgment filed. (Response due December 1, 2008)
Oct 31 2008	Application (08A391) for an injunction pending the disposition of the petition for a writ of certiorari, submitted to Justice Souter.
Nov 3 2008	Supplemental brief of applicant Philip J. Berg filed.
Nov 3 2008	Application (08A391) denied by Justice Souter.
Nov 18 2008	Waiver of right of respondents Federal Election Commission, et al. to respond filed.
Dec 1 2008	Motion for leave to file amicus brief filed by Bill Anderson.
Dec 8 2008	Application (08A505) for an injunction pending the disposition of the petition for a writ of certiorari, submitted to Justice Souter.
Dec 9 2008	Application (08A505) denied by Justice Souter.
Dec 15 2008	Application (08A505) refiled and submitted to Justice Kennedy.
Dec 17 2008	DISTRIBUTED for Conference of January 9, 2009.
Dec 17 2008	Application (08A505) denied by Justice Kennedy.
Dec 18 2008	Application (08A505) refiled and submitted to Justice Scalia.
Dec 23 2008	Application (08A505) referred to the Court.
Dec 23 2008	DISTRIBUTED for Conference of January 16, 2009.	---------------

No. 08A505
Title:	Philip J. Berg, Applicant v. Barack Obama, et al.
Docketed:
Lower Ct:	United States Court of Appeals for the Third Circuit

Case Nos.:

(08-4340)

~~~Date~~~	~~~~~~~Proceedings  and  Orders~~~~~~~~~~~~~~~~~~~~~
Dec 8 2008	Application (08A505) for an injunction pending the disposition of the petition for a writ of certiorari, submitted to Justice Souter.
Dec 9 2008	Application (08A505) denied by Justice Souter.
Dec 15 2008	Application (08A505) refiled and submitted to Justice Kennedy.
Dec 17 2008	Application (08A505) denied by Justice Kennedy.
Dec 18 2008	Application (08A505) refiled and submitted to Justice Scalia.
Dec 23 2008	Application (08A505) referred to the Court.
Dec 23 2008	DISTRIBUTED for Conference of January 16, 2009.

[Red Steel]

I have a Birth Certificate issued by the US Embassy to prove it.

You sure it is not a State Department document to register the overseas birth that your parents received after your parents present proof of a foreign birth, like a birth certificate?

[Red Steel]

I don’t think that trumandogz has any real personal animosity towards Berg. Its all just a marvellous excuse to defend Obama and muddy the constitutional waters which, going in his/her each and every post (at least the ones that I’ve seen) is his/her sole purpose on this board.

Could he be a t....?

[Red Steel]

Where is this precise definition and what is it?

What's the precise definition of native born citizen? What is it?

[mlo]

"To be "natural born" one must be born within the United States to TWO US citizen (but not necessarily natural born) parents."

This is simply not true. No matter how many FR posts and internet pages keep repeating that it is.

[TruthWillWin]

Now, can you find something in the Constitution, Legislation or Case Law that defines Natural Born Citizen?

http://www.law.cornell.edu/uscode/html/uscode08/usc_sec_08_00001401----000-.html

[mlo]

"How about 150 years of Presidential precedent during which every President was a living breathing definition of a Natural Born Citizen [except one who hid his past and burned his papers because he knew he wasn't one]. Will that suffice???"

No. They also happened to all be white males. Does that mean the constitution requires them to be white males?

[SW6906]

Is that picture you?!!?

[Red Steel]

Berg v Obama has been in conference twice already and was denied. First it was presented by Souter and then by Kennedy. The justice presenting the case can often have little bearing on whether it will be accepted or not.

His applications for stay of election have been denied, but not his writ of certiorari, which is scheduled for conference on the 9th of January.

[mlo]

"What's the precise definition of native born citizen? What is it?"

Don't lose the context. I was responding to someone that said "natural born citizen" was very precisely defined. So I asked him to produce it.

Of course he couldn't. All he had was an essay.

[Red Steel]

Say,'dogz, how much do they pay you trolls? Flat rate or per post?

Nobody infests thread after thread for weeks, months, with their one-track mind comments--for nothing.

I've inquired about working the net for Obama since Obama has so much money to throw around in his coffers but they won't give me a hint. ;-)

[Red Steel]

Don't lose the context. I was responding to someone that said "natural born citizen" was very precisely defined. So I asked him to produce it.

Oh it's in context. Do you know the precise meaning of natural born citizen and the precise meaning of native born citizen? What is it? You must have an idea of what it is since you asked him... or is it really you don't? I'm asking.

[calenel]

"To be "natural born" one must be born within the United States to TWO US citizen (but not necessarily natural born) parents."

This is still not true. There still isn't a 'born a citizen but not a natural born citizen' class (a 3rd class) of citizen. This definition of 'natural born' that you keep touting does not exist. How could the FFs have meant this alternate definition when there was no discussion or documentation to support it? The COTUS uses the term 'natural born' and it means exactly what the dictionary says it means: 'having a quality or status from birth.' There is no record of any debate regarding an alternative meaning for the expression and no rational reason to believe that some kind of consensus in accord with your statements was ever achieved. Particularly in light of the absence of any documentation by the FFs supporting your position.

[Drew68]

Its all just a marvellous excuse to defend Obama and muddy the constitutional waters

The constitutional waters are crystal clear which is why these BC conspiracy cases keep getting laughed out of court, denied, no comment, week after week, case after case. And when Monday, January 19th's "Denied, no comment" list comes out, Berg v. Obama will be no exception.

You can bet money on this.

[editor-surveyor]

You simply do not understand the law.

[mlo]

"You simply do not understand the law."

What law would that be? Produce the law that says what you think it says.

[calenel]

"And if he were born in Kenya, yes he is a liar but he would still be a natural born citizen in that at the moment of his birth he became an American."

Factually incorrect conclusion. If Obama was born in Kenya (or anyplace else not in the US) he can not be a citizen at birth. The law in effect at the time of Obama's birth was:

1952 The Immigration and Nationality Act of June 27, 1952, 66 Stat. 163, 235, 8 U.S. Code Section 1401 (b). (Section 301 of the Act).

"Section 301. (a) The following shall be nationals and citizens of the United States at birth:

"(1) a person born in the United States, and subject to the jurisdiction thereof;

"(7) a person born outside the geographical limits of the United States and its outlying possessions of parents one of whom is an alien, and the other a citizen of the United States, who prior to the birth of such person, was physically present in the United States or its outlying possessions for a period or periods totaling not less than ten years, at least five of which were after attaining the age of fourteen years."

Obama's mother was not old enough to pass on citizenship as she could have been physically present in the US no more than 4 years 8 months and 6 days after she turned 14 even if you ignore all the travel outside of the US during that period.

[mlo]

The context of this entire discussion is that some people are claiming "natural born citizen" means certain special things that are not apparent in those three words. So when someone offers that it is specifically defined somewhere it makes sense to ask for that definition. Asking me to define some other term has nothing to do with it.

But I'll humor you. Both "natural born citizen" and "native born citizen" mean anyone that is a citizen by birth.

[freepersup]

bookmark / bump

[Drew68]

To be "natural born" one must be born within the United States to TWO US citizen (but not necessarily natural born) parents.

Where does this definition exist in the Constitution or established U.S. case law?

[Stoat]

Is that picture you?!!?

ROTFLMAO!

No, that looks like my Uncle Ermie, he's the heavy drinker of cheap beer in the family  :-)

"snicker"