BIGUN 1,326 #1 November 20, 2008 QuoteNovember 18th - Supreme Court Of The United States (SCOTUS) Justice David Souter has agreed that a review of the federal lawsuit filed by attorney Phil Berg against Barack Hussein Obama II, et al., which was subsequently dismissed for lack of standing is warranted. SCOTUS Docket No. 08-570 contains the details. A review of that docket and the Rule 10 of the Supreme Court makes abundantly clear that Justice Souter's granting of a review on the Writ of Certiorari is not a right entitled to citizen Phil Berg, but rather is a matter of judcial discretion based upon a compelling reason. That compelling reason is the Constitutional requirement that "No person except a natural born citizen ...shall be eligible to the office of President..." What this means is that on or before 1 DECEMBER 2008 Barack Hussein Obama II must respond to the writ of certiorari, and since the Berg v Obama case hinged primarily on the question of Obama's place of birth, it is almost inconceivable that Barack Obama will thumb his nose at the Justices of the Supreme Court and he is absolutely compelled to provide a vault copy of his original birth certificate. Another very salient fact to consider at this time is that, despite all of the pronouncements of the print and broadcast media, Barack Obama is not yet the President-elect of the United States. Barack Obama can only become the President-elect after the Electoral College convenes on 15 DECEMBER 2008 in their respective state capitals around the nation and cast their votes to elect the President and the Vice President. As you can see this election day occurs two weeks after the required response to the Supreme Court granted Writ of Certiorari. The bottom line is this: the presidential election of 2008 remains an ongoing process, the outcome of which remains undetermined, and all talk about a potential Constitutional crisis in the United States are at least 36 days premature. The inevitable constitutional crisis regarding President-elect Obama, of course, revolves around his inability (or unwillingness) to produce an authentic Hawaiian birth certificate with the raised certificate stamp that the Federal Elections Commission can independently verify. Here are some of the unanswered issues hanging over the head of President-elect Barack Obama and the question of his American citizenship: · The allegation that Obama was born in Kenya to parents unable to automatically grant him American citizenship; · The allegation that Obama was made a citizen of Indonesia as a child and that he retained foreign citizenship into adulthood without recording an oath of allegiance to regain any theoretical American citizenship; · The allegation that Obama's birth certificate was a forgery and that he may not be an eligible, natural-born citizen; · The allegation that Obama was not born an American citizen; lost an hypothetical American citizenship he had as a child; that Obama may not now be an American citizen and even if he is, may hold dual citizenships with other countries. If any, much less all, of these allegations are true, the suit claims, Obama cannot constitutionally serve as president. · The allegations that "Obama's grandmother on his father's side, half brother and half sister claim Obama was born in Kenya," the suit states." Reports reflect Obama's mother went to Kenya during her pregnancy; however, she was prevented from boarding a flight from Kenya to Hawaii at her late stage of pregnancy, which apparently was a normal restriction to avoid births during flight. Stanley Ann Dunham (Obama) gave birth to Obama in Kenya, afte which she flew to Hawaii and registered Obama's birth." · The claim could not be verified by inquiries to Hawaiian hospitals since state law bars the hospitals from releasing medical records to the public; Even if Obama produced authenticated proof of his birth in Hawaii, however, the suit claims that the U.S. Nationality Act of 1940 provided that minors lose their American citizenship when their parents expatriate. Since Obama's mother married an Indonesian citizen and moved to Indonesia, the suit claims, sh forfeited both her and Barack's American citizenship. Source: http://www.fourwinds10.com/siterun_data/government/obama_government/news.php?q=1227072513 Docket: http://origin.www.supremecourtus.gov/docket/08-570.htmNobody has time to listen; because they're desperately chasing the need of being heard. Quote Share this post Link to post Share on other sites
rushmc 23 #2 November 20, 2008 Just for the sake of my learning. WTF should happen, under the constitution, should he be declared not a US citizen? Then think, WTF might happen under the same senario??? Please, I am not claiming anything but the mess this might make. I am not sure I can get my mind around this oneEdited to add: On the other hand, this needs to be known as well. Quote Petitioners should consider a writ of certiorari a technique of last resort. Since the writ must include a reason why the petitioner has no other avenue of redress, it is important to explore all of the ways in which a legal problem can be addressed before submitting it to the highest court. In most nations, the judicial system has a tiered appeals process which should be followed first, in addition to other legal means which a lawyer may suggest. "America will never be destroyed from the outside, if we falter and lose our freedoms, it will be because we destroyed ourselves." Abraham Lincoln Quote Share this post Link to post Share on other sites
Amazon 7 #3 November 20, 2008 Can we consider this yet another fringers attempt at grasping for any straws of last resort?? Quote Share this post Link to post Share on other sites
AggieDave 6 #4 November 20, 2008 QuoteJust for the sake of my learning. WTF should happen, under the constitution, should he be declared not a US citizen? Doesn't matter, it would be before the Electorial College meets, so they could elect whom they choose. It would, however, results in some serious civil unrest in a number of cities across the country. I'm not an Obama fan, but I cringe to think what would occur civilly if that should come to pass.--"When I die, may I be surrounded by scattered chrome and burning gasoline." Quote Share this post Link to post Share on other sites
Frenchy68 0 #5 November 20, 2008 QuoteEven if Obama produced authenticated proof of his birth in Hawaii, however, the suit claims that the U.S. Nationality Act of 1940 provided that minors lose their American citizenship when their parents expatriate. Since Obama's mother married an Indonesian citizen and moved to Indonesia, the suit claims, sh forfeited both her and Barack's American citizenship. That's weird. First, I believe the current applicable US Nationality Act is dated 1952. Second, I do not believe this act provides for a US Citizen to lose his/her citizenship upon becoming an expatriate (there are tens of thousands of US expats worldwide), unless one renounces his/her US citizenship to acquire a foreign citizenship not compatible with the US one. My daughter has never set a foot in the US, yet is a US citizen. And although I have not lived in the US for 3 years, I have retained my citizenship. I believe whatever the USNA of 1940 states is now outdated and that the 1952 version supersedes it. "For once you have tasted Absinthe you will walk the earth with your eyes turned towards the gutter, for there you have been and there you will long to return." Quote Share this post Link to post Share on other sites
BIGUN 1,326 #6 November 20, 2008 No argument. I'm just the messenger. I think it'll stand. RE: "USNA of 1940 states is now outdated and that the 1952 version supersedes it." I believe that to be true also and that 1952 version actually rolled all the various acts under one umbrella. For your reading pleasure: http://www4.law.cornell.edu/uscode/8/ Nobody has time to listen; because they're desperately chasing the need of being heard. Quote Share this post Link to post Share on other sites
chadkal 0 #7 November 20, 2008 My understanding was that when he went to Indonesia he could not go to school there unless he was a citizen, and that Indonesia would not recognise a dual citizenship, therefore he had to give up his U.S. citizenship at that time. Like I said, this is just ho I understood it. -------------------------------------------------- I am a greek midget Quote Share this post Link to post Share on other sites
chadkal 0 #8 November 20, 2008 I believe that no matter what happens, Obama will be the next pres. Even if he were to be found not a citizen he would still be made pres. for fear of what would happen if he were denied at this point. -------------------------------------------------- I am a greek midget Quote Share this post Link to post Share on other sites
JohnRich 4 #9 November 20, 2008 QuoteEven if he were to be found not a citizen he would still be made pres. Can't happen - that would be unconstitutional. It might be up to the electoral college, another election, or maybe Joe Biden would just take over. I don't know. But whatever the consequences, the constitution MUST be respected. This matter must be resolved one way or the other. We don't want people crying for the next four years about how the election was stolen, the way the liberals have been doing for the last 8 years. Even the Obamites should want this investigation to proceed, to put to bed any shroud of doubt. Unless they've actually got something to hide... And if people are going to start ignoring the constitution in order to favor Obamer before he's even sworn in, then Ganesh help us for the next four years that he's in office. Quote Share this post Link to post Share on other sites
chadkal 0 #10 November 20, 2008 Joe Biden could not take over, because until Dec. 15 Obama is still not pres. elect. So if Obama is found to be unable to serve as pres. Biden would not be anything. I'm not sure what would happen, but I'm not positive that the constitution would stand. -------------------------------------------------- I am a greek midget Quote Share this post Link to post Share on other sites
Andrewwhyte 1 #11 November 20, 2008 If, IF these stories have any basis in fact it will certainly be interesting political and legal theatre. As I see it if he was born in Kenya he is still a natural born American as his mother was one. If he was an Indonesian and gave up his US citizenship the question must be asked whether a parent can abrogate a child's rights (think skydiving waver). It would be poor form to wish a constitutional crises upon the country for entertainment reasons, but still... Quote Share this post Link to post Share on other sites
Andrewwhyte 1 #12 November 20, 2008 QuoteJoe Biden could not take over, because until Dec. 15 Obama is still not pres. elect. So if Obama is found to be unable to serve as pres. Biden would not be anything. I'm not sure what would happen, but I'm not positive that the constitution would stand. Of course it would. If Obama were declared inelegible the EC would have to elect someone else, probably Hillary. That is the intended function of making the EC actual people. Quote Share this post Link to post Share on other sites
SimonBones 1 #13 November 20, 2008 If what this thread is reporting is in fact true or possible, I'd think that this story would be huge. I can't seem to find any large news agency reporting this.108 way head down world record!!! http://www.simonbones.com Hit me up on Facebook Quote Share this post Link to post Share on other sites
JohnRich 4 #14 November 20, 2008 QuoteAs I see it if he was born in Kenya he is still a natural born American as his mother was one. The law at that time said the mother in such a case must be at least 18 years of age, and she was only 17 at the time. This may be seen as a technicality, but it was nevertheless, the law. And the law should be respected and followed by someone who wants to be president. Quote Share this post Link to post Share on other sites
Andrewwhyte 1 #15 November 20, 2008 QuoteQuoteAs I see it if he was born in Kenya he is still a natural born American as his mother was one. The law at that time said the mother in such a case must be at least 18 years of age, and she was only 17 at the time. This may be seen as a technicality, but it was nevertheless, the law. And the law should be respected and followed by someone who wants to be president. The law is never merely a technicality when the most powerful post on the planet is at stake. As I said this could provide amazing theatre. Quote Share this post Link to post Share on other sites
chadkal 0 #16 November 20, 2008 There are 2 issues that I see at question here, 1. Where was he born. 2. If he had an Indonesian citizenship at age 4 to go to school -------------------------------------------------- I am a greek midget Quote Share this post Link to post Share on other sites
chadkal 0 #17 November 20, 2008 Here is the suit filed in Ca. evidently there have been 17 such cases filed thus far. http://www.soundinvestments.us/files/final_writ_keyes_v_bowen.pdf -------------------------------------------------- I am a greek midget Quote Share this post Link to post Share on other sites
billvon 3,008 #18 November 20, 2008 >And the law should be respected and followed by someone who wants to >be president. Agreed. And he can do that by producing a birth certificate, thus proving he is in fact a natural born US citizen as required by the Constitution. He has done so. The burden of proof is now on the anti-Obama forces. Quote Share this post Link to post Share on other sites
chadkal 0 #19 November 20, 2008 He has not produced a birth cert. The document that he produced was not from the time of birth and did not have a doctors signature on it. At least that is my understanding of the facts, to this point he has refused to produce a legal document. -------------------------------------------------- I am a greek midget Quote Share this post Link to post Share on other sites
SimonBones 1 #20 November 20, 2008 So if the document he provided was not sufficient enough to become president, and he may become president illegally, why is no major news agency reporting this? I'm starting to doubt the credibility of these claims against him. And I voted against him!108 way head down world record!!! http://www.simonbones.com Hit me up on Facebook Quote Share this post Link to post Share on other sites
billvon 3,008 #21 November 20, 2008 >He has not produced a birth cert. He has indeed, and Hawaii has certified it as being authentic. Their move. Quote Share this post Link to post Share on other sites
chadkal 0 #22 November 20, 2008 I don't know why nobody is reporting on it, and not sure if I believe that he is ineligible, but what I know is fact is that there are 17 lawsuits filed against him that demand that he does produce the documents or the states where these suits are filed will withhold their votes at the ec and no news is reporting on that -------------------------------------------------- I am a greek midget Quote Share this post Link to post Share on other sites
masterrig 1 #23 November 20, 2008 QuoteI don't know why nobody is reporting on it, and not sure if I believe that he is ineligible, but what I know is fact is that there are 17 lawsuits filed against him that demand that he does produce the documents or the states where these suits are filed will withhold their votes at the ec and no news is reporting on that It all seems odd to me that, for two whole years, the man ran for the office of President of the United States and as we all well know, won the election. Wouldn't the matter have been dealt with at the time he 'threw his hat into the ring'? There are certain steps one must follow to run for public office. I wonder as have others why, this story is not being covered by the media and news services. It's all over the news and newspapers as well as the internet about Cheney's indictment in Texas. Yet, they have failed to run the story in regard to Barack Obama's eligibility to be our next president? Seems odd. Chuck Quote Share this post Link to post Share on other sites
DSE 5 #24 November 20, 2008 QuoteHe has not produced a birth cert. The document that he produced was not from the time of birth and did not have a doctors signature on it. At least that is my understanding of the facts, to this point he has refused to produce a legal document.http://www.politifact.com/media/img/graphics/birthCertObama.jpg Photocopy of it. "If this document is forged, a U.S. senator and his presidential campaign have perpetrated a vast, long-term fraud. They have done it with conspiring officials at the Hawaii Department of Health, the Cook County (Ill.) Bureau of Vital Statistics, the Illinois Secretary of State’s office, the Attorney Registration & Disciplinary Commission of the Supreme Court of Illinois and many other government agencies." Quote Share this post Link to post Share on other sites
Andrewwhyte 1 #25 November 20, 2008 Quote "If this document is forged, a U.S. senator and his presidential campaign have perpetrated a vast, long-term fraud. They have done it with conspiring officials at the Hawaii Department of Health, the Cook County (Ill.) Bureau of Vital Statistics, the Illinois Secretary of State’s office, the Attorney Registration & Disciplinary Commission of the Supreme Court of Illinois and many other government agencies." I'll get my hat. Quote Share this post Link to post Share on other sites