“Judge dismisses Obama birth certificate lawsuit” ”Rules voters don’t have standing to ‘police’ constitutional requirements for president”


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A lawsuit filed by Democratic attorney Philip Berg alleging that Sen. Barack Obama is ineligible to be president was dismissed by a federal judge yesterday on grounds that Berg lacks standing to bring the lawsuit.

In a 34-page memorandum that accompanied the court order, the Hon. R. Barclay Surrick concludes that ordinary citizens can’t sue to ensure that a presidential candidate actually meets the constitutional requirements of the office.

Surrick defers to Congress, saying that the legislature could determine “that citizens, voters, or party members

should police the Constitution’s eligibility requirements for the Presidency,” but that it would take new laws to grant individual citizens that ability.

“Until that time,” Surrick says, “voters do not have standing to bring the sort of challenge that Plaintiff attempts to bring.”

Berg has maintained that uncertainty about how the U.S. does enforce the requirements of presidency may result in a constitutional crisis should an ineligible candidate win the office.

“This is a question of who has standing to stand up for our Constitution,” Berg told Jeff Schreiber of America’s Right blog. “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?”

As WND reported, Berg filed suit in U.S. District Court in August, alleging Obama is not a natural-born citizen and is thus ineligible to serve as president of the United States. Berg demanded that Obama provide documentation to the court to verify that the candidate was born in Hawaii, as Obama contends, and not in Kenya, as Berg believes.

Surrick did not rule on the birth certificate controversy, though he did express skepticism over the notion that a foreign-born Obama would have escaped the primaries without being discovered.

“Plaintiff would have us derail the democratic process by invalidating a candidate for whom millions of people voted,” Surrick states, “and who underwent excessive vetting during what was one of the most hotly contested presidential primary [sic] in living memory.”

Instead, Surrick cites Aritcle III of the U.S. Constitution, limiting federal judicial power to handling cases and controversies in which plaintiffs have clear standing through specific, personal injury

Berg, the judge ruled, simply didn’t have a case for a particular injury and thus, had no standing to sue.

Surrick’s ruling cites a case deemed similar, Hollander v. McCain, in which it was alleged during the primary season that since he was born in the Panama Canal Zone, John McCain is not a natural-born citizen either. The judge in the Hollander case also ruled a voter cannot sue to prevent an allegedly unconstitutional candidate.

Based in part on Hollander, Surrick concludes, “The alleged harm to voters stemming from a presidential candidate’s failure to satisfy the eligibility requirements of the Natural Born Citizen Clause is not concrete or particularized enough to constitute an injury.”

Surrick also quotes Lujan v. Defenders of Wildlife, which held, “The Supreme Court has consistently held that a plaintiff raising only a generally available grievance about government – claiming only harm to his and every citizen’s interest in proper application of the Constitution and laws, and seeking relief that no more directly and tangibly benefits him than it does the public at large – does not state an Article III case or controversy.”

Berg told America’s Right that even if he technically can’t hold Obama accountable to the Constitution, someone should. He plans to appeal his case to the Third Circuit Court of Appeals and then to the United States Supreme Court.

Phil Berg Barack Obama Ron Polarik Jeff Schreiber Michelle Obama Chief Editor Korir African Press International API

3 Responses to ““Judge dismisses Obama birth certificate lawsuit” ”Rules voters don’t have standing to ‘police’ constitutional requirements for president””

  1. Ted Says:

    Handled right, the Fed District Court throwing out Berg for lack of standing can present a political check-mate “win” on appeal for the anti-Obama side (if not in law, in the Court of Public Opinion). Here’s how: SIMPLY SPREAD AROUND OBAMA’S APPELLATE BRIEF HAVING TO ARGUE AGAINST AN AMERICAN VOTER’S RIGHT TO RAISE THE QUESTION UNDER THE CONSTITUTION. Should be a PR disaster for the Dems and Obama!!!

  2. Richard Says:

    I am so sick of people playing the ‘race” card! If America was TRULY as racist as people claim, we would not even have a black man as the nominee for one of the parties. Think about it! Obama, and his surrogates, use the race card far too often. It is used when they are being questioned about Obama’s past, and they don’t want to provide the information.

    Here is what I want to know:
    1. Doesn’t anyone else find it funny that his own grandmother has not shown up to any functions since even before he was elected a State Senator? There is only one relative, his half sister, that has shown up at events or spoken about Barack. Barack claims he has a large extended family in his books, and yet none of them have been allowed to speak! No one finds that odd?

    2. Don’t you find it odd that he will not release or open his files from his college days? Could it be that he applied as a Kenyan citizen or Indonesian citizen (both of which he was, at one time or another, a citizen of—-as he has now admitted)? It can’t be because of his bad grades because he already let the world know that in his books.

    3. How can he go to a church for 20 years–a church that spewed hate against ‘white america’ and act as if he never heard any of it? 20 years and never heard any of it? Come on, and I just fell off the turnip truck yesterday!

    4. You don’t find it odd that no one from his past has come forward to say, “yes, I was his college roommate and he was a great guy” or “I dated him in college” or “I was in the same club as him in college”. This is the first Presidential candidate who virtually has no one coming from his past to share stories or vouch for him. Odd and unusual to say the least.

    5. The few associations he has had made public are all radicals. William Ayers who tried to bomb the pentagon, police stations, the capital, etc. Rezko who is now under endictment for a myriad of illegal acts and will be put in jail for the rest of his life, Reverend Wright who he states in his book was his role model ( you know, the man who says ‘God damn America in his sermon, as well as that the US government started AIDS to get rid of black people”), the list goes on and on.

    6. Don’t you find it odd that a Democratic attorney had to file a Federal lawsuit to get Barack Obama to provide his “vault version” of his birth certificate to prove his eligibility to become President, according to the Constitution of the United States, instead of the fraudulent birth certificate (short version) that was deemed credible by factcheck.org (which by the way, is funded by the Anneneburg Foundation–the board Obama sat on for years and Ayers is still apart of–no conflict of interest there!). Instead of making the lawsuit go away instantly by providing the vault version of his birth certificate, he has refused to do so. Wouldn’t logic dictate to provide it and the lawsuit would go away?

    7. Don’t you find it odd that both he and his sister state Barack was born at two different hospitals in Hawaii and yet neither hospital has a record of him being born there?

    8. Don’t you find it odd that his own Kenyan Grandmother is on video tape stating that “she was in the delivery room during the birth of Barack in Kenya and is so proud of him”. If he was born in Kenya, that would make him ineligible to run for President of the United States as his mother was not in the military and his father was Kenyan?

    9. Don’t even get me started about his Kenyan cousin Odinga, who has committed genocide in the name of winning an election. The same cousin Obama, in the last year, visited in Kenya and endorsed and gave him a campaign staffer to help Odinga with running his campaign.

    10. Don’t you find it odd that the mainstream media refuses to question Obama on any of these tough issues. And the rare time they do, they take his answer as ‘gospel’ and forget about the story?

    These are but a few of the giant, red flags that are going up about Obama. I am a liberal Democrat, and this raises enough questions for me that I will NOT vote for him. Think about your vote people. This is about the Constitution of the United States. You know, that little document in which our entire government was founded upon?

    I, for one, refuse to ‘drink the Kool-Aid’ and follow blindly. It sickens me, as a loyal and liberal Democrat, that Obama would put our country and our entire political system in jeopardy like this . The man has an ego the size of Texas. Again, I don’t want to tell people how to vote, but please at least be an informed voter when you go to the polls.

  3. JoeE Says:

    I agree totally with Ted. It’s a great idea.

    However I also believe Berg has a much better chance with the Supreme Court, the judges who are much more inclined to delve into the spirit of the law and the framers intentions. And the framers had no intention in making it easy for a usurper, (whether or not Obama is one) with God knows what remit, to glid into the Oval Office.

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