Phillip Berg lawsuit questioning Obama citizenship is going to the SCOTUS on appeal. As predicted, Judge Surrick’s dismissal ruling slaps in the face of American citizens to challenge the Constitution. If it is not the citizens who have “standing”, but Congress as Surrick ruled, then we as a nation are heading for Constitutional crisis that may have no remedy for relief.

Attorney Phillip Berg announced earlier this evening on his website his intention to appeal Judge Surrick’s dismissal of his case. The announcement as follows tells the entire story:

This is a question of who has standing to uphold our Constitution. If I don’t have standing, if you don’t have standing, if your neighbor doesn’t have standing to question the eligibility of an individual to be President of the United States – the Commander-in-Chief, the most powerful person in the world – then who does?

So, anyone can just claim to be eligible for congress or the presidency without having their legal status, age or citizenship questioned.

According to Judge Surrick, we the people have no right to police the eligibility requirements under the U.S. Constitution.

Once again, if we as the citizens of this nation do not have the standing to take our concerns to the Courts about a candidate meeting qualifications for office, apparently this nation isn’t “of the people, by the people, and for the people”. My interpretation of the Constitution tells me that I have every right to appeal to the courts of this nation for addressing any issue I have in any venue that I might desire when it comes to matters of law and particularly the Constitution of this nation.

I can assure you that a failure of the Supreme Court to hear this case is going to hit square in the face of many Americans. The message that will send is going to be one that our nation’s leaders may not be prepared to hear and it will be one of much protest and much amazement at the utter disdain for the people of this nation by our Courts in particular, and our Government in general.

Perhaps Mr. Berg sums it up best in the last paragraph of his statement-

Berg again stressed his position regarding the urgency of this case as, “we” the people, are heading to a “Constitutional Crisis” if this case is not resolved forthwith. 

Definitely, the next few days are going to be one that will need to be watched very carefully as to what the SCOTUS will do in either accepting this case on appeal or any resulting ruling.

 Judge Surrick’s ruling on Berg’s suit questioning Obama citizenship will likely be appealed. His dismissal on grounds that Citizens don’t have precedence to question Constitutional requirements challenges the foundation of our nation- a citizens right to be heard by our Government.

If outrage isn’t a strong enough word, then I am lost for one to use. Judge Surrick’s ruling on the Berg v. Obama citizenship is a challenge to the very fabric of a citizen being able to question our potential elected officials on their credentials for office. His opinion has this one VERY disturbing paragraph:

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.

Since when do I as a citizen of this nation NOT have standing to question anything that the Constitution says. Our very Supreme Court was established for the sole purpose of determining the challenges to the Constitution by the very citizens that it effects. Congress does NOT have the authority to change, determine requirements for office, nor anything else Judge Surrick has ruled that they do. Article Three of the Constitution states clearly without ambiquity-

Section 2. The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority; to all Cases affecting Ambassadors, other public Ministers and Consuls; to all Cases of admiralty and maritime Jurisdiction; to Controversies to which the United States shall be a Party; to Controversies between two or more States; between a State and Citizens of another State; between Citizens of different States; between Citizens of the same State claiming Lands under Grants of different States, and between a State, or the Citizens thereof, and foreign States, Citizens or Subjects.

In all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party, the supreme Court shall have original Jurisdiction. In all the other Cases before mentioned, the supreme Court shall have appellate Jurisdiction, both as to Law and Fact, with such Exceptions, and under such Regulations as the Congress shall make.

Trial of all Crimes, except in Cases of Impeachment, shall be by Jury; and such Trial shall be held in the State where the said Crimes shall have been committed; but when not committed within any State, the Trial shall be at such Place or Places as the Congress may by Law have directed.

Article Two of the Constitution CLEARLY outlines the requirements for President of the United States. Only a Constitutional Amendment can change that requirement- NOT Congress. That requires a 2/3 majority of the States to ratify and as of this date, I haven’t seen such a proposal before Congress, on any ballot, or ready for ratification. Judge Surrick, in my opinion, has erred far beyond the pale of any capacity as a Judge. Any first year law student should be able to draft an appeal completely acceptable to the Supreme Court of this nation requesting an immediate hearing.

As my last post clearly stated, any ruling is likely to be appealed. This time, the very judge who offered the ruling has not only opened the door for an appeal, but has made the Constitution the center point of the argument for appeal. Attorney Berg’s website has yet to respond as of this writing, but I am sure that he is drafting a response and will appear within the next few hours.

Reality is, even though this is going to appear to many as the end of this case, I am of the opinion that it is only the beginning. Perhaps it is a beginning that the Obama legal team is not going to like. Ultimately, it could and rightfully should, force their hand in actually producing Sen. Obama’s real birth certificate. All of this could have gone away simply by taking it to Court, presenting it before Judge Surrick and a dismissal would have occurred.

That, in and of itself raises the red flag of questions to anyone who has a remote idea of what this case is about. Other state’s Courts have suits also pending and I am of the opinion that rulings there will occur swiftly as well. In the event they use the same identical argument that citizens do not have standing to question Constitutional requirements for office holders, then we as a nation are truly heading toward a national crisis with the rights of each and every American being taken from us. We can only hope that a Supreme Court hearing reverses totally this type of trampling on our rights as citizens from being allowed by the lower Courts.

Berg’s Federal lawsuit in Pennsylvania is gathering legs that may very well test the Constitution of this nation. Obama only had to produce a valid, documented birth certificate for this lawsuit to go away. He hasn’t.

Recently, here in Florida and Jacksonville in particular, we had an elected City council member removed from office because of residency issues in his District. These types of legal challenges are not uncommon and the facts bear out the case when brought before a Judge. Either you live where you claim and meet the citizenship tests as mandated by law or you either don’t run, or have your election overturned and handed to the opponent. These types of cases really don’t demand the greatest legal minds in the country to determine the final verdict- either you are or you aren’t who and what you claim you are, live where you claim you live, or are a citizen of where you are elected from.

In the Phillip Berg lawsuit, attorney Berg filed initially charges claiming that Sen. Obama was not a citizen of the United States and stated plainly his charges. According to the Federal Rules for Civil Procedure, a Defendant must answer those charges either affirmatively or negatively within a 30 day time frame or have a summary judgement issued for the Plaintiff. On Berg’s website, Obamacrimes.com, he has filed Motion for Summary Judgement and a ruling is expected soon, perhaps as early as next week. Berg’s response is as follows:

Now Berg cites Rule 36 of the Federal Rules of Civil Procedure, which states that unless the accused party provides written answer or objection to charges within 30 days, the accused legally admits the matter.

Since Obama has only filed motions to dismiss and has not actually answered the charges in the lawsuit, Berg claims, according to Rule 36, Obama has legally admitted he is not a natural-born citizen.

So let’s look at the possibilities in this case regarding a Judges ruling. First, Berg may get his Summary Judgement which will place this case squarely in the hands of the Supreme Court on appeal from the Obama legal camp. Berg may be denied Summary Judgement and that too, will result in appeal to the Supreme Court as well. If either of these event occur prior to November 4th, then an emergency hearing will no doubt occur and a Supreme Court ruling will determine the fate of Sen. Obama and his hopes for election. If a Summary Judgement occurs (or is denied) after the election, then all manner of issues arise. Once again, the Supreme Court is most likely to be heard from and a real test of this nations Constitution is at hand.

Ultimately, this case is heading to the Supreme Court no matter what ruling the Judge at the Federal District court determines. The Court will be faced with another issue and that is whether or not to hear it. I suspect that they will accept it as it directly relates to Article 2 of the Constitution. The timing of any Supreme Court ruling is going to have profound effects on this election should a hearing or ruling occur. The Twenty Fifth Amendment would prevail in the event a President is actually sworn in, but there are no provisions for what to do PRIOR to an actual “oath of office” being taken by someone. I can only imagine that more legal challenges to this election are going to follow and the Supreme Court is going to be tested in a manner that has never happened in the annuls of history.

The question that has not been answered is simply why doesn’t Sen. Obama march into court, hand over his Birth Certificate with all the required documentation to the Court’s satisfaction and be done with this? I can only think of one answer and that is he has something else to hide. There are more and more skeletons in Sen. Obama’s closet that we have yet to have revealed and one should wonder if this man is meeting even the minimal qualifications to be President. The voters of this nation not only deserve these questions answered, but for the Courts to not fully settle this matter once and for all is nothing less than criminal and prosecution for malfeasance should occur and allow the American people (a jury) to determine their fate.

Dr. Martin Luther King’s profound words that the defining issue of a man should be the content of his character are never more true than today. Any man who is innocent of any charge will defend his character with proof of no misdeeds and without hesitation. Those who wish to hide or conceal will use every legal maneuver to continue to prevent full and accurate disclosure of their real self. We see it everyday in legal cases, yet ultimately the truth is more often than not, revealed openly and judgement made properly by the courts.

I can honestly say that our Constitution is heading for a real challenge no matter which way this case turns. Phillip Berg is not going to lay down quietly if this case turns against him. Neither is Obama’s legal team. However the fact is, Obama may not want it to reach the Supreme Court should there not be proper documents to support his claim of being a citizen of the United States as required in the Constitution to be elected President. Should documents be brought to a lower Court and ruled a forgery or not meeting the test, then again, much is going to be done to keep the Supreme Court from taking this case. It is going to be an interesting case no matter the outcome and will test this nations founding documents to their very core.