Obama’s Birth Certificate- Constitutional Waters Being Tested?
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.
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Tags: 2008 election, Berg lawsuit, obama citizenship, obama citizenship lawsuit
The judge threw the case out yesterday
I saw a Philly Inquirier article to that effect yesterday, but there is also this floating around:
http://docs.justia.com/cases/federal/district-courts/pennsylvania/paedce/2:2008cv04083/281573/27/
It used to be simple to say that if you read it in the paper, that it was more likely the official story, but those days are over…lets keep watching this
Note to Hank48188:
If the judge threw it out yesterday. How come there is no sign of it anywhere mentioned? I came across this article in several locations. NONE make a reference to the case being thrown out as a post script, etc.
Apparently, Judge Surrick has ruled from late releases I have since discovered. However, the ruling will only serve to bring appeals from Berg. Expect more to follow later today.
Nor is there a mention to his birth certificate sitting at factcheck.org for 6 months
Sadly, your "light bulb" hasn't gone off in your brain as of yet. Unless I am mistaken, ANYONE can submit ANYTHING to "Fact Check" and get it approved as being authentic.
It's not up to Fact Check to tell us what is real or not, but in this case, up to the Courts to determine. That is what hasn't happened. It is also, in my opinion, the RIGHT of the people to question someone's eligibility for for office and for the courts to determine if indeed, someone IS eligible. Otherwise, there would be no mention of that in our Constitution.
But, Liberals wish to see that very document destroyed anyway, so why should I expect anything different from your comment(s).