| Berg v. Obama v. Reality |
| Monday, 24 November 2008 08:00 |
|
Hillary Clinton partisan Philip Berg might be a good lawyer, but he is no student of the U.S. Constitution. His effort to derail the pending presidency of Barack Obama with his personal lawsuit is a dead end. Mr. Berg has no standing to challenge the citizenship of Barack Obama because electors in the electoral college choose our country's presidents - not general election voters. In fact, there is no constitutional requirement that any popular vote be held to influence the selection of our nation's president. These simple Constitutional facts seems to be lost on Mr. Berg and those who think he is somehow doing a service to the nation with his legal maneuvers. His claims against the eligibility of Barack Obama to serve as President of the United States, were justifiably thrown out of a lower court in Pennsylvania. If justice prevails, his subsequent writ of certiorari submitted to the US Supreme Court will also be dismissed. We say if justice prevails, because it is of course not out of the question that our Supreme Court could find some novel way to interpret the Constitution in order to take up Mr. Berg's cause. Sticking with the facts, here are the three legal ways that a presidential hopeful can be disqualified from gaining office:
So, if you care about this issue, don't waste your time on a sore loser whose major motivation is that Hillary Clinton should be president. Electors of the Electoral College meet in the 50 states and the District of Columbia on December 15th. These are the people you should be trying to influence. As a backup to relying on the electors to resolve Obama's "natural-born" citizenship issue, you should be working to line up a Senator and U.S. House member (preferably ones who represent you in your own state) who would be willing to challenge the qualifications of Senator Obama during the counting of electoral votes in the Senate on January 8th. Once a challenge is filled in writing during the counting process (per U.S. Code Title 3, Chapter 1, Section 15), the challenge must be resolved prior to the counting process being allowed to continue. Lastly, before you take up the fight to resolve whether Senator Obama meets the "natural-born citizen" clause, ask yourself whether you have standing to do this without being called a hypocrite. Determining your standing is simple. How hard have you fought to uphold the "power to declare war" clause of the Constitution? If you have been silent while President Bush has violated the constitution to launch undeclared wars in Afghanistan and Iraq, you should consider the wisdom of trying to pick and choose which clauses of the Constitution you would like enforced. Important Sidebar: Please visit the National Archives and Records Administration (NARA) for detailed information on the Electoral College process. They are supposed to be posting list of names for qualified electors for all the states as they receive them. However, they will accept list of names from the states as late as December 16th, the day after the electors cast their ballots. There is no penalty for states who fail to meet this request. NARA also provide a list of states that do not bind their electors to follow the results of the general election. Interestingly enough, the current question of the week on the NARA website is, "Who verifies if a candidate is qualified to run as president?" Translation of Answer: Not our job. Check with your Secretary of State or Board of Elections Office who we already know don't check qualifications. Unlike many others at least, NARA does not try to pass the buck to the Federal Elections Commission (FEC). (The FEC was set up in 1975 only to monitor the financing of federal elections.) As we are trying to emphasize here, NARA does note that electoral votes can be contested during the counting process in January and that you should contact your representatives in Congress if you have questions on this matter. In a related issue, for no readily apparent reason, while Congress was smack in the middle of the ferocious pitched battle over the FED bailout bill being pushed by Secretary of the Treasury Hank Paulson, our elected representatives found the time to pass House Joint Resolution 100. This resolution was offered by New York Congressman Michael Arcuri, who back in March just missed getting tangled up in Elliott Spitzer's Hookergate scandal. The resolution was passed without debate and by unanimous consent in both the House and Senate. It postpones the counting of electoral ballots in the Senate this January by two days. (Per the US Code, the electoral ballots are to be counted on the opening day of the new Congressional session.) Who says you can't change US law with a simple Congressional resolution? Thanks to a guy who had a 20 something women on his congressional staff doing "campaign consulting" for $4000/month, the new Congress will begin its session on Tuesday, Janauary 6th, but the counting of Electoral College ballots will not occur until Thursday, January 8th. Closing thoughts: If you're begining to suspect that this whole chosing of the president process is rigged, you are correct. Between now and 2012, please work on forgeting about presidential election politics. This is a 100% diversion from what you as a citizen should be focused on. As The John Birch Society has been saying for most of fifty years now, "Congress is the Key." Please spend your time focused on how to acheive honest representation from the person serving you as a member of the United States House of Representatives. Our system was originally designed for you to have the most effect upon your Congressman and your state legislature. These branches of our federal system are supposed to wield more power than any president. We play right into the hands of usurpers when we allow our attention, and the power that goes with it, to be diverted to the office of the presidency. Do the right thing and join the ranks of The John Birch Society. Educated, concerted action at the grassroots level is what's needed most to protect and restore proper respect for our unalienable rights.
Set as favorite
Bookmark
Email This
Trackback(0)
Comments (32)
![]()
Truth Will Out
A significant problem with Berg was that it was filed in Federal Court. There is another case in front of the Supreme Court with Leo C. Donofrio http://origin.www.supremecourt...08a407.htm
Where is that pesky BC?
Dr Mr. Carpo:
Lawyers, lawyers, lawyers everywhere!
Where were all those lawyers when "W" was taking America to war without a Declaration of War as stipulated in the US Constitution that only congress
The Manchurian Candidate
He also is blocking that fact he recieve financial aid for international students and was given free education...
Twentieth Amendment
This is section 3 of the Twentieth Amendment read it very closely:
The "Electoral college or the "CFR" college
Remember back in the summer when a "Liberal" senator from Arizona was out of money and his campaign was losing gas faster than a skinny cow on it's last patch of alfalfa? Who resurrected his campaign?
Not exactly true Jim.
Jim Capo needs to get up to speed on his # 1 item i.e. having Secretary of States vet the presidential candidates. N.J. already has that law, and, I understand there are numerous other states with the same law.
Just the facts
Lee is right. Don\'t put your trust in lawyers. Let\'s review the basics:
One lawsuit that would be valid
An elector pledged to Barack Obama living in a state that requires by law that he can vote no other way, or be fined for voting another way, would have standing to bring a lawsuit against that state, its Democrat Party or Barack Obama for putting him in the position of having to vote for someone he is not sure of being a qualified candidate. The elector could claim that he is being forced into a position of becoming liable for a lawsuit against himself for failing to faithfully carry out his duties as a member of the Electoral College.
Politics ala Media Selection
Jim, There are those like yourself that appreciate organization and deal in facts. Then at the other extreme are those who operate on what they emotionally perceive as the way they want things organized. Without examining the facts, they allow themselves to be driven by uneducated, or biased media rumor and speculation. Fair media would give us what, where, when and why, then and let us make our own decisions. Perhaps this country needs a Media Liberation Party. Adman to the Stars
A broader view
First of all, I must agree with those who wonder why The Barack doesn't just shut this whole controversy down with an attested vault certificate. The actions of the State of Hawaii raises further questions, but the important one to me, is the one that will be decided before Justice Clarence Thomas on December 5.
Et tu, Fox News?
Yes, where is our major media? Answer: doing their jobs as corporate newslettters. The same corporate state that offered the world Obama, decides what goes in your TV and mailbox as "news." You would think that somewhere out there there should be an approved mainstream journalist willing to commit career suicide and put the question to our pending Dear Leader. But, as there has been no such journalist willing to ask President Bush where his declaration of war from Congress is to keep combat operations going in Iraq or Afghanistan, don't hold your breath for the Obama citizenship question.
Throats plugged? , he says!
Mr. Whedon, you've obviously run out of arguments so you use this forum to vent your anger against an organization that has been out there exposing the Wm Clinton Chinagate scandal, the Oklahoma city coverup, the Foreknowldege that our government had about 9-11. Those are just three examples that prove that the JBS isn't afraid of exposing lies and coverup.
Auto De Fe
"Auto de fe" is an old descriptive word I've dusted off that Obama supporters or critics may use.
Election through Auto de fe
Sorry, my vague point is that we may be forfeiting our legal election process to a free wheeling Auto de fe. Are we giving up the established rule of law regarding an electable candidate and turning it over to the immediate whims of a faceless mob, driven through a biased media? If no one running is held accountable to the current standards and rules, are we not entering into political chaos? The Auto de fe was mob justice without rules, an errant judicial spin off from a traditional legal trial, with a persons success or guilt based solely on their character. I want a candidate to follow the current election rules, or to change them legally before entering an election, not to create a modern day, free wheeling Auto de fe.
I couldn't agree with you more
I accidentally bumped into the JBS just today. I was a person who was not politically aware when the brainwash and smear of this organization was taking place. But I am learning by leaps and bounds now because of the internet. I look forward to gaining valuable information on how to legally defeat this evil neocon antichrist monster. I will add that thru out history they have always been defeated and just like everyone else they don't learn from history. They are going down.
...
The US Supreme Court Conference on Dec 5th (and/or Keyes' case) will determine whether there IS or IS NOT, a Constitution or Bill of Rights. Here comes the 50/50 decision. If this case is decided moot, Let's get on with our own war since there is no law!
Prediction
Dec 1st has come and gone with no SOTUS action
...
The SCOTUS has NOT made a decision, It takes 4 judges on the SCOTUS to approve the writ of cert. I believe this will happen. This is a constitutional issue so it is extremely important. I do not believe the SCOTUS will let this slide. Factcheck is in the tank and what they posted proves NOT A THING!!! neither does fighththesmears. 1961 in Hawaii even foreign born children could get a registration of live birth certificate if registered within the year of birth. Most likely this is the case with Obama. The real vaulted certificate has been fought by the Obama lawyers to remain a secret. The governor of Hawaii has said that he does have a certificate but explains nothing. In the case Berg v Obama Berg clearly states that this is a certificate but does not prove natural birth unless there is signature by attending physician, Hospital record with name of mother, his name, footprint of child and a seal. There still remains questions to why? and what is he trying to hide? I believe with now 17 suits in process they will get a true answer. I hope so and I hope there is nothing to this. We vote again in 2012 and if he proves to not be a good president we vote him out. If he does we reelect him. But no one is above the constitution nor should he be.
naivate
How any one can think Obama proved something by putting it the net or Fact Check is really un informed. Fact Check is Annenberg foundation which Obama funneled millions to for Ayers "alternative "Marxist" schools! The fact is everyone "just assumed" he was eligeable when he simply signed a form saying he was. He, if not a natural born citizen for any reason (especially because there are documents showing as Indonesian Citizen)is resisting showing full record of birth, passports, school records. The suggestion that an electore or two or three should withold is great. One of my daughters acquaintances is an eletor. I will see what we might do. Two of Alan Keys filing partners are electore are they not? I did write Diane Feinstein. Do what you can peple. He has spent almost a million in attorenys to oppose standing and fiek dismissals. Seems like theres a rat in the basment somewhere.
Rancho Cucamoinga Ca.
Sorry for typos. This keyboard is sticky or something! My daughter is coordiantor for San Bdo Cnty National and global day of prayer, goes to city counsel meetings and leads prayer, and is working with pastors and the House of prayer over here. She informs me that athiests are suing the city because a billboard company took down a sign by athiests. It says "What if there were no religeon?" People called and complained. I knpow of a country where they threw God out. They are responsible for the death of 100,000,000 world wide. Obama's mom was a communist. Her father was kicked out of the states. She is the subject in vile pornography writing of Frank Davis her father's Communist friend. He got Obama into drugs. Maybe Obama was traveling in Pakistan as a drug emmissary. Some homosexuals in Chicago said he was the biggest dealer there. The Alqeda is a drug cartel too. We really have no clue who this guy is. He seems likeable but I could not figure why people are willing to risk someone who has so little background.
...
According to a contact who is in touch with Keyes, the government is terrifed, has requested troops back home, and asked the media to keep the lid on for now.
leave the country
People of the U.S. of America.You should know by now what has happened to our government.It has been taken over by some one or some organization that no one knows.The writing is on the wall. First, a black man,comes out of no where with no credentials,and wins the senate election in illinois,and then becomes president of the U.S. of America all within a period of less then 4 years.Second,Certain people have caught up with some of his fraudulent doings and have taken them as far as the SCOTUS and it gets covered up immediately. We have been conned by our own government.My God ,what does it take for you idiots to see this.Leave this country and head for ,canada,mexico,or any place where you can protect your families.We will be fighting for our lives in a short period of time.ITS TIME TO LEAVE OR BAND TOGETHER
...
You got the last bit right, but the rest?
An easier way
Folks, there is a much simpler way. If Obama is trying to become president using a false document, that is a crime. Civil suits don't help in that case -- you just get told that you don't have standing.
GOOOH (go)
You are correct: Congress is the key! Check out www.GOOOH.com. They have a plan to replace all 435 members of the U.S. House of Representatives with true representatives of the people. |
We the People of the United States, in Order to form a more perfect Union ... do ordain and establish this Constitution...."
— Preamble U.S. Constitution
Copyright 2010. The John Birch Society | PO Box 8040, Appleton, Wisconsin 54912 | 920-749-3780 | Standing for Family and Freedom | Terms