SUNDAY, OCTOBER 26, 2008 1:18:00 AM |
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Obama citizenship question goes to U.S. Supreme Court
 | | Barack Obama (D) |
WASHINGTON (Legal Newsline)-The former deputy Pennsylvania attorney general who challenged Democratic presidential nominee Barack Obama's qualifications to be president has appealed to the U.S. Supreme Court. Lafayette Hill, Pa.-based attorney Philip Berg, a self-described "moderate to liberal" Democrat who supported Hillary Clinton's presidential campaign, alleged that the Illinois senator is not a U.S. citizen and therefore ineligible for the presidency. He had his lawsuit rejected Friday by U.S. District Judge Richard Barclay Surrick of the Eastern District of Pennsylvania. Disputing Obama's Hawaiian birth, Berg claimed Obama is either a citizen of his father's native Kenya or that he became a citizen of Indonesia after he moved there as a young child. For his part, Obama has posted on his Web site a Certificate of Live Birth indicating he was born in Honolulu in 1961. In his ruling, Surrick said Berg lacked standing to bring the lawsuit. The judge also said that the harm from an allegedly ineligible candidate was "too vague and its effects too attenuated to confer standing on any and all voters." In a statement, Berg said he was within his rights to file suit challenging Obama's qualifications. "I am totally disappointed by Judge Surrick's decision and, for all citizens of the United States, I am immediately appealing to the U.S. Supreme Court," he said. From Legal Newsline: Reach reporter Chris Rizo at chrisrizo@legalnewsline.com.
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NATURAL-BORN
Another interesting point there are many types of birth certificates and the fact that his has no discernable official seal or signature says quite a lot. Would not be counted as official if you needed to use it to trace your lineage. It kind of scares me if you look into acorn and the numbers that they have recruited. Another Ayers legacy oh yes and Obamas. Setting the stage for modern day American terrorists. Definite election fraud.
- Never (12/27/2008 11:30:21 PM)
NATURAL-BORN
Comment says: "The definition of "natural born citizens" as understood by the founding fathers.."
The founding fathers were French?
We have anti-immigrant activists today that might have written as MONSIEUR DE VATTEL wrote in the 18th century, but they do not represent the prevailing view.
We have, however, the precedent of President Chester A. Arthur, who like Obama, was born in the United States of a US citizen mother and a British father. That should end the matter.
- Kevin (12/15/2008 12:25:35 AM)
CASE CLOSED
The First Congress, on March 26, 1790, approved an act that declared, “The children of citizens of the United States that may be born beyond sea, or outside the limits of the United States, shall be considered as natural-born citizens of the United States.” That would seem to include McCain, whose parents were both citizens and whose father was a Navy officer stationed at the U.S. naval base in Panama at the time of John’s birth in 1936.
His father was a Navy officer stationed at the U.S. naval base in Panama at the time of John’s birth in 1936.
CASE CLOSED
- Tom Clark (12/14/2008 1:37:42 PM)
THE MEANING OF "NATURAL BORN CITIZEN" TO THE FOUND
The definition of "natural born citizens" as understood by the founding fathers
THE
LAW OF NATIONS
OR
PRINCIPLES OF THE LAW OF NATURE APPLIED TO THE CONDUCT AND AFFAIRS OF
NATIONS AND SOVEREIGNS
FROM THE FRENCH OF
MONSIEUR DE VATTEL.
1758
CHAP. XIX.
OF OUR NATIVE COUNTRY, AND SEVERAL THINGS THAT RELATE TO IT.
§ 212. Citizens and natives.
The citizens are the members of the civil society; bound to this society by certain duties, and subject to its authority, they equally participate in its advantages. The natives, or natural-born citizens, are those born in the country, of parents who are citizens. As the society cannot exist and perpetuate itself otherwise than by the children of the citizens, those children naturally follow the condition of their fathers, and succeed to all their rights. The society is supposed to desire this, in consequence of what it owes to its own preservation; and it is presumed, as matter of course, that each citizen, on entering into society, reserves to his children the right of becoming members of it. The country of the fathers is therefore that of the children; and these become true citizens merely by their tacit consent. We shall soon see whether, on their coming to the years of discretion, they may renounce their right, and what they owe to the society in which they were born. I say, that, in order to be of the country, it is necessary that a person be born of a father who is a citizen; for, if he is born there of a foreigner, it will be only the place of his birth, and not his country.
§ 215. Children of citizens born in a foreign country.
It is asked whether the children born of citizens in a foreign country are citizens? The laws have decided this question in several countries, and their regulations must be followed.(59) By the law of nature alone, children follow the condition of their fathers, and enter into all their rights (§ 212); the place of birth produces no change in this particular, and cannot, of itself, furnish any reason for taking from a child what nature has given him; I say "of itself," for, civil or political laws may, for particular reasons, ordain otherwise. But I suppose that the father has not entirely quitted his country in order to settle elsewhere. If he has fixed his abode in a foreign country, he is become a member of another society, at least as a perpetual inhabitant; and his children will be members of it also.
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§ 212. Citizens and natives.
"The natives, or natural-born citizens, are those born in the country, of parents who are citizens."
Parents, not parent. Both parents must be citizens in order to convey natural born status.
"I say, that, in order to be of the country, it is necessary that a person be born of a father who is a citizen; for, if he is born there of a foreigner, it will be only the place of his birth, and not his country."
A person who is born of a father who is a foreigner that person is a native of the father's country.
§ 215. Children of citizens born in a foreign country.
"By the law of nature alone, children follow the condition of their fathers, and enter into all their rights (§ 212); the place of birth produces no change in this particular, and cannot, of itself, furnish any reason for taking from a child what nature has given him;
Obama's father was a Kenyan. The child follows the condition of their father's - Obama is a citizen of Kenya by virtue of his father being Kenyan.
CLICK ON NAME FOR SOURCE OF THE LAW OF NATIONS.
McCain is natural born due to being born of military parents but who cares.
http://www.constitution.org/vattel/vattel_01.htm
There is a precedent for this case in the 2000 case of Elian Gonzales - the father's citizenship is conveyed upon the child.
- fritz (12/11/2008 12:49:42 AM)
OBAMA
Obama is only a little more than 6% black,check his lineage,we still do not have a black president.
- Lee (12/10/2008 11:12:06 PM)
HAROLD L. TURNER POST
Harold,
soon you will accept the fact that you voted for a fraud. its ok, it has happened before. except the facts instead of trying to justify it. Shame of you Barrack Obama for lying to the american people. if the glove doesnt fit you must acquit! if the birth certificate is fake, step down for heavens sake!! the truth will prevail and then all hell will break loose.Better fess up now then wait for it to come out in the middle of your presidency, you think the market is bad now, wait for that headline.
- Jim Johnson (12/8/2008 5:00:11 PM)
BIRTH
I was born in Germany, my father was in the U.S. Army and my mother was a German citizen, I hold U.S. and German citizenship based on my fathers citizenship. If Obama's father was a Kenyan citizen or British Citizen and Obama was born overseas he holds he holds his fathers countries citizenship, or dual if his mother was a U.S. citizen, you can't be president if you hold dual citizenship from another country.
- jason Hodge (12/8/2008 11:06:40 AM)
OBAMA'S BRITH RECORD.
First: Notice the person bringing the charge is NOT a Republican, he is a Democrat.
Second: The spin-off consequences could be that since Obama was not qualified to run, Hillary would get the Deomcratic nomination.
Third: There would have to be another general election between Hillary and McCain.
Fourth: Bush would have to stay on, as President, until after the election and the swearing in of the new President! Then we could move on.
This is definetly going to be historical election, whatever the outcome!
- William Lee (12/8/2008 10:14:00 AM)
WOW
Race, an issue?????????? Yeah, it was. Insofar as I can see, most blacks voted for him because he is black. He comes promising change, and yet....what change?
I read al of the statements above and I find myself thoroughly amazed at the ignorance of alot of these posts.
This is America, and free speech (well, that is now in jeopardy) is encouraged, and yet we blast each other on blog sites.
I did not vote for NOBAMA, and I did not vote for MCCRAIN, I voted for me.
Simply put, both those boneheads are elitist, despite what either one may say to you.
Bottom line is this. At the heart of this matter is the question of whether or not he is a US CITIZEN. You can not be a dual citizen at the time of birth, because, when you choose US, as opposed to say British, or Kenyan, or whatever, you are TECHNICALLY AND LEGALLY A NATURALIZED CITIZEN AND NOT A NATURAL BORN CITIZEN. CONSTITUTIONALLY SPEAKING, NOBAMA SHOULD STEP UP AND ANSWER THE CLAIMS, AND SETTLE THIS.
ALL OF YOU SHOULD READ THE CONSTITUTION....WE THE PEOPLE. NOT WE THE POLITICIANS. NOT WE THE PRESIDENTS.
WE HAVE OURSELVES TO BLAME FOR THIS MESS, BOTH DEMS, AND REPUBS. WE ALLOWED THIS TO GO ON, BY BEING UNINVOLVED. CHECK YOUR FACTS.
- M. GAROFLAO (12/7/2008 10:45:42 PM)
OBAMA'S CITIZENSHIP CHALLENGE
It is apparent to me that Philip Berg is a discredit to the Berg name when we consider Moe Berg a brilliant counter spy for the U.S. during world war II. As a Lawyer I canot believe that Philip Berg did not know the extent of his harrassing law suit. I guess he needed his 15 minutes of fame at the expense of someone he did not like. Philip Berg should be made to pay for all of the cost of court litigation because of the frivilous nature of his suit.
- Harold L. Turner (12/7/2008 9:13:09 AM)
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