Saturday, October 25, 2008

Berg v Obama: Judge Dismisses Case

Judge R. Barclay Surrick dismissed Berg v Obama on Friday evening on the grounds that Philip J Berg, Philadelphia attorney and former Deputy Attorney General for the Commonwealth of Pennsylvania, lacks standing.

To have "standing" the plaintiff must show "(1) a particularized injury-in-fact, (2) evidence showing that that the party being sued actually caused the plaintiff’s particularized injury-in-fact, and (3) that adjudication of the matter would actually provide redress." [1] In regards to injury the judge writes, "regardless of questions of causation, the grievance remains too generalized to establish the existence of an injury in fact."

Apparently, the judge doesn't feel that citizens of the United States would be injured by having provisions of the U.S. Constitution unenforceable. He writes that Congress must pass laws to give citizens the right to police provision of the Constitution with regards to presidential eligibility:
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.

In response to the ruling Philip J. Berg issued the following statement:
"This is a question of who has standing to stand up for our Constitution," Berg said. "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?"

Berg is expected to appeal the decision to the U.S. Supreme Court. We'll keep you updated.

UPDATE: Berg has filed his appeal to the U.S. Supreme Court. "Philip J. Berg, Esquire, the Attorney who filed suit against Barack H. Obama challenging Senator Obama’s lack of “qualifications” to serve as President of the United States, announced today that he is immediately appealing the dismissal of his case to the United States Supreme Court. The case is Berg v. Obama, No. 08-cv-04083."

4 comments:

Ted said...

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!!!

James said...

The judge needs to be reminded of the 9th amendment:

The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

There is no doubt that allowing a president to hold office who does not qualify for eligibility as required by the constitution renders the constitution worthless. I'm not saying Obama does not qualify, but that citizens have the right to sue to ensure he does.

Anonymous said...

I like Berg’s response:

"This is a question of who has standing to stand up for our Constitution," Berg said. "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?"

Who indeed?

He is going to appeal to SCOTUS. It will be interesting to see how they react. I think the failure to hear the case or worse, upholding the lower court ruling, is going to set the worst president imaginable.

If ‘We the people’ lack standing to use our system of courts and laws to enforce provisions of the U.S. Constitution than the constitution is nothing but a worthless piece of paper and this government has become illegitimate and is in need of replacing.

Ted said...

And, will some reporter simply ask Barack Obama about this (from bouncingrealitychecks.blogspot.com):

“OBAMA’S REAL BIRTH LOCATION, AND HIS REAL FATHER: FRANK MARSHALL DAVIS
In light of the fact that the judge in the Philip Berg v. Obama and DNC case dismissed this case because of lack of standing on the part of Mr. Berg, ( http://www.americasright.com ), it is unfortunate indeed that citizens (until our Worthless Congress takes their heads out of their a**es and writes some laws protecting us from allowing this type of situation) have no recourse to prevent this situation we are about to enter, and simply must proceed to either a constitutional crisis or total destruction of the country by a marxist communist who is likely foreign born and not even basically qualified to be President. The judge might like to do more, but unless he “legislates from the bench” like liberal judges would (he is a Republican I understand), he has to rule on the basis of law — and I agree with his decision on that basis. As unfortunate as it is, the judge is likely correct in his ruling.

Here’s my take on the Obama citizenship situation. My view is a combination of both the Andy Martin theories and the Philip Berg theories. (See links in previous posts shown below.) It takes both into consideration and doesn’t ignore any of the possible scenarios. My theory:

Obama is a dead ringer for Frank Marshall Davis. Frank Marshall Davis is his father, and the “Anne” in Frank Marshall Davis’ sex/porn book IS Ann, Obama’s mother. There was an agreement between Frank Marshall Davis (as Andy Martin states) and Barack Obama, Sr. for Obama, Sr. to pose as Barack’s father. As the birth approached, Obama, Sr. wanted to move back to Kenya, and Ann agreed to go with him. She intended to come back to Hawaii before Barack’s birth and give birth to him in Hawaii. Unknowingly, she waited to long, and was too close to giving birth that the airline would not let her board a flight back to the U.S. She had no choice but to give birth to Barack in Kenya. She did, and within days after the birth flew back to Hawaii to get birth documentation. However, she was not able to get a full-fledged birth certificate since he was not born in Hawaii and only could obtain the Live Birth documentation. Additionally, Barack was not qualified to be a “natural-born citizen” as she was not yet 19 (the law at the time for children born to parents while overseas). Barack’s paternal grandmother claimed she was present for his birth in Kenya, and this is likely the case. The fraud was perpetuated until present, and she likely still does not know that Obama is not her blood grandson.

Obama, Sr. never really had a connection with Barack, Jr. as he was not his blood son, and didn’t really try to maintain any consistent relationship with him. However, the facade was continued by Ann and her parents. In Hawaii Barack became close to Frank Marshall Davis but Barack did not know until much later that Frank was Barack’s father. One reason why Barack may not want the public to know that Frank Marshall Davis was his father is likely because of Frank’s Communist admissions, and membership in the Communist Party USA (even though his stated father, Barack Obama, Sr., was also a marxist communist, but was not as related to the United States politically).

Another reason Barack may not want you to know that Frank Marshall Davis was his father is because of Davis’s graphic and infamous sex/porn book “Sex Rebel: Black (Memoirs of a Gash Gourmet),” (written under pseudonym “Bob Greene”); Greenleaf Publishing Company (Evanston, IL), 1968. This would not reflect well on Barack, especially in light of the fact that Frank Marshall Davis had homosexual proclivities, and Barack has been connected to the scandal that involved deaths of 3 homosexual men in Rev. Wright’s Trinity church near the end of 2007, even though the news media has tried to cover up any link to Barack Obama in this situation. See http://www.americanfreepress.net/html/members_of_obama_s_church_kill."