I'm disappointed in the Supreme Court

[fredjacksonsan]

The Supreme Court of the US is supposed to be the ultimate interpreter of the law of the land, and many final decisions and rulings are made there. All good.

They also have the right to refuse to hear a case, which is reasonable, for there are some cases in which a precedent has been set, and others that should be settled at some other level. Also good.

So why this post?

Obama won the election and is president elect. (for ease of handling, I'll exclude discussion about how our election system needs to be updated and the electoral college done away with, etc). No problem there.

Now a New Jersey attorney is challenging Obama's right to be elected president.

The US Constitution states that to become president, an individual must be a "natural born" citizen of the US.[1] This sort of challenge was to be expected, as there were rumblings about it during the election. [2] Apparently the case states a challenge that "natural born" requires that both parents be citizens. (Obama's mother was a citizen at the time of his birth, his father was not. There are still folks out there who say he was born outside the US, though he has provided documentation he was born in Hawaii [3]) Previously, born in the US was the generally accepted definition, and this question has never before applied to any candidate.

Fine. He can file the suit to challenge, it's his right. Basically he's stating that he'd like to have some 200+ year old wording interpreted by the Supreme Court. Pretty important stuff, IMO, to define that term so there's no question.

In a news story this morning[4], I hear that the Supreme Court will likely choose not to hear this case. Why? The reason given in the story is that the American people have already spoken, and chosen Obama therefore he is qualified. No offense to anyone here, but I don't think the American people are qualified to make that assessment, nor do the vast majority have the tools or legal background to make a qualified decision.

The disappointment in this isn't that the court is choosing to not hear the case, but rather their reason. According to their logic, Osama bin Laden, if he'd been elected president, would be qualified and legal, since the American people had decided he was.

All the Supreme Court would have to do, is what I just did: read some US law, which is their job. The 14th Amendment and Section 1401 of US Code from the following source indicates that Obama is ok to run for and become president.

I quote:

Currently, Title 8 of the U.S. Code fills in those gaps. Section 1401 defines the following as people who are "citizens of the United States at birth:"
.
.
.
Any one born outside the United States, if one parent is an alien and as long as the other parent is a citizen of the U.S. who lived in the U.S. for at least five years (with military and diplomatic service included in this time)

[5]

IMO it's easy to see that as long as his mother lived in the US for at least 5 years, it didn't really matter where he was born.

Why this attorney didn't do his homework and is wasting the Supreme Court's time is also beyond me.

Why the dang Supreme Court can't do their job and a simple, quick, interpretation like that is completely unfathomable to me; these are the final arbitors of the law, and should have a better reason than that.





[1] Excerpt, US Constitution; thanks to Cornell
[2] Link
[3] Link
[4] Link to "Today Show" Obama video
[5] Link

[03cavPA]

It would appear that even the Supremes aren't interested in putting the work into doing the right thing. Very few public employees are these days. Rubber stamping something because "the people have spoken" is a damn sorry excuse, IMO.

I agree; just rule on the law and do your jobs. The american public is so messed up they'll mob rush and kill a human being just to get widget bargains at Wally World. They sure aren't qualified to rule on matters of constitutional law, no matter how cut and dried it may seem.

[BNaylor]

This is not the only lawsuit at the U.S. Supreme Court over this issue. Also, there is the Berg v. Obama/Judge Surrick suit which may be heard on December 10. Until the Justices rule why condemn or be disappointed in them or even speculate. You would hope they would follow the law. Whether over 60 million voters voted for Obama is irrelevant. The problem with these lawsuits brought by the attorneys and others is they have "lack of standing" to bring the suit in the first place, therefore, these suits are typically dismissed for lack of jurisdiction. The lower federal appellate courts ruled a voter has no legal right to challenge a candidate running for POTUS which explains why these cases are at the U.S. Supreme Court.

There is another another lawsuit at the California Supreme Court challenging Obama requesting that he not receive any of California's 55 electoral votes. This one was filed by Alan Keyes who was a candidate for POTUS so the lack of standing issue would not apply and they could go into the merits of the lawsuit, if any.

[03cavPA]

Fred, do you have a link to that story where it says that was the reason given for not hearing the case? (edit: never mind, I see it at the bottom of your post. They say reading is FUNdamental).

OK, the video has an attorney ("an expert on the court") , "who thinks that the justices won't touch the case". He says, "They believe the question has been decided by the voters. Obama is fully qualified to be the president."

So, it remains to be seen what they actually have to say about hearing the case.

http://www.washingtontimes.com/news/...izenship-suit/

If they actually said something like that, it would be a pretty scary mindset for a Supreme to hold. We don't have to imagine where mob rule will take this country.

[ericn1300]

Originally Posted by fredjacksonsan

The US Constitution states that to become president, an individual must be a "natural born" citizen of the US.

I beg to differ. No where in The Constitution of The United states is the term "natural born" used.

You can read the 14th amendment yourself here: http://www.usconstitution.net/const.html#Am14 or the entire document here: http://www.usconstitution.net/const.html

The 14th amendment does say “1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.”

Title 8 of the U.S. Code further defines citizenship:

“Section 1401 defines the following as people who are "citizens of the United States at birth:"

“Anyone born inside the United States”
http://www.usconstitution.net/consttop_citi.html

It's a non issue for The Supreme Court since the complaint that Obama is not “natural born” has no basis in constitutional law.

[whttrshpunk]

Originally Posted by ericn1300

I beg to differ. No where in The Constitution of The United states is the term "natural born" used.

Originally Posted by The Constitution

Article. II. - The Executive Branch

Section 1 - The President

No person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President; neither shall any Person be eligible to that Office who shall not have attained to the Age of thirty-five Years, and been fourteen Years a Resident within the United States.

Try again.

[Steel]

OH what is this silly bullshit. I'm not a fan of the man either, but get serious people. If they decide that 'natural born' means that both parents have to be citizens, then that overturns amnesty for millions of people born here.. anchor babies an the like. That will never happen. These people bringing up these lawsuits are fucking dolts and the more I see this crap, the less proud I become of being American (and I wasn't even 'natural born', I was naturalized at age 10!)

[03cavPA]

Originally Posted by Steel

These people bringing up these lawsuits are fucking dolts and the more I see this crap, the less proud I become of being American (and I wasn't even 'natural born', I was naturalized at age 10!)

You're just pissed off because you can't be the prez.

Seriously, we should be concerned about other allegiances our president has while he's in the office of the most powerful man in the world. Now, it's no guarantee that a natural born citizen wouldn't be a turncoat, but the prevailing thought at the time was that a natural citizen might be more likely to be loyal. That 's what the founding fathers were talking about.

I don't have a problem with those lawsuits; it's up to the Supremes to decide upon the rule of law when it comes before them. I'm glad we can still make challenges like this under the law. Isn't that what this country and the Constitution is all about? (well, it used to be, anyway). Don't you think it 's important to adhere to the Constitution?

Personally, I still don't see why the man can't just go to court, produce the document, and put it to bed.

Maybe he doesn't really have it?

[fredjacksonsan]

All good commentary.

I agree with most, that this first of all is silly, and second that it can and should be done with quickly.

The fact that there are other lawsuits similar to this one indicates that people think that something is questionable in Obama's birth status....>shrugs shoulders<

IMO the Supremes (love that term, 03Cav) should lump all the challenges together, and rule once to save time, effort, and taxpayer money.

[Maximus84]

http://www.wnd.com/index.php?fa=PAGE.view&pageId=83114

Obama's own Cabinet member: He's 'an immigrant'


Posted: December 09, 2008
1:00 am Eastern

© 2008

Don't believe Barack Obama's grandmother? Don't believe the ambassador to Kenya? How about Barack Obama's own Cabinet member?

That's right – former presidential candidate and Obama's choice for secretary of commerce, Gov. Bill Richardson, slipped up. In an effort to reach out to the Hispanic community, he admitted what Barack Obama
has been trying to hide all these months: "Barack Obama is an immigrant ." See it for yourself: http://www.youtube.com/watch?v=s5OUdj_YIpo&eurl=http://www.wnd.com/index.php?fa=PAGE.view&pageId=83114

{Note: go to the URL above to see Richardson speaking to the Hispanic community; telling them that “Obama is an immigrant, too.”}

You don't need a translator to understand what Richardson admitted: Barack Obama is NOT a natural born citizen. That means we have a guy who's planning to take over the White House who is in direct violation of the Constitution. And his own Cabinet member says so. That's pretty big news, one would think. But the media has refused to cover it with anything more than a blurb laced with a "this is ridiculous" tone. It is ridiculous – ridiculous that the Constitution means so little that we can't even ensure that it's being followed. It's ridiculous that the story of the century is being ignored by those whose job it is to report it.

But now there's something even more ridiculous: Not only will Fox not report the news regarding Obama's citizenship , now we can't even buy an ad on Fox to allow others to hear about the constitutional crisis we're facing.

Where's the proof Barack Obama was born in the U.S. or that he fulfills the "natural-born American" clause in the Constitution? If you still want to see it, sign WND's petition demanding the release of his birth certificate. http://www.wnd.com/index.php?fa=PAGE.view&pageId=81550

CNN is still considering it. Here's the ad text and, as they requested, the information to back up each line:
Heard the rumors about Barack Obama's citizenship?

These are the facts:

The Constitution requires the president to be a natural born citizen.

Text of Article II, Section 1.

Obama's grandmother said she was there when Barack was born in Kenya.

Two tapes of Obama's paternal grandmother:

1. "Native of this village" in Kenya - http://www.metacafe.com/watch/1906870/barack_obama_born_in_kenya_ii/

2. Phone conversation about visiting birthplace - http://www.youtube.com/watch?v=JlFc4wCpvSo

Affidavit of Rev. Kweli Shuhubia - http://caosblog.com/9322

http://www.worldnetdaily.com/index.php?fa=PAGE.view&pageId=78931

Obama refuses to release his original birth certificate.-

Obama's birth certificate sealed ... – Article by Dr. Jerome Corsi, Oct. 26 http://www.wnd.com/index.php?fa=PAGE.view&pageId=79174

Instead of a birth certificate, Obama's campaign posted a certification given to those born abroad.

The alleged "Certification of Live Birth" - http://i305.photobucket.com/albums/nn227/Polarik/BO_Birth_Certificate.jpg

A document on Hawaii's official website stating "Certificate of Live Birth" is better than the "Certification" for native Hawaiians to obtain certain benefits - http://hawaii.gov/dhhl/applicants/Loaa%20Ka%20Aina%20Hoopulapula.pdf/

http://www.newswithviews.com/Devvy/kidd409.htm

Experts have called even that document an "obvious forgery."

Detailed Report by "Dr. Ron Polarik"

http://www.youtube.com/watch?v=fDIVEfVGLBQ

http://web.israelinsider.com/Articles/Politics/12956.htm

http://www.youtube.com/watch?v=MZwON6dKHks&feature=channel

Obama attended school in Indonesia as Barry Soetoro, when only Indonesian citizens were permitted to attend.

Obama's school records list his father as Lolo Soetoro and Obama's citizenship as Indonesian.

For both of the above statements:

http://www.youtube.com/watch?v=gA6_k3NtXZs&feature=channel

http://www.wnd.com/index.php?fa=PAGE.view&pageId=72656

Obama traveled to Pakistan in 1981 when it was illegal to enter as a U.S. citizen.

http://sweetness-light.com/archive/obama-says-he-visited-pakistan-in-1981

http://www.pak-times.com/2008/07/10/obamas-larkana-cnnection/

http://www.wnd.com/index.php?fa=PAGE.view&pageId=72656

Sixteen lawsuits in 12 states and two cases before the Supreme Court now challenge Obama's citizenship.

Tulsa Today article listing many of the individuals and organizations who are challenging Obama's eligibility - http://www.tulsatoday.com/newsdesk/index.php?option=com_content&task=view&id=1799&Ite mid=2

Fact: Our Constitution still matters. www.obamaforgery.com

Help us get this ad on television: Go to www.f2a.org and every dollar of your donation will go to airtime from now until Dec. 15 (when the Electoral College voters cast their ballots).

Then let Fox know what you think about the censorship of this ad: 212-301-3000. You can also call CNN and encourage them to take the ad and cover the critical citizenship story: 404-827-1500.

You can see the television ad and two more full-page ads that are running this week in the weekly edition of the Washington Times and Human Events at: www.ObamaForgery.com.

Yes, the Supreme Court said no to the New Jersey citizenship case. But they still have the Pennsylvania and Connecticut cases before them. And there are more than a dozen others that are making their way up to the Supreme Court. I, for one, will not stop asking the critical questions until we have the answers the Constitution demands.

And with all those legal challenges, Grandma, the Kenyan ambassador and now Obama's own Cabinet member all saying that Obama is not qualified to serve as president, rest assured, this issue is not going to go away time soon.

Where's the proof Barack Obama was born in the U.S. or that he fulfills the "natural-born American" clause in the Constitution? If you still want to see it, sign WND's petition demanding the release of his birth certificate.- http://www.wnd.com/index.php?fa=PAGE.view&pageId=81550

[MagicRat]

<yawn>
This is really a non-issue. The constitutional restriction on immigrants is an obsolete clause and in this case does the nation a disservice. This clause is imho being used by those who are blinded by partisan loyalty beyond reason.

Plenty of native-born American have done treasonous acts over the years while plenty of immigrants have served the US with great distinction, including fighting and dying in the American armed services.
Therefore, the location of one's birth has nothing to do with any individuals merits as a citizen or one's capacity to be a good president.

As I recall, John McCain was born in the Panama Canal Zone. Should he have been excluded from running for office too?

[VR43000GT]

If McCain was legitamately not a US citizen no. And while serving in the army is certainly a noble thing to do, it does not have quite the responsibility as the president does. It is kind of rediculous that nobody cares to do a thing about this. Hopefully Barack will not finish his term.

[BNaylor]

Oh no, not again. This issue is getting beat to death too much in this forum. We have enough ongoing threads on this same issue about Obama and it doesn't make any sense to run separate threads or have multiple discussions on what amounts to the same issue. Therefore, maximus84's thread has been merged with the one by fredjacksonsan which was posted earlier.

[thegladhatter]

Disappointed in the Supreme Court?!?!

Just wait until BHO gets done appointing Marxist activists to the court.