Mark: And we know that the 9 justices are aware of these cases and have to be doing a lot of squirming trying to figure out how to be able to dodge this issue.
On Wed, Dec 31, 2008 at 6:21 AM, Ohio mark <[email protected]>wrote: > > A new case challenging Barack Obama's natural-born citizenship and, > therefore, constitutional eligibility to serve as president has the > potential to clear a hurdle that caused several other similar cases' > dismissal: the issue of "standing." > > In the case brought by Pennsylvania Democrat Philip Berg, for example, > a federal judge ruled against the lawsuit in deciding Berg lacked the > "standing" to sue, arguing that the election of Obama wouldn't cause > the plaintiff specific, personal injury. > > In Washington state's Broe v. Reed case, however, plaintiff's attorney > Stephen Pidgeon says a unique state statute grants everyday citizens > the required standing. > > "These lawsuits have pointed their fingers at the various secretaries > of state and said, 'You handle the elections, it's your job [to verify > Obama's eligibility],'" Stephen Pidgeon told WND, "and the secretaries > of state have said, 'No, it's not our job. You the voter have to prove > he was ineligible.' But when the voters try to do it, the courts tell > them they have no standing. So it presents a catch-22. > > "Here, we have standing by means of statute," Pidgeon continued. "This > particular statute provides for any registered voter to challenge the > election of a candidate if the candidate at the time of the election > was ineligible to hold office." > > Further, Pidgeon explained, "In Washington we also have a > constitutional clause in Article 1 that says the U.S. Constitution is > the supreme law of land, so it's very much a state issue that the > secretary of state has a duty to enforce the U.S. Constitution. > > "He doesn't think he does; we think he does. That's really the issue > before the court," Pidgeon said. > > Washington's secretary of state, Mr. Sam Reed, has opposed the > lawsuit, brought by a group of 12 registered Washington voters with > Pidgeon's representation, on several grounds, including the argument > that the issue is moot now that Obama has been voted upon by the > people. > > Pidgeon argues, however, that even if Obama remains in office two > years from now, the issue will not be moot. > > "The Constitution's criteria for president are never moot," Pidgeon > explained. "Article 2, Section 1 says 'eligible to the Office of > President'; it doesn't say 'eligible for candidacy to the Office of > President." > > Therefore, Pidgeon argues, the Constitution's natural-born citizen > clause specifically and expressly addresses the man sitting in the > Oval Office, not just the main elected and waiting to get in. > > "If, at any time during his tenure, a birth certificate actually > surfaces showing [Obama] born in Kenya," Pidgeon said, "he is > disqualified from the presidency at any time. And the constitutional > crisis that is rising out of this – the longer he's in that office, > the greater the problem becomes, because everything he does will be > illegal." > > http://worldnetdaily.com/index.php?fa=PAGE.view&pageId=84966 > > > -- *~@):~{> --~--~---------~--~----~------------~-------~--~----~ Thanks for being part of "PoliticalForum" at Google Groups. For options & help see http://groups.google.com/group/PoliticalForum * Visit our other community at http://www.PoliticalForum.com/ * It's active and moderated. Register and vote in our polls. * Read the latest breaking news, and more. -~----------~----~----~----~------~----~------~--~---
