Supreme Court to Determine (Or Not) Legality of Berg v. Obama

UPDATE 19 DECEMBER 2008: Jeff Schreiber's America's Right blog had an update posted yesterday entitled Berg: Injunction Dismissed, Case "Alive and Well. Check it out.

UPDATE 9 DECEMBER 2008: NEIN Director Doug Hagmann's article from Sunday, "Getting a Handle on the OBAMA Birth Certificate “Conspiracy,” gives you the professional investigators point of view on this extremely important issue. It's not aboout the man, or the office being ursurped. It is about the United States Constitution. Period.

Doug's point about Obama and his lawyers spending somewhere between $800K and $1 million to ursup the office of the President of the United States is not to be overlooked. For a mere $12.50 Obama could absolutely prevent the usurpation of that esteemed office. The obvious conclusion all loyal Americans must draw is that Obama's camp would rather pay one million dollars to establish a World Socialist "democracy" than two-hours worth of the mandated federal minimum wage to preserve this Constitutional Republic. Yes, the Office of the president of the United States will not only be usurped on January 20th, but it will have been thoroughly compromised as an American institution.

I am of the opinion that all Constitutional legal recourse to prevent the ursurpation of the American Presidency has been overcome by a World Socialist juggernaut from both within the halls of our government and from external financiers. It is my opinion that the only hope for the rule of law to prevail in these United States now rests within the Oaths of Office sworn, or affirmed, unto God by the commissioned officer corps of the United States Armed Forces. In their hands now lies the fate of this Republic.

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UPDATE 4 DECEMBER 2008: As most of us know tomorrow is going to be a big day in the SCOTUS. The court is meeting in committee and the "rule of four" is in effect regarding Obama's "natural born citizen" issue that arises from the not-so-small matter of Constitutional Law.

I think every red-blooded American aware of this issue, every one who has not relegated it to the realm of wide-eyed conspiracy or placed it aside because it didn't pass their personal "smell test," and every one just now becoming aware of it must side with the rule of law and agree on these two specific points:

1.) IT IS THE UNITED STATES CONSTITUTION, ARTICLE III, SECTION 2 WHICH COMPELLS THE SUPREME COURT TO EXECUTE ITS JUDICIAL POWER "TO ALL CASES, IN LAW AND EQUITY, ARISING UNDER THIS CONSTITUTION THE LAWS OF THE UNITED STATES,..."

2.) The law which arises under this Constitution now before the Supreme Court is found in the fifth paragraph of Article II, Section 1: "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;..."

Irregardless of any other consideration, if you are an American citizen you must side with the rule of Constitutional law. If you are an Associate Justice of the Supreme Court you must uphold Constitutional law. There is nothing more to say on this issue if we are to stand with our Constitution and its Republic. Period.

This is the burden placed upon Barack Hussein Obama II - to unabiguously prove that he is "a natural born citizen" of these United States. To this point new evidences are emerging from the various hospitals in Honolulu, Hawaii where Obama was allegedly born. NONE of them have any record of Obama being born or of his mother having been in them. To read the details on these emergent issues please go visit the EarthFrisk Blog.

UPDATE 20 NOVEMBER 2008: There has been some forward movement in SCOTUS Docket 08-570, Berg v. Barack Obama, et al. An entry on the docket webpage appeared yesterday, Wednesday, 19 November recording the filing made the day before. This entry makes clear that the at least one of respondents filed a waiver on their right to respond to the SCOTUS-granted Writ of Certiorari (sur-shee-uh-rare-eye). The waiver was filed by Gregory C. Garre, the Solicitor General of the United Sates Department of Justice (i.e. representing ONLY the United States Government and none of the other respondents) simply states:

"The Government hereby waives its right to file a response to the petition in this case, unless requested to do so by the Court."

SCOTUS has not requested a response from any of the respondents in this case. It is not mandatory for the respondents to file a response. SCOTUS has only set a no-later-than due date should the respondents choose to file a response to the Writ of Certiorari.

The specific meaning of why the Government waived its right to respond is murky at best. It could be a good thing for the chances of Phil Berg's case, or it could be an omen of it's imminent dismissal by the Justice Souter. I am of the opinion it might be the latter, but I could be wrong, and, moreover, hope I am wrong because this is about the Constitutionality of Barack Obama becoming POTUS, and the Government has effectively said it has no comment on the matter, which effectively means to myself that it has no comment on the rule of law, i.e. the U.S. Constitution. I can't wait to see what happens next in this case.

In another matter, the case brought before SCOTUS Justice Clarence Thomas by my fellow New Jerseyan, Leo C. Donofrio, and assigned Docket No. 08A407, was updated yesterday to reflect that it will be discussed in Court during a Friday, 5 December conference. Overall this is a positive development, just as the AIP/Ambassador Alan Keyes case in California made national news (finally).

Update 14 November 2008: An article at WorldNetDaily by Chelsea Schilling has all of the latest details. Check it out. My syopsis of this article is that I concur with its conclusion, having stated the same conclusion several times: the status of the issue remains a question of whether what is in Hawai'i is a certification of Barack Hussein Obama's live birth or a Hawai'ian certificate of live birth. Pay close attention to those two bold words, they are two very different things. The later would make Obama a "natural born" American citizen, and the latter merely a record of his "live birth" on foreign soil and an immediate Constitutional concern for the SCOTUS. Therefore, I remain convinced that this is an issue for SCOTUS to sort out once and for all and I implore SCOTUS Justice Clarence Thomas to initiate a decision to do exactly that as expeditiously as possible.

Update 10 November 2008: Three items of direct relevance to this subject were just brought to my attention. First item is the draft of a WeThePeople Foundation full-page ad to be published inUSA TODAY the week of November 17, 2008. The second item is a petition to the Federal Election Commission and Mr. Donald McGahan, FEC chairman, to take responsibility to verify the eligibility of Mr. Barack H. Obama to be President of the United States which citizen patriots can sign (anonymously if desired) and submit to become personally engaged in this issue. There third item is found in the third paragraph of the original report below.

May I be sold bold as to remind everyone that no American citizen has stated the obvious more concisely or directly than President Abraham Lincoln in his Gettysburg Address. President Lincoln's words concerning those who made the ultimate sacrifice during the Civil War are equally applicable to all American patriots who have made that same sacrifice over the past 145 years to the present; his tasker for those of us alive this day remains our sacred duty.

Four score and seven years ago our fathers brought forth on this continent, a new nation, conceived in Liberty, and dedicated to the proposition that all men are created equal.

Now we are engaged in a great civil war, testing whether that nation, or any nation so conceived and so dedicated, can long endure. We are met on a great battle-field of that war. We have come to dedicate a portion of that field, as a final resting place for those who here gave their lives that that nation might live. It is altogether fitting and proper that we should do this.

But, in a larger sense, we can not dedicate -- we can not consecrate -- we can not hallow -- this ground. The brave men, living and dead, who struggled here, have consecrated it, far above our poor power to add or detract. The world will little note, nor long remember what we say here, but it can never forget what they did here. It is for us the living, rather, to be dedicated here to the unfinished work which they who fought here have thus far so nobly advanced. It is rather for us to be here dedicated to the great task remaining before us -- that from these honored dead we take increased devotion to that cause for which they gave the last full measure of devotion -- that we here highly resolve that these dead shall not have died in vain -- that this nation, under God, shall have a new birth of freedom -- and that government of the people, by the people, for the people, shall not perish from the earth.

09 NOVEMBER 2008 (Amended): Supreme Court Of The United States (SCOTUS) Justice David Souter has agreed that a review of the federal lawsuit filed by attorney Phil Berg against Barack Hussein Obama II, et al., which was subsequently dismissed for lack of standing is warranted. SCOTUS Docket No. 08-570 contains the details.

A review of that docket and the Rule 10 of the Supreme Court makes abundantly clear that Justice Souter's granting of a review on the Writ of Certiorari is not a right entitled to citizen Phil Berg, but rather is a matter of judcial discretion based upon a compelling reasons. That compelling reason is the Constitutional requirement that "No person except a natural born citizen ... shall be eligible to the office of President..."

What this means is that on or before 1 DECEMBER 2008 Judge Surrick, who presides over the United States Court of Appeals for the Third Circuit, must respond to the Writ of Certiorari (sur-shee-uh-rare-eye) by providing to SCOTUS Justice Souter all documents and court proceedings in the case of Berg v. Obama. The crux of the matter here is that Obama (et al.) filed only a motion to dismiss on the grounds on Phil Berg's "lack of standing" to file the lawsuit. No information countering Berg's allegations or challenges to Obama's status as a natural born citizen were addressed. Judge Surrick agreed with the Obama motion and dismissed the case due to Berg's "lack of standing." Justice Souter will most certainly see the specific challenge to Obama's eligibilty pursuant to the Constitutional requirement for president and subsequently may then issue an order for Obama (et al.) to submit docmentation proving his natural born citizenship status to Judge Surrick, or to provide them directly to the SCOTUS.

Another very salient fact to consider at this time is that, despite all of the pronouncements of the print and broadcast media, Barack Obama is not yet the President-elect of the United States. Barack Obama can only become the President-elect after the Electoral College convenes on 15 DECEMBER 2008 in their respective state capitals around the nation and casts their votes to elect the President and the Vice President. As you can see this election day occurs two weeks after the required response to the Supreme Court granted Writ of Certiorari.

The bottom line is this: the presidential election of 2008 remains an ongoing process, the outcome of which remains undetermined, and all talk about a potential Constitutional crisis in the United States are at least 36 days premature.