If that were actually confirmed, as opposed to simply assumed, Justice
Souter, would have simply thrown the entire suit out.
The suit had two parts:
1.) An application for an injunction to postpone the election.
This is clearly impossible as it directly conflicts with the
Constitutionally mandated day for the election, this is not open to
interpretation. This is in fact what stopped the recount in Florida in
2000, it conflicted with the Constitutional mandate and the Federal
statute designed to implement it. Though written on 200+ year old
parchment, election day, and inauguration day are set in stone.
2. A demand that Obama produce a legal birth certificate, issued by the
state of Hawaii.
The state official who attested that the birth certificate existed, did
not in fact attest that it was issued by Hawaii, hell you can be born on
the moon and have a birth certificate on file in most any State. Hawaii
even has special rules for non US birth certificates to cover the period
before it was a state, (admitted to the union in 1958), and of course
that official has a law degree so precision of words is important.
If the suit was entirely without merit then it would have been tossed.
Berg must have made a good enough case for Souter to want an answer from
the Obama camp, after which Berg will have an option to rebut. Then
Souter will decide if it's worth bringing before it the entire court. A
certificate of Live Birth, which is all that Obama has released so far,
is not good enough.
Then there is the interesting, yet probably not disqualifying fact that
Obama has by all accounts dual citizenship. There's been some question
that being a "Natural Born" citizen is negated by dual citizenship, but
I've read Article II Section 1 of the US Constitution and there's
nothing there that would disqualify a dual citizen that I can see. Here
once again we see a problem with attempting to interpret 16th century
wording without actually bothering to check on the actual meaning of the
words at the time the document was written. Unlike many other parts of
the Constitution where the Federalists needed to defend their ideas,
this one was probably so clear to their contemporaries that commentary
is nonexistent.
It's important to remember Justice Souter is not one to kick over the
apple cart, he wants things to go smoothly, but he will dot every i and
cross every t, and if there's any problem at all there will be hell to pay.
Adam Maas wrote:
That's not an issue, the State of Hawaii has confirmed that they do
have a valid Birth Certificate on file for Obama. Frankly on the birth
issue, McCain had a bigger issue since his status as Natural Born was
retroactively applied by congressional fiat in the mid-30's (1936
IIRC). He was born in the Canal Zone in Panama.
-Adam
On Wed, Nov 5, 2008 at 3:20 AM, P. J. Alling <[EMAIL PROTECTED]> wrote:
Well, if it turns out that Obama isn't a natural born citizen of the US, a
requirement to be sworn in as President, (see Berg vs Obama now before the
Supreme Court, which has an answer date of December 1), who will the
Democrat electors vote for on December 15th? Certainly not McCain. Slow
Joe Biden? Pleeeaaasssee, he couldn't even get enough party support to be
a factor in the primaries. So I expect a 359 electoral vote tally for
Hillery for President. I mean who else is there?
Now I don't really expect this to happen, but if it does it will certainly
be within the rules laid out by the Constitution, hell it's not even a
Constitutional Crisis, but the aftermath won't be pretty. I'd give this a
whole lot less credence if Berg wasn't a life long Democrat and a former
deputy attorney general from Pennsylvania. Now I've seen a couple of hit
pieces on Berg, that he got his ideas from some right wing, wing nuts, (say
that three times fast), however the flow of information actually seems to be
the reverse. We'll know on the 1st.
Now don't take this as political, it's not. The Democrats won the election,
probably would have even without Obama as their candidate, but who the
President will be? After all when you turn your political process over to
the courts you never know what will happen.
Ken Waller wrote:
I'm holding out for a Hillery win in the electoral college.
I thought she was only going for her masters.
Kenneth Waller
http://www.tinyurl.com/272u2f
----- Original Message ----- From: "P. J. Alling"
<[EMAIL PROTECTED]>
Subject: Re: Message to Our American Friends
I'm holding out for a Hillery win in the electoral college.
Anthony Farr wrote:
-----Original Message-----
From: Cory Waters
How quaint to still think the popular vote really matters.
Cory
Diebold's vote is the one that counts, but I'd like to think that
they'll
play it straight.
Regards, Anthony
--
PDML Pentax-Discuss Mail List
[email protected]
http://pdml.net/mailman/listinfo/pdml_pdml.net
to UNSUBSCRIBE from the PDML, please visit the link directly above and
follow the directions.
--
You get further with a kind word and a gun, than with a kind word alone.
--Al Capone.
--
PDML Pentax-Discuss Mail List
[email protected]
http://pdml.net/mailman/listinfo/pdml_pdml.net
to UNSUBSCRIBE from the PDML, please visit the link directly above and
follow the directions.
--
You get further with a kind word and a gun, than with a kind word alone.
--Al Capone.
--
PDML Pentax-Discuss Mail List
[email protected]
http://pdml.net/mailman/listinfo/pdml_pdml.net
to UNSUBSCRIBE from the PDML, please visit the link directly above and follow
the directions.
