Diary

Obama Constitutionally ineligible to be President???

Steve Urkel.

Posted to Diary on Sat Aug 23, 2008 at 02:18:44 PM EST. RSS.

That's what lawsuit filed by Democrat and Former Deputy Attorney General of Pennsylvania Phillip J. Berg claims.

Does Berg have a case, or is he just giving Obama the business?

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3

rad Hominem

Acefantastik.

Sat Aug 23, 2008 at 04:22:21 PM EST

5.00 (informative)

Mr. Berg is a great character.  He's a Democrat, a Hillary supporter, and a 9/11 fanatic--he publicly states that the US government assisted in the attacks.

The bits about Senator Hopey's nicknames are amusing, but I still don't think its very wise for the right-wing crowd to give too much attention to Mr. Berg Esquire.

He does sound like a good candidate for attorney general of the McKinney administration.

5

Mahoney Poll Bologna

Acefantastik.

Sat Aug 23, 2008 at 06:08:09 PM EST

5.00 (funny, brilliant)

I strenuously object to the lack of a "Steve Gutenberg" option in this poll.  

7

^ 5

Re: Mahoney Poll Bologna

thefadd.

Sun Aug 24, 2008 at 03:46:26 AM EST

none

I was hoping to get to vote for that Berg who got beheaded by American agents pretending to be terrorists in Iraq.

It is easy to buy small plaster models of what you think life is like.

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Nick.

MayorBob.

Sun Aug 24, 2008 at 07:20:55 AM EST

5.00 (informative)

That's his name.  Isn't it something the way the name of a person who got murdered in such a grisly fashion just seems to fade away into obscurity while another person, whose latest contribution to American life was to bow out early on "Dancing With The Stars" trips off our tongue?

Illegitimi non carborundum.

10

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Re: Mahoney Poll Bologna

Acefantastik.

Sun Aug 24, 2008 at 05:19:35 PM EST

4.00 (brilliant)

I thought that was "Pits Berg".  You know,  "I came to Iraq to make money off of an occupation and all I got was beheaded and dumped in a pit by the CIA".

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Re: Mahoney Poll Bologna

Steve Urkel.

Sun Aug 24, 2008 at 02:17:51 PM EST

none

What an oversight. Where were you when I was writing that poll?

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^ 9

Re: Mahoney Poll Bologna

Acefantastik.

Sun Aug 24, 2008 at 05:24:34 PM EST

none

I considered using my secret editor button to alter the poll, but I didn't want to come off as mad with power. Everybody knows that the best use/abuse of editor power is running your subs despite low voting marks.

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Re: Mahoney Poll Bologna

Steve Urkel.

Sun Aug 24, 2008 at 06:23:21 PM EST

none

That's sound policy. If you started doing that, what if you accidentally improved a poll that was bad on purpose?

Your comment inspired me to check and I see my most commented on subs were about guns and booze (there was an evolution one with a lot of comments but most were mine, so that doesn't count).  

4

It's Fucking Groundhog's Day.

MayorBob.

Sat Aug 23, 2008 at 05:43:27 PM EST

4.66 (funny, funny, astute)

So, if Obama is ineligible because he was actually born in a mud hut in Kenya and McCain is ineligible because he was born in Panama, does this mean WE HAVE TO GO THROUGH THIS SHIT AGAIN?

Illegitimi non carborundum.

1

DISTRICT COURT FOR TREESANDTHINGS. DOT COM.

zyxwvutsr.

Sat Aug 23, 2008 at 04:04:42 PM EST

none

DECLARATION OF MY THOUGHTS ON THIS STORY
---------------------------------------------------------------

  1.       I had no idea that Obama had so many aliases.

  2.       The complaint references Wikipedia. This would seem to present problems.

2

^ 1

Re: DISTRICT COURT FOR TREESANDTHINGS. DOT COM.

delete me.

Sat Aug 23, 2008 at 04:20:48 PM EST

5.00 (astute)

I fixed the entry. Lawsuit can go through now.

- derumi (del-me)
"Bobby Fischer? Man, that guy is crazy!" - Mike Tyson

6

Re: Obama Constitutionally ineligible to be Presid

tomc.

Sat Aug 23, 2008 at 11:23:45 PM EST

none

This is what happens when you don't want a woman to become President.

13

Wow, that's a big bag of stupid.

logan.

Mon Aug 25, 2008 at 08:04:47 PM EST

none

Berg's full complaint can be viewed here. It's worth reading because it quickly drifts into complete wingnuttery. Here's the meat of it:

18. Upon investigation into the birth of Barack Hussein Obama in Honolulu, Hawaii, Obama's birth is reported as occurring at two (2) separate hospitals, Kapiolani Hospital and Queens Hospital. Wikipedia English Version under the subject "Barack Obama" states Obama was born at Kapiolani Hospital. Wikipedia Italian Version under the subject "Queens Hospital" states Barack Obama was born in Queens Hospital.

That's the root of Berg's argument: the English wikipedia entry on Obama differs from the Italian version. The day we decide that someone isn't qualified to be President because of their Wikipedia entry is the day the American people should leave a note that says "We are too dumb to be allowed to live. Sorry about the mess." then join hands and walk into the sea.

Here's a scan of Obama's birth certificate. The hospital is clearly printed on the certificate.

Berg's complaint goes on:

22. There is a Canadian Birth Certificate posted on the Internet in the name of Barack Hussein Obama, Jr.; however, the date of birth shows to be August 23, 1961.

Oh wow, it's on the internet. It must be true. Obama is secretly Canadian. Woo-hoo! Free universal health care!

26. In or about 1967, when Obama was approximately six (6) years old, his mother, Stanley Ann Dunham married Lolo Soetoro, a citizen of Indonesia and moved to Indonesia with Obama. At this time, if Obama was Registered as a "natural born" citizen, which he did not qualify to be registered as, he would have lost his U.S. Citizenship when his mother married Lolo Soetoro and took up residency in Indonesia. The first requirement is that naturalization must be achieved through "application." Such type of naturalization
occurs, for example, when a person acquires a foreign nationality by marriage to a national of that country. Nationality Act of 1940, Section 317(b). Additionally, there is rumor circulating on the Internet that his Indonesian stepfather, Lolo Soetoro, adopted Obama.

Wow, there's so much stupidity in that paragraph that I'm sure I'm going to miss some.

If Obama was registered as a "natural born citizen", which he did not qualify to be registered as, he would have lost his U.S. Citizenship when his mother married Lolo Soetoro and took up residency in Indonesia.

Wrong. When Obama's Mom took up residency in Indonesia both mother and child would have been considered resident aliens, not citizens of Indonesia. The US Government would have considered them expatriate citizens of the US until such time as they renounced their citizenship and surrendered their passports. If the reverse were true then literally hundreds of thousands of American soldiers, government workers and other Americans living and working overseas who married natives of wherever they were stationed would have become citizens of other countries at the time of their marriage.

Additionally, there is rumor circulating on the Internet that his Indonesian stepfather, Lolo Soetoro, adopted Obama.

A rumor on the internet? That's good enough for me. Case closed!

The Nationality Act of 1940 provided for the loss of citizenship when the person became naturalized upon the naturalization of his or her parent having custody of such person.

Hey! He got one right...almost. Unfortunately for Berg, the Nationality Act of 1940 was declared unconstitutional in 1967. Next!

However, as posted all over the internet, three (3) independent Document Forensic Experts performed extensive Forensic testing on the Certificate of Live Birth posted on Obama's campaign website. The Forensic Expert findings were the Certificate of Live Birth (COLB) was in fact a forgery. It was further discovered that this original Certificate of Live Birth which had been altered and forged was issued to Maya Kasandra Soetoro, born in 1970. Maya Kasandra Soetoro is Obama's half sister who was born in Indonesia and her birth was later registered in Hawaii.

Berg doesn't actually go so far as to tell us who these "Forensic Experts" are or where their findings are available, only that they've examined the image displayed on Obama's campaign website and posted their results on the internet. Well, case closed.

Factcheck.org actually did some research. Their staffers flew to Hawaii and examined the actual birth certificate. They found it to be completely in order. From there they went the extra mile and went through the archives of the Honolulu Advertiser and found the announcement of Barrack Obama's birth clearly printed in the August 13, 1961 issue. If this is all the work of Democratic Party operatives then they've either been working for Obama's election since the late 1950s or they have a time machine.

37. Even if Obama maintained his United States Citizenship, which he failed to do, he also carries citizenships in Kenya and Indonesia. Obama has divided loyalties with foreign countries. Thus, Obama carries multiple citizenships and is ineligible to run for President of the United States. United States Constitution, Article II, Section I.

Here's the text of Article II, Section I, Clause 5 (Qualifications for office):

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.

There is nothing in the Constitution about dual citizenship. As a matter of fact, I can't find any law that restricts someone who holds dual citizenship from being President. The closest thing I can find is Section 1 of the 14th Amendment, stating "Section 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." This clearly supports Obama's claim on US Citizenship. Even if Obama did hold Indonesian and/or Kenyan citizenship it wouldn't invalidate his US citizenship. From the US State Department:

However, a person who acquires a foreign citizenship by applying for it may lose U.S. citizenship. In order to lose U.S. citizenship, the law requires that the person must apply for the foreign citizenship voluntarily, by free choice, and with the intention to give up U.S. citizenship.

It's pretty clear to anyone who cares to do any research at all that this is just a another case of Swiftboating wingnuttery to be filed in with David Icke's claims that virtually everyone of any power from George Bush to Queen Elizabeth to Boxcar Willie is actually a giant lizardman from outer space. Sadly, this isn't the last we'll hear of this bullshit. Get yourself an air freshener and get comfortable. The GOP has not yet begun to sleaze.

-=Logan
Research, facts, a Republican needs not these things.

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Re: Wow, that's a big bag of stupid.

Steve Urkel.

Mon Aug 25, 2008 at 11:55:54 PM EST

none

Wow, Hillary Clinton supporters sure is crazy.

It also seems to be the case that Barack's parents marriage was invalid (Papa Obama being a bigamist), and the law at the time stated:

7 FAM 1133.4-3 Birth Out of Wedlock to American Mother (TL:CON-68; 04-01-1998) a. Section 309 (c) INA: A child born abroad out of wedlock after December 24, 1952, to a U.S. citizen mother acquires U.S. citizenship if the mother was physically present continuously for 1 year in the United States or its outlying possessions at any time prior to the child's birth.

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