Tag Archives: US Constitution

Donofrio vs Wells, US Supreme Court, Natural Born Citizen, Obama not eligible, Father Kenyan,British rule, Supreme Court Justices answer, US Constitution, New Jersey, Connecticut lawsuit, Secretary of State, Oath of office, Marbury Vs Madison, Monday, December 8, 2008

“Between these alternatives there is no middle ground. The constitution is either a superior, paramount law, unchangeable by ordinary means, or it is on a level with ordinary legislative acts, and like other acts, is alterable when the legislature shall please to alter it.”

“If then the courts are to regard the constitution; and the constitution is superior to any ordinary act of the legislature; the constitution, and not such ordinary act, must govern the case to which they both apply.”

Chief Justice Marshall opinion, Marbury Vs Madison

Donofrio versus Wells is before all nine Justices of the US Supreme Court
and it is expected that they will decide by Monday morning, December 8,
2008 whether or not they will accept the case for a possible opinion or ruling.
The Leo Donofrio case is based on the natural born citizen provision of the
US Constitution and the failure of New Jersey Secretary of State, Nina Wells to ensure
that Barack Obama is qualified under that provision. Having the US Supreme
Court give serious consideration to this case and uphold the US Constitution
is of utmost importance. However, this case demands attention to other
aspects of upholding the Constitution and clarifying duties that may in the
long term have more far reaching consequences. Here are three distinct
aspects of the Donofrio case that must be addressed and clarified by the
US Supreme Court Justices:

  • The Natural Born Citizen provision of the US Constitution as applicable to the 2008 election.
  • The powers given to state officials in the election process and inherent duties to uphold the
    US Constitution and Federal Election Laws.
  • The oath of office taken by federal and state officers, election officials and judges and the
    duty to uphold the US Constitution.

Not addressed specifically in the Donofrio lawsuit and therefore
not before the US Supreme Court, but a matter of much confusion,
is the statutes in some of the states and pledges by some
political parties to dictate how Electoral College Electors must
vote. This violates the letter and spirit of constitutional law
and the intent of the founding fathers to give carefully chosen
Electors the leeway to make wise choices.

Here is the basis in fact of Leo Donofrio’s lawsuit:

“On October 27, 2008, plaintiff-appellant, Leo Donofrio, a retired attorney acting Pro Se, sued Nina Mitchell Wells, Secretary of State of the State of New Jersey, in the Superior Court of New Jersey, Appellate Division, demanding the Secretary execute her statutory and Constitutional duties to police the security of ballots in New Jersey from fraudulent candidates ineligible to hold the office of President of the United States due to their not being “natural born citizens” as enumerated in Article 1, Section 2, of the US Constitution.”

“The cause of action first accrued on September 22, 2008, when Secretary Wells certified to county clerks, for ballot preparation, a written “statement”, prepared under her seal of office, that was required by statute to contain names of only those candidates who were “by law entitled” to be listed on ballots in New Jersey.  The statement is demanded by N.J.S.A. 19:13-22.

The law suit raises a novel contention that the statutory code undergoes legal fusion with the Secretary’s oath of office to uphold the US Constitution thereby creating a minimum standard of review based upon the “natural born citizen” requirement of Article 2, Section 1, and that the Supremacy clause of the Constitution would demand those requirements be resolved prior to the election.

The key fact, not challenged below, surrounds two conversations between the plaintiff-appellant and a key Secretary of State Election Division official wherein the official admitted, twice, that the defendant-Secretary just assumed the candidates were eligible taking no further action to actually verify that they were, in fact, eligible to the office of President.  These conversations took place on October 22nd and 23rd.”

“Now, post-election, plaintiff is seeking review by the United States Supreme Court to finally determine the “natural born citizen” issue. Plaintiff alleged the Secretary has a legal duty to make certain the candidates pass the “natural born citizen” test.  The pre-election suit requested that New Jersey ballots be stayed as they were defective requiring replacements to feature only the names of candidates who were truly eligible to the office of President.”

Here are the three distinct aspects of Donofrio’s lawsuit that should be reviewed and clarified
by the US Supreme Court Justices:

The Natural Born Citizen provision of the US Constitution as applicable to the 2008 election.

Leo Donofrio states:

“Don’t be distracted by the birth certificate and Indonesia issues. They are irrelevant to Senator Obama’s ineligibility to be President. Since Barack Obama’s father was a Citizen of Kenya and therefore subject to the jurisdiction of the United Kingdom at the time of Senator Obama’s birth, then Senator Obama was a British Citizen “at birth”, just like the Framers of the Constitution, and therefore, even if he were to produce an original birth certificate proving he were born on US soil, he still wouldn’t be eligible to be President.”

Read more from Leo Donofrio

The powers given to state officials in the election process and inherent duties to uphold the
US Constitution and Federal Election Laws.

There is much confusion and misunderstanding about the duties and powers of state officers and election
officials involved in presidential elections.

Read more here

The oath of office taken by federal and state officers, election officials and judges and the
duty to uphold the US Constitution.

From the opinion by Chief Justice Marshall on Marbury Vs Madison:


“The oath of office, too, imposed by the legislature, is completely demonstrative of the legislative opinion on the subject. It is in these words, “I do solemnly swear that I will administer justice without respect to persons, and do equal right to the poor and to the rich; and that I will faithfully and impartially discharge all the duties incumbent on me as according to the best of my abilities and understanding, agreeably to the constitution, and laws of the United States.”

Why does a judge swear to discharge his duties agreeably to the constitution of the United States, if that constitution forms no rule for his government? if it is closed upon him, and cannot be inspected by him?

If such be the real state of things, this is worse than solemn mockery. To prescribe, or to take this oath, becomes equally a crime.

Thus, the particular phraseology of the constitution of the United States confirms and strengthens the principle, supposed to be essential to all written constitutions, that a law repugnant to the constitution is void; and that courts, as well as other departments, are bound by that instrument.”

For the Justices of the US Supreme Court to disregard this important
lawsuit by Leo Donofrio, I am certain that all nine Justices would
violate their oath to uphold the US Constitution and duty to review,
consider and clarify the important principles outlined above. We are
accountable not only to uphold  the US Constitution and rule of law
in regard to the 2008 election, but the future integrity of the
Constitution, our system of checks and balances and stability of our
government. I strongly urge the Supreme Court Justices to help keep
our Constitution and government intact.

 
“It is emphatically the province and duty of the judicial department to say what the law is. Those who apply the rule to particular cases, must of necessity expound and interpret that rule. If two laws conflict with each other, the courts must decide on the operation of each.”

Chief Justice Marshall opinion, Marbury Vs Madison

Obama not natural born citizen, Obama ineligible, Chief Justice Roberts, US Supreme Court must review, December 8, 2008, Obama’s father British, Act of Congress, British Nationality Act of 1948, US Constitution, When the President of the United States is tried, the Chief Justice shall preside

From time to time I publish a comment placed on this blog. This comment is substantive and well presented
by commenter Bob.

“Comments on FactCheck.org: “Clarifies Barack Obama’s Citizenship”

They should have said: “Barack Obama: Born a ‘Brit.’”

———————————–

Barack Obama’s Citizenship? This is the syllogism:

A. If your citizenship is governed by an Act of Congress to establish a Uniform Rule of Naturalization, then you are disqualified for the office of president and vice president of the United States.

B. Barack Obama’s citizenship is governed by the Secretary of State’s codified regulation: 7 FAM 1111.4 “Dual or Multiple Nationality.”

Why?

Barack Obama’s Hawaiian birth certificate posted by The Obama Campaign on the InterNet discloses it, and FactCheck.org confirms that on the DAY Barack Obama WAS BORN, his father, Barack Obama, Senior, was a British subject (his Kenyan citizenship is irrelevant).

They wrote: ‘When Barack Obama Jr. was born on Aug. 4,1961, in Honolulu, Kenya was a British colony, still part of the United Kingdom’s dwindling empire. As a Kenyan native, Barack Obama Sr. was a British subject whose citizenship status was governed by The British Nationality Act of 1948. That same act governed the status of Obama Sr.‘s children …’

Please read that last line again: “That same act governed the status of Obama Sr.‘s children …”

C. Therefore, Barack Obama is disqualified from the office of president.

Barack Obama graduated from Harvard Law School magnum cum laude, and was also a lecturer at the prestigious University of Chicago Law School: So, he knows this.

———————————–

This issue is no more complicated than this simple line of reasoning: Everything else is no more than “smoke and mirrors.”

———————————–

British Nationality Act of 1948 (Part II, Section 5): “Subject to the provisions of this section, a person born after the commencement of this Act shall be a citizen of the United Kingdom and Colonies by descent if his father is a citizen of the United Kingdom and Colonies at the time of the birth.”

———————————–

Since the First Wednesday of March 1789 (March 4), the Constitution, the Laws of the United States, and all Treaties made under the Authority of the United States, have been the supreme Law of the Land.

This is what President George Washington said on that day:

“Fellow Citizens:

“I am again called upon by the voice of my country to execute the functions of its Chief Magistrate. When the occasion proper for it shall arrive, I shall endeavor to express the high sense I entertain of this distinguished honor, and of the confidence which has been reposed in me by the people of united America.

“Previous to the execution of any official act of the President the Constitution requires an oath of office. This oath I am now about to take, and in your presence: That if it shall be found during my administration of the Government I have in any instance violated willingly or knowingly the injunctions thereof, I may (besides incurring constitutional punishment) be subject to the upbraidings of all who are now witnesses of the present solemn ceremony.”

———————————–

Justice Rehnquist (later Chief Justice) noted that in the Constitution, “a political document noted for its brevity,” that there are 11 instances addressing the “citizen-alien” distinction: Art. 1, S 2, C 2; S 3, C , S 8, C 4; Art. 2, S 1, C 5, Art. 3, S 2, C 1; Art. 4, S 2, C 1, and in the 11th, 15th, 19th, 24th and 26th Amendments.

———————————–

So why would the law of any foreign State such as the British Nationality Act of 1948 have any effect in any State under the jurisdiction of the United States?

Did the President made a Treaty with Great Britain surrendering sovereignty to a foreign State to secure some right? The answer is, “No!”

Did Congress act to establish an Uniform Rule of Naturalization? The answer is, “Yes!”

———————————–

Congress passed the McCarran-Walter Act called “The Immigration and Nationality Act of 1952.” The Immigration and Nationality Act of 1952 (before Obama was born), as amended through 1994 (before Obama ran for office), is our current law.

http://en.wikipedia.org/wiki/Immigration_and_Nationality_Act_of_1952

President Truman actually vetoed the bill, and argued for more liberalized provisions that would effectively end the restrictive quota system: “In no other realm of our national life are we so hampered and stultified by the dead hand of the past, as we are in this field of immigration.” But Congress overrode his veto, and the 1952 Act was implemented.

Why the McCarran-Walter Act? It was the product of the most extensive Congressional study in the nation’s history of the subject of Immigration and Nationality. The Act codified and brought together for the first time all the nation’s laws and all the court’s decisions on immigration and naturalization. Although it has since been extensively amended through 1994, it remains the basis of all immigration and nationality law today.

The McCarran-Walter Act, and all subsequent legislation, address the issues raised by the laws of other nations and their effect upon the laws of the United States.

Congress decided that the Secretary of State and the Attorney General were authorized, in their discretion and on a basis of reciprocity, to severally prescribe regulations implementing the Immigration and Nationality Act.

The Secretary of State codified regulations in the 7 Foreign Affairs Manual (Consular Affairs) to advise U.S. nationals about citizenship: 7 FAM 1100 deals with the Acquisition and Retension of U.S. Citizenship and Nationality; 7 FAM 1110 deals with Acquisition of U.S. Citizenship by Birth in the United States, including specifically “Dual or Multiple Nationality” (7 FAM 1111.4).

http://www.state.gov/documents/organization/86755.pdf

The Attorney General codified regulations for children through the Department of Justice, Immigration and Naturalization Service, under Section 101 of the Immigration and Nationality Act. However, the INS is now part of the Department of Homeland Security, U. S. Citizenship and Immigration Services [and so these regulations are now found at (8 CFR), Immigration and Naturalization].

http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=7b2ad4e82f00315ac8e70cab6366e0da

Both sets of codified regulations govern all decisions made by all departments of the Federal government, including the Department of the Treasury, Internal Revenue Service, Department of Health and Human Services, as well as the Department of Education.

———————————–

As noted above, the Constitution gives Congress authority to establish an uniform Rule of Naturalization.

The Code of Federal Regulations is huge, but it can all be summarized with this sentence: Naturalized citizens legally are equal in almost all respects to persons who have been Americans from birth.

The only constitutional disqualification of naturalized citizens is for the offices of president and vice president of the United States.

Why? Because the Constitution says this: “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.”

The words “no person except” also means “no exceptions.”

———————————–

No person constitutionally ineligible to the office of President can take the following Oath or Affirmation:–”I do solemnly swear (or affirm) that I will faithfully execute the Office of President of the United States, and will to the best of my Ability, preserve, protect and defend the Constitution of the United States.”

Why? Because, since 1974 the Committee on the Judiciary has considered a violation of the constitutional oath to be a high crime and misdemeanor, warranting impeachment, trial and removal from office.

Why? Because the Constitution states that the President of the United States shall take care are that the laws be faithfully executed.

———————————–

Why must the Supreme Court review this matter?

Because, “The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority.”

And specifically cases that involve: “foreign States, Citizens, and Subjects:” Barack Obama, Senior, was a British Subject.

Why must the Chief Justice have a special role in this matter?

Because, “When the President of the United States is tried, the Chief Justice shall preside.”

Comments on FactCheck.org: “Clarifies Barack Obama’s Citizenship”

They should have said: “Barack Obama: Born a ‘Brit.'”

———————————–

Barack Obama’s Citizenship? This is the syllogism:

A. If your citizenship is governed by an Act of Congress to establish a Uniform Rule of Naturalization, then you are disqualified for the office of president and vice president of the United States.

B. Barack Obama’s citizenship is governed by the Secretary of State’s codified regulation: 7 FAM 1111.4 “Dual or Multiple Nationality.”

Why?

Barack Obama’s Hawaiian birth certificate posted by The Obama Campaign on the InterNet discloses it, and FactCheck.org confirms that on the DAY Barack Obama WAS BORN, his father, Barack Obama, Senior, was a British subject (his Kenyan citizenship is irrelevant).

They wrote: ‘When Barack Obama Jr. was born on Aug. 4,1961, in Honolulu, Kenya was a British colony, still part of the United Kingdom’s dwindling empire. As a Kenyan native, Barack Obama Sr. was a British subject whose citizenship status was governed by The British Nationality Act of 1948. That same act governed the status of Obama Sr.‘s children …’

Please read that last line again: “That same act governed the status of Obama Sr.‘s children …”

C. Therefore, Barack Obama is disqualified from the office of president.

Barack Obama graduated from Harvard Law School magnum cum laude, and was also a lecturer at the prestigious University of Chicago Law School: So, he knows this.

———————————–

This issue is no more complicated than this simple line of reasoning: Everything else is no more than “smoke and mirrors.”

———————————–

British Nationality Act of 1948 (Part II, Section 5): “Subject to the provisions of this section, a person born after the commencement of this Act shall be a citizen of the United Kingdom and Colonies by descent if his father is a citizen of the United Kingdom and Colonies at the time of the birth.”

———————————–

Since the First Wednesday of March 1789 (March 4), the Constitution, the Laws of the United States, and all Treaties made under the Authority of the United States, have been the supreme Law of the Land.

This is what President George Washington said on that day:

“Fellow Citizens:

“I am again called upon by the voice of my country to execute the functions of its Chief Magistrate. When the occasion proper for it shall arrive, I shall endeavor to express the high sense I entertain of this distinguished honor, and of the confidence which has been reposed in me by the people of united America.

“Previous to the execution of any official act of the President the Constitution requires an oath of office. This oath I am now about to take, and in your presence: That if it shall be found during my administration of the Government I have in any instance violated willingly or knowingly the injunctions thereof, I may (besides incurring constitutional punishment) be subject to the upbraidings of all who are now witnesses of the present solemn ceremony.”

———————————–

Justice Rehnquist (later Chief Justice) noted that in the Constitution, “a political document noted for its brevity,” that there are 11 instances addressing the “citizen-alien” distinction: Art. 1, S 2, C 2; S 3, C , S 8, C 4; Art. 2, S 1, C 5, Art. 3, S 2, C 1; Art. 4, S 2, C 1, and in the 11th, 15th, 19th, 24th and 26th Amendments.

———————————–

So why would the law of any foreign State such as the British Nationality Act of 1948 have any effect in any State under the jurisdiction of the United States?

Did the President made a Treaty with Great Britain surrendering sovereignty to a foreign State to secure some right? The answer is, “No!”

Did Congress act to establish an Uniform Rule of Naturalization? The answer is, “Yes!”

———————————–

Congress passed the McCarran-Walter Act called “The Immigration and Nationality Act of 1952.” The Immigration and Nationality Act of 1952 (before Obama was born), as amended through 1994 (before Obama ran for office), is our current law.

http://en.wikipedia.org/wiki/Immigration_and_Nationality_Act_of_1952

President Truman actually vetoed the bill, and argued for more liberalized provisions that would effectively end the restrictive quota system: “In no other realm of our national life are we so hampered and stultified by the dead hand of the past, as we are in this field of immigration.” But Congress overrode his veto, and the 1952 Act was implemented.

Why the McCarran-Walter Act? It was the product of the most extensive Congressional study in the nation’s history of the subject of Immigration and Nationality. The Act codified and brought together for the first time all the nation’s laws and all the court’s decisions on immigration and naturalization. Although it has since been extensively amended through 1994, it remains the basis of all immigration and nationality law today.

The McCarran-Walter Act, and all subsequent legislation, address the issues raised by the laws of other nations and their effect upon the laws of the United States.

Congress decided that the Secretary of State and the Attorney General were authorized, in their discretion and on a basis of reciprocity, to severally prescribe regulations implementing the Immigration and Nationality Act.

The Secretary of State codified regulations in the 7 Foreign Affairs Manual (Consular Affairs) to advise U.S. nationals about citizenship: 7 FAM 1100 deals with the Acquisition and Retension of U.S. Citizenship and Nationality; 7 FAM 1110 deals with Acquisition of U.S. Citizenship by Birth in the United States, including specifically “Dual or Multiple Nationality” (7 FAM 1111.4).

http://www.state.gov/documents/organization/86755.pdf

The Attorney General codified regulations for children through the Department of Justice, Immigration and Naturalization Service, under Section 101 of the Immigration and Nationality Act. However, the INS is now part of the Department of Homeland Security, U. S. Citizenship and Immigration Services [and so these regulations are now found at (8 CFR), Immigration and Naturalization].

http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=7b2ad4e82f00315ac8e70cab6366e0da

Both sets of codified regulations govern all decisions made by all departments of the Federal government, including the Department of the Treasury, Internal Revenue Service, Department of Health and Human Services, as well as the Department of Education.

———————————–

As noted above, the Constitution gives Congress authority to establish an uniform Rule of Naturalization.

The Code of Federal Regulations is huge, but it can all be summarized with this sentence: Naturalized citizens legally are equal in almost all respects to persons who have been Americans from birth.

The only constitutional disqualification of naturalized citizens is for the offices of president and vice president of the United States.

Why? Because the Constitution says this: “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.”

The words “no person except” also means “no exceptions.”

———————————–

No person constitutionally ineligible to the office of President can  take the following Oath or Affirmation:–“I do solemnly swear (or affirm) that I will faithfully execute the Office of President of the United States, and will to the best of my Ability, preserve, protect and defend the Constitution of the United States.”

Why? Because, since 1974 the Committee on the Judiciary has considered a violation of the constitutional oath to be a high crime and misdemeanor, warranting impeachment, trial and removal from office.

Why? Because the Constitution states that the President of the United States shall take care are that the laws be faithfully executed.

———————————–

Why must the Supreme Court review this matter?

Because, “The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority.”

And specifically cases that involve: “foreign States, Citizens, and Subjects:” Barack Obama, Senior, was a British Subject.

Why must the Chief Justice have a special role in this matter?

Because, “When the President of the United States is tried, the Chief Justice shall preside.””

Natural Born Citizen, Obama not eligible, Leo Donofrio, US Presidents, Precedents, Chester Arthur, James Buchanan, Andrew Johnson, Woodrow Wilson, Herbert Hoover, Chester Arthur’s lies, US Constitution, Grandfather clause, December 5, 2008

Leo Donofrio has provided an excellent article on the Natural Born Citizen rule from the US Constitution,
the grandfather clause and precedents involving US Presidents. Donofrio examines James Buchanan, Andrew Johnson, Woodrow Wilson, Herbert Hoover and Chester Arthur.

“This essay will discuss the eligibility of every President who had parents born abroad.   As long as the parents had the future President on US soil after they became citizens, then that person is a natural born citizen.
Every President born before the adoption of the Constitution was eligible because of the grandfather clause of Article 2, 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;

JAMES BUCHANAN

The first President we must examine then was James Buchanan, 14th President of the United States.   He was born on April 23, 1791 in Mercersburg, Pennsylvania.  He just missed  out on the grandfather clause as the Constitution was adopted on September 17, 1787, by the Constitutional Convention in Philadelphia.   Buchanan was also the only President from Pennsylvania and the only President never to marry.

Both his parents, James Buchanan and Elizabeth Speer, emigrated to the United States from Ireland in 1783.  It was an interesting year for the United States as the Treaty of 1783 was signed between the US and Great Britain.  Colonists chose to be United States citizens and by virtue of the Treaty, Great Britain recognized those former subjects as United States citizens.

Before the Constitution, United States citizenship was conferred on citizens by the States.   When the Constitution was ratified, each citizen of a state became a citizen of the United States.  No formal naturalization was needed.

On June 21, 1788 the Constitution was ratified.  The Buchanans were citizens of Pennsylvania and therefore citizens of the United States.   When their son James was born in Pennsylvania he was therefore a natural born citizen, born on United States soil to two US citizen parents.”

Read more here:

http://naturalborncitizen.wordpress.com/

2008 election, Obama not eligible, States have power to challenge, US Constitution, US Supreme Court, Federal Election Law, State laws, Secretary of State, Election Boards, Congress, Electoral College, Berg Donofrio Wrotnowski lawsuits, Hold accountable

The founding fathers set up guidelines for presidential elections and laid out the rules in the US
Constitution and subsequently Federal Election laws. There are two aspects that stand out about the
rules. First, the eligibility requirement for president is defined. But even more clear than
presidential eligibility, the powers given to the states are clearly defined. The states are given
control of the election process through the vote by the Electoral College Electors. The state
election laws vary widely and regardless of how explicit and detailed they are written, they all
fall under the guidelines and rules of the US Constitution. The ultimate objective is to elect a
qualified president. All laws and procedures must work to that end. The Electoral College Electors
are bound to uphold the US Constitution and therefore must only vote for a constitutionally
qualified candidate.

State laws have evolved out of tradition and indeed tradition drives many procedures and opinions
about allowing candidates on ballots and proceeding through the election process to being chosen
by Electoral College Electors. Allowing candidates to appear on ballots from instructions by major
political parties has evolved into many variations by state. The political parties are given no
special powers in the US Constitution. It is clear that each state has the full power and obligation
to ensure that a candidate running for president is qualified to hold office. To do otherwise
threatens to disenfranchise a myriad of voters. The citizens of each state expect state officers and
election officials to protect them and their votes.

It is clear that the states have been given the power to control the election process through the
Electors vote. Some states have recognized their power to challenge eligibility in state laws. It is also
clear in the Tenth Amendment to the US Constitution, part of the Bill of
Rights, that any powers not reserved for the federal government or the states, are reserved for the
people. Any state taking the position, incorrectly, that they have no power to challenge the
credentials of a presidential candidate have relinquished that power to their citizens.

One thing is clear from the research I have done. There is much confusion and misunderstanding about
the election process and responsibilities. As stated above, tradition is a huge driving force. I have
reviewed the US Constitution, Federal Election law and many state election statutes. I have also read
legal opinions and writings from constitutional experts. Below are federal and state laws and the major
players who have responsibilities in governing elections, state officers and election officials, judges
and congressmen.

Read about the US Constitution, Federal Law and Electors

Laws applicable in NC

Examples of state laws that address the issue of challenging eligibility

North Carolina

NC Statute § 163-114.  Filling vacancies among party nominees occurring after nomination and before election.

“If any person nominated as a candidate of a political party for one of the offices listed below (either in a primary or convention or by virtue of having no opposition in a primary) dies, resigns, or for any reason becomes ineligible or disqualified before the date of the ensuing general election, the vacancy shall be filled by appointment according to the following instructions:
Position

President 

Vacancy is to be filled by appointment of national executive
committee of political party in which vacancy occurs”

Georgia

§ 21-2-5.  Qualifications of candidates for federal and state office; determination of qualifications
“(a) Every candidate for federal and state office who is certified by the state executive committee of a political party or who files a notice of candidacy shall meet the constitutional and statutory qualifications for holding the office being sought.

(b) The Secretary of State upon his or her own motion may challenge the qualifications of any candidate at any time prior to the election of such candidate. Within two weeks after the deadline for qualifying, any elector who is eligible to vote for a candidate may challenge the qualifications of the candidate by filing a written complaint with the Secretary of State giving the reasons why the elector believes the candidate is not qualified to seek and hold the public office for which he or she is offering. Upon his or her own motion or upon a challenge being filed, the Secretary of State shall notify the candidate in writing that his or her qualifications are being challenged and the reasons therefor and shall advise the candidate that he or she is requesting a hearing on the matter before an administrative law judge of the Office of State Administrative Hearings pursuant to Article 2 of Chapter 13 of Title 50 and shall inform the candidate of the date, time, and place of the hearing when such information becomes available. The administrative law judge shall report his or her findings to the Secretary of State.”

Florida

102.168  Contest of election.–

“(1)  Except as provided in s. 102.171, the certification of election or nomination of any person to office, or of the result on any question submitted by referendum, may be contested in the circuit court by any unsuccessful candidate for such office or nomination thereto or by any elector qualified to vote in the election related to such candidacy, or by any taxpayer, respectively.”

Examples of ignorance, bias and tradition in positions of responsibility:

Connecticut Secretary of State
Susan Bysiewicz

“The court was satisfied that officials in Hawaii have stated that there is no doubt that the Democratic
presidential candidate was born there and that the state’s health department posseses Senator Obama’s
original birth certificate. This is now a matter of public record.”

What the Hawaii Health Officials said

Judge Surrick ruling on Philip J Berg case
Constitutional expert Ellis Washington responds:

“Constitutionally speaking, Judge Surrick’s reasoning is completely illogical and a total dereliction of his duty as a judge to substantively address this most vital constitutional controversy. Instead, in a gutless manner, Surrick dismissed Berg’s complaint 10 days before the elections on a technicality of standing, which to any rational person begs the question: If Philip J. Berg as an American citizen, a respected Democratic operative and former attorney general of Pennsylvania doesn’t have the “standing” to bring this type of lawsuit against Obama, then who in America does have standing? The good judge in all 34 pages of legal mumbo jumbo didn’t bother to answer this pivotal question.”

Read more

Senator Mel Martinez of Florida

The following is from a response from Senator Mel Martinez of Florida. Mr. Martinez clearly has no
understanding of the US Constitution  or election laws. The scary part is that Congress is part of the
last checks and balances during the election. Congress has the power to sertify the Electoral College
votes and challenge them.

“Thank you for contacting me regarding President-Elect Obama’s citizenship. I appreciate hearing from you and would like to respond to your concerns.

Like you, I believe that our federal government has the responsibility to make certain that the Constitution of the United States is not compromised. We must fight to uphold our Constitution through our courts and political processes.

Article II of the Constitution provides that “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.” The Constitution, however, does not specify how that qualification for office is to be enforced. As you may know, a voter recently raised this issue before a federal court in Pennsylvania. On October 24, 2008, the United States District Court for the Eastern District of Pennsylvania released an order in the case of Berg v.Obama.In that case, the plaintiff, Phillip Berg, raised the same issue that your letter raises regarding proof of the President-Elect’s birthplace. Through his lawsuit, Mr. Berg sought to compel President-Elect Obama to produce a certified copy of his birth certificate.

The District Court dismissed Mr. Berg’s suit and held that the question of Obama’s citizenship is not a matter for a court to decide. The court further noted that voters, not courts, should decide whether a particular presidential candidate is qualified to hold office.

Presidential candidates are vetted by voters at least twice – first in the primary elections and again in the general election. President-Elect Obama won the Democratic Party’s nomination after one of the most fiercely contested presidential primaries in American history. And, he has now been duly elected by the majority of voters in the United States. Throughout both the primary and general election, concerns about Mr. Obama’s birthplace were raised. The voters have made clear their view that Mr. Obama meets the qualifications to hold the office of President.”

I contacted Senator Martinez’ office this morning and no one has responded. If Senator Martinez would like
to respond, we welcome that. If you are a citizen of the state of Florida you may want to contact Senator
Martinez and voice your concerns over his lack of knowledge. I am certain he is not the only member of
Congress to be informed.
What we have here is a failure to communicate and a real mess.

What can we do?

Continue to inform all of those involved in the election process of their legal duties and demand that
Barack Obama prove legally that he is eligible.

For those state officers, election officials, Electors, judges and congressmen that fail to do their
job and uphold the US Constitution, hold them accountable. State laws vary but their are usually remedies
available such as recall, impeachment and dismissal. Don’t forget, you have more power than is normally
recognized. The Tenth Amendment gives us plenty of power. Also, make sure you share information with
others and ask them to do the same.

God help us if the US Supreme Court fails us

Obama birth certificate, Monday, November 24, 2008, press conference, Deputy Press Secretary Tony Fratto, Lester, US Constitution, WorldNetDaily, Called on the President-elect to release a birth certificate

The Obama camp continues to thumb their nose at the US Constitution and American people. During a press
conference today, Monday, November 24, 2008, Deputy Press Secretary Tony Fratto was asked about Obama’s birth certificate. As you will see below, the Obama presidency will be no more transparent and honest than the Obama campaign.
“And Lester, and then we’re done.

Q Thank you, Tony. Two questions. There’s been extensive media coverage of where the two Obama daughters will attend school. And my question: The White House believes that they should be able to attend the school their parents select without criticism because it’s private rather than public, don’t you?

MR. FRATTO: I think we support all parents making that decision.

Q Good. The CEO of WorldNetDaily has called on the President-elect to release a birth certificate listing the hospital and names of parents. The White House believes that this would fully satisfy the constitutional requirement, don’t you?

MR. FRATTO: I don’t think I have anything to say on that, Lester, and I think we’re going to end it right there.

Thank you.

END 11:35 A.M. EST”

Read the transcript here:

http://www.whitehouse.gov/news/releases/2008/11/20081124-1.html

Thanks to commenter venice for the heads up.

Florida 2008 election, Obama not eligible, US Constitution, Florida Election Statutes, FL Secretary of State, Kurt Browning, Contest of Election, Unsuccessful candidate, Qualified Elector, Taxpayer, Patriot call, Uphold Constitution

“These are the times that try men’s souls. The summer soldier and the sunshine patriot will, in this crisis, shrink from the service of their country; but he that stands now, deserves the love and thanks of man and woman. Tyranny, like hell, is not easily conquered; yet we have this consolation with us, that the harder the conflict, the more glorious the triumph.” —Thomas Paine 1778

Call to Patriots

Defend the US Constitution

Barack Obama, who believes that the US Constitution is outdated, has thumbed his nose at the Constitution,
and instead of providing legal proof that he is elibible to be president, engaged in legal wrangling and
diversionary tactics to avoid the issue. Obama has made it past the first hurdle, the general election. We are
now left with checks and balances provided for in the US Constitution, Federal Election law and some state
statutes.

The state of Florida has a statute provision for challenging the “certification of election or nomination of any person to office…”.

Florida Election statutes

Title IX

102.168  Contest of election.–
“(1)  Except as provided in s. 102.171, the certification of election or nomination of any person to office, or of the result on any question submitted by referendum, may be contested in the circuit court by any unsuccessful candidate for such office or nomination thereto or by any elector qualified to vote in the election related to such candidacy, or by any taxpayer, respectively.

(2)  Such contestant shall file a complaint, together with the fees prescribed in chapter 28, with the clerk of the circuit court within 10 days after midnight of the date the last board responsible for certifying the results officially certifies the results of the election being contested.

(3)  The complaint shall set forth the grounds on which the contestant intends to establish his or her right to such office or set aside the result of the election on a submitted referendum. The grounds for contesting an election under this section are:”

“(b)  Ineligibility of the successful candidate for the nomination or office in dispute.”

Citizen Wells verified this statute with the office of the Secretary of State of Florida.

So, does anyone out there have the intestinal fortitude, concern over upholding and defending the US Constitution or love for this country?

Any takers for this challenge?

Perhaps Bob Barr, who ran on the Libertarian Ticket in Florida will take this challenge. Consider this video of Mr. Barr speaking about constitutional concerns:

Obama not eligible, US Constitution, Tenth Amendment, Bill of Rights, US Supreme Court, Federal Judges, State Judges, State Election Officials, Electoral College Electors, Philip J Berg lawsuit, Leo C Donofrio lawsuit, Citizen Wells facts and arguments

To:

Justice Souter
Justice Thomas
US Supreme Court
Federal Judges
State judges
State election officials
Electoral College Electors      
US Citizens

The US Constitution must be upheld

US citizens have the right, the power and the duty to require proof of
eligibilty of presidential candidates

What I am about to write is so inherently simple and self evident,
that it may appear on the surface to be implausible. However, the
following facts and arguments flow from the founding fathers’ wisdom
and desire to protect the American citizens from tyrrany. I have read
the US Constitution, Federal election law and numerous state election
laws. I have had dialogue with offices of a number of Secretaries of State
and Election Boards. The US Constitution gives the states power over
the general election. The states control which candidates are placed
on ballots and regardless of the methodology used for doing so, I
believe the states have the power and obligation to verify eligibility
of presidential candidates. I find no federal or state law prohibiting
states from doing so and instead a constitutional duty to ensure that
a qualified candidate becomes a ballot choice for the Electoral College
Electors. Failure to do so effectively may lead to voter disenfranchisement.
I have believed and stated for weeks that the Tenth Amendment to the US Constitution gives US citizens the power to demand that a presidential
candidate prove eligbility and certainly standing in a lawsuit. A lawsuit
should not be necessary. We already have the power, directly from the
US Constitution Bill of Rights.
Argument:

  • The US Constitution clearly defines the eligibiity requirement for president.
  • The US Constitution rules.
  • The US Constitution gives states the power to choose electors. With this power comes the obligation to uphold the Constitution and protect voter rights.
  • State laws vary but are consistent in their approach to placing
    presidential candidates on the ballot.
  • Presidential Balloting evolved from tradition.
  • The two party system evolved from tradition.
  • States place presidential candidates on ballots from instructions of
    the major political parties.
  • States should have enacted laws to require proof of eligibility.
  • States are not exercising their duty to the Constitution.
  • States have the power and obligation to ensure that only eligible candidates remain on ballots. Despite compelling evidence that Barack Obama is not eligible, and notification, the states left him on the ballot.
  • States claim no power to remove a candidate when in fact they do have power over the general election process.
  • The Tenth Amendment to the Constitution gives the people power, including Phil J Berg, Leo C. Donofrio and others that have had their lawsuits dismissed in state courts.

By virtue of the powers given to the people in the Tenth Amendment in The BIll of Rights of the US Constitution, we do not have to file lawsuits to demand proof of eligibility or require state election officials to do so.

A US citizen filing a lawsuit demanding that a presidential candidate provide proof of eligibility has standing.

Facts and References

US Constitution

Bill of Rights

The Preamble to The Bill of Rights

Congress of the United States
begun and held at the City of New-York, on
Wednesday the fourth of March, one thousand seven hundred and eighty nine.

THE Conventions of a number of the States, having at the time of their adopting the Constitution, expressed a desire, in order to prevent misconstruction or abuse of its powers, that further declaratory and restrictive clauses should be added: And as extending the ground of public confidence in the Government, will best ensure the beneficent ends of its institution.

RESOLVED by the Senate and House of Representatives of the United States of America, in Congress assembled, two thirds of both Houses concurring, that the following Articles be proposed to the Legislatures of the several States, as amendments to the Constitution of the United States, all, or any of which Articles, when ratified by three fourths of the said Legislatures, to be valid to all intents and purposes, as part of the said Constitution;

viz.

ARTICLES in addition to, and Amendment of the Constitution of the United States of America, proposed by Congress, and ratified by the Legislatures of the several States, pursuant to the fifth Article of the original Constitution.
Amendment X

The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

The US Constitution defines presidential eligibility

US Constitution

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; 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.”

The US Constitution gives powers to the states for the general election.
US Constitution

Article. II.

Section. 1.

“The executive Power shall be vested in a President of the United States of America. He shall hold his Office during the Term of four Years, and, together with the Vice President, chosen for the same Term, be elected, as follows:

Each State shall appoint, in such Manner as the Legislature thereof may direct, a Number of Electors, equal to the whole Number of Senators and Representatives to which the State may be entitled in the Congress: but no Senator or Representative, or Person holding an Office of Trust or Profit under the United States, shall be appointed an Elector.”

Federal Election Law: 

“The following provisions of law governing Presidential Elections are contained in Chapter 1 of Title 3, United States Code (62 Stat. 672, as amended):

§ 8.   The electors shall vote for President and Vice President, respectively, in the manner directed by the Constitution.”

State Electoral College example: Pennsylvania Law

“§ 3192. Meeting of electors; duties.
The electors chosen, as aforesaid, shall assemble at the seat of government of this Commonwealth, at 12 o’clock noon of the day which is, or may be, directed by the Congress of the United States, and shall then and there perform the duties enjoined upon them by the Constitution and laws of the United States.”

Philip J Berg lawsuit
Judge Surrick ruling exerpts:

“If, through the political process, Congress determines that citizens, voters, or party members should police the Constitution’s eligibility requirements for the Presidency, then it is free to pass laws conferring standing on individuals like Plaintiff. Until that time, voters do not have standing to bring the sort of challenge that Plaintiff attempts to bring in the Amended Complaint.”

“…regardless of questions of causation, the grievance remains too generalized to establish the existence of an injury in fact. To reiterate: a candidate’s ineligibility under the Natural Born Citizen Clause does not result in an injury in fact to voters. By extension, the theoretical constitutional harm experienced by voters does not change as the candidacy of an allegedly ineligible candidate progresses from the primaries to the general election.”

Philip J Berg response to ruling:

“an American citizen is asking questions of a presidential candidate’s eligibility to even hold that office in the first place, and the candidate is ducking and dodging questions through legal procedure.”
“This is a question of who has standing to stand up for our Constitution,”  “If I don’t have standing, if you don’t have standing, if your neighbor doesn’t have standing to ask whether or not the likely next president of the United States–the most powerful man in the entire world–is eligible to be in that office in the first place, then who does?”

Mark J. Fitzgibbons is President of Corporate and Legal Affairs at American Target Advertising:

“October 29, 2008
Who Enforces the Constitution’s Natural Born Citizen Clause?”

“So if the Framers established that courts “shall” hear cases arising under the Constitution, and failed to authorize Congress to otherwise establish who may sue to enforce the document, then where might we find conclusively that Berg has standing to sue?

The 10th Amendment to the Constitution states that the powers not delegated to the federal government, nor prohibited to the states, remain with the states or the people.  Therefore it seems that any state or any person has standing to sue to enforce not just the Natural Born Citizen Clause, but other constitutional requirements and rights, absent some expressly written bar within the Constitution itself.”

“Chief Justice John Marshall, writing in Marbury v. Madison, said that judges have a duty to decide cases under our paramount law, the Constitution. I have lamented previously about how some judges tend to evade their duty to decide constitutional matters by resorting to court-made doctrines.  Judge Surrick’s reliance on case law to dismiss Berg’s suit for lack of standing is reasoned from a lawyer’s perspective, but not heroic and perhaps evasive of his larger duty. 
His decision to “punt” the matter to Congress creates, I suggest, a dangerous, longer and perhaps more painful constitutional quagmire than had he heard the evidence in the case.  Even had the case lacked merit, the Constitution would not have been harmed.”

Read more here:

http://www.americanthinker.com/2008/10/who_enforces_the_constitutions.html

Ellis Washington, currently a professor of law and political science at Savannah State University, former editor at the Michigan Law Review and law clerk at The Rutherford Institute, is a graduate of John Marshall Law School and a lecturer and freelance writer on constitutional law, legal history, political philosophy and critical race theory. He has written over a dozen law review articles and several books, including “The Inseparability of Law and Morality: The Constitution, Natural Law and the Rule of Law” (2002). See his law review article “Reply to Judge Richard Posner.” Washington’s latest book is “The Nuremberg Trials: Last Tragedy of the Holocaust.”

Mr. Washington wrote the following response to the Philip J Berg lawsuit and Judge Surrick ruling in a World Net Daily article dated November 8, 2008 :

“Unfortunately, just 10 days before the election, a court of appeals judge threw out Berg’s lawsuit challenging the veracity of Obama’s U.S. citizenship status on technical grounds. Judge R. Barclay Surrick, a Jimmy Carter-appointed judge, amazingly (and with a tinge of irony), stated his opinion in part:

In a 34-page memorandum that accompanied the court order, the Hon. R. Barclay Surrick concludes that ordinary citizens can’t sue to ensure that a presidential candidate actually meets the constitutional requirements of the office.
Surrick defers to Congress, saying that the legislature could determine “that citizens, voters, or party members should police the Constitution’s eligibility requirements for the Presidency,” but that it would take new laws to grant individual citizens that ability.

“Until that time,” Surrick says, “voters do not have standing to bring the sort of challenge that Plaintiff attempts to bring.”

Judge Surrick, quoting from Hollander, concludes, “The alleged harm to voters stemming from a presidential candidate’s failure to satisfy the eligibility requirements of the Natural Born Citizen Clause is not concrete or particularized enough to constitute an injury.”

Surrick also quotes Lujan v. Defenders of Wildlife, which stated, in part, “The Supreme Court has consistently held that a plaintiff raising only a generally available grievance about government – claiming only harm to his and every citizen’s interest in proper application of the Constitution and laws, and seeking relief that no more directly and tangibly benefits him than it does the public at large – does not state an Article III case or controversy.”

Constitutionally speaking, Judge Surrick’s reasoning is completely illogical and a total dereliction of his duty as a judge to substantively address this most vital constitutional controversy. Instead, in a gutless manner, Surrick dismissed Berg’s complaint 10 days before the elections on a technicality of standing, which to any rational person begs the question: If Philip J. Berg as an American citizen, a respected Democratic operative and former attorney general of Pennsylvania doesn’t have the “standing” to bring this type of lawsuit against Obama, then who in America does have standing? The good judge in all 34 pages of legal mumbo jumbo didn’t bother to answer this pivotal question.

That Berg’s complaint is not “concrete or particularized enough to constitute an injury” is an amazing admission by any person that went to law school and even more so given the fact that Surrick is a respected appellate judge!

I am somewhat hopeful that Berg will successfully appeal Surrick’s outrageous decision to 3rd Circuit Court of Appeals and then to the United States Supreme Court if necessary, even if technically he doesn’t have standing to hold Obama accountable to the Constitution. Why? Because this is America, and out of 300 million people, someone should give a damn enough about this republic to make sure the person who holds the highest elected office in the land holds it legitimately based on the black letter text of Article II, Section 1 of the U.S. Constitution.”

Read the complete article here:

http://worldnetdaily.com/index.php?fa=PAGE.view&pageId=80435

Leo C. Donofrio has a New Jersey lawsuit before the US Supreme Court

“On October 27, 2008, plaintiff-appellant, Leo Donofrio, a retired attorney acting Pro Se, sued Nina Mitchell Wells, Secretary of State of the State of New Jersey, in the Superior Court of New Jersey, Appellate Division, demanding the Secretary execute her statutory and Constitutional duties to police the security of ballots in New Jersey from fraudulent candidates ineligible to hold the office of President of the United States due to their not being “natural born citizens” as enumerated in Article 1, Section 2, of the US Constitution.”

“The cause of action first accrued on September 22, 2008, when Secretary Wells certified to county clerks, for ballot preparation, a written “statement”, prepared under her seal of office, that was required by statute to contain names of only those candidates who were “by law entitled” to be listed on ballots in New Jersey.  The statement is demanded by N.J.S.A. 19:13-22.

The law suit raises a novel contention that the statutory code undergoes legal fusion with the Secretary’s oath of office to uphold the US Constitution thereby creating a minimum standard of review based upon the “natural born citizen” requirement of Article 2, Section 1, and that the Supremacy clause of the Constitution would demand those requirements be resolved prior to the election.

The key fact, not challenged below, surrounds two conversations between the plaintiff-appellant and a key Secretary of State Election Division official wherein the official admitted, twice, that the defendant-Secretary just assumed the candidates were eligible taking no further action to actually verify that they were, in fact, eligible to the office of President.  These conversations took place on October 22nd and 23rd.” 

“Now, post-election, plaintiff is seeking review by the United States Supreme Court to finally determine the “natural born citizen” issue. Plaintiff alleged the Secretary has a legal duty to make certain the candidates pass the “natural born citizen” test.  The pre-election suit requested that New Jersey ballots be stayed as they were defective requiring replacements to feature only the names of candidates who were truly eligible to the office of President.”

Read more here:

http://www.blogtext.org/naturalborncitizen/

Summary

The states have power and control over the general elections. With this
power comes a duty to uphold the Constitution. The states, rather than
enact laws to uphold the constitution and protect the voting rights
of their citizens, have acted more on tradition. This traditional
approach has worked up until the 2008 election. We now have a candidate,
Barack Obama, who has refused to provide legal proof of eligibility in
the face of compelling evidence he is not qualified. When presented
with this evidence, the states had an obligation to require proof from
Obama.

The states had an obligation to enact legislation and did not. The states
have not exercised their inherent power and duty to require proof of
and eligibility. Therefore, by virtue of the powers reserved for the
people of the US in the Tenth Amendment to the US Constitution, US citizens have the power and obligation to demand proof of eligibility from Obama.

Citizen Wells is asking that US citizens contact state election officials
and Electoral College Electors and demand that they request proof of
eligibility from Obama. If they do not do so, initiate lawsuits and
make sure that your rights are protected and that the Constitution is
upheld. 

Citizen Wells is also issuing a caution to the US Supreme Court, Supreme
Court Justices, Federal Judges, State Judges, State Election Officials
and Electoral College Officials. You all have an overriding obligation
to uphold and defend the US Constitution. You are all accountable and
the American public is watching.

Electoral College votes, 2008 Election, Obama not eligible, Obama Indonesian, Obama birth certificate, Kenya, Hawaii, US Constitution, Congress, Philip J Berg, Proof Obama Indonesian, November 10, 2008

The US Constitution must be upheld

         Part 4

“Our Constitution is in actual operation; everything appears to promise
that it will last; but nothing in this world is certain but death and
taxes.”

Benjamin Franklin

Proof of Obama’s Indonesian citizenship from Philip J Berg’s lawsuit, First Amended Complaint:
“FACTUAL ALLEGATIONS”

“45. Obama was enrolled by his parents in a public school, Fransiskus Assisi School, a public school, in Jakarta, Indonesia. Plaintiff has received copies of the school registration in which it clearly states Obama’s name as “Barry Soetoro,” and lists his citizenship as Indonesian. Obama’s father is listed as Lolo Soetoro, Obama’s date of birth and place of birth are listed as August 4, 1961 in Hawaii, and Obama’s Religion is listed as Islam. This document was verified by Inside Edition, whose reporter, Matt Meagher, took the actual footage of the school record. At the time Obama was
registered the public schools obtained and verified the citizenship status and name of the student through the Indonesian Government. All Indonesian students were required to carry government identity cards, or Karty Tanda Pendudaks, as well as family card identification called a Kartu Keluarga. The Kartu Keluarga is a family card which bears the legal names and citizenship status of all family members.”

Here are the AP photos entered By Mr. Berg as evidence:

boindonesia1

boindonesia2

Facts regarding Obama’s Indonesian citizenship from Mr. Berg’s complaint:

“41. Even if Obama was, in fact, born in Hawaii, he lost his U.S. citizenship when his mother re-married and moved to Indonesia with her Indonesian husband. In or about 1965, when Obama was approximately four (4) years old, his mother, Stanley Ann Dunham, married Lolo Soetoro, a citizen of Indonesia, whom she had met at the Hawaii University, and moved to Indonesia with Obama. Obama lost his U.S. citizenship, when his mother married Lolo Soetoro, and took up citizenship of and residency in Indonesia. Loss of citizenship, in these circumstances, under U.S. law (as in effect in 1965) required that foreign citizenship be achieved through “application.” Such type of naturalization occurred, for example, when a person acquired a foreign nationality by marriage to a national of that country. Nationality Act of 1940, Section 317(b). A minor child follows the naturalization and citizenship status of their custodial parent. A further issue is presented that Obama’s Indonesian stepfather, Lolo Soetoro, either signed an acknowledgement acknowledging Obama as his son or Lolo Soetoro adopted Obama, giving Obama natural Indonesia citizenship which explains the name Barry Soetoro and his citizenship listed as Indonesian.

42. Obama admits in his book, “Dreams from my father” Obama’s memoir (autobiography), that after his mother and Lolo Soetoro were married, Lolo Soetoro left Hawaii rather suddenly and Obama and his mother spent months in preparation for their move to Indonesia. Obama admits when he arrived in Indonesia he had already been enrolled in an Indonesia school and his relatives were waiting to meet him and his mother. Lolo Soetoro, an Indonesian State citizen, could not have enrolled Obama in school unless Lolo Soetoro signed an acknowledgement acknowledging Obama as his son, which had to be filed with the Government. Under Indonesian law, when a male acknowledges a child as his son, it deems the son, in
this case Obama, as an Indonesian State citizen. Constitution of Republic of Indonesia, Law No. 62 of 1958 Law No. 12 of 2006 dated 1 Aug. 2006 concerning Citizenship of Republic of Indonesia, Law No. 9 of 1992 dated 31 Mar. 1992 concerning Immigration Affairs and Indonesian Civil Code (Kitab Undang-undang Hukum Perdata) (KUHPer) (Burgerlijk Wetboek voor Indonesie) states in pertinent part, State citizens of Indonesia include: (viii) children who are born outside of legal marriage from foreign State citizen mother who are acknowledged by father who is Indonesian State citizen as his children and that acknowledgment is made prior to children reaching 18 years of age or prior to marriage; Republic of Indonesia Constitution 1945, As amended by the First Amendment of 1999, the Second Amendment of 2000, the Third Amendment of 2001 and the Fourth Amendment of 2002, Chapter X, Citizens and Residents, Article 26 states, “(1) Citizens shall consist of indigenous Indonesian peoples and persons of foreign origin who have been legalized [sic] as citizens in accordance with law. (2) Residents shall consist of Indonesian citizens and foreign nationals living in Indonesia.”

43. Furthermore, under the Indonesian adoption law, once adopted by an Indonesian citizen, the adoption severs the child’s relationship to the birth parents, and the adopted child is given the same status as a natural child, Indonesian Constitution, Article 2. Thus, where Obama was actually born and what his mother’s citizenship status at the time of this birth is irrelevant.

44. The laws in Indonesia at the time of Obama’s arrival did not allow dual citizenship. If an Indonesian citizen married a foreigner, as in this case, Obama’s mother was required to renounce her U.S. citizenship and was sponsored by her Indonesian spouse. During this time, Indonesia was a Police State. The public schools did not allow foreign students, only citizens were allowed to attend as Indonesia was under strict rule and decreed a number of restrictions; therefore, in order for Obama to have attended school in Jakarta, which he did, he had to be a citizen of Indonesia, as the citizenship status of enrolled students was verified with Government records.”

“49. In addition, since Indonesia did not allow dual citizenship neither did the United States, Hague Convention of 1930.

50. In or about 1971, Obama’s mother sent Obama back to Hawaii. Obama was ten (10) years of age upon his return to Hawaii.

51. As a result of Obama’s Indonesia “natural” citizenship status, there is absolutely no way Obama could have ever regained U.S. “natural born” status, if he in fact ever held such. Obama could have only become naturalized if the proper paperwork was filed with the U.S. State Department, in which case, Obama would have received a Certification of Citizenship.

52. Plaintiff is informed, believes and thereon alleges Obama was never naturalized in the United States after his return. Obama was ten (10) years old when he returned to Hawaii to live with his grandparents. Obama’s mother did not return with him, and therefore, unable to apply for citizenship of Obama in the United States. If citizenship of Obama had ever been applied for, Obama would have a Certification of Citizenship.”

Philip J Berg’s facts regarding Obama’s ineligibility

Philip J Berg’s Amended Complaint

Help Philip J Berg uphold the Constitution:

http://obamacrimes.com

Barack Obama has provided no legal proof that he is eligible to be president.

This is the fourth part of a series of articles that are intended to inform
the American public of the election process and the applicable laws and
responsibilities of those involved. There are built in safeguards in the
election process from the Electoral College votes to the meeting of
Congress to validate the votes. It is hoped that the information provided will allow you to better understand the process and arm you as you help keep the Electoral College Electors, state officials and Congress accountable to uphold the US Constitution.

The next article in the series will present more evidence that Obama is
not eligible to be president.

Electoral College votes, 2008 Election, Obama not eligible, Obama Indonesian, Obama birth certificate, Kenya, Hawaii, US Constitution, Congress, Philip J Berg, Obama facts on eligibility, November 10, 2008

The US Constitution must be upheld

         Part 3

“Our Constitution is in actual operation; everything appears to promise
that it will last; but nothing in this world is certain but death and
taxes.”

Benjamin Franklin

Barack Obama was born in Kenya. All of the evidence we have confirms
that and unlike John McCain, who when questioned about his eligibility,
presented a vault copy of his birth certificate to Congress, Obama has
refused to prove his eligibility. Despite this fact, Philip J Berg
states in his lawsuit, which is now before the US Supreme Court, that
Obama became an Indonesian citizen and still remains one and thus is
not eligible to be president. The following well crafted statements of
fact and of the law were taken from Mr. Berg’s lawsuit:

FACTUAL ALLEGATIONS

“26. Since the beginning of the U.S. Constitution, in order to run for Office of the President, you must be a “natural born citizen” U.S. Constitution, Article II, Section 1.”

“36. Obama is a representative of the Democratic People. However, Obama must meet the Qualifications specified for the United States Office of the President, which he must be a “natural born” citizen. Additionally, Obama must be at least a “naturalized” citizen to hold his Office of U.S. Senator for Illinois. Unfortunately, Obama is not a “natural born” citizen, nor is he a “naturalized” citizen. Just to name one of the problems, Obama lost his U.S. citizenship when his mother married an Indonesian citizen, Lolo Soetoro who legally “acknowledged” Obama as his son in Indonesia and/or “adopted” Obama, which caused Obama to become a “natural” Indonesian citizen. Stanley Ann Dunham Soetoro relocated herself and Obama to Indonesia wherein Obama’s mother naturalized in Indonesia. This is proven by Obama’s school record with the student’s name as “Barry Soetoro”, Father’s name: Lolo Soetoro, M.A., and Citizenship: Indonesia.

37. There appears to be no question that Defendant Obama’s mother, Stanley Ann Dunham, was a U.S. citizen. It is also undisputed, however, that his father, Barack Obama, Sr., was a citizen of Kenya. Obama’s parents, according to divorce records, were married on or about February 2, 1961.

38. Defendant Obama claims he was born in Honolulu, Hawaii on August 4, 1961 and it is uncertain in which hospital he claims to have been born. Obama’s grandmother on his father’s side, his half-brother and half-sister all claim Obama was born not in Hawaii but in Kenya. Reports reflect that Obama’s mother traveled to Kenya during her pregnancy; however, she was prevented from boarding a flight from Kenya to Hawaii at her late stage of pregnancy (which, apparently, was a normal restriction, to avoid births during a flight). By these reports, Stanley Ann Dunham Obama gave birth to Obama in Kenya, after which she flew home and registered Obama’s birth. There are records of a “registry of birth” for Obama, on or about August 8, 1961 in the public records office in Hawaii.

39. Upon investigation into the alleged birth of Obama in Honolulu, Hawaii, Obama’s birth is reported as occurring at two (2) separate hospitals, Kapiolani Hospital and Queens Hospital. The Rainbow Edition News Letter, November 2004 Edition, published by the Education Laboratory School did a several page article of an interview with Obama and his half-sister, Maya. The Rainbow Edition News Letter reports Obama was born August 4, 1961 at Queens Medical Center in Honolulu, Hawaii. More interesting in February 2008, Obama’s half-sister, Maya, was again interviewed in the Star Bulletin, and this time, Maya states Obama was born August 4, 1961 in Kapi’olani Medical Center for Women & Children.

40. Plaintiff is informed, believes and thereon alleges a research team went to Mombassa, Kenya, and located a Certificate Registering the birth of Barack Obama, Jr. to his father, a Kenyan citizen and his mother, a U.S. citizen.

41. Even if Obama was, in fact, born in Hawaii, he lost his U.S. citizenship when his mother re-married and moved to Indonesia with her Indonesian husband. In or about 1965, when Obama was approximately four (4) years old, his mother, Stanley Ann Dunham, married Lolo Soetoro, a citizen of Indonesia, whom she had met at the Hawaii University, and moved to Indonesia with Obama. Obama lost his U.S. citizenship, when his mother married Lolo Soetoro, and took up citizenship of and residency in Indonesia. Loss of citizenship, in these circumstances, under U.S. law (as in effect in 1965) required that foreign citizenship be achieved through “application.” Such type of naturalization occurred, for example, when a person acquired a foreign nationality by marriage to a national of that country. Nationality Act of 1940, Section 317(b). A minor child follows the naturalization and citizenship status of their custodial parent. A further issue is presented that Obama’s Indonesian stepfather, Lolo Soetoro, either signed an acknowledgement acknowledging Obama as his son or Lolo Soetoro adopted Obama, giving Obama natural Indonesia citizenship which explains the name Barry Soetoro and his citizenship listed as Indonesian.

42. Obama admits in his book, “Dreams from my father” Obama’s memoir
(autobiography), that after his mother and Lolo Soetoro were married, Lolo Soetoro left Hawaii rather suddenly and Obama and his mother spent months in preparation for their move to Indonesia. Obama admits when he arrived in Indonesia he had already been enrolled in an Indonesia school and his relatives were waiting to meet him and his mother. Lolo Soetoro, an Indonesian State citizen, could not have enrolled Obama in school unless Lolo Soetoro signed an acknowledgement acknowledging Obama as his son, which had to be filed with the Government. Under Indonesian law, when a male acknowledges a child as his son, it deems the son, in this case Obama, as an Indonesian State citizen. Constitution of Republic of Indonesia, Law No. 62 of 1958 Law No. 12 of 2006 dated 1 Aug. 2006 concerning Citizenship of Republic of Indonesia, Law No. 9 of 1992 dated 31 Mar. 1992 concerning Immigration Affairs and Indonesian Civil Code (Kitab Undang-undang Hukum Perdata) (KUHPer) (Burgerlijk Wetboek voor Indonesie) states in pertinent part, State citizens of Indonesia include: (viii) children who are born outside of legal marriage from foreign State citizen mother who are acknowledged by father who is Indonesian State citizen as his children and that acknowledgment is made prior to children reaching 18 years of age or prior to marriage; Republic of Indonesia Constitution 1945, As amended by the First Amendment of 1999, the Second Amendment of 2000, the Third Amendment of 2001 and the Fourth Amendment of 2002, Chapter X, Citizens and Residents, Article 26 states, “(1) Citizens shall consist of indigenous Indonesian peoples and persons of foreign origin who have been legalized [sic] as citizens in accordance with law. (2) Residents shall consist of Indonesian citizens and foreign nationals living in Indonesia.”

43. Furthermore, under the Indonesian adoption law, once adopted by an Indonesian citizen, the adoption severs the child’s relationship to the birth parents, and the adopted child is given the same status as a natural child, Indonesian Constitution, Article 2. Thus, where Obama was actually born and what his mother’s citizenship status at the time of this birth is irrelevant.

44. The laws in Indonesia at the time of Obama’s arrival did not allow dual citizenship. If an Indonesian citizen married a foreigner, as in this case, Obama’s mother was required to renounce her U.S. citizenship and was sponsored by her Indonesian spouse. During this time, Indonesia was a Police State. The public schools did not allow foreign students, only citizens were allowed to attend as Indonesia was under strict rule and decreed a number of restrictions; therefore, in order for Obama to have attended school in Jakarta, which he did, he had to be a citizen of Indonesia, as the
citizenship status of enrolled students was verified with Government records.

45. Obama was enrolled by his parents in a public school, Fransiskus Assisi School, a public school, in Jakarta, Indonesia. Plaintiff has received copies of the school registration in which it clearly states Obama’s name as “Barry Soetoro,” and lists his citizenship as Indonesian. Obama’s father is listed as Lolo Soetoro, Obama’s date of birth and place of birth are listed as August 4, 1961 in Hawaii, and Obama’s Religion is listed as Islam. This document was verified by Inside Edition, whose reporter, Matt Meagher, took the actual footage of the school record. At the time Obama was registered the public schools obtained and verified the citizenship status and name of the student through the Indonesian Government. All Indonesian students were required to carry government identity cards, or Karty Tanda Pendudaks, as well as family card identification called a Kartu Keluarga. The Kartu Keluarga is a family card which bears the legal names and citizenship status of all family members.

46. Since Obama’s birth was legally acknowledged by Lolo Soetoro, an Indonesian citizen, and/or Obama was adopted by Lolo Soetoro, which the evidence supports, Obama became an Indonesian citizen and bears the status as an Indonesia natural child (natural-born). For this reason, Obama would have been required to file applications with the U. S. State Department and follow the legal procedures to become a naturalized citizen in the United States, when he returned from Indonesia. If Obama and/or his family failed to follow these procedures, then Obama is an illegal alien.

47. Regardless of whether Obama was officially adopted, (which required a Court process), by his Indonesian stepfather, Lolo Soetoro, or his birth was acknowledged (which only required the signing of a governmental birth acknowledgement form), by Lolo Soetoro, one of which had to occur in order for Obama to have the name Barry Soetoro and his citizenship status listed as “Indonesian”, in either and/or both cases Obama’s name was required to be changed to the Indonesian father’s name, and Obama became a natural citizen of Indonesia. This is proven by the school records in Jakarta, Indonesia showing Obama’s name as Barry Soetoro and his citizenship as Indonesian. Again, the registration of a child in the public schools in Jakarta, Indonesia was verified with the Government Records on file with the Governmental Agencies.

48. The Indonesian citizenship law was designed to prevent apatride (stateless) or bipatride (dual citizenship). Indonesian regulations recognize neither apatride nor bipatride citizenship.

49. In addition, since Indonesia did not allow dual citizenship neither did the United States, Hague Convention of 1930.

50. In or about 1971, Obama’s mother sent Obama back to Hawaii. Obama was ten (10) years of age upon his return to Hawaii.

51. As a result of Obama’s Indonesia “natural” citizenship status, there is absolutely no way Obama could have ever regained U.S. “natural born” status, if he in fact ever held such. Obama could have only become naturalized if the proper paperwork was filed with the U.S. State Department, in which case, Obama would have received a Certification of Citizenship.

52. Plaintiff is informed, believes and thereon alleges Obama was never naturalized in the United States after his return. Obama was ten (10) years old when he returned to Hawaii to live with his grandparents. Obama’s mother did not return with him, and therefore, unable to apply for citizenship of Obama in the United States. If citizenship of Obama had ever been applied for, Obama would have a Certification of Citizenship.

53. Furthermore, Obama traveled to Indonesia, Pakistan and Southern India in 1981. The relations between Pakistan and India were extremely tense and Pakistan was in turmoil and under martial law. The country was filled with Afghan refugees; and Pakistan’s Islamist-leaning Interservices Intelligence Agency (ISI) had begun to provide arms to the Afghan mujahideen and to assist the process of recruiting radicalized Muslim men–jihadists–from around the world to fight against the Soviet Union. Pakistan was so dangerous that it was on the State Department’s travel ban list for US Citizens. Non-Muslim visitors were not welcome unless sponsored by their embassy for official business. A Muslim citizen of Indonesia traveling on an Indonesian passport would have success entering Indonesia, Pakistan and India. Therefore, it is believed Obama traveled on his Indonesian passport entering the Countries. Indonesian passports require renewal every five (5) years. At the time of Obama’s travels to Indonesia, Pakistan and India, Obama was twenty (20) years old. If Obama would have been a U.S. citizen, which he was not, 8 USC §1481(a)(2) provides loss of nationality by native born citizens upon “taking an oath or making an affirmation or other formal declaration of allegiance to a foreign state…after having
attained the age of eighteen years”, in violation of 8 U.S.C. §1401(a)(1). Since Lolo Soetoro legally acknowledged Obama as his son and/or adopted Obama, Obama was a “natural” citizen of Indonesia, as proven by Obama’s school record.

54. Plaintiff is informed, believes and thereon alleges Obama stated his citizenship as a “Kenya Citizen” when he applied for and was accepted at Columbia University. Obama has refused to release any records from Occidental College, Columbia University, Harvard Law School and any of his medical records.

55. Plaintiffs as well as many other democratic American citizens have requested proof of Obama’s citizenship status, however to no avail. Obama has promised to be an open and honest candidate, however, refuses to remove any doubts from Plaintiff’s and all the other democratic minds and prove his eligibility to serve as President of the United States.”

“62. The Federal Bureau of Investigation (FBI) does not perform background checks and/or verify their eligibility on our Candidates to hold Office. According to the FBI, once a candidate is voted into Office of Congress, they are members of Congress and therefore they are given a Secret Clearance, again, without any type of background check and/or verification processes performed.”

“66. Plaintiff has attempted to obtain the verification and proof requested herein by way of requests, filing this action, Admissions and Request for Production of Documents served upon Defendants September 15, 2008 and by Subpoenas served upon agencies who could supply the documentation to prove Obama’s citizenship status. To date, Plaintiff has not received anything. Plaintiff has received five (5) letters from agencies that were served with subpoenas claiming they need Obama’s signatures to comply and/or the confidentiality of the documents were protected from disclosure to third parties under 5 U.S. C. § 552. The Freedom of Information Act (FOIA), 5 U.S.C. § 552(a) allows for the disclosure of documents. If the documents contain confidential information, the Agency is required to redact the confidential part, e.g. social security number.”

“72. Plaintiff is requesting through this lawsuit an Order for Obama, the DNC, the FEC, the U.S. Senate, Commission on Rules and Administration and the Pennsylvania Department of State, Bureau of Commissions, Elections and Legislation to immediately turn over to Plaintiff the following documents:

  • (a) A certified copy of Obama’s “vault” (original long version) birth
    certificate;
  • (b) All reissued and sealed birth certificates of Obama;
  • (c) A certified copy of Obama’s Certification of Citizenship;
  • (d) A certified copy of Obama’s Oath of Allegiance taken upon age of
    majority; and
  • (e) Certified copies of Obama’s Admission forms for Occidental College,
    Columbia University and Harvard Law School.”

“75. Obama does not and has not been eligible to be constituted a United States “natural born” citizen and has failed to obtain and/or maintain “naturalized” citizenship status.

76. Obama, if born in Kenya would have made him a citizen of Kenya. Furthermore, because of the 1940 Naturalization Act, June 1952, Obama’s mother would have had to be nineteen (19) in order for Obama to be a “natural born” United States citizen. Obama’s mother was only eighteen (18) when she had Obama and therefore was not old enough to meet the residency requirements under our laws at the time of Obama’s birth and be able to register her son’s birth as a “natural born” citizen.
 
77. Even if Obama would have been able to be registered as a U.S. “natural born” citizen in Hawaii, which was not legally permissible, he lost his citizenship in the United States when his mother married Lolo Soetoro, a citizen of Indonesia, and became a naturalized citizen in Indonesia and set up residency in Indonesia with her new husband. Minor’s follow their custodial parent’s citizenship status.

78. Moreover, Obama’s Indonesian step father, Lolo Soetoro, signed a Government acknowledgement form acknowledging Obama as his son and/or legally adopted Obama, either of which changed Obama’s citizenship status to a “natural” citizen of Indonesia. Thus, Obama could have only obtained Naturalized citizenship status in the United States, if in fact he and/or his family filed the proper immigration paperwork after his return to the United States from Indonesia.

79. Obama’s Indonesian citizenship status is proven on his school record with a public school in Jakarta Indonesia, which he attended. Obama’s school record clearly states his name Barry Soetoro, his citizenship, Indonesian, his religion Islam. This information was verified by the public schools in Jakarta upon registration of the student with the Indonesian Government. Indonesia did not allow foreign students to attend their schools and Indonesia Immigration Officials and the Police frequently visited the schools to ensure the students attending were all Indonesian citizens pursuant to the laws.

80. Students attending the public school system in Jakarta Indonesia at the time Obama attended had to wear and/or carry with them identification cards, again which were verified with the Governments records in Indonesia. The student’s identification cards displayed their citizenship number, their legal name, their parents names, etc. The identification cards had to match the student’s school enrollment information.

81. Plaintiff is informed, believes and thereon alleges Obama stated his citizenship as Kenyan on his College Admission forms to Occidental College, Columbia University and Harvard Law School.”

“102. Obama was born in Mombosa, Kenya, and his mother was not old enough to pass on U.S. “natural born” citizenship status to Obama, United States of America v. Cervantes-Nava, 281 F.3d 501 (2002), Drozd v. I.N.S., 155 F.3d 81, 85-88 (2d Cir.1998).

103. Additionally, Obama lost any “naturalized” citizenship status when he b e c a m e a “natural” citizen of Indonesia. Obama’s mother married Lolo Soetoro an Indonesian Citizen in or about 1964/1965. Lolo Soetoro acknowledged Obama as his son and/or adopted Obama thus changing his citizenship status to a “natural” citizen of Indonesia. Under Indonesian law, when a male acknowledges a child as his son, it deems the son, in this case Obama, as an Indonesian State citizen. Constitution of Republic of Indonesia, Law No. 62 of 1958 Law No. 12 of 2006 dated 1 Aug. 2006
concerning Citizenship of Republic of Indonesia, Law No. 9 of 1992 dated 31 Mar. 1992 concerning Immigration Affairs and Indonesian Civil Code (Kitab Undangundang Hukum Perdata) (KUHPer) (Burgerlijk Wetboek voor Indonesie). Republic of Indonesia Constitution 1945, as amended by the First Amendment of 1999, the Second Amendment of 2000, the Third Amendment of 2001 and the Fourth Amendment of 2002, Chapter X, Citizens and Residents, Article 26 states “(1) Citizens shall consist of indigenous Indonesian peoples and persons of foreign origin who have been legalized as citizens in accordance with law. (2) Residents shall consist of Indonesian citizens and foreign nationals living in Indonesia.” Obama was a “natural” citizen of Indonesia and not a foreign national, as proven by his Indonesian school registration.”

“134. Obama further committed Fraud upon Plaintiff and the American people by falsifying information on his Illinois State Bar Registration and Public Disciplinary Record. Obama stated on his Application to the State Bar of Illinois, as proven by the Illinois State Bar Registration and Disciplinary Record, stating he never used any other names. Obama signed his application/registration for the Illinois State Bar under the penalty of perjury knowing the information to be false. The fact of the matter is
Obama used the name Barry Soetoro in Indonesia and was registered as a citizen of Indonesia on his school records. Obama further used the name Barry Obama and it is further believed Obama used the name Barack and/or Barry Dunham.

135. Obama attempted to defraud Plaintiff and the American people by allowing an altered and forged Hawaii Certification of Live Birth (COLB) to be placed on his campaign website. Obama was well aware the Government issued COLB was altered and forged as the original document was in the name of Maya Kasandra Soetoro born in 1970. Maya Kassandra Soetoro’s Obama’s half sister who was born in Indonesia and her birth was later registered in Hawaii. The altered and forged COLB is still on
O b a m a ’ s c a m p a i g n w e b s i t e l o c a t e d a t
http://my.barackobama.com/page/invite/birthcert

136. Furthermore, Obama traveled to Indonesia, Pakistan and Southern India in 1981. The relations between Pakistan and India were extremely tense and Pakistan was in turmoil and under martial law. The country was filled with Afghan refugees; and Pakistan’s Islamist-leaning Interservices Intelligence Agency (ISI) had begun to provide arms to the Afghan mujahideen and to assist the process of recruiting radicalized Muslim men–jihadists–from around the world to fight against the Soviet Union. Pakistan was so dangerous that it was on the State Department’s travel ban list for US Citizens. Non-Muslim visitors were not welcome unless sponsored by their embassy for official business. A Muslim citizen of Indonesia traveling on an
Indonesian passport would have success entering Indonesia, Pakistan and India. Therefore, it is believed Obama traveled on his Indonesian passport entering the Countries. Indonesian passports require renewal every five (5) years. At the time of Obama’s travels to Indonesia, Pakistan and India, Obama was twenty (20) years old. If Obama would have been a U.S. citizen, which he was not, 8 USC §1481(a)(2) provides loss of nationality by native born citizens upon “taking an oath or making an affirmation or other formal declaration of allegiance to a foreign state…after having attained the age of eighteen years”, in violation of 8 U.S.C. §1401(a)(1). More importantly, in order to obtain an Indonesian Passport, you had to be an Indonesian citizen. Since Lolo Soetoro legally acknowledged Obama as his son and/or adopted Obama, Obama was a “natural” citizen of Indonesia, as proven by Obama’s school record.”

“168. Obama promises on his website to End Deceptive Voting Practices. “Obama states he will sign into law his legislation that establishes harsh penalties for those who have engaged in voter fraud and provide voters who have been misinformed with accurate and full information so they can vote.” Obama has made the promises however, has been dishonest regarding his citizenship status and has refused to prove his citizenship status so Plaintiff and other voter’s can be well educated into our Presidential candidate.

169. Obama states on his webpage at http://factcheck.barackobama.com “I want to campaign the same way I govern, which is to respond directly and forcefully w i t h the truth” ~ Barack Obama, 11/08/07. Unfortunately, this is not true, Obama has not been honest about his citizenship and he has refused to provide proof of his citizenship status. Instead, Obama and his campaign placed an image on Obama’s website purporting to be an original Certification of Live Birth (COLB) of Obama’s from Hawaii. It was later determined the COLB on www.fightthesmears.com turned out to be an altered and forged COLB.”

Help Philip J Berg uphold the Constitution:

http://obamacrimes.com

This is the third part of a series of articles that are intended to inform
the American public of the election process and the applicable laws and
responsibilities of those involved. There are built in safeguards in the
election process from the Electoral College votes to the meeting of
Congress to validate the votes. It is hoped that the information provided
will allow you to better understand the process and arm you as you
help keep the Electoral College Electors, state officials and Congress
accountable to uphold the US Constitution.

The next article in the series will present evidence of Obama being an
Indonesian citizen. Remember, according to Mr. Berg, this is the primary
reason Obama is not eligible to be president.

 

Electoral College votes, 2008 Election, Obama not eligible, Obama Indonesian, Obama birth certificate, Kenya, Hawaii, US Constitution, Congress, Philip J Berg, Obama camp threats, November 10, 2008

The US Constitution must be upheld

         Part 2

“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;”

US Constitution, Article II, Section 1

” Congress shall make no law respecting an establishment of religion, or
prohibiting the free exercise thereof; or abridging the freedom of speech,
or of the press; or the right of the people peaceably to assemble, and to
petition the Government for a redress of grievances.”

US Constitution, Amendment I

“The right of citizens of the United States to vote shall not be denied
or abridged by the United States or by any State on account of race,
color, or previous condition of servitude.”

US Constitution, Amendment XV, Section 1

Are any of the above provisions of the US Constitution not important?

All during the 2008 election, people have received personal attacks and
death threats for questioning Barack Obama. Obama has contributed to
this Nazi Germany, Brownshirt like atmosphere. Obama is not eligible to
be president. The US Constitution must be upheld despite threats of
recial tensions and race riots. Do the people threatening race riots
want to ignore the Constitution? If so, perhaps they want the part
ensuring the right to all people to vote to be ignored. The following is from the Philip J Berg amended complaint that states Obama is not eligible
to be presidednt. The lawsuit is currently before the US Supreme Court:
“94. On September 2, 2008, an avid Obama supporter, Fatimah Ali, an Opinion writer for The Philadelphia Daily News reported Ms. Ali’s opinion, “If  McCain wins, look for a full-fledged race and class war, fueled by a deflated and depressed country, soaring crime, homelessness – hopelessness!”

95. Fox News followed this story publishing, “A fanatical Obama supporter in Philadelphia is threatening a race war if John McCain wins”

96. Obama stated to a crowd of his supporters, “I need you to go out and talk to your friends and talk to your neighbors. I want you to talk to them whether they are independent or whether they are Republican. I want you to argue with them and get in their face…You are my Ambassadors”, as quoted in a newspaper article published in the San Francisco Gate, by Kathleen Hennessey, Associated Press Writer, on September 17, 2008. Obama is furthering racial tension and promoting attacks on non-supporters, which is creating racial tension and violence in our communities, of which Plaintiff has been victim too.

97. Obama and his campaign have abused their position and the law for intimidation purposes to stop people from free speech when the speech includes criticism or questioning of Obama in violation of Plaintiff’s and other American’s civil Rights.

98. Missouri Governor Matt Blunt issued a Press Release stating in pertinent part, “What Senator Obama and his helpers are doing is scandalous beyond words…… abusing the justice system and offices of public trust to silence political criticism with threats of prosecution and criminal punishment. This abuse of the law for intimidation insults the most sacred principles and ideals of Jefferson. I can think of nothing more offensive to Jefferson’s thinking than using the power of the state to deprive Americans of their civil rights. The only conceivable purpose of Messrs. McCulloch, Obama and the others is to frighten people away from expressing themselves, to chill free and open debate, to suppress support and donations to conservative organizations targeted by this anti-civil rights, to strangle criticism of Mr. Obama, to suppress ads about his support of higher taxes, and to choke out criticism on television, radio, the Internet, blogs, e-mail and daily conversation about the election. “Barack Obama needs to grow up……Enlisting Missouri law enforcement to intimidate people and kill free debate is reminiscent of the Sedition Acts – not a free society.”

99. As a result of Obama’s message to the People of America, Plaintiff has suffered damage to his reputation and discrimination and fears for his safety as a result of attempting to protect his rights and verify the eligibility of Obama to serve as President of the United States. Plaintiff has been repeatedly called a racist and verbally assaulted for bringing forward this lawsuit against Obama. Plaintiff is not a racist and is a paid Life Member of the NAACP. Plaintiff has received numerous nasty emails accusing him of being a racist as a result of filing this action against Obama. Moreover, Plaintiff has been verbally assaulted by black individuals at a local store he frequents as well as in public for bringing suit against Obama questioning his citizenship status. All of which is in violation of Plaintiff’s right’s to due process of the law, equal protection of the laws and the Liberty Clause secured by the Fourteenth Amendment of the U.S. Constitution.

100. Defendants are attempting to change our United States Constitution without proper due process of law by allowing Obama to continue his campaign and continue seeking election as the President of the United States, knowing he is not a “natural born” citizen and the fact he may not even be a “naturalized” citizen.

101. It has been announced in the main stream media that Obama’s “briefing” has already begun into our National Secrets, our Nations Top Secrets, which Obama is not privy too and in violation of our National Security, as Obama is not a legal citizen of the United States. This has placed Plaintiff and other citizens of the United States in grave danger. Plaintiff’s Life, Liberty and Property rights guaranteed by the Fourteenth Amendment of the U.S. Constitution will further be violated if Obama is allowed to be voted into and assume the position of President of the United States; Plaintiff will be further damaged and is in serious jeopardy.”

 The US Constitution must be upheld for the good of all citizens regardless of the consequences. The rule of law must be maintained.

I hope that Justice Souter and the US Supreme Court will uphold the US Constitution. God help us if they do not.

Help Philip J Berg uphold the Constitution:

http://obamacrimes.com

This is the second part of a series of articles that are intended to inform
the American public of the election process and the applicable laws and
responsibilities of those involved. There are built in safeguards in the
election process from the Electoral College votes to the meeting of
Congress to validate the votes. It is hoped that the information provided
will allow you to better understand the process and arm you as you
help keep the Electoral College Electors, state officials and Congress
accountable to uphold the US Constitution.

Many people have been confused about the Philip J Berg lawsuit and the main contention of Mr. Berg and others regarding Obama not being eligible to be president. The next article, part three, will present the arguments from Mr. Berg’s lawsuit, separated from the other parts of the lawsuit. Mr. Berg maintains, as I do, that Obama was born in Kenya. However, the  main argument of the Berg lawsuit is that Obama became an Indonesian citizen, he remains an Indonsian citizen and is an illegal alien, regardless of where he was born.