Philip J. Berg, a former University of Toledo law student, is suing Sen. Barack Obama, asking questions about the Democratic presidential nominee's citizenship. Berg doesn't believe he was born in the United States and if the Illinois senator is elected, it would cause a crisis within the U.S. Constitution. Obama's campaign contends he was born in Hawaii. FOX Toledo's Kristi Leigh investigates.
Updated: Information added to expose the fact that Barack Hussein Obama is not a natural US citizen
If this is true maybe Barack Hussein Obama does have a Hawaiian Birth Certificate but as this article states under any law it is not valid which would mean Obama is not and never has been a US citizen!
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Understand, the Hawaiian Authorities may be able to Issue a Hawaiian Birth Certificate under these circumstances but they cannot make you a US Citizen. A child born in Kenya to and underage US Female and a UK and Colonies Citizen in 1961 was not born a US Citizen under any US Federal Law, under British Law, or International Law. The only way such an Individual could be a US Citizen in terms of the XIVth Amendment, or any Statute, or Code of US Federal Law is by Naturalization.
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Another bomb shell shocker could be comming
Michelle Obama tried trawling the “very single mother” canard. Were he illegitimate there is precedent and Statute that says if his parents were unmarried at the time of his birth he would have become a Citizen of the USA at Birth under Title III of the Immigration and Nationality Act Section 309. [8 U.S.C. 1409]. However, as Miller v Albright, 523 US 420 (1998) demonstrates there is, and was, a split in the Supreme Court as to whether this Law is in fact Constitutional under the XIVth Amendment. A new case might change the precedent. For now it stands.
(Under this law one of the unmarried parents must be a US Citizen and Obama's mother at the time of birth had not met the legal requirement)
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The article below is explosive and exposes the Obama FRAUD!
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Barack Hussein Obama II
By Judah Benjamin, Guest Author
It has been asserted by a number of sources, including Andy Martin, that Barack Hussein Obama was born in Mombasa, Kenya and not in Hawaii. Philip Berg’s Latest Motion to the Court is more explicit since it gives an exact Place of Birth. I must assume that Berg did not simply pluck the Location out of thin air, Mombasa has more than one Hospital, though Coast Provincial General was the best in 1961.
British Birth Certificates have a Standard Format which has been more or less the same since 1837 and they can only be challenged in a British Court. Kenyan Law is explicit and can only be challenged in a Kenyan Court. Indonesian Law is explicit and can only be challenged in an Indonesian Court. Be clear, if Obama was born in Kenya this is not simply a matter for the US Courts, or US Law.
If he was born in Kenya, and his parents were Legally Married [which on the Preponderance of Evidence they were, his father's first "Marriage" being a Tribal, or Village, Marriage, which was not Legally Recognized] due to the age of his mother he would NOT have been a US Citizen. The Immigration and Nationality Act 1952, 8 U.S.C. 1401. Sec. 301 (g) [Effective November 14, 1986] does not apply, nor does Title III, Immigration and Nationality Act Section 309. [8 U.S.C. 1409].
Unless he has taken the Oath of Allegiance as a Naturalized Citizen since he was 18 years old, and if he was born in Mombasa, Kenya, Barack Hussein Obama II would not be a US Citizen, period. The issue of whether or not he was Natural Born under Article II of the Constitution of the United States would cease to matter and he would need to be Deported as an Illegal Alien.
Impeachment as a Senator would seem not to be necessary since he would never Legally have been one, but Diane Feinstein and the members of the Senate Ethics and Rules Committee would be liable to Impeachment. So would their opposite numbers in the Illinois Senate and the appropriate officials of the Illinois State Supreme Court and Bar, so far as I can see.
If Senator Barack Hussein Obama II was born in The Coast Provincial General Hospital at Mombasa in Kenya at 7.24 PM on August 4th 1961, or at any other time, he is not a Natural Born Citizen of these United States and he never was. Philip J Berg, Esq, is correct, under the Nationality Act of 1940, as Revised June 1952 and in accord with United States of America vs Cervantes-Nava 281 F 3d 501 (2002) and Drozd vs INS, 155 F 3d 81, 85-88 (2d Circuit 1998) Senator Barack Hussein Obama II would not ever have been a Legal US Citizen at all, unless he was Naturalized.
If he was born in The Coast Provincial General Hospital at Mombasa in Kenya any Certificate, or Certification of Live Birth, issued for him by the State of Hawaii is a Fraudulent and Illegal Document. At Birth he would have been a UK and Colonies Citizen and in accord with the Kenyan Constitution he would have become a Kenyan Citizen in December 1963. He would not have been a US Citizen.
Alternatively, his UK and Colonies Birth Certificate issued in Mombasa in August 1961 could be a Fraudulent and Illegal Document. The two BCs would need to be compared. By this I mean the Original Vault Copy of the Hawaiian Birth Certificate and not the Amended, Post Adoption, Copy, Legally available to the Senator, assuming he was, as indicated by the Preponderance of Evidence, Adopted by Lolo Soetoro. This case might also need to go through the UK and Kenyan Courts and becomes a Matter of International Law and Controversy.
If Barack Hussein Obama II was born at The Coast Provincial General Hospital at Mombasa in Kenya at 7:24 PM on August 4th 1961, or at any other time, it is certain that he is not Eligible to hold the Offices of POTUS or VPOTUS and highly probable that he is not Legally entitled to hold the Office of Senator either and that he was not Eligible to be an Illinois State Senator.
In that event the Senate Ethics and Rules Committee, Chair Diane Feinstein, have a problem because they are responsible for the Certification of a Candidate’s Compliance with Constitutional Requirements, a job they would have conspicuously failed to do. Should he be Elected the poisoned Chalice would pass to Nancy Pelosi because as Speaker of the House she, and the House, have the Responsibility to ensure that the President Elect can Effectively be Sworn In and Legally Assume the Office and Duties of the President.
Be very clear here, if Barack Hussein Obama II was born at The Coast Provincial General Hospital at Mombasa in Kenya at 7:24 PM on August 4th 1961, or at any other time, Diane Feinstein’s Committee have already failed in their Duty, as has every Secretary of State in the Union.
Let me repeat myself, if Barack Hussein Obama II was born in The Coast Provincial General Hospital at Mombasa in Kenya at 7:24 PM on August 4th 1961, or at any other time, he is not a Natural Born Citizen of these United States and he never was, he is not even a Citizen by Birth. I had assumed ab initio that Obama was born in Hawaii and that his Hawaiian Paperwork was basically “on the up and up”, I could not conceive that a lie of this magnitude was possible, I thought that the INS would have caught on long since. If he is a US Citizen under these circumstances his Oath of Allegiance must be on Record somewhere. If it isn’t he is not a US Citizen.
Hawaii may Legally be able to Issue a Birth Certificate under these circumstances, according to their own Code, but it would breach of International and Federal Law if they have. It would breach Hawaiian Law if the Place of Birth is spurious.
“[§338-17.8] Certificates for children born out of State. (a) Upon application of an adult or the legal parents of a minor child, the director of health shall issue a birth certificate for such adult or minor, provided that proof has been submitted to the director of health that the legal parents of such individual while living without the Territory or State of Hawaii had declared the Territory or State of Hawaii as their legal residence for at least one year immediately preceding the birth or adoption of such child.
(b) Proof of legal residency shall be submitted to the director of health in any manner that the director shall deem appropriate. The director of health may also adopt any rules pursuant to chapter 91 that he or she may deem necessary or proper to prevent fraudulent applications for birth certificates and to require any further information or proof of events necessary for completion of a birth certificate.”
So by that section he could get a certificate claiming Hawaiian birth even if he was physically born outside the US but the Place of Birth would need to be correctly recorded.
Understand, the Hawaiian Authorities may be able to Issue a Hawaiian Birth Certificate under these circumstances but they cannot make you a US Citizen. A child born in Kenya to and underage US Female and a UK and Colonies Citizen in 1961 was not born a US Citizen under any US Federal Law, under British Law, or International Law. The only way such an Individual could be a US Citizen in terms of the XIVth Amendment, or any Statute, or Code of US Federal Law is by Naturalization.
Under Common Law no Person can Testify as to their own Place of Birth, this is established Law upheld by stare decisis. Therefore it would be possible, even given the he was born in Kenya, for Obama to claim that he believed a Hawaiian Birth Certificate made him a US Citizen under the XIVth Amendment and that therefore he was acting in Good Faith running for an Office which he was Constitutionally Incapable of Holding. Unfortunately for him, his actions in regard to the Admission of his UK & Colonies and Kenyan Citizenships and his Indonesian Citizenship by Adoption, his frequent apparent Breaches of the Logan Act, his probable breaches of the Hobbs Act, the Hatch Act, USC Title 18 Part One Chapter 63 § 1346 and the RICO Statute make this Defense wholly Untenable, especially when one considers the fact that he holds a JD from Harvard Law. One may throw in the Misprision Statute for good measure. It is difficult to find any action or statement of Obama’s since 1992 that could be used to suggest Good Faith could be used as a Defense in this Case. I am not saying that Obama is Guilty of any of these Felonies or High Misdemeanors, only that his actions and pronouncements are such as to lead to a reasonable suspicion that he may be.
Under INA §349 “2. taking an oath or making an affirmation or other formal declaration of allegiance to a foreign state or a political subdivision thereof after having attained the age of eighteen years.” This is an “Expatriating Clause”, if you hold Dual Citizenship and do this you void your US Citizenship. Well Obama campaigned actively for Odinga in Kenya and apparently also took some kind of Luo Tribal Loyalty Oath. He may also have joined Odinga’s party. Of course his Dual Nationality lapsed in 1982 but INA §349 could, perhaps, still apply here, if he was born in Mombasa. It might even be concluded that Obama was providing grounds to restore his Kenyan Citizenship by Prime Ministerial Decree, which is Legal under the Kenyan Constitution. That would certainly look Expatriating to me, but I do not know how a Court would react.
Text of S. Res. 511: A resolution recognizing that John Sidney McCain, III, is a natural born citizen
There is indirect reason to believe that this may be true. “2d Session S. RES. 511: Recognizing that John Sidney McCain, III, is a natural born citizen.: In the Senate of the United States.” was Sponsored by Senator McCaskill and co-sponsored by Senators Leahy, Obama, Coburn, Clinton and Webb. Why? Why were Democratic Senators trying to pass a Resolution making Senator McCain undoubtedly Legally Eligible when this issue had already been cleared up in 2000 and again in 2004? And why did Senators McCaskill and Obama reportedly insert the following Clause?
“Whereas previous presidential candidates were born outside of the United States of America and were understood to be eligible to be President;”
This Clause has no particular relevance to McCain and the following Clause, which it is reported McCaskill and Obama attempted to REMOVE shows that:
“; and Whereas John Sidney McCain, III, was born to American citizens on an American military base in the Panama Canal Zone in 1936:”
It seems clear that McCaskill and Obama were attempting to create a blanket Resolution covering ALL Foreign Born candidates. Why do that if not to benefit a Foreign Born Democratic Candidate, who did not have a US Military background?
McCain did not need this resolution, Richardson did not need this Resolution, so far as I can see nobody needed this Resolution unless somebody in the race was born outside the USA and was “Covering his/her Ass” and the only individual in the race that that could apply to was Senator Obama! This in turn would show that the Senator is a liar who has been peddling untruths about his birth for at least 16 years!
Likewise it would explain why Michelle Obama tried trawling the “very single mother” canard. Were he illegitimate there is precedent and Statute that says if his parents were unmarried at the time of his birth he would have become a Citizen of the USA at Birth under Title III of the Immigration and Nationality Act Section 309. [8 U.S.C. 1409]. However, as Miller v Albright, 523 US 420 (1998) demonstrates there is, and was, a split in the Supreme Court as to whether this Law is in fact Constitutional under the XIVth Amendment. A new case might change the precedent. For now it stands.
I do not insist that any of this is true and to me it makes little difference if it is, I hold him Ineligible anyway and have seen no solid Legal Rebuttal of my view from any source, but if he was born in Kenya he has, and can have, no defense of any description and any Document he has from Hawaii is Fraudulent on several levels. To hold the Office of POTUS one must be a Natural Born United States Citizen, if he was born in Mombasa Obama probably isn’t even a United States Citizen much less Natural Born. He would be guilty of Fraud and a list of other offenses and any and all persons who had aided him would be guilty of Misprision, in all probability.
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ADDITIONAL INFORMATION ABOUT THE CONGRESS AND THE CONSTITUITION
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Congress is the place to challenge McCain’s or Obama’s qualifications to be President
The New York Times has twice ran articles questioning whether John McCain’s birth in the Panama Canal Zone would disqualify him to be President based on Article II of the U.S. Constitution: “No Person except a natural born Citizen . . . shall be eligible to the Office of President”. “Natural born” is not defined. The blogosphere is ripe with speculation that Obama may also fail to meet the qualification, since his supporters posted online an inauthentic copy of a birth certificate purporting to be for Barack Obama. The allegations have raised the specter of a challenge to either candidates’ eligibility to be President. Congress, not the courts are the constitutionally correct place to determine whether a President elect meets all of the qualifications to hold the Office of President.
Both Article II Section 1 and Amendment XII of the US Constitution call for President of the Senate to count the electors votes. There are procedures for Congress to make the choice if no one has a majority. Amendment XX has procedures for dealing with a situation where “the President elect shall have failed to qualify”. While it is not spelled out who judges the President's qualification the constitutionally correct place would be in Congress since all the duties surrounding the issue are designated to Congress and no one else is given the authority.
It is not spelled out but if a challenge were made at the time the electors’ votes are counted Congress would have to deal with the issue. Evidence could be presented and testimony heard, then a decision would have to be made. There is nothing in the Constitution giving the courts authority to make the decision; lawyers think the courts are always the place for making decisions so they don’t think of other options that fit better with the structure of the Constitution. It does not matter whether the challenge is to the election of McCain, Obama or anyone else, the process would be the same.
If the defect in the President’s qualifications were to come to light after the President was sworn in then the procedures for impeachment would be appropriate, since running for office in violation of the constitutional requirement for being a “natural born Citizen” would be high Crime or Misdemeanor.
The Senate has already expressed the opinion that McCain is a "natural born Citizen" and eligible for the Office of the President. Senator Patrick Leahy (D-Vt.) and Claire McCaskill (D-Mo.) introduced the resolution during April of this year after the first New York Times article. Obama might be required to present a Birth Certificate if his qualifications were challenged and then the issue would be resolved. Since all of the authority for counting the electors and dealing with a President elect who fails to qualify rest with Congress, Congress is also the appropriate place to determine the President’s qualifications.
From the Constitution of The United States of America, Amendment XX, Section 3:
If, at the time fixed for the beginning of the term of the President, the President elect shall have died, the Vice President elect shall become President. If a President shall not have been chosen before the time fixed for the beginning of his term, or [if the President elect shall have failed to qualify], then the Vice President elect shall act as President until a President shall have qualified; and the Congress may by law provide for the case wherein neither a President elect nor a Vice President shall have qualified, declaring who shall then act as President, or the manner in which one who is to act shall be selected, and such person shall act accordingly until a President or Vice President shall have qualified.
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HERE IS WHAT THE AMERICAN PEOPLE NEED TO DO. Write, call, email the congress to demand that Barack Hussein Obama presents a valid birth certificate that verifies he is a natural born US citizen at the time the electors' votes are counted!
Amendment XX has procedures for dealing with a situation where “the President elect shall have failed to qualify”. All the duties surrounding the issue of counting the electors ballots and selecting the President if no clear winner exits are designated to Congress, the courts have no role to play.
It is not spelled out but if a challenge to a President’s qualifications were made at the time the electors’ votes are counted, Congress would have to deal with the issue.
Evidence could be presented and testimony heard, then a decision would have to be made. There is nothing in the Constitution giving the courts authority to make the decision; lawyers think the courts are always the place for making decisions so they don’t think of other options that fit better with the structure of the Constitution.
It does not matter whether the challenge is to the election of McCain, Obama or anyone else, the process would be the same.
If the defect in the President’s qualifications were to come to light after the President was sworn in then the procedures for impeachment would be appropriate, since running for office in violation of the constitutional requirement for being a “natural born Citizen” would be high Crime or Misdemeanor.
The Senate has already expressed the opinion that McCain is a “natural born Citizen” and eligible for the Office of the President. Senator Patrick Leahy (D-Vt.) and Claire McCaskill (D-Mo.) introduced the resolution during April of this year after the first New York Times article. Obama was also a sponsor?
There is no way that Congress is going to deny parents serving overseas the possibility that their children can become President so John McCain is safe.
Obama might be required to present a Birth Certificate if his qualifications were challenged and then the issue could be resolved.
All of the authority for counting the electors and dealing with a President elect who fails to qualify rest with Congress. Congress is the appropriate place to determine the President’s qualifications.
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I also think it is the duty of every US citizen to question the qualifications of persons claiming to be US citizens and asking for your vote to be president of the United States. Philip J. Berg is doing us all a great service by trying to expose the fraud of Barack Hussein Obama if he is not a US citizen!
Lawsuit exposing Obama is not a US citizen
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Here is the answer to why Barack Hussein Obama is not an cannot be a US Citizen nor President of the United States!
NATURALIZED CITIZEN CAN NOT BECOME PRESIDENT OF THE UNITED STATES.
***This is the law that protects us, from every person getting in here to have babies, just for citizenship.
Barack Obama is not a legal U.S. natural-born citizen according to the law on the books at the time of his birth, which falls between December 24, 1952, to November 13, 1986. Federal Law requires that the office of President requires a natural-born citizen if the child was not born to two U.S. Citizen parents. This is what exempts John McCain, though he was born in the US Panama Canal Zone.
US Law very clearly states:
‘ If only one parent is a U.S. Citizen at the time of one’s birth, that parent must have resided in the United States for minimum ten years, five of which must be after the age of 18.’
Barack Obama’s father was not a U.S. Citizen is a fact.
Obama’s mother was only 18 when Obama was born. This means even though she had been a U.S. Citizen for 10 years, (or citizen of Hawaii being a territory), his mother fails the test for at-least-5-years- prior-to Barack Obama’s birth, but-after-age-16.
In essence, Mother alone is not old enough to qualify her son for automatic U.S. Citizenship. At most, 2 years elapsed from his mother turning 16 to the time of Barack Obama’s birth when she was 18. His mother would have needed to have been 16 + 5 = 21 years old at the time of Barack Obama’s birth for him to be a natural-born citizen. Barack Obama was already 3 years old at the time his mother would have needed to be to allow him natural citizenship from his only U.S. Citizen parent. Obama should have been naturalized as a citizen . . but that would disqualify him from holding the office.
THE CONSTITUTION CLEARLY DECLARES:
Naturalized citizens are ineligible to hold the office of President. Though Barack Obama was sent back to Hawaii at age 10, any other information does not matter because his mother is the one who must fulfill the requirement to be a U.S. Citzen for 10 years prior to his birth on August 4, 1961, with 5 of those years being after age 16.
Further, Obama may have had to have remained in the USA for some time frame to protect any citizenship he might have had, rather than living in Indonesia. This is very clear cut and a glaring violation of U.S. Election law.
It is one of the requirements of the U.S. Constitution that the U.S. President be born in the U.S. (See the fourth paragraph of Article II, Section 1 of the Constitution.) Here's a link to the transcript of the Constitution on the National Archives website:Article II
"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;..."
Plus, all the birthplaces of the (to date) 43 presidents are known. See this list:
Birth Places Of The Presidents Note ALL of the Presidents were natural born in the US as required by the Constitution!
“2d Session S. RES. 511: Recognizing that John Sidney McCain, III, is a natural born citizen.: In the Senate of the United States.”
It says “Whereas previous presidential candidates were born outside of the United States of America and were understood to be eligible to be President;”
It is odd that this was added to the senate resolution
Senator Patrick Leahy (D-Vt.)
It is interesting to note that another previous presidential candidate, George Romney, was also born outside of the United States. He was widely understood to be eligible to be President. Senator Barry Goldwater was born in a U.S territory that later became the State of Arizona so some even questioned his eligibility. Certainly the millions of Americans who voted for these two Republican candidates believed that they were eligible to assume the office of the President. The same is
true today. U.S. SENATOR PATRICK LEAHY
No Senator Leahy the same is not true today for Barack Hussein Obama because the previous presidential candidates you cite were born to parents who were both US citizens. Barack Hussein Obama's parents were not both US citizens at the time of his birth. His mother was not old enough according to US law and his father was a citizen of Kenya So this is a bold face LIE that is in the senate resolution. Why?
Why hasn't the US Senate produced a resolution recognizing that Barack Hussein Obama is a natural born citizen?
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It is very important to understand this:
Cases in other courts relating specifically to the "natural born citizen" clause
Two United States District Courts have ruled that private citizens do not have standing to challenge the eligibility of candidates to appear on a presidential election ballot. Robinson v. Bowen, 567 F. Supp. 2d 1144 (N.D. Cal. 2008); Hollander v. McCain, 2008WL2853250 (D.N.H. 2008). In dicta in each of these cases, it was also opined that if the plaintiffs did have standing, the likelihood of success on the merits (which is part of the legal test for the issuance of a preliminary injunction) would be low. The opinion in one of the cases also cited to a statutory method[15] by which the eligibility of the President-elect to take office may be challenged in Congress.
Demand that Barack Hussein Obama presents a valid birth certificate that verifies he is a natural born US citizen at the time the electors' votes are counted! US citizens do have standing in the congress.
Natural-born citizen
Court case that is trying to expose the fraud that Obama is a natural born citizen
Sunday, October 12, 2008
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