BREAKING: Berg V. Obama Continues On Appeal

As you all are likely to know, Attorney Phillip J. Berg and others, have filed lawsuits against democrat Candidate for the office of the President of the United States, Barrack Hussein Obama. The issue brought to the Federal Courts, which landed on the lap of that incompetent ‘Judge’ Surrick is one that is intrinsic to the issue of whether Obama is a Constitutionally qualified candidate.

The suits against B. Hussein O., merely request that this lawyer and Senator B. Hussein Obama prove that he is a ‘Natural Born Citizen’.

To date B. Hussein Obama has dodged the issue and refuses to present the evidence of his place of birth.

You or I the American Citizen cannot get into a bar without proof of birth or get a drivers license — unless you are an illegal alien of course — without providing a birth certificate. However, this Federal Judge Surrick believes that some guy with a Muslim and Black Supremacist background with buddies with terrorist ambitions does not need to provide his Birth Certificate in order to satisfy the Constitutional requirements of the U.S. Constitution.

Hey Surrick — you Marmoset — Phillip J. Berg has raised a Constitutional issue. The B. Hussein O. Presidential conduct is an assault on the word contained in the U.S. Constitution. It is a Common Law matter, since the Constitution is The Common Law Document of the land that you are duty bound to Protect, therefore Phillip J. berg has Standing to bring this Constitutional challenge, while you are a collaborator in the ongoing judicial efforts to destroy the very Foundation of this Republic, the Constitution. You Sir, Mr. Surrick are a fraud, just like B. Hussein O. and a traitor as well. Hey you, judge R. Barclay Surrick — what does the R. stand for? Rat! — I suggest that you apply for a new job in North Korea or Iran or with Jeremiah Wright.

I am here going to place the information National Writers Syndicate .com received from the Plaintiff Mr. Berg.

‘Berg said, "I am totally disappointed by Judge Surrick's decision and, for all citizens of the United States, I am immediately appealing to the U.S. Supreme Court.

This is a question of who has standing to uphold our Constitution. If I don't have standing, if you don't have standing, if your neighbor doesn't have standing to question the eligibility of an individual to be President of the United States – the Commander-in-Chief, the most powerful person in the world – then who does?

So, anyone can just claim to be eligible for congress or the presidency without having their legal status, age or citizenship questioned.

According to Judge Surrick, we the people have no right to police the eligibility requirements under the U.S. Constitution.

What happened to ‘…Government of the people, by the people, for the people,…’ Abraham Lincoln in his Gettysburg Address 1863.

We must legally prevent Obama, the unqualified candidate, from taking the Office of the Presidency of the United States,” Berg said.’

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The order and memorandum came down at approximately 6:15 p.m. on Friday. Philip Berg's lawsuit challenging Illinois Sen. Barack Obama's constitutional eligibility to serve as president of the United States had been dismissed by the Hon. R. Barclay Surrick on grounds that the Philadelphia attorney and former Deputy Attorney General for the Commonwealth of Pennsylvania lacked standing.

Surrick, it seemed, was not satisfied with the nature of evidence provided by Berg to support his allegations.

Various accounts, details and ambiguities from Obama’s childhood form the basis of Plaintiff’s allegation that Obama is not a natural born citizen of the United States. To support his contention, Plaintiff cites sources as varied as the Rainbow Edition News Letter … and the television news tabloid Inside Edition. These sources and others lead Plaintiff to conclude that Obama is either a citizen of his father’s native Kenya, by birth there or through operation of U.S. law; or that Obama became a citizen of Indonesia by relinquishing his prior citizenship (American or Kenyan) when he moved there with his mother in 1967. Either way, in Plaintiff’s opinion, Obama does not have the requisite qualifications for the Presidency that the Natural Born Citizen Clause mandates. The Amended Complaint alleges that Obama has actively covered up this information and that the other named Defendants are complicit in Obama’s cover-up.

A judge’s attitude toward the factual foundation of a plaintiff’s claims is an essential factor in understanding just who indeed has standing to sue. The question running to the heart of the standing doctrine is whether or not the plaintiff indeed has a personal stake in the outcome of the otherwise justiciable matter being adjudicated. As has been discussed before many times here at America’s Right, a plaintiff wishing to have standing to sue must show (1) a particularized injury-in-fact, (2) evidence showing that that the party being sued actually caused the plaintiff’s particularized injury-in-fact, and (3) that adjudication of the matter would actually provide redress.

In this case, Judge Surrick’s attitude toward the evidence presented by Berg to support his allegations figures in heavily because, while there is a three-pronged test to standing in itself, there is no definitive test by which the court can determine whether a certain harm is enough to satisfy the first element of that three-pronged test by showing true injury-in-fact. Traditionally, it hasn’t taken much to satisfy the need for an injury-in-fact, but as the plaintiff’s claimed injury is perceived as being more remote, more creative, or more speculative, the injury-in-fact requirement becomes more difficult to satisfy.

As it were, much of Berg’s basis for injury-in-fact could be considered threatened injury–he felt that the country was at risk for “voter disenfranchisement” and that America was certainly headed for a “constitutional crisis”—and, while threatened injury can certainly be injury enough to satisfy the injury-in-fact element, such satisfaction depends upon the threat being perceived by the judge as being not too creative, speculative or remote.

When it came to Philip Berg’s personal stake in the matter at hand, Surrick compared his action with those of Fred Hollander—the man who, earlier this year, sued Sen. John McCain in New Hampshire on grounds that, born in the Panama Canal Zone, he was not a natural born citizen—and held that Berg’s stake “is no greater and his status no more differentiated than that of millions of other voters.” The harm cited by Berg, Surrick wrote, “is too vague and its effects too attenuated to confer standing on any and all voters.”

So, who does have standing? According to the Hon. R. Barclay Surrick, that's completely up to Congress to decide.

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.

FOR THE REST OF THE BERG STATEMENT go to:

http://www.americasright.com:80/2008/10/lawsuit-against-obama-dismissed-from.html

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