“Soft despotism is a term coined by Alexis de Tocqueville describing the state into which a country overrun by "a network of small complicated rules" might degrade. Soft despotism is different from despotism (also called 'hard despotism') in the sense that it is not obvious to the people."

Saturday, October 25, 2008

US Constitution Too Vague for an Ordinary Citizen


The same judiciary that finds rights and privileges and meanings and new law anywhere and everywhere in the US Constitution finds that a citizen has no right to question whether the Constitution is being followed by requiring a candidate to prove they meet the qualifications to be President.

Hat Tip:bobal

Judge tosses lawsuit challenging Obama citizenship

Oct 25, 3:37 PM (ET)

PHILADELPHIA (AP) - A federal judge has dismissed a lawsuit challenging Barack Obama's qualifications to be president.
U.S. District Judge R. Barclay Surrick on Friday night rejected the suit by attorney Philip J. Berg, who alleged that Obama was not a U.S. citizen and therefore ineligible for the presidency. Berg claimed that Obama is either a citizen of his father's native Kenya or became a citizen of Indonesia after he moved there as a boy.

Obama was born in Hawaii to an American mother and a Kenyan father. His parents divorced and his mother married an Indonesian man.

Internet-fueled conspiracy theories question whether Obama is a "natural-born citizen" as required by the Constitution for a presidential candidate and whether he lost his citizenship while living abroad.
Surrick ruled that Berg lacked standing to bring the case, saying any harm from an allegedly ineligible candidate was "too vague and its effects too attenuated to confer standing on any and all voters."


  1. If there is nothing to hide why does the BHO not provide clear and concise information.

    It's not like we are asking for him to name his crack supplier, his relationship with Nation of Islam, why he got a 1.4 million dollar book deal on his life at barely 30......

    nope, i am not convinced

  2. Why didn't McCain ask him for it at a debate?

  3. I've noticed that a lot of lawyers and judges like to start their names with an initial--Judge R. Barclay Surrick. Nothing wrong in that of course. But I think--I'd bet--the percentage of initialers is higher among the legal profession that anywhere else.

    Plaintiff would have us derail the democratic process by invalidating a candidate for whom millions of people voted," Surrick states, "and who underwent excessive vetting during what was one of the most hotly contested presidential primary [sic] in living memory."

    Instead, Surrick cites Aritcle III of the U.S. Constitution, limiting federal judicial power to handling cases and controversies in which plaintiffs have clear standing through specific, personal injury.

    Berg, the judge ruled, simply didn't have a case for a particular injury and thus, had no standing to sue.

    Surrick's ruling cites a case deemed similar, Hollander v. McCain, in which it was alleged during the primary season that since he was born in the Panama Canal Zone, John McCain is not a natural-born citizen either. The judge in the Hollander case also ruled a voter cannot sue to prevent an allegedly unconstitutional candidate.

    WND article

    Article III

    Section 1 - Judicial powers

    The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish. The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behavior, and shall, at stated Times, receive for their Services a Compensation which shall not be diminished during their Continuance in Office.

    Section 2 - Trial by Jury, Original Jurisdiction, Jury Trials

    (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; to all Cases affecting Ambassadors, other public Ministers and Consuls; to all Cases of admiralty and maritime Jurisdiction; to Controversies to which the United States shall be a Party; to Controversies between two or more States; between a State and Citizens of another State; between Citizens of different States; between Citizens of the same State claiming Lands under Grants of different States, and between a State, or the Citizens thereof, and foreign States, Citizens or Subjects.) (This section in parentheses is modified by the 11th Amendment.)

    In all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party, the supreme Court shall have original Jurisdiction. In all the other Cases before mentioned, the supreme Court shall have appellate Jurisdiction, both as to Law and Fact, with such Exceptions, and under such Regulations as the Congress shall make.

    The Trial of all Crimes, except in Cases of Impeachment, shall be by Jury; and such Trial shall be held in the State where the said Crimes shall have been committed; but when not committed within any State, the Trial shall be at such Place or Places as the Congress may by Law have directed.

    Section 3 - Treason Note

    Treason against the United States, shall consist only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort. No Person shall be convicted of Treason unless on the Testimony of two Witnesses to the same overt Act, or on Confession in open Court.

    The Congress shall have power to declare the Punishment of Treason, but no Attainder of Treason shall work Corruption of Blood, or Forfeiture except during the Life of the Person attainted.

  4. Bill Clinton is reversing roles and putting on his Obama knee pads so that Hillary gets on the Supreme Court.

  5. He does not have to and the voters do not seem to care.

    He has his passport and the data bytes in Hawaii. There is no hard copy, from back in the day, to be studied for authenticity.
    It's all just bytes.

    It is a brave new world

    Learn it, Live it, Love it.

  6. McCain's been too polite.

    I noticed that too. About Bill Clinton. The image makes one laugh, and cry.

  7. It was $1.9 million USD, wi"o", just to be accurate.

    Mister Lester Crown's publishing company paid the tab.

    It happened circuitously. In 1990, Obama was already enough of a celebrity – the first black president of the prestigious Harvard Law Review – for the New York publishers Simon & Schuster to offer a “six-figure contract” for a proposed autobiography. The only problem was that Obama was too busy finishing law school to write the book, and the contract was eventually cancelled. By the time Obama finished Dreams From My Father – published by Times Books in 1995 – his advance was only $40,000. In 2004, Obama – now a state senator in Illinois and a candidate for the US senate – was chosen to be the keynote speaker at the Democratic National Convention, but his book was long out of print. Yet when he arrived in Washington, the $169,300 senator’s salary was not going to be his mainstay: two weeks before he was sworn in, Crown Books announced a $1.9m three-book contract with the senator-elect.

    The Chicago Way.

    Why ask why?

  8. Who is Obama?

    That's now easily answered...

    A Crown Man.

    Sat Oct 25, 07:07:00 PM EDT

  9. Press Release: Berg v. Obama dismissed
    Berg appealing to U. S. Supreme Court

    Saturday, 25 October 2008 16:51 administrator Main -

    Philip J. Berg is Appealing to the U.S. Supreme Court as Obama is "NOT" qualified to be President of the United States Lawsuit Against Obama Dismissed from Philadelphia Federal Court

    For Immediate Release: - 10/25/08 - Contact Info at end.
    UPDATE: Ruling attached at end. It's a really poor copy, but it is all we have for the moment. Will put up a better copy when we get one.

    (Lafayette Hill, Pennsylvania – 10/25/08) - Philip J. Berg, Esquire, the Attorney who filed suit against Barack H. Obama challenging Senator Obama’s lack of “qualifications” to serve as President of the United States, announced today that he is immediately appealing the dismissal of his case to the United States Supreme Court. The case is Berg v. Obama, No. 08-cv-04083.

    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.

    Our website now has 71.8 + million hits. We are urging all to spread the word of our website – and forward to your local newspapers and radio and TV stations.

    Berg again stressed his position regarding the urgency of this case as, “we” the people, are heading to a “Constitutional Crisis” if this case is not resolved forthwith.

    * * For copies of all Court Pleadings, go to

    # # #

    Philip J. Berg, Esquire

  10. D-E-V-O-L-U-T-I-O-N

    There is no way that this thing of ours is going to be put back together.We may as well face the facts and get down to tactics.

  11. This comment has been removed by the author.

  12. Back to State's Rights and a limited Federal Government, back to the future, back to 1912

    That's all there is to it.

    Nothing to it, but to do it.

  13. The courts, schools, trial lawyers, media, Eastern Establishment, Congressional Black Caucus and "voting underclass with no skin in the game," are just a few of the pillars on the bridge too far.

    We may as well face the facts. The war is over.

  14. The most important player, in the Obama entourage, bob, and you had never heard of him, before two maybe three days ago.

    Ayers, Wright, the other bit players, all get the bright light headliner spot.

    But the moneyman, the deep pockets of General Dynamic and JPMorgan Chase, backing Obama, he goes unmentioned, all the while he is the most important player on the scene.

  15. Idaho ahead of New Mexico State 17-14

    couple minutes to go

  16. Good luck, bobal.

    My team won today but the past few years have been rough, let me tell you...

  17. It is stunning to think that the country could elect a candidate like BHO. Just too much.

  18. All the talk of McCain's age and health and Palin's inexperience but does you hear anything about Joe Biden's two aneurysms?

    This is especially relevant considering that Obama is considered an apostate from Islam. (Jihadists hate that, you know?)

  19. Give him a little more time and Obama will have all the judiciary in his back pocket... even the Supreme Court.

  20. go your own way baby...

    Bass and drums! Love it! 'Cause that's about all I can hear, mostly. Except the lead guitar about 4:34 got through.

    Thank you.

  21. Party at t he 50 yard line! The drought is broken! Idaho 20- New Mexico State 14....first WAC win in 17 games, I think they said. The bars stay open late in Moscow tonite!

    There's this kid Amazio, Tony I think. From LA, I think. Our kicker--hit the last one from 51 yards.

  22. “Gird your loins"

    Biden Predicts The Apocalypse

    Pretty good article. You'd think he'd do something to prevent it. Evidently recruiting in the military is down alot. Well, the kids aren't stupid, some of them anyway.

  23. First win in the Dome since October, 2006.

  24. There are apostates, and then apostates, Whit. Or so it seems. It's supposed to earn you the death penalty, in islam, but, all the jihadis seem to really like the guy. He helped that Odinga out, in Kenya. Maybe they figure he is pseudo-apostate. They've all endorsed him in one way or another.

  25. Obama just won an incredible status boost, in that he's probably the only politician in this country who doesn't have to prove anything to anyone in order to get elected.

  26. Fresno squeaked by Utah State, 30-28, with a 58 yard field goal, 3 seconds on the clock. They'd led most of the game, then fell apart in the last 6 minutes, letting the Aggies get ahead by 28-27 with under a minute.

    Elsewhere, Nebraska over Baylor, 32-20.

    Good day for stacking firewood, Bob.

  27. Any ONE of his friends or ONE refusal to disclose any of the many records that remain secret would have dumped ANY conservative in the Dumpster.

    Fair's fair.

  28. bob:
    Today, our kicker nailed two from beyond the 50 and another of 43 yards. He's kicked 50+ yard field goals in four straight games.

    Think he has a future in the Pros?

  29. First win at home since '06? Yeow! You been living in football hell and misery, bud.

    Congratulations! To you too, Linear.

  30. if you do a google search on Phil Berg, you'll find he is a flake who has filed all kind of bogus lawsuits, including against Bush, Cheny and the SCOTUS justices who ruled in his favor in 2000. Might have some bearing on how seriously any judge takes this guy.

  31. Passivhaus Gallary:


    In reply to your A/C objections.

  32. You're right jwillie, he seems to have a string of nonsensical cases, and yet those against Bush, Cheney et al were by a democrat. He's been a democrat, worked for them. And he held a responsible position for a long time, as an assitant DA or whatever his title.

    Seems like a reasonable request to me, to be able to see the proof of citizenship, when there's doubt in many minds. And his father was a Kenyan, step dad in Indonesia. Mother all over the place.

  33. :)You been living in football hell and misery, bud.

    We're use to it, like we were condemned there, or born there.

    I try to look at it on the bright side, like a kind of purgatory.

  34. Maybe Berg is just out to make some money, knowing he will be dismissed all the way up. And having that donation cup out on his website.

    On the other hand....

    We ought to have a reasonable method to resolve doubts, at least.

    We can't seem to count votes, we have rumors of faulty electronic voting machines, we have ACORN being sued all over, we have doubts about citizenship, we're a mess.

  35. we're a mess

    There's something seriously wrong with the electoral system when voter turnout is consistently at less than 50%.

  36. electoral system? More like the electorate.

  37. I'm not sure about that, Mat. I'm starting to think the less voters, the better.:)


    30. sisterrosetta:

    You said, “I do hope it’s not based solely on a 45-year-old school form from Indonesia, which for all we know now could have been falsified to grease the school wheels. Surely we have a more credible source?”

    You make an excellent point.

    This old document is about the only documentation we have on “Obama”.

    We do not have his records from Occidental.

    We do not have any records from Columbia.

    We do not have his thesis.

    We do not have Harvard records.

    We do not have his medical records.

    We do not have any article he published for the Harvard Law Review as its president.

    We have no scholarly article written while at University of Chicago.

    We do not have his Selective Service record.

    We do not have an original Birth record.

    We do not have a signed embossed paper Certification of Live Birth.

    We do not have his State Senate Papers.

    We have no list of his law clients.

    We do not have his State Senate Schedule book.

    You are right. All we have is an official entry from his school stating that he was an Indonesian citizen and Muslim.

    That’s all we have.

    Would you like to see some of those other documents?

  38. "Obama just won an incredible status boost, in that he's probably the only politician in this country who doesn't have to prove anything to anyone in order to get elected."

    Roger that hermit.

  39. I'm not sure about that, Mat. I'm starting to think the less voters, the better.:)


    People disconnected from politics allows politicians to be disconnected from the people. That's never a good thing.

  40. Livni to call general elections.

  41. Calendar No. 715110th CONGRESS

    2d Session

    S. RES. 511
    Recognizing that John Sidney McCain, III, is a natural born citizen.


    April 10, 2008
    Mrs. MCCASKILL (for herself, Mr. LEAHY, Mr. OBAMA, Mr. COBURN, Mrs. CLINTON, and Mr. WEBB) submitted the following resolution; which was referred to the Committee on the Judiciary

    April 24, 2008
    Reported by Mr. LEAHY, without amendment

    April 30, 2008
    Considered and agreed to

    Recognizing that John Sidney McCain, III, is a natural born citizen.

    Whereas the Constitution of the United States requires that, to be eligible for the Office of the President, a person must be a `natural born Citizen' of the United States;

    Whereas the term `natural born Citizen', as that term appears in Article II, Section 1, is not defined in the Constitution of the United States;

    Whereas there is no evidence of the intention of the Framers or any Congress to limit the constitutional rights of children born to Americans serving in the military nor to prevent those children from serving as their country's President;

    Whereas such limitations would be inconsistent with the purpose and intent of the `natural born Citizen' clause of the Constitution of the United States, as evidenced by the First Congress's own statute defining the term `natural born Citizen';

    Whereas the well-being of all citizens of the United States is preserved and enhanced by the men and women who are assigned to serve our country outside of our national borders;

    Whereas previous presidential candidates were born outside of the United States of America and were understood to be eligible to be President; and

    Whereas John Sidney McCain, III, was born to American citizens on an American military base in the Panama Canal Zone in 1936: Now, therefore, be it

    Resolved, That John Sidney McCain, III, is a `natural born Citizen' under Article II, Section 1, of the Constitution of the United Calendar No. 715110th CONGRESS2d SessionS. RES. 511RESOLUTIONRecognizing that John Sidney McCain, III, is a natural born citizen.April 24, 2008Reported without amendmentStates.

  42. Livni to call general elections.

    So, Netanyehu will be running?

  43. That's what Shas betting on. :)

  44. The vessel may even have been fitted with surface-to-air missiles, although that detail is missing from the brokers’ specifications making the rounds in London.

    We Could Get Together And Try To Make An Offer On Saddam's Secret Yacht

  45. Fred Thompson Has His Say

    Hits all the points, for sure.

    "Washington Papa Bear will take care of all our problems."

  46. Dr. Bill advises you to get your "Calamity Kit" from C Crane Company Now

    Includes all you to see your way around and listen to the news, before you starve to death.

    I thought this was an excellent marketing name.

    He is also reminding us that gas was $2.00 bucks when the democrats took over with the promise of a big energy program.

    And, don't buy bottled water, 2000 times the cost of tap water, with more shit in it.

    You be fool, if you do.

  47. Most responded to personal ad in history---

    Hi, I'm a young single black female, loyal, true, looking for companionship, love rides in pick up trucks, camping, fishing, hunting, when you leave me at home for work, I'll be there waiting for you when you return, dressed only in the clothes Mother Nature gave me, call 1-800-#######.

    15,000 guys call, find out they are talking to a recording from the Humane Society, about a young black lab.

  48. Prejudiced? Hell, I'm one of the fifteen thousand that called:)