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The Dishonorable R. Barclay SurrickBy jgillmanjr, Section News
Cross posted from Random Rants from an Airline Employee
You might have heard about the Obama citizenship lawsuit filed by Philip J. Berg. Jeff Schreiber over at America's Right has been keeping on top of the case as it worked it's way through the system. Well, it turns out that as of yesterday, the 25th of October 2008, Judge R. Barclay Surrick has dismissed the case. Read Jeff's article for the full skinny, however I'll give a little bit of information. Phil Berg, who happens to be an attorney himself as well as former Deputy Attorney General of Pennsylvania, filed the lawsuit challenging Barack Obama to submit evidence of his citizenship. This hasn't happened and Obama wants it to go under the rug.
Obama's motions got shot down by Surrick, however the case ended up getting dismissed as I mentioned prior. According to Surrick (sorry, don't have a link to the actual document - can't find one): 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. Basically, Surrick is stating that it's up to congress to legislate who has standing to bring a suit like Mr. Berg did. I can't describe how utterly wrong this is. Well, I can, but it involves four-letter words. Kevin Rex Heine does bring up some possible reasonings for Surrick's opinion, however for the time being, I still stand with my views on this as of now. I certainly wouldn't object to be listed as a plaintiff though under Kevin's reasoning that members of the armed forces hold standing due to their oaths to defend the constitution from enemies foreign and domestic.
The Dishonorable R. Barclay Surrick | 0 comments ( topical, 0 hidden)
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Related Links+ Cross posted from Random Rants from an Airline Employee+ America's Right + article + Phil Berg + reasonings + Also by jgillmanjr |