The Hard Truth

Journal of Political News & Constitutionalism

Can Obama Legally Become President?

with 5 comments

By Brian K. Lutes

THE HARD TRUTH that many may not be able to acccept is that Obama may not legally be able to become President of these United States should he prevail over Republican  John McCain, Libertarian Bob Barr, & Constitutionalist Chuck Baldwin this November.

Attorney Phil J. Berg of Lafayette Hill, PA has filed a legal action in Federal Court in PA questioning if Obama is a “natural born citizen” of these United States as required to be President by Article 2, Section 1 of our sacred Constitution.

Mr. Berg, an activist in the Democrat Party for many years in PA, is a former PA Deputy Attorney General and has run for political office as a Democrat. In short, Mr. Berg is not a “fringe” political wannabe or a Republican trying to get Obama off the ballot to benefit McCain.

In his court filing, viewable @, Berg asks the court to order Obama to produce: 1) “certified copy of his ‘vault’ (original long version) birth certificate”, 2) “certified copy of his ‘certificate of citizenship'”, 3) “certified copy of his ‘oath of allegiance’ taken at his age of majority”. to prove he is legally eligible to become President should he win election in November.

Should Obama fail or refuse to produce the requested items Berg asks the court to: 1) Issue a declaratory judgement that Obama is ineligible to become President, 2) Issue an injunction barring Obama from running for President, and 3) Issue an injunction barring the Democrat National Committee from nominating Obama as a candidate for President.

On his web-site Berg says that he is motivated by the threat Obama poses to our system of Constitutional government handed down to us by our founding fathers. Article 2, Section 1 of the Constitution says: “…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 35 years, and been 14 years a resident within the United States…”.

In response to Berg’s action attorneys for Obama & the Democrat National Committee filed paperwork that does not answer the main question: Is Obama a natural born citizen of the United States as required to be President by the US Constitution? Instead the paperwork claims that 1) the court lacks “subject matter jurisdiction” which means that the court does not have the power to hear arguments on a given subject, 2) that Berg has not stated a “claim upon which relief can be granted” which means that Berg has not presented an issue to the court that the court can correct, and 3) that Berg does not have “standing” to bring the court action. “Standing” is defined in law as: “The legal right of a person to challenge, in a judicial forum, the conduct of another, especially with respect to governmental conduct….a taxpayer will have standing to challenge governmental conduct… if the taxpayer can establish how he may be harmed by the constitutional infringement alleged” which means that the taxpayer bringing the court action must explain how he will be harmed by the government doing something they are not allowed to do.

The attorneys for Obama, who is a lawyer himself, also say in the paperwork that Berg’s allegations that Obama is not a natural born citizen of the United States are “ridiculous & absurd” , but they did not supply a copy of Obama’s birth certificate to show he is in fact a natural born citizen of the USA as required by the Constitution to be President. WHY? Could it be that such a birth certificate does not exist?

In Berg’s response to the Obama Attorneys filings, Berg refutes the legal arguments about standing, subject matter jurisdiction, and granting of relief. Berg also points out that “All Obama has to do is produce his birth certificate to show that he is a natural born citizen and the legal case will go away”.

In addition to pointing out that Obama has not, or cannot, produce proof that he is legally qualified to become President, Berg exposes many other issues and asks many other questions about Obama including:

* Obama has collected $425,000,000 in campaign donations. If he is not eligible to become President has he perpetrated a fraud?

*Is Obama a “naturalized citizen” as is required to be a US Senator?

*Obama’s grandmother on his father’s side as well as his half brother & half sister have given statements that Obama was born in Kenya

*Obama’s school records in Indonesia list his citizenship as Indonesian

*Hawaii records show a “registry of birth” for Obama on or about 8-8-61

*Obama’s mother traveled to Kenya while pregnant with him, but was prevented from boarding a plane leaving Kenya due to her late stage of pregnancy due to restrictions in place at that time to prevent “in-flight” births causing her to stay in Kenya where she gave birth to Obama

in addition to the items above Berg’s web site asks many other questions about Obama’s eligibility to become President. Every American should visit the site and start asking questions immediately.

Why won’t Obama produce his birth certificate to show he is a natural born citizen if he is?


5 Responses

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  1. Why doesn’t
    Barak The Messiah just produce the birth certificate and put all this silliness to rest?

    If there is nothing to hide, chances are good that doing so would make the opposition look extra foolish. Just good politics to do it then!


    October 15, 2008 at 2:56 pm

  2. There is 56 citizenship questions in the lawsuit and he can’t answer just one, ARE YOU A NATRUALIZED CITIZEN? Nice of him to wear a flag pin last night, eh?


    October 16, 2008 at 11:11 am

  3. Mr. Cheeseburger 9000

    October 24, 2008 at 1:51 pm

  4. After reading through the article, I just feel that I really need more info. Could you suggest some more resources ?

    Samuel L.

    April 24, 2009 at 6:57 am

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