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06-05-2010, 11:25 PM #3111
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Originally Posted by cayla99
STANDING
The legal right to initiate a lawsuit. To do so, a person must be sufficiently affected by the matter at hand, and there must be a case or controversy that can be resolved by legal action.There are three requirements for Article III standing: (1) injury in fact, which means an invasion of a legally protected interest that is (a) concrete and particularized, and (b) actual or imminent, not conjectural or hypothetical; (2) a causal relationship between the injury and the challenged conduct, which means that the injury fairly can be traced to the challenged action of the defendant, and has not resulted from the independent action of some third party not before the court; and (3) a likelihood that the injury will be redressed by a favorable decision, which means that the prospect of obtaining relief from the injury as a result of a favorable ruling is not too speculative. Lujan v. Defenders of Wildlife, 112 S. Ct. 2130, 2136 (1992) (Lujan). The party invoking federal jurisdiction bears the burden of establishing each of these elements. Id.
In deciding whether xxx has standing, a court must consider the allegations of fact contained in xxx's declaration and other affidavits in support of his assertion of standing. See Warth v. Seldin, 422 U.S. 490, 501 (1974) (Warth). see also Warth, 422 U.S. at 501 (when addressing motion to dismiss for lack of standing, both district court and court of appeals must accept as true all material allegations of the complaint and must construe the complaint in favor of the party claiming standing).
Standing is founded "in concern about the proper--and properly limited--role of the courts in a democratic society. " Warth, 422 U.S. at 498. When an individual seeks to avail himself of the federal courts to determine the validity of a legislative action, he must show that he "is immediately in danger of sustaining a direct injury." Ex parte Levitt, 302 U.S. 633, 634 (1937). This requirement is necessary to ensure that "federal courts reserve their judicial power for `concrete legal issues, presented in actual cases, not abstractions.' " Associated General Contractors of California v. Coalition for Economic Equity, 950 F.2d 1401, 1406 (9th Cir. 1991) (quoting United Public Workers, 330 U.S. at 89), cert. denied, 112 S. Ct. 1670 (1992). National Environmental Policy Act (NEPA), 42 U.S.C. S 4331, et seq.
Someone who seeks injunctive or declaratory relief "must show a very significant possibility' of future harm in order to have standing to bring suit." Nelsen v. King County, 895 F.2d 1248, 1250 (9th Cir. 1990), cert. denied, 112 S. Ct. 875 (1992).
http://www.lectlaw.com/def2/s064.htm
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06-05-2010, 11:33 PM #3112
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Standing is a reason I have said for so long to drop the birther thing. There is overwhelming evidence to prove voter fraud, constitutional usurpation, perjury AND treason. The birther thing and race card it came with played right into the hands of the administrations push for the entitlement and illegal votes.
The birth certificate should never have been an issue. Obama is a Constitutional attorney...he knows full well what the law is and the requirements for POTUS as does Pelosi.
But court lack of jurisdiction has been sited more often than standing.
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06-06-2010, 12:31 AM #3113
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Originally Posted by hardlineconstitutionalist
I took your comment to heart and read the first 35 pages of this thread. There were some very interesting posts and questions asked, but it all comes down to speculation.
I have checked out the references I have been referred to, but again have found only a lot of speculation, theory, and inconclusive facts.
I do think Obama attend a school where he was listed as Muslim and took Islamic studies. I do not doubt that his parents listed him as having Indonesian nationlality. Whether he did or not is another question, as parents will lie to get kids into schools. I also think it is pretty clear that he was brought up in an Islamic household while with his step father.
But the real issue at hand is whether he was born in Hawaii.
However, and I mean absolutely no disrepsect with this, but the questions I am asking are really very simple, and one would not think it would take 123 pages of posts to answer them.
In terms of facts, it appears to be clear that :
1. in Hawaii there are various forms of birth certificates.
2. the Certification of Live Birth Obama produced states on its face that he was born in Hawaii.
3. Obama has not authorized the release of any longer form of document.
4. There were birth announcements in the local papers at the time.
5. Officials of Hawaii have confirmed he has born there.
6. No one with standing, who would naturally bring a lawsuit if there was something to contest, has done so.
So why would Obama not release the long form document? I wish he would just to stop the discussion, but can think of reasons why he would not do so, like...
1. There is info on it, other than his birth place, that he does not want in the public domaine.
2. He thinks even if he does so, his critics will just find more baseless reasons to say it is not valid, so it is a no win situation.
3. He does not see the need to do so. He knows where he is born, has given the evidence, and thinks this whole thing is foolish. Frankly, given the fact he is known to be extremely arrogant, I think this is the real reason.
The issue of what the Constitution means when it says natural born citizen, and whether it requires both parents to be American as well as a birth in America, is a quesion only the Supreme Court can decide.
Also, any challenge to the assertion by the State of Hawaii that Obama was born there, obviously has to be made by someone or a group with standing, and again will only be decided by a court.
So far, it does not appear that anyone one would think would have standing to raise these issues, like the Republican Party, or McCain, or the Electorial College, or the State Gov offices that certify the ballots, or Hilliary etc, has actually filed a case in court. The guestion is ..why not?
I for one would love to see the case filed, and heard, just to put an end to the speculation. But my conclusion is that those who can take such action do not want to do so because they know they will lose.
If you have another explanation, I would be glad to hear it.Take a stand or all there will be left to do is to ask the last person in the country we once called America to lower the flag one last time.
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06-06-2010, 07:47 AM #3114Originally Posted by Bettybb
There is belief that everyone in Washington knows the truth about Obama:
http://www.scribd.com/doc/30794676/JB-W ... for-Office
There is the belief that there are good reasons for the Republicans to shun the subject:
http://www.scribd.com/doc/30869727/John ... cans-Avoid
Obama controls the executive branch and has intimidated the court system. We recognize that the congress is mostly inhabited by progressives, and they want done exactly what Obama is doing.
Lt. Quarles Harris an officer at the US passport agency was shot after Barack Hussein Obama’s passport file was broken into, and that was a message to all - these thugs are in charge. Notice that the murder has never been examined or explained or solved.
http://www.washingtontimes.com/news/200 ... ally-shot/
So, people are getting murdered. The Chicago way is in full force and effect, and if you squeal too loudly you get taken down or out.
If you are not interested in the intellectual pursuit of this topic as it is being done by Alipac, I'm certain you can find other, more suitable, sites for you to peruse for information.
You, coming on late as you apparently are, should be doing your own research, and demanding justice for the American people. The issue of Obama's ineligibility must be openly addressed before the American people, but it will probably never see the light of day until he is gone and then all we can say is 'darn it - we've been scammed.'
This federal government is NOT our representative confederated republic that we are dealing with - this is a socialist oligarchy.In the beginning of a change, the Patriot is a scarce man, Brave, Hated, and Scorned. When his cause succeeds however,the timid join him, For then it costs nothing to be a Patriot. -- Mark Twain
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06-06-2010, 12:19 PM #3115
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HighlanderJuan wrote,
There is belief that everyone in Washington knows the truth about Obama:
This article is just a list of allegations that everyone thinks Obama is not qualified without any proof whatsoever. I can write an article and say that everyone believes that the moon is green, but that does not mean everyone thinks that, or that the moon is green.
There is the belief that there are good reasons for the Republicans to shun the subject:
This article says the Republican Party decided to nominate someone who could not win. The fact is, the Republican Party does not chose the candidate, but rather, it is millions upon millions of Republican Americans who decide who the candidate will be. I cannot image anyone honestly believes all these people got together and decide to nominate someone who they though could not win.
Then it goes on to claim that Republicans knowingly committed fraud as they believed McCain was not a natural born citizen, overlooking the fact that it was established that McCain was eligible and Congress even passed a resolution to that effect!
Obama controls the executive branch and has intimidated the court system. We recognize that the congress is mostly inhabited by progressives, and they want done exactly what Obama is doing.
How has Obama intimidated the court system? The Supreme Court is totally insulated from power politics.. they are appointed for life.
Lt. Quarles Harris an officer at the US passport agency was shot after Barack Hussein Obama’s passport file was broken into, and that was a message to all - these thugs are in charge. Notice that the murder has never been examined or explained or solved.
You forgot to mention that Clinton’s and McCain’s passports were stolen too, and that it was part of a credit card fraud per the article.
Where is your proof that Obama or any Democrat had anything to do with Lt. Quarles Harris being shot? The article say nothing of the sort.
So, people are getting murdered. The Chicago way is in full force and effect, and if you squeal too loudly you get taken down or out.
If you are not interested in the intellectual pursuit of this topic as it is being done by Alipac, I'm certain you can find other, more suitable, sites for you to peruse for information.
You, coming on late as you apparently are, should be doing your own research, and demanding justice for the American people. The issue of Obama's ineligibility must be openly addressed before the American people, but it will probably never see the light of day until he is gone and then all we can say is 'darn it - we've been scammed.'
This federal government is NOT our representative confederated republic that we are dealing with - this is a socialist oligarchy.Take a stand or all there will be left to do is to ask the last person in the country we once called America to lower the flag one last time.
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06-06-2010, 12:26 PM #3116Originally Posted by BettybbIn the beginning of a change, the Patriot is a scarce man, Brave, Hated, and Scorned. When his cause succeeds however,the timid join him, For then it costs nothing to be a Patriot. -- Mark Twain
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06-06-2010, 03:11 PM #3117
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Originally Posted by kathyet
He has loyalties above the United States of America, specifically to Is|am, which has a 1388 year history of conquest and war, subjugation and slavery, treachery, subterfuge, and assassins; piracy on the high seas and banditry on the highways; raping, looting, pillaging, and burning. Is|am is a bloody death cult masquerading as a religion, spread through forced conversion by the sword. It is the human agent of a spirit of death which comes but to steal, to kill, and to destroy.
Mr. Obama is privy to state secrets of the most privileged nature. Therefore, he cannot be released to his compatriot enemies of America: Rashid and Mona Khalidi, Ali Abunimah, Tony Rezko, Col. Moammar al-Qaddafi, Mahmoud Abbas, Mahmoud Ahmadinejad, Raila Odinga, Louis Farrakhan, Malik Zulu Shabazz, King Abdullah and Prince al Waleed of Saudi Arabia, Nadhmi Auchi, Sadegh Namazi-khah, Dr. Trita Parsi, Bashar al-Assad, Bill Ayers, the Rev. Jeremiah Wright, and his old Taliban buds in Pakistan and Afghanistan.
Mr. Obama has committed not just election fraud and obstruction of justice, but sedition and treason against the United States. Under the banner of "Hope and Change," he and the socialist Democrat-controlled Congress have been steadily overthrowing the government, turning the land of the free and the home of the brave into a totalitarian state which rules by fear, intimidation, and coercion. The government pledging taxpayers and dollar-owners for a debt of trillions of dollars, and the Fed giving the cash to Goldman Sachs and other banks and parties unknown... that is COMMUNISM, as is the seizing of GM from shareholders and the nationalization of healthcare under government single-payer control.
Mr. Obama has subverted the Constitution of the United States, virtually nullifying Art. II § 1 ¶ 5. He is implementing the global governance agenda:- open borders and amnesty for illegal aliens;
universal healthcare, with rationing of patient services (which to implement will require government death panels);
abortion and euthanasia;
weakening parental discipline, local law enforcement, state militias, the Border Patrol, and the U.S. military, to the point of trading law and order for anarchy and chaos;
pressing for unilateral nuclear disarmament and the UN Small Arms Treaty, the Law of the Sea Treaty, the Global Warming or Climate Change Treaty, and the Security and Prosperity Partnership a.k.a. the North American Union;
hostility toward Christianity and dhimmitude toward Is|am; and
surrendering U.S. sovereignty to the atheist, communist European elites of finance, commerce, and religion.
To bring Mr. Obama to justice and possibly convict him for sedition and treason, only to sentence him to life imprisonment at Gitmo, is to invite a future President to appease the libs by showing mercy and pardoning him. To then release to the enemies of the United States a quisling who has had access to the most guarded state secrets is not just tantamount to surrender; it is national suicide.One man's terrorist is another man's undocumented worker.
Unless we enforce laws against illegal aliens today,
tomorrow WE may wake up as illegals.
The last word: illegal aliens are ILLEGAL!
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06-06-2010, 03:24 PM #3118
MinuteMan,
Well summarized.
JuanIn the beginning of a change, the Patriot is a scarce man, Brave, Hated, and Scorned. When his cause succeeds however,the timid join him, For then it costs nothing to be a Patriot. -- Mark Twain
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06-06-2010, 05:26 PM #3119
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This article is just a list of allegations that everyone thinks Obama is not qualified without any proof whatsoever. I can write an article and say that everyone believes that the moon is green, but that does not mean everyone thinks that, or that the moon is green.
You side with the defendant...this string is not about that. Maybe it would be good for you to start a new string of your own and site all your proof of eligibility? I would find that most interesting..
If you have another explanation, I would be glad to hear it.
Now please. Stop asking for everyone to rewrite this whole tread for you over and over again. It is not fair to us or the string. You are impassioned and want Obama to be eligible. I would love to join a new string that is dedicated to his eligibility.
BTW...there is no way anyone could read 35 pages in one day including fact checking of all the sites cited and provided.
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06-06-2010, 05:34 PM #3120
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Originally Posted by HighlanderJuan
That is why it is better to stick to facts...and the FACTS of Article II state that Obama is not a natural born citizen and there for not inelegable for POTUS. What else needs to be said? This is not 123 pages of speculation...this is 123 pages of facts...
Now if you want to get to the voter fraud of the DNC's by Pelosi...that is more interesting... and very black and white documentation in proof.
Are you saying that only those who believe Obama is ineligible are allowed on this thread? It is my understanding that Alipac is non partisan, and is dedicated solely to the illegal immigration issue. Plus this is not a closed private thread, but rather is one that is open to people of all viewpoints.
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