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Politics 101

November 30, 2008

Possible Constitutional Crisis?

Several lawsuits question Barack Obama's eligibility to be President

Under the U.S. Constitution Article II, Section 1, Clause 5 the qualifications for the office of president require that the person be a natural born citizen; 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 thirty-five Years, and been fourteen Years a Resident within the United States. Based on Barack Obama's biography, there are valid questions surrounding his eligibility for office. While Mr. Obama is a U.S. citizen, he may not meet the definition of a natural born citizen.

Several lawsuits were filed challenging Obama's qualifications to assume the office of the presidency and four have reached the Supreme Court (SCOTUS). The first suit was filed in Pennsylvania by attorney Phillip Berg. In this action, Barack Obama is required to respond with an answer to the writ of certiorari at SCOTUS by tomorrow. A second case filed in New Jersey by attorney Leo Donofrio is scheduled for a conference before the entire SCOTUS on December 5th. A third case filed in New York by attorney Chris Strunk is seeking a stay of the Electoral College voting until Obama's eligibility can be verified and for the release of Obama's mother's foreign travel records (FOIL request) which will be provided to the electors. A fourth suit filed in Connecticut by attorney Cort Wronnowski reached SCOTUS but was denied by Supreme Court Justice Ginsberg on November 26, 2008. It is anticipated that he will renew his writ for certiorari.
 

Read for yourself and decide. Click here to see the ad from We The People Foundation that will run tomorrow and Wednesday in the Chicago Tribune.

From Leo Donofrio, click here

As reported, SCOTUS denied certiorari to Donofrio on Monday, December 8th and on Monday, December 15th denied the stay/request for injunction to Wronnowski but retained certiorari; 08A469. The Berg action was distributed to the SCOTUS and went to a conference on January 9, 2009, however the court denied certiorari on Monday, January 12th. On a procedural motion, the court had a January 19th conference date to accept the amicus curie brief filed in the Berg action. Berg currently has two additional actions working their way through the federal court system. 

Update: A fourth action has reached the court, Gail Lightfoot et al v. Debra Bowen, California Secretary of State which is scheduled for a conference on January 23rd.