Obama's Request For Dismissal Challenged

follow up on: Obama Petitions Court: Throw Birth Certificate Case Out
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Berg files opposition to defense motion for dismissal (read full article)

Philip J. Berg filed a response this afternoon to the motion for dismissal filed last week in Berg vs. Obama by Senator Obama and the Democratic National Committee.

Mr. Berg provides precedents which he argues establish his standing and petitions the Court to deny dismissal and order the defendants to produce the documents in the previously requested discovery.

The conclusion of Mr. Berg's brief reads: (see article)

For the above aforementioned reasons, Plaintiff respectfully request Defendants Barack Hussein Obama and the Democratic National Committee’s Motion to Dismiss pursuant to F.R.C.P. 12(b)(1) and 12(b)(6) be denied and order immediate discovery, including but not limited to: 1) a certified copy of Obama’s “vault” (original long version) Birth Certificate; and (2) a certified copy of Obama’s Certificate of Citizenship; and (3) a certified copy of the Oath of Allegiance taken by Obama taken at the age of majority.
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fyi: excerpts from Wiki on the topic, which is of course an open source, meaning anybody can write the entry: wiki/Natural-born_citizen#US_constitutional_definition

Section 1 of Article II of the Constitution contains the clause:“ 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.

----------(That is the crux of the matter right there)----------

fyi: a few more excerpts so as to be informed...and pertinent also to the issue of McCain's having been born in Panama, raising the "natural born" question in his case also. see: TRO for Obama?

The Fourteenth Amendment mentions two types of citizenship: citizenship by birth and citizenship by law (naturalized citizens): "All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside."also; All persons born in the United States, except those not subject to the jurisdiction of the U.S. government (such as children of foreign diplomats) are citizens under the Fourteenth Amendment. Persons born in the United States, and persons born on foreign soil to two U.S. parents, are born American citizens and are classified as citizens at birth under 8 USC 1401.

There is some debate over whether persons who were born US citizens and are classified as citizens at birth under U.S. law should also be considered citizens "by birth," whether they should all be considered to be "naturalized," or whether they should be considered "statutory citizens." There is also some debate over whether there is a meaningful legal distinction between citizens "at birth", citizens "by birth" and "statutory citizens" since U.S. law makes no such distinction, nor does the Fourteenth Amendment use the term "at birth." Current U.S. statutes define certain individuals born overseas as "citizens at birth."[12] One side of the argument interprets the Constitution as meaning that a person either is born in the United States or is a naturalized citizen. According to this view, in order to be a "natural born citizen," a person must be born in the United States, or possibly an incorporated territory; otherwise, they are a citizen "by law" and are therefore a "statutory citizen," (not necessarily, however, a naturalized citizen, which implies a pre-existing foreign citizenship).[2]

Current State Department policy reads: "Despite widespread popular belief, U.S. military installations abroad and U.S. diplomatic or consular facilities are not part of the United States within the meaning of the 14th Amendment. A child born on the premises of such a facility is not subject to the jurisdiction of the United States and does not acquire U.S. citizenship by reason of birth."[13] However, the State Department is of the opinion that this does not affect those who are born abroad to U.S. citizens and who otherwise meet the qualifications for statutory citizenship.[14]

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