I have always believed that the “burden of proof” for Presidential eligibility rests on the candidate, not anyone else. In my opinion, it’s not a matter of “innocent until proven guilty”, it’s a matter of “ineligible until proven eligible”. It is the candidate’s responsibility to prove that they are eligible.
However, I am not an attorney. Berg, who is an attorney, has now filed a second lawsuit that clearly and legally shifts the burden of proof to Soetoro (a.k.a. Obama):
Philip J. Berg, Esquire, the Attorney who filed suit against Barack H. Obama challenging Senator Obama’s lack of “qualifications” to serve as President of the United States which is pending in the U.S. Supreme Court [Docket No. 08 – 570] with two  Conferences scheduled on January 9th and 16th 2009, filed suit against Barry Soetoro a/k/a Obama on behalf of a Retired Military Colonel.
Berg today, with co-counsel Lawrence J. Joyce, Esquire, filed another lawsuit in Federal Court in the United States District for the District of Columbia on behalf of Retired Colonel Hollister against Barry Soetoro a/k/a Barack Hussein Obama demanding to know Obama’s real name and if he is constitutionally qualified to be President. Plaintiff, Gregory S. Hollister, is a resident of Colorado Springs, Colorado and Hollister has “standing” and needs a decision so he knows whether or not to follow any Order of Soetoro a/k/a Obama.
Back to the concept of “ineligible until proven eligible” and it being the candidate’s responsibility to prove that they are eligible, Obama has not only failed to prove he is eligible, he has proven that he is ineligible. He is not a natural born citizen because he openly admits that he was not “born in the country, of parents who are citizens”. He openly admits that “As a Kenyan native, Barack Obama Sr. was a British subject whose citizenship status was governed by The British Nationality Act of 1948. That same act governed the status of Obama Sr.‘s children.“