Natural Born Citizen – A Place to Ask Questions and Get the Right Answers

November 29, 2010

A Statement from CDR Charles Kerchner (Ret) about the U.S. Supreme Court Decision on Kerchner et al v Obama & Congress et al

For Immediate Release – 29 November 2010 2:30 p.m. EST

A Statement from CDR Charles Kerchner (Ret) about the U.S. Supreme Court Decision on Kerchner et al v Obama & Congress et al

The “Roberts Court” of the U.S. Supreme Court in my opinion will be known in history as the “Neville Chamberlain Supreme Court”, the great Obama appeaser court.
http://en.wikipedia.org/wiki/Neville_Chamberlain

Appeasement due to fear that some immediate small amount of veiled and threatened violence from the far left socialists and Saul Alinsky goons, tyrants and bullies, and thus not doing the right thing early on to support the rule of law and the Constitution, ultimately leads to much bigger problems later. History has shown us that over and over. The Obama eligibility matter should have been fully and thoroughly addressed and openly investigated by the investigative reporters in the major media and political parties early in the spring of 2008 during the primaries to get all of Obama’s documents released to the public as part of the vetting process. It wasn’t done. Congress should have addressed this when asked by 100s of thousands of constituent letters and petitions sent to them and when constitutionally it was required to so under the 20th Amendment. It didn’t. The courts should have addressed the merits of the questions when appealed to early on. They didn’t. Everyone in our system of government chose ignoring the problem and appeasement over confrontation and punted the ball to someone else. Now it is far worse. The Supreme Court has chosen appeasement and inaction over action and dealing with the issue and questions openly in a court of law under the rules of evidence and law. Our constitutional republic and legal system is now compromised and broken. And it will only get worse as our legal system and constitutional republic further deteriorates and the rule of law gives way more and more to appeasement of bullies such as Obama and his far left Marxist cronies and puppet masters. Appeasement of the constitutional usurpers will not make it go away. It will only delay the inevitable and fester and grow and in the end be a far worse situation to deal with when the real nature of the tyrant reveals himself in a much bolder way and attempts to take away all our protections to our unalienable rights and liberty. Neville Chamberlain tactics never work with bullies, alinskyites, tyrants, and national socialists.

The U.S. Supreme Court orders were posted at 10:00 a.m. on 29 Nov 2010. See below. Certiorari for our case was denied. The two justices appointed by Obama who had a direct financial conflict of interest (their very jobs and appointments to the court) in the outcome of this petition and case did not recuse themselves even though they should have! Their recusal was called for in our petition on page 36. The two justices and the court ignored that. There were recusals declared by these two Obama appointees in many other petitions including the one immediately before our petition in the orders list and the one immediately after. Imo, apparently the court needed all nine justices in the room to kill the petition. With the full court of 9 justices it’s the rule/vote of 4 to grant certiorari to move the case forward. With two recusals that would have left only 7 justices and it’s then the rule/vote of 3 to grant certiorari to move the case forward. I suspect the water cooler buzz at SCOTUS was that 3 justices were leaning for granting certiorari. So it looks like Sotomayer and Kagan ignored ethical considerations and stayed in the review of the petition to be sure it got killed, i.e., to be in that room to argue against Certiorari, and to require 4 votes to grant cert instead of 3 … financial conflict of interest and ethics be damned by those two justices. JMHO.

10-446
KERCHNER, CHARLES, ET AL. V. OBAMA, PRESIDENT OF U.S., ET AL.
The motion of Western Center for Journalism for leave to file a brief as amicus curiae is granted. The petition for a writ of certiorari is denied.
http://www.supremecourt.gov/orders/courtorders/112910zor.pdf
http://www.supremecourt.gov/orders/ordersofthecourt.aspx

CDR Charles Kerchner (Ret)
Lehigh Valley PA USA
Lead Plaintiff, Kerchner et al v Obama et al
http://www.protectourliberty.org
http://puzo1.blogspot.com
####

Obama Ineligible! Obama: I Tried and Lied but It Won’t Go Away! Washington Times National Weekly – 29 Nov 2010 Issue – Pg 5

Obama Ineligible! Obama: I Tried and Lied but It Won’t Go Away! Washington Times National Weekly – 29 Nov 2010 Issue – Pg 5
http://www.scribd.com/doc/44262283/Obama-Ineligible-I-tried-and-lied-but-it-won-t-go-away-Wash-Times-Natl-Wkly-2010-11-29-pg-5

Article II “Natural Born Citizen” Means Unity of Citizenship and Sole Allegiance At Birth:
http://puzo1.blogspot.com/2009/04/article-ii-natural-born-citizen-means.html

A Catalog of Evidence – Concerned Americans Have Good Reason to Doubt that Putative President Obama Was Born in Hawaii:
http://puzo1.blogspot.com/2010/05/catalog-of-evidence-concerned-americans.html

U.S. Supreme Court orders were posted at 10:00 a.m. on 29 Nov 2010. See below. Certiorari for our case was denied. The two justices appointed by Obama who had a direct financial conflict of interest (their very jobs and appointments to the court) in the outcome of this petition and case did not recuse themselves even though they should have! Their recusal was called for in our petition on page 36. The two justices and the court ignored that. There were recusals declared by these two Obama appointees in many other petitions including the one immediately before our petition in the orders list and the one immediately after. Imo, apparently the court needed all nine justices in the room to kill the petition. With the full court of 9 justices it’s the rule/vote of 4 to grant certiorari to move the case forward. With two recusals that would have left only 7 justices and it’s then the rule/vote of 3 to grant certiorari to move the case forward. I suspect the water cooler buzz at SCOTUS was that 3 justices were leaning for granting certiorari. So it looks like Sotomayer and Kagan ignored ethical considerations and stayed in the review of the petition to be sure it got killed, i.e., to be in that room to argue against Certiorari, and to require 4 votes to grant cert instead of 3 … financial conflict of interest and ethics be damned by those two justices. JMHO.

10-446
KERCHNER, CHARLES, ET AL. V. OBAMA, PRESIDENT OF U.S., ET AL.
The motion of Western Center for Journalism for leave to file a brief as amicus curiae is granted. The petition for a writ of certiorari is denied.
http://www.supremecourt.gov/orders/courtorders/112910zor.pdf
http://www.supremecourt.gov/orders/ordersofthecourt.aspx

My Statement on the Decision by the U.S. Supreme Court
http://radiopatriot.wordpress.com/2010/11/29/the-supreme-court-has-chosen-appeasement-cmdr-charles-kerchner/

CDR Charles Kerchner (Ret)
Lead Plaintiff
Kerchner et al v Obama & Congress et al
http://www.protectourliberty.org
http://puzo1.blogspot.com
####

November 21, 2010

Washington Times – Kerchner v Obama & Congress et al Petition for Writ of Certiorari scheduled for Conference on 23 Nov 2010 with U.S. Supreme Court

Washington Times – Kerchner et al v Obama & Congress et al Petition for Writ of Certiorari scheduled for Conference on 23 Nov 2010 with U.S. Supreme Court

by: CDR Charles Kerchner (Ret)
http://www.protectourliberty.org

We are living through history in the making. Please read or re-read this historic Petition to the U.S. Supreme Court asking them to support and defend the Constitution … in particular Article II, Section 1, Clause 5, the presidential constitutional eligibility clause. Read or re-read the Petition then read this ad. Then meditate on the words in both and then pray that the Justices do the right thing on Tuesday and support and defend our Constitution and Republic and grant Certiorari and take up our case and seek the truth about Mr. Obama the usurper, impostor, and fraud now occupying the Oval Office. Mr. Obama and his puppet masters and his enablers in political power and in the main stream media have perpetrated and allowed to continue the greatest fraud on this nation in the history of our Republic and he needs to be exposed and removed. See the ad linked to below and via the image at the left for an overview of the Petition and the issues.

Washington Times — Kerchner et al v Obama & Congress et al Petition for Writ of Certiorari Scheduled for Conference on 23 Nov 2010 with the U.S. Supreme Court – Washington Times National Weekly edition – 22 Nov 2010 issue, page 5: http://www.scribd.com/doc/43541103/Kerchner-v-Obama-Petition-Scheduled-for-Conference-at-Supreme-Court-on-Tues-Nov-23-2010-WTNW-pg-5

QUESTIONS PRESENTED TO THE U.S. SUPREME COURT:
PETITION 10-446
1. Whether petitioners sufficiently articulated a case or controversy against respondents which gives them Article III standing to make their Fifth Amendment due process and equal protection claims against them.
2. Whether putative President Obama can be an Article II “natural born Citizen” if he was born in the United States to a United States citizen mother and a non-United States citizen British father and under the British Nationality Act 1948 he was born a British citizen.
3. Whether putative President Obama and Congress violated petitioners’ Fifth Amendment due process rights to life, liberty, safety, security, tranquility, and property and Ninth Amendment rights by Congress failing to assure them pursuant to the Twentieth Amendment that Obama qualified as an Article II “natural born Citizen” before confirming his electoral votes and by Obama refusing to conclusively prove that he is a “natural born Citizen.”
4. Whether Congress violated petitioners’ rights under the Fifth Amendment to equal protection of their life, liberty, safety, security, tranquility, and property by investigating and confirming the “natural born Citizen” status of presidential candidate, John McCain, but not that of presidential candidate, Barack Obama.

————————————————————-

Further comments by CDR Kerchner (Ret):

Obama is not Article II constitutionally eligible to be the President and Commander of our military. Obama is NOT a “natural born Citizen” to constitutional standards. Obama’s father was NOT a U.S. Citizen. Obama’s father was not an immigrant to the United States. Obama’s father was a foreign national, a British Subject. Obama is the child of an alien father who was sojourning in the U.S. attending college. Obama was born a British Subject via his father and is still such to this day. Obama has never conclusively proved he was born in Hawaii. Obama’s paternal family in Kenya, Kenyan government officials, and newspapers in Kenya say he was born in Kenya. Obama’s maternal grandmother likely falsely and illegally registered him as born in Hawaii to get him, her new foreign-born grandson, U.S. Citizenship.

History shows us that a popularly elected, but ineligible, chief executive in the executive branch of a government can be legally and constitutionally removed from office, e.g., Governor Thomas H. Moodie of North Dakota was a prime example. After he was sworn in and serving as Governor, the North Dakota State Supreme Court ordered Governor Moodie removed from office, after it was determined that he was constitutionally and legally ineligible to serve in the office to which he was popularly elected.
http://history.nd.gov/exhibits/governors/governors19.html

Also, two U.S. Senators although popularly elected and sworn in to the U.S. Senate were subsequently removed from office after it was learned that they were NOT constitutionally eligible when they were elected.

Albert Gallatin [U.S. Senator constitutionally ineligible and his seating unconstitutional and election & seating annulled]:
http://en.wikipedia.org/wiki/Albert_Gallatin

James Shields [U.S. Senator constitutionally ineligible and his seating unconstitutional and election & seating annulled]:
http://en.wikipedia.org/wiki/James_Shields

Thus it is very clear that winning a popular election does not trump or nullify the constitution of a state or the U.S. federal constitution. Obama is not constitutionally eligible to be the President and Command in Chief of the military and should be removed from office and his election, confirmation, and swearing in annulled.

Again, please take the time to read or re-read the Petition then read this ad. The questions and the main brief are only 36 succinctly written and easy to read pages. Then meditate on the words therein and then pray that the Justices do the right thing on Tuesday and support and defend our Constitution and Republic and grant Certiorari and take up our case and seek the truth about Mr. Obama the usurper, impostor, and fraud now occupying the Oval Office. Mr. Obama and his puppet masters and his enablers in political power and in the main stream media have perpetrated and allowed to continue the greatest fraud on this nation in the history of our Republic and he needs to be exposed and removed. May God help us save our liberty and republic and protect us in the days ahead.

Charles F. Kerchner, Jr., Commander USNR (Retired)
Lead Plaintiff, Kerchner v Obama & Congress
Please if you can, visit this site and help the cause:
http://www.protectourliberty.org/
http://puzo1.blogspot.com
####

November 19, 2010

Unconstitutionally Elected & Seated State & Federal Officials Can and Have Been Removed. A Popular Election Does Not Trump or Amend the Constitution

Ineligible and Unconstitutionally Elected & Seated State & Federal Officials Can and Have Been Removed. A Popular Election Does Not Trump or Amend the Constitution

by: CDR Charles Kerchner (Ret)
http://www.protectourliberty.org/


Obama is NOT Article II constitutionally eligible to be the President
and Commander of our military. Obama is NOT a “natural born Citizen” to constitutional standards.
Obama’s father was NOT a U.S. Citizen. Obama’s father was not an immigrant to the United States. Obama’s father was a foreign national, a British Subject. Obama is the child of an alien father who was sojourning in the U.S. attending college. Obama was born a British Subject via his father and is still such to this day. Obama has never conclusively proved he was born in Hawaii. Obama’s paternal family in Kenya, Kenyan government officials, and newspapers in Kenya say he was born in Kenya. Obama’s maternal grandmother likely falsely and illegally registered him as born in Hawaii to get him, her new foreign-born grandson, U.S. Citizenship.

History shows us that a popularly elected, but ineligible, chief executive in the executive branch of a government can be legally and constitutionally removed from office, e.g., Governor Thomas H. Moodie of North Dakota was a prime example. After he was sworn in and serving as Governor, the North Dakota State Supreme Court ordered Governor Moodie removed from office, after it was determined that he was constitutionally and legally ineligible to serve in the office to which he was popularly elected.
http://history.nd.gov/exhibits/governors/governors19.html

Also, two U.S. Senators although popularly elected and sworn in to the U.S. Senate were subsequently removed from office after it was learned that they were NOT constitutionally eligible when they were elected.
Albert Gallatin [U.S. Senator seating unconstitutional and annulled]:
http://en.wikipedia.org/wiki/Albert_Gallatin
James Shields [U.S. Senator seating unconstitutional and annulled]:
http://en.wikipedia.org/wiki/James_Shields

Thus it is very clear that winning a popular election does not trump, amend, or nullify the constitution of a state or the U.S. federal constitution. We are a nation of laws, not men. We are a constitutional republic, not a pure democracy where the current political whims of the the political majority can over rule the U.S. Constitution by a simple popular vote. Obama is not constitutionally eligible to be the President and Command in Chief of the military and should be removed from office and his election, confirmation, and swearing in annulled.

Charles F. Kerchner, Jr., Commander USNR (Retired)
Lead Plaintiff, Kerchner v Obama & Congress
Please if you can, visit this site and help the cause:
http://www.protectourliberty.org/
http://puzo1.blogspot.com
####

Article II "Natural Born Citizen" Means Unity of Citizenship and Sole Allegiance At Birth

Article II “Natural Born Citizen” Means Unity of Citizenship
and Sole Allegiance At Birth

by: Mario Apuzzo, Esq.
Written: April 23, 2009
Reposted: November 18, 2010

Article II of our Constitution has a lot to say about how a would-be President is born. “Natural born Citizen” status requires not only birth on U.S. soil but also birth to parents who are both U.S. citizens by birth or naturalization. This unity of jus soli (soil) and jus sanguinis (descent) in the child at the time of birth assures that the child is born with sole allegiance (obligation of fidelity and obedience to government in consideration for protection that government gives (U.S. v. Kuhn, 49 F.Supp.407, 414 (D.C.N.Y)) and loyalty to the United States and that no other nation can lay any claim to the child’s (later an adult) allegiance and loyalty. Indeed, under such birth circumstances, no other nation can legally or morally demand any military or political obligations from that person. The child, as he/she grows, will also have a better chance of not psychologically struggling with conflicted allegiance and loyalty to any other nation.

Unity of citizenship and allegiance is based on the teachings of the law of nature (natural law) and the law of nations, as confirmed by ancient Greek and Roman law; American, European, and English constitutions, common and civil law, and statutes; and Vattel’s, The Law of Nations, all of which the Founding Fathers read and understood. These sources have taught civilizations from time immemorial that a person gains allegiance and loyalty and therefore attachment for a nation from either being born on the soil of the community defining that nation or from being born to parents who were also born on that same soil or who naturalized as though they were born on that soil. It is only by combining at birth in the child both means to inherit these two sources of citizenship that the child by nature and therefore also by law is born with only one allegiance and loyalty to and consequently attachment for only the United States.

Our Constitution requires unity of U.S. citizenship and allegiance from birth only for the Office of President and Commander in Chief of the Military, given the unique nature of the position, a position that empowers one person to decide whether our national survival requires the destruction of or a nuclear attack on or some less military measure against another nation or group. It is required of the President because such a status gives the American people the best Constitutional chance that a would-be President will not have any foreign influences which because of conflict of conscience can most certainly taint his/her critical decisions made when leading the nation. Hence, the special status is a Constitutional eligibility requirement to be President and thereby to be vested with the sole power to decide the fate and survival of the American people. Of course, the status, being a minimum Constitutional requirement, does not guarantee that a would-be President will have love and fealty only for the United States. Therefore, the final informed and intelligent decision on who the President will be is left to the voters, the Electors, and Congress at the Joint Session, to whom hopefully responsible media and political institutions will have provided all the necessary vetting information concerning the candidate’s character and qualifications to be President.

Through historical development, unity of citizenship and sole allegiance at birth is not required for U.S. born citizen Senators, Representatives, and regular citizens under the 14th Amendment and Congressional enactments. In contradiction and which confirms the Founding Fathers’ meaning of what a “natural born Citizen” is, naturalized citizens, since 1795, before becoming such must swear an oath that they renounce all other allegiances to other nations. During the Washington Administration, the First Congress passed the Naturalization Act of 1795 in which it provided that new citizens take a solemn oath to support the Constitution and “renounce” all “allegiance” to their former political regimes. This is during the time that most of the Framers were alive and still actively involved in guiding and forming the new national government and Constitutional Republic. Today, we still require that an alien upon being naturalized must give an oath that he/she renounces all former allegiances and that he/she will “support and defend the Constitution and laws of the United States of America against all enemies, foreign and domestic.” Hence, allegiance is not simply a thing of the past but very much with us today. It is important to also understand that naturalization takes an alien back to the moment of birth and by law changes that alien’s birth status. In other words, naturalization, which by legal definition requires sole allegiance to the United States, re-creates the individual as though he were a born Citizen but only does it by law and not by nature. This is the reason that the 14th Amendment considers a naturalized person to be a “citizen” of the United States and not a “natural born Citizen” of the United States. This recreation of birth status through naturalization which also existed under English common law also probably explains why John Jay underlined the word “born” when he recommended to General Washington that only a “natural born Citizen” (as to say born in fact, by nature, and not by law) be allowed to be President. Consequently, naturalized citizens stand on an equal footing with born Citizens (who are so recognized and confirmed by the 14th Amendment or by an Act of Congress and who can be but not necessarily are also “natural born Citizens”) except that they cannot be President or Vice President, for they were born with an allegiance not owing to the United States and acquire that sole allegiance to the United States only after birth. Surely, if a naturalized citizen, even though having sole allegiance to the United States, is not Constitutionally eligible to be President, we cannot expect any less of someone who we are willing to declare so Constitutionally eligible.

The Founding Fathers emphasized that, for the sake of the survival of the Constitutional Republic, the Office of President and Commander in Chief of the Military be free of foreign influence and intrigue. It is the “natural born Citizen” clause that gives the American people the best fighting chance to keep it that way for generations to come. American people do not have the Constitutional right to have any certain person be President. But for the reasons stated above, minimally they do have a Constitutional right to protect their liberty by knowing and assuring that their President is Constitutionally eligible and qualified to hold the Office of President and Commander in Chief of the Military.

Mario Apuzzo, Esq.
185 Gatzmer Avenue
Jamesburg NJ 08831
Email: apuzzo [AT] erols.com
TEL: 732-521-1900 ~ FAX: 732-521-3906
BLOG: http://puzo1.blogspot.com
####

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