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Kerchner v Obama: Even if Obama was born in Hawaii as he claims, he still fails to reach the Constitution’s mandated eligibility requirement.

Saturday, October 2, 2010 22:37
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(Before It's News)

Via WND;Supremes get case against ‘putative’ President ObamaPetition: ‘There exists possibility that he could be an illegal alien’ – Bob Unruh

A new court filing that returns the issue of Barack Obama’s eligibility to the U.S. Supreme Court warns that unless the judiciary makes a definitive decision in the dispute, it will be the same as allowing the political interests in the United States to amend the U.S. Constitution at will.

A petition for writ of certiorari has been filed with the high court in the 3rd U.S. Circuit Court of Appeals decision to uphold the dismissal of a case brought by attorney Mario Apuzzo on behalf of Charles F. Kerchner Jr., Lowell T. Patterson, Darrell James Lenormand and Donald H. Nelsen Jr.

Named as defendants are Barack Hussein Obama II, the U.S., Congress, the Senate, the House of Representatives, former Vice President Dick Cheney and House Speaker Nancy Pelosi.

The case alleges Congress failed to follow the Constitution, which “provides that Congress must fully qualify the candidate ‘elected’ by the Electoral College Electors.”

The trial court rejected the case based on issues of “standing” and never addressed the core issues presented. The appellate court did the same.

Now Apuzzo has escalated the issue to the highest court in the land, suggesting that “the constitutional issue … cannot be decided by the political parties and a voting majority. Our nation is ultimately guided by the Constitution and the rule of law, not by majority rule. Allowing the political parties and the voting majorities to decide constitutional issues would be tantamount to amending the Constitution without going through the amendment process prescribed by Article V of the Constitution and abandoning the basic principles of republican government.”

In an announcement about the filing, Apuzzo said Obama not only has not proven, as required under the Constitution, his status as a “natural born citizen,” but “he has hidden all his early life records including his original long-form birth certificate, early school records, college records, travel and passport records needed to prove he is even a born citizen of the United States.”

His case argues, essentially, that even if Obama was born in Hawaii as he claims, he still fails to reach the Constitution’s mandated eligibility requirement.

And it could be even worse.

“Putative President, Barack Hussein Obama … has not yet conclusively proven that he was born in the United States … His father was never a United States citizen nor was he even a permanent resident … They both became Kenyan citizens when Kenya got its independence in 1963 … Obama’s relationship to his Indonesian stepfather and move to Indonesia when he was a child … and his travels to Pakistan in 1981, also raise doubts,” the petition explains.

“If Obama was not born in the United States, there exists a possibility that Obama could be an illegal alien,” it states

“Obama was born a British subject/citizen to a British subject/citizen father and a U.S. citizen mother. Obama’s father was not a U.S. citizen and never intended to be one. Obama’s father was never even an immigrant to the USA nor was he even a permanent legal resident. Obama’s father was a foreign national sojourning in the USA to attend college. Obama is still a British subject/citizen to this day because he has never renounced that citizenship. According to this lawsuit, Obama was born a dual-citizen with dual allegiance and loyalty and is therefore not constitutionally eligible to be the president and commander-in-chief of our military,” Kerchner explained.

“The founders of our country and framers of our Constitution required the president to have unity of citizenship and sole natural allegiance to the USA from the moment of birth, which Obama does not and cannot have. This was a national security issue to the founders and framers,” he said.

Besides Obama’s British citizenship, which “converted to Kenyan citizenship at age 2,” Kerchner writes, “Obama was also an Indonesian citizen as a youth when he was adopted or acknowledged by his Indonesian stepfather when he married his mother, Stanley Ann Dunham.”

The lawsuit simply seeks a trial on the merits “to determine the true facts of Obama’s legal identity and exact citizenship status and to require Obama to prove to the courts that he is eligible for the federal office he sits in per our Constitution, Article II, Section 1, Clause 5, which states: 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.” …continued here; http://www.wnd.com/index.php?fa=PAGE.view&pageId=210521

Previous reports on Kerchner v Obama/Congress/Pelosi can be viewed here. Visit the Birther Vault for the long list of evidence and people questioning Obama’s eligibility; [http://obamareleaseyourrecords.blogspot.com/2010/08/video-ltc-terry-lakins-attorney-on-cnn.html].
Kerchner v Obama/Congress/Pelosi – Petition for Writ of Certiorari filed with the U.S. Supreme Court – 9/30…

- FIVE ATTEMPTS TO RE-DEFINE NATURAL BORN CITIZEN SINCE 2001 -

Obama Ineligible – I tried and lied but it won’t go away! Wash Times Natl Wkly 2010-09-27 pg 5

Read more at Birther Report



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