Constitutional Emergency

OBAMA THE FRAUD, USURPER - Will The US Supreme Court Act On The Merits?


U.S. Supreme Court confers on Obama eligibility

Is president a 'natural-born citizen' as Constitution requires?

Posted: November 23, 2010
9:45 pm Eastern

By Brian Fitzpatrick
© 2010 WorldNetDaily

U.S. President Barack Obama listens to remarks by Russia's President Dmitry Medvedev during their meeting at the APEC Summit in Yokohama, November 14, 2010. REUTERS/Jim Young (JAPAN - Tags: POLITICS)

WASHINGTON – Is this the case that will break the presidential eligibility question wide open?

The Supreme Court conferred today on whether arguments should be heard on the merits of Kerchner v. Obama, a case challenging whether President Barack Obama is qualified to serve as president because he may not be a "natural-born citizen" as required by Article II, Section 1, Clause 5 of the U.S. Constitution.

Unlike other eligibility cases that have reached the Supreme Court, Kerchner vs. Obama focuses on the "Vattel theory," which argues that the writers of the Constitution believed the term "natural-born citizen" to mean a person born in the United States to parents who were both American citizens.

"This case is unprecedented," said Mario Apuzzo, the attorney bringing the suit. "I believe we presented an ironclad case. We've shown standing, and we've shown the importance of the issue for the Supreme Court. There's nothing standing in their way to grant us a writ of certiorari."

If the Supreme Court decides to grant the "writ of certiorari," it may direct a federal trial court in New Jersey to hear the merits of the case, or it may choose to hear the merits itself. The court's decision on the writ could be announced as early as Wednesday.

If any court hears the merits of the case, Apuzzo says it will mark the "death knell" for Obama's legitimacy.

"Given my research of what a natural-born citizen is, he cannot be a natural-born citizen so it's a death knell to his legitimacy. What happens on a practical level, how our political institutions would work that out, is something else," Apuzzo told WND.

Mario Apuzzo

Apuzzo observed it is "undisputed fact" that Obama's father was a British subject.

A hearing on the merits "is also a death knell because it would allow discovery so we would be able to ask him for his birth certificate, and we don't know what that would show," according to Apuzzo. "We might not even get to the question of defining 'natural-born citizen.' If he was not born in the U.S., he'd be undocumented, because he's never been naturalized. We don't even know what his citizenship status is. Hawaii has said they have his records, but that's hearsay. We have not seen the root documents."

Another attorney who has brought Obama eligibility cases to the Supreme Court, Philip Berg, agrees that discovery would sink Obama's presidency.

"If one court had guts enough to deal with this and allow discovery, Obama would be out of office," Berg told WND. "We would ask for a lift of Obama's ban on all of his documents. The last official report said Obama has spent $1.6 million in legal fees [keeping his papers secret], and the total is probably over $2 million now. You don't spend that kind of money unless there's something to hide, and I believe the reason he's hiding this is because he was not born in the United States."

"The Supreme Court has never decided to hear the merits of an eligibility case," Berg added. "If the Supreme Court would decide to hear a case, Obama would be out of office instantly. If Congress decided to hear a case, Obama would be out of office."

"They're taking a different approach, arguing that both parents must be citizens," Berg noted.

Apuzzo is arguing the "Vattel theory," which asserts that the term "natural-born citizen" as used in the Constitution was defined by French writer Emer de Vattel. Vattel, whose work, "The Law of Nations," was widely known and respected by the founding fathers, used the term to mean an individual born of two citizens.

According to Apuzzo, Congress and the courts have addressed the question of who can be an American citizen, for example regarding former slaves, Asian immigrants, and American Indians. However, the term "natural-born citizen" has never been altered.

"The courts and Congress have never changed the definition," said Apuzzo. "The founding fathers understood that the commander-in-chief of the armed forces needed to have two American citizens as parents so that American values would be imparted to him."

Apuzzo said the Supreme Court had clearly accepted Vattel's definition of "natural-born citizen" in "dicta," or statements made in opinions on cases addressing other matters. He cited Supreme Court Chief Justice John Marshall's opinion in the 1814 "Venus" case, in which Marshall endorses Vattel's definition.

Apuzzo also cites the writings of founding father David Ramsay, an influential South Carolina physician and historian who used similar language to Vattel.

Previous cases challenging Obama's eligibility have all been rejected on technical grounds. Numerous courts have decided that the plaintiffs do not have "standing" to bring a suit against Obama because they have failed to prove they are directly injured by his occupation of the Oval Office.

"To me that's false," said Berg. "The 10th Amendment refers to 'we the people.' If the people can't challenge the president's constitutionality, that would be ridiculous."

"My clients have a right to protection from an illegitimately sitting president," said Apuzzo. "Every decision he makes affects the life, property, and welfare of my clients."

Apuzzo said the founding fathers had good reason to require the president to be a natural-born citizen.

"They were making sure the President had the values from being reared from a child in the American system, and thereby would preserve everybody's life, liberty and property in the process.

"They made that decision, so my clients have every right to expect the president to be a natural-born citizen. It goes to all your basic rights, every right that is inalienable. The president has to be a natural-born citizen."

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THIS is the ONLY thing at this point that will stop the power grab
hope hope hope
This will go on forever, and nothing will ever be done.
praise jesus someone in washington has finally got a back bone and making the musslim radical prove who he really is and get his soorrryyy but out of AMERICA.take it back home barack hussane!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
Biden would preside until we sue everybody for Election Fraud. Pelosi, Boehner, Biden, all the House and Senate, due to them not bringing it up, and allowing this to continue when the evidence was always there.
(Also read the 20th Amendment, sec.3. I would say Biden doesn't qualify due to his being picked by BO, and BO wasn't qualified to pick anybody.)
Biden could not be President since he was selected by a constitutionally-ineligible person to make such a decision. Hence, Rep. Boehner would become President.
Yes there would be a contingent of blacks arise should Obama be ousted as he properly should be. But so be it, many of them are more racist than most folks. They claim to be living Martin Luther Kings dream, and many are so stupid all they see as their color. They could give a damn less about the country, or the laws, that is why so many are in prison, because they do not care about the laws, with their jungle mentality. If one thinks of me as racist for being a realist that's fine. I served with a good many in the military and out of 100's of blacks I only met or knew maybe five decent ones. I also have had a good many blacks work for me through the years, and can only think of 2 decent ones when push came to shove. The federal governments coddling of them has been more damaging to them than anything, I had several work with and for me in the south, and knew more decent respectable ones there then anywhere,. There are a good many people, and blacks in particular who could learn a lot from Bill Cosby, Ever last one of hte past cngress, all of the Obama appointees ought to be tried on treason, and Michelle as well. for htre dages that has been done to our country, including Micheal moore and George Soros, who I am sure is using Obama as a puppet for him.
I think we should give them the bill for all their unnecessary and extravagant "vacations" too!
I think only if Biden chose to change them; I'm not sure on that, but they might have to be re-approved by Congress first, which might clean out some of the less acceptable members too. But Pelosi wouldn't automatically become VP, that has to go through nomination/ Congressional approval kind of like a SCOTUS appointment. Remember how Ford got Nelson Rockefeller on with him? Truman didn't have a VP until he actually ran for POTUS, if I remember correctly. The thing is Biden, as well as Reid and Pelosi, is part of the cover-up of Obama's ineligibility, so shouldn't be the one to take office either. All of them should be prosecuted for their conspiracy to defraud the American people, and other crimes against the citizens of this nation as well, in which all are complicit!
Truck, Pelosi along with the leaders of the DNC and the Secretary of States that radified him should all be brought up on treason charges. That could change the complete landscape with the Supreme Court invalidating the election of President which could cause an order that a Special national election be held. I don't think Biden would survive the process and would (should) be declared not eligible to succeed to the Presidency as would (should) Pelosi for her part in falsifying his candidacy. Probably too much to hope for...
You sure be right.

Semper Fi
I think pelosi will be bought up on charges, after all she signed the papers that he is legal to serve as president.



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