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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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What has happened since 9:45 AM this morning inregards to this posting. Nothing has been menitioned on National News channels. Did it run into a stonewall?
The problem we're having is that so few are willing and able to act...
I can thank the criminals for doing the one thing they did not expect. That we would dig a little deeper to find the root cause of this abomination. Dig we have and what we found is that our whole system has been perverted for the benifit of a few Elitist. The roots start in pre revolutionary times.
In our brief history we have witnessed this common theme.., he who has the gold makes the rules. Definition.., the bankers/money changers or whatever you prefer to call them, have manipulated every form of currency for their benefit and, in turn, manipulated us.
We live in a country that has every natural resource needed to be an island unto ourselves and this is why the rest of the world has, from our beginning, sought to stifle our economic progress. The leaches of the world see such prosperity as a free lunch (research Argentina). These very same people have instilled in our educational system the premiss that we are here to take care of them. Now how, in Gods name, does that jibe with our founding fathers take on this nation? It doesn't. Charity starts and ends with the family and the church, never to be legislated but legislate they have. We permitted it, we allowed it and we are responsible for this mess. We can also change it by turning back the hands of time to a point in our nations history when it actually worked. (Hint: pre civil war) Don't bother to give me the slave argument as that is worn out. Hell, we're all slaves now and to whom? The very leaches we've allowed to destroy us.
Those that are to ugly to make it in Hollywood become politicians (Reid, Pelosi, etc..,) and dictate to us how we are to entertain and take care of them (they enter politics with nothing and in short order become millionaires.., how is this possible?).
We allow it. We reward it and then piss and moan about it. What a country!
I've said it before and I'll say it again...
Pick up your pitchforks and torches and lets ALL meet in that little foreign country we call DC.
Why wouldn't the White House go to McCain? If Berry cann't not be President i.e. he couldn't have been elected to start with. Right?
McCain is a Natural Born American Citizen, even though born in Panama, because BOTH parents were American Citizens!! Now Obummer...his mother only may have been a US citizen, though quite possibly not, Obummer's Father was a British citizen...not American, therefore he is not Natural born, and was born in Kenya! It's possible that he is not even an American citizen!! Yet the supreme court raping the constitution said he is eligible!!C
I think you need to read the Constitution. Of both my parents were American,and I was born in Norway. uh... I'm not natural born citizen of the USA.. It's pretty easy to understand if you read it. I'm not trying to be a smarty pants. But it took a lot for me to accept the words of the constitution. We know Obama is a fraud.And I wanted so much to have an underdog who was robbed like"McCain". But after I read 2 sentences. McCain was a fraud too.
I think you're right. McCain just quietly faded away.I know they knew about it. But McCaim wasn't eligible either.
Both of McCains parents were American Citizens...therefore he is considered a Natural Born American!!! Not so with Obummer!!!
Right Twana. The Constitution could not be easier to read and understand. McCain was not eligible either.
The reason McCain was considered eligible was that the hospital was being used by the Military since they had none of there own. His father was stationed there in Panama.
Very loose interpretation of 'soil'.
(Don't jump all over me. I just report the items.)
His parents were based down there on active duty; and he was born on the base. Makes a difference. Obama, on the other hand, IS a foreign national, last known citizenship was Indonesia; and he was still listed as an Indonesian when he started at Occidental. Indonesia DOESN'T allow for dual citizenship, so whatever his birth citizenship, it was forfeit when he became an Indonesian citizen. He was registered in the school there as such too.
Ed,

Like you, I thought McCain is/was ineligible and for all intents and purposes, he is.
Having said that, I want to tell you about the PC Zone...
It was bought and paid for by Teddy Roosevelt's administration and was, at the time, considered US territory (soil). The hospital still has a landmark, outside, that clearly notes this. The problem for anyone born after Jimmy Carter's (ugh) Presidency is that he GAVE it back to Panama. When he did this, all rights and priviledges that went with being born on that strip of land, went away, hence, after Jimmy, our title to the property dissappeared and that is why resolution 511 was tendered in April of 08.
What I'm saying is this.., JM WAS born on American soil and had he run for office prior to Carter, there would have been no question. Post Carter debate on this issue was circumvented by that resolution since, to question Carter's authority to relinquish the PC Zone to Panama would have opened up another can of worms our lilly livered government did not want opened.
Yet another conspiracy? You betcha...
Ed,

Having had this discussion before I can tell you that, according to a Ret. LT. Col who was stationed there, that hospital was on (pre-Carter) American soil. We can debate what really constitutes American soil and I believe that know matter how you slice it Panama is and was a foreign soveriegn Nation.The argument used, in this case, was whether or not land purchased by Teddy Roosevelt's governemnt could be considered "of the soil", our soil. On the face, the answer can only be NO but I do want to throw out that caveat as it would appear to muddy the definition. Panama was never an American state and therefore JM was foreign born. Even those born on foreign bases have had to be Naturalized in many cases. Bottom line is that our founding fathers never envisioned occupying foreign soil with our Military
I'm not arguing that point just want all to know how our history can be manipulated for political gain. The argument I give is for that purpose alone.
Just so we understand one another.., two candidates, neither one eligible.
One gets a Senatorial pass, the other commits a crime in full view of Congress and America.
Let's fight the one who occupies the White House now and hope we'd be fighting this same battle even if JM had gotten in.

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