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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To Paul only: (nobody else read this) The statement "Who was a 'natural born Citizen' before the 14th Amendment if the 14th gave 'natural born citizenship'?" was to deukes argument on citizenship above.
"There is no requirement for the parent(s) to be both U.S. citizens or having been a resident for five years on U.S. soil. The only requirement for U.S. citizenship is to be born on U.S. soil. Allow these excerpts from the 14th amendment and the "Citizenship clause" to possibly suffice."
I was pointing out that the 14th didn't give natural born Citizenship. And just being a citizen (14th) is not enough to be POTUS.
It's never funny when one calls others idiots. There's never a need to do so. It's a sign of immaturity and a lack of intelligence. One can point out the flaws in another's comments, but there's no need to slander them.

So aside from your rudeness, I have to agree that there is a difference between being a "citizen" and a "natural-born citizen." I respectfully apologize for having misspoken about the facts of the 14th amendment. I agree that obammy has not proven, nor will he, that he is a natural-born citizen. Therefore, we will send you, Paul Smith, to arrest him and bring him to court to stand trial for treason.
Thank you.....
Idiot, properly is the designation of a person whose IQ is below 20. Imbecile is 20-60, and moron is 60 to low normal. These are the psychiatric evaluations.
Under the clause "natural born citizen" which was derived from Vattel, it does clearly require both parents to be citizens, unless that person was a citizen living here 14 years and became a citizen at the time the Constitution of the United States was ratified; don't think Obama can prove that. The fact that the Founders went to such length to state specifically only a "NATURAL BORN Citizen"' could be eligible clearly indicates they meant something more than mere "citizen" by that; they don't place that requirement on any other office, and we know they were using Vattel's guidelines in the writing of the Constitution The 14th Amendment was intended only to pertain to the slaves brought here against their wills, and their children; no one else, in reality. A naturalized citizen is NOT natural born. My parents were citizens and I was born in MO, which makes me a natural born Citizen under Vattel's definition. However further complicating Obama's claims is the fact that he became an Indonesian citizen, and dual citizenship isn't allowed there, by their laws. Neither can any but a citizen attend school in Indonesia, which Obama did. I've seen the records. He was still listed as an Indonesian national when he started at Occidental, and I've seen NO HINT he naturalized at any time, since he traveled to Pakistan on an Indonesian passport in the '80s, neither has attorney Mario Puzzo, according to a recent statement from him with respect to the case he has pending before SCOTUS now. It's also known he's operating under a purloined SSN as recently as last spring, uncovered by 2 separate and independently investigating PIs, and reported by World Net Daily, I believe it was in April. CA's fiscal records have him listed as on a foreign student scholarship at Occidental, and as Indonesian. Haven't seen the school records. Also the Mombasa birth certificate is available for viewing at American Grand Jury's home page, look under Lucas Smith, he brought it back and had a case that wasn't heard on the merits; but you can still see the documents. One more thing; that supposed HI birth certificate falls down on all sorts of levels. First the form wasn't even available until after the year 2000, second HI didn't accept it as proof of anything except that a baby was born SOMEWHERE alive and was then living in HI, until AFTER the controversy over Obama began to seriously heat up. In fact, last year was when they changed that. IF that had actually been Obama's certificate of live birth, it should have been on a form available in 1961, don't you think? So to date, Obama has shown NOTHING that proves he is or ever was a US citizen! A COLB is NOT a valid birth certificate, it shows nothing that proves a given person is the person named on it; a birth certificate has the foot print of the baby, and like fingerprints, those don't change even after a lifetime, in terms of the loops, and whorls and so on. All we'd need is a current left foot print of Obama to have compared against the one on his birth certificate from Mombasa... by an INDEPENDENT expert, NOT the FBI, as they're under the thumbs of both Holder and Obama.
Very well put Sandra it is good to see folks waking up to reality. I have been on this for a couple years, in preaching to the choir, but I think many are deaf, blind and stupid. It is amazing. And there are so many that believe as you and I do, but who are terrified of rocking the boat and causing a racial unrest. It that is what it takes to get our country back lets get it on. Our country is much more important than coddling blacks, brown, striped, or what ever. Obama is nothing more than a puppet for the likes of George Soro's. Michael Moore, even Bill Gates and Warren Buffet. Actually I think both the later ones are being donors to him for personal benefits rather than loyalty. Also the bankers, and the federal treasury and the IMF. The later 2 are responsible for JFK and Bobby Kennedys deaths as JFK signed and put in to motion to put the country on the Silver standard for our money since Roosevelt screwed us in removing the gold standard. The elite bankers with their fraud on controlling all the money world wide, and printing fiat money. There is so much corruption in hits country and world wide it is going to take a lot to clean it up but I am sure we could if we get started weeding out and prosecuting the scum. I think a good through investigation (with teeth) should go through from the 1st Bush through the present scum bag. Many folks would come to a rude awakening. Ehat part of MO are/were you from? i am from Western MO originally
Me too, I was born in KC, literally right on the river bank; at least that was where the hospital was, still well into the '60s, but I think it's gone now. I couldn't find it when I tried with Google Earth one time last year. It was right near the old Municipal Airport in KC. Blame TWA. They used to start all their new pilots out of there.
Actually, that particular conspiracy goes back to Ike's administration {1954} although I don't think they got much off the ground before the 1960 election. I have no doubt Kennedy was their boy too, only he didn't play so nice, and had to be eliminated. Bobby was heading much the same way, and probably knew too much as well. As for the banksters, they started in about the 1750s with their crap, then joined up with this elitist bunch in the 1950s. Look for them under the nickname Illuminati.
Now about those "race" riots: let them riot. Wait 'til they see what happens when the entitlements start vanishing! Or when there's no food, clean water, infrastructure to coddle and care for them and NO free health care because the nation has literally gone belly up!
So AC says BO lost his British Citizenship when he turned 25. Leaving out the Indonesian Adoption, that would mean he is only a citizen, not a natural born Citizen. At Birth he was a dual citizen, American/British. Remove the British and he is only a Citizen.
Where did he GET this American citizenship from? His mother wasn't qualified to confer it; hadn't lived 5 years past the age of 14 in the US before his birth, which was in KENYA, ergo his citizenship prior to the Indonesian adoption was Kenyan/British. And since there's no evidence he ever naturalized after that trip to Pakistan on the Indonesian passport { only allowed to Indonesian citizens}... where does US citizenship come from?
you all make very excellent and very valid points. therefore you have answered your own question. this spineless and feckless government will make sure that this never sees the inside of the courtroom. the list of culpable fellow conspirators would be enough to keep the federal prisons full for years to come. besides the maximum penalty for treason in a time of war is death. has anyone noticed that the states that had decided to put full disclosure laws on their election laws have gone extremely quiet. also. yesterday did you see the look on the secret service agents and obamas face as he left after getting busted in the mouth. doesn't look like it was an accident to me. if it was an accident then obummer is a real pussy.
It appears to me we have beat this post up pretty good.........I don't see a lot more we can discover in further will be up to the courts or congress to nail the final decision to Obama's fraud.........

If there are other facts that need to be surfaced, by all means do it. However, rehashing all we have said over and over is getting on many folks last nerve........

Be careful not to attack each other personally or imply a personal attack........stay with the facts and one's opinion.......disagree fine.......agree to disagree, fine.........

We are all passionate about this issue.......God help us find a solution that's in the best interest of the United States and "we the people"......
I guess since I wasn't offended, I'm not an Idiot after all. Thanks, Paul, for clearing that up.
If the supreme court refuses to hear this maybe it is time to weed them all out. The 2 Obama had put in the court ought not be allowed to vote as they certainly will be biased in his favor, They could/would vote for him with no hearing, In my opinion they were totally unqualified to set on that court, On the other hand I would be delighted to set on nay jury hearing his case, I fully know he would have one vote against him. I am not baised, I just PLAIN do not like him.



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