BORN IN THE USA?

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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Replies

  • THIS is the ONLY thing at this point that will stop the power grab
    • hope hope hope
      HOPE IS ALIVE!!
  • 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!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
  • Obama should never have even been considered to be president. So much corruption in our government today and that's why he's living in our White House. I pray to God that this will happen. In addition, under the circumstances, though, there are so very few people who have the ethics, much less the courage to do what's right for us and our country. Due to that, I will not hold my breath on it happening.
  • What must be done no matter what else is pursued, is to get these politicians voted out of office; elected officials, judges, dogcatchers, county supervisors, etc. ad nauseum. Once they are out, they must be investigated for every crime and mis management and lie and prosecuted to the full extent of the law. They must have to spend vast amounts of money for their defense and be shown no mercy as they are traitors to America and Americans. Those that can be convicted of treason should be condemned to death by firing squad or being cast away on a remote and uninhabitable island somewhere. It's time to end the Mr. Nice Guy business with our treatment of these crooks. By the way that should go for the communist union bosses and corporate enablers also.

    Ron
    • Yes! And if it takes years to accomplish, so be it. I believe this can be done, and with God's help it will be done.

      Dee
  • WE as a Nation need to pray for GODS Grace and Forgiveness as a whole and ask that his Spirit move over the Supreme Court in this case. I feel if the founders we're in this situation they would pray over this. I know some will say they would never be in this situation to begin with.

    I to believe that to be the case but in this present time we as a Nation Under GOD must trust our LORD.
    We need to ask the LORD to move us as a Nation back to the FOUNDERS beliefs One Nation Under GOD.
    When Obama is removed then we need to stand and have all who we're involved in this Conspiracy removed.

    As two very knowledgeable men said to me one a Publisher the other a Marine these implications will run DEEP.
    We as a nation are facing great opposition from all sides,and the worst part is being torn apart from within.
    • Amen Shane......
  • Its very Doubtful unless Aamerican's Get Involved and Act - bring pressure on the Congress to Act, Starting of course with the House . I am not encouraged by what I see today.

    TSGT Clough
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