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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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You may want to read Arnie's letter to John Roberts...
http://scannedretina.wordpress.com/2010/07/16/supreme-court-treason...
I wish America had that same fork struck in them so they would be done as well.
And (Ret) Lt Cmdr Walter Francis Fitzpatrick III
Both are fighting for us but Walt is already in jail...
http://www.riseupforamerica.com
http://www.thepostemail.com

Don't read these if you have blood pressure problems...
The Army has already denied him that. They're kowtowing to Obama's ego too.
An angry mob will only get people arrested and give them an excuse to clamp down martial law; and how does that help LCOL Lakin or anyone else? Better would be to begin pressing state legislatures to move beyond nullification toward secession and a regrouping under the Constitution but without the current Federal government; start over from scratch, if you will. Those 13 colonies managed it without the Internet, cell phones, planes and all the rest, or even a blueprint for HOW to do so. We do have all that. And since everyone in the world seems to be using fiat money anyway, there shouldn't be a problem there.
The angry mob assembles at every state capitol and, more importantly, DC.
Only the when is in question since, sooner or later, every one of you fence turles will be faced with the prospect of feeding your family or resisting the tyranny.
Dec. 7th is the day you can do your own protest by withdrawing your funds from the bank.
The bank is the government and the government is the bank. Hit them where they will, most definitely, feel it.
This action is worldwide.
True, but Obama is NO Lincoln! He may have had an edge that could have provoked the kind of Civil War we had in the 1860s even a year ago, but at this point, with less than 45% of the population even liking HIIM, much less his policies, I'm not sure he COULD rally people to such a war the way Lincoln did the northern states. I think the conservative element has at least the same level of passion and training that the Confederacy had, and the libs are generally anti-military, anti-gun, etc. That leaves our military, and I suspect McChrystal was only a symptom of their disillusionment with "Glorious Usuper", so I really wonder if they would go to war on his orders against their own families and neighbors in THAT circumstance. Of course he does still have his private army, authorized under Obamacare and training since last spring, but they're NOT combat experienced like the troops overseas and many have rotated home, OR the majority of the vets among the conservatives, which is another edge there. In the 1860s almost NONE of the troops on either side had seen combat, except a few of the professionals who'd fought in the war against Mexico or Cavalry who'd fought against the Native peoples, and most of those were higher officers or non-coms. I know it's NOT an enticing picture either way, but neither is succumbing to Obama's, Soros' and their pals' agenda for us all! Personally, I'd rather go down FIGHTING than like the Jews herded into the gas chambers like sheep to the slaughter!
I know he's had some 80,000 on standby at Ft Stewart with standing orders to intervene in any "civil unrest" since last spring, and I know there have been UN marked vehicles and unmarked as well, on the ground since then as well; I don't have photos, but my brother has seen them while driving truck all over the area between Chicago and Boston and as far south as WV and TN, because when I started hearing rumors about them I asked if he'd seen any and he said he had. He said at the TIME they looked to be just in transit, not "combat ready", but it doesn't take long to "fix" that. I've also heard reports of UN and NATO troops here training; but that COULD be part of routine contracted training , or it could equally be something far more ominous. I also know of folks, including me, who've experienced an increase in helicopter traffic in their areas over the past several months. I live in a very rural area of the high desert, and we don't normally hear a helicopter unless it's a medical emergency, or the police are searching for someone, but that's MAYBE once a month or so; NOT several times a day! Or several days a week! It's been quieter the past couple of weeks than it' has been in months. Like waiting for the other shoe to drop... Then there's his little private army; I'm not sure how many of those he has, but the ones I saw in the videos last spring when they were starting to train looked like a "minorities" version of a cross between the Brown Shirts and older members of the Hitler Youth, mostly young males of about late teens to maybe 30 max, by the looks of them, and all completely brainwashed, already; spouting socialist/Obama slogans.
I agree TDF.......a million men under Northcom is not justified without more detail....and a lot more detail?? I've never been to Ft Steward Sandra....but 80,000 on "standby"........can Ft Stewart hold that many with all associated support elements for 80,000 ready to go???

We really need supporting evidence of the so-called Obama Army.....I'm not saying he's not up to mischief, we must need better evidence of planning, etc.....
I haven't been there either, but it's a pretty good sized base in southeast GA., by the look of it on a map. As for the private army, it's authorized under Obamacare and You Tube had some clips of it, but at the time I hadn't started saving links, so I don't have them, I'm sorry to say. I saw at least 2 different ones of them. in what looked like early boot camp back in late April or early May. Different faces,same expression and chants of lib slogans chillingly reminiscent of the Hitler Youth at their rallies, if you've ever seen newsreel footage of them, but a bit older; late teens to maybe 30, mostly minorities, a few whites.dressed in combat boots, fatigue pants and black tees, almost exclusively. No covers or insignias to be seen.
Present you facts Paul.........FEMA camps, death trains, Crypts, etc.....

Also, Ft Stewart may be the largest Army camp east of the Mississippi but not the largest military base......Eglin AFB in Florida has over 500,000 acres in it's vast training/research area........
OMG please tell me this is real!!! I would be the happiest woman on earth if they were to OUST HIS BEHIND out of there. He is not an American nor were his parents! Bring it on!!!!!!!!!! See, God hears prayers!! :)

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