Constitutional Emergency

A new lawsuit is challenging Barack Obama's eligibility to be president, and this one targets Congress as a defendant for its "failure" to uphold the constitutional demand to make sure Obama qualified before approving the Electoral College vote that actually designated him as the occupant of the Oval Office.

The new case raises many of the same arguments as dozens of other cases that have flooded into courtrooms around the nation since the November election.

It is being brought on behalf of Charles F. Kerchner Jr., Lowell T. Patterson, Darrell James Lenormand and Donald H. Nelson Jr. and names as defendants Barack Hussein Obama II, the U.S., Congress, the Senate, House of Representatives and former Vice President Dick Cheney along with House Speaker Nancy Pelosi.

Where's the proof Barack Obama was born in the U.S. or that he fulfills the "natural-born American" clause in the Constitution? If you still want to see it, join more than 193,000 others and sign up now!

As WND has reported, dozens of lawsuits have been filed over Obama's eligibility to assume the office of the president. Many have been dismissed while others remain pending.

The cases, in various ways, have alleged Obama does not meet the "natural born citizen" clause of the U.S. Constitution, Article 2, Section 1, which reads, "No Person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President."

Some of the legal challenges have alleged Obama was not born in Hawaii, as he insists, but in Kenya. Obama's American mother, the suits contend, was too young at the time of his birth to confer American citizenship to her son under the law at the time.

Other challenges have focused on Obama's citizenship through his father, a Kenyan subject to the jurisdiction of the United Kingdom at the time of his birth, thus making him a dual citizen. The cases contend the framers of the Constitution excluded dual citizens from qualifying as natural born.

Several details of Obama's past have added twists to the question of his eligibility and citizenship, including his family's move to Indonesia when he was a child, his travel to Pakistan in the '80s when such travel was forbidden to American citizens and conflicting reports from Obama's family about his place of birth.

Perhaps the most perplexing detail, however, has been Obama's refusal to allow the public release of a signed "vault" copy of his original birth certificate.

The new case was launched in New Jersey, and focuses on the alleged failure in Congress to follow the Constitution.

That document, the lawsuit states, "provides that Congress must fully qualify the candidate 'elected' by the Electoral College Electors."

In provides, the lawsuit said, "If the president-elect shall have failed to qualify, then the vice president elect shall act as president until a president shall have qualified."

"There existed significant public doubt and grievances from plaintiffs and other concerned Americans regarding Obama's eligibility to be president and defendants had the sworn duty to protect and preserve the Constitution and specifically under the 20th Amendment, Section 3, a Constitutional obligation to confirm whether Obama, once the electors elected him, was qualified."

"Congress is the elected representative of the American people and the people speak and act through them," the lawsuit said.

The defendants "violated" the 20th Amendment by failing to assure that Obama meets the eligibility requirements," the lawsuit said.

In the Russian publication Pravda, commentator Mark S. McGrew addressed the subject:

"The United States Congress is required, under the U.S. Code of Federal Regulations, to count the Electoral College votes for president and vice president, ask if any member of Congress objects to the count and hear that Congressman's objection. This is under Title 3, Chapter 1, Section 15, 'Upon such reading of any such certificate of paper, the president of the Senate shall call for objections, if any,'" he wrote.

Several of the cases – including those brought by Orly Taitz, Cort Wrotnowski, Leo Donofrio and Philip Berg, already have been heard in conference at the U.S. Supreme Court, which has failed to have a hearing on any of the merits involved.

Taitz, in fact, is requesting information from the Supreme Court about a meeting eight of its justices held with Obama, a defendant in her case, before the justices reviewed the issues of the case in a private conference.

Several of the cases not scheduled for hearings at the Supreme Court still remain active at lower court levels, from which emergency requests to the high court were launched.

"I know that Mr. Obama is not a constitutionally qualified natural born citizen and is ineligible to assume the office of president of the United States," Berg said in a statement on his website.

"Obama knows he is not 'natural born' as he knows where he was born and he knows he was adopted in Indonesia; Obama is an attorney, Harvard Law grad who taught Constitutional law; Obama knows his candidacy is the largest 'hoax' attempted on the citizens of the United States in over 200 years; Obama places our Constitution in a 'crisis' situation; and Obama is in a situation where he can be blackmailed by leaders around the world who know Obama is not qualified," Berg's statement continued.

A partial listing and status update for several of the cases surrounding Obama's eligibility to serve as president is below:

Philip J. Berg, a Pennsylvania Democrat, demanded that the courts verify Obama's original birth certificate and other documents proving his American citizenship. Berg's latest appeal, requesting an injunction to stop the Electoral College from selecting the 44th president, was denied.

Leo Donofrio of New Jersey filed a lawsuit claiming Obama's dual citizenship disqualified him from serving as president. His case was considered in conference by the U.S. Supreme Court but denied a full hearing.

Cort Wrotnowski filed suit against Connecticut's secretary of state, making a similar argument to Donofrio. His case was considered in conference by the U.S. Supreme Court, but was denied a full hearing.

Former presidential candidate Alan Keyes headlines a list of people filing a suit in California, in a case handled by the United States Justice Foundation, that asks the secretary of state to refuse to allow the state's 55 Electoral College votes to be cast in the 2008 presidential election until Obama verifies his eligibility to hold the office. The case is pending, and lawyers are seeking the public's support.

Chicago attorney Andy Martin sought legal action requiring Hawaii Gov. Linda Lingle to release Obama's vital statistics record. The case was dismissed by Hawaii Circuit Court Judge Bert Ayabe.

Lt. Col. Donald Sullivan sought a temporary restraining order to stop the Electoral College vote in North Carolina until Barack Obama's eligibility could be confirmed, alleging doubt about Obama's citizenship. His case was denied.

In Ohio, David M. Neal sued to force the secretary of state to request documents from the Federal Elections Commission, the Democratic National Committee, the Ohio Democratic Party and Obama to show the presidential candidate was born in Hawaii. The case was denied.

In Washington state, Steven Marquis sued the secretary of state seeking a determination on Obama's citizenship. The case was denied.

In Georgia, Rev. Tom Terry asked the state Supreme Court to authenticate Obama's birth certificate. His request for an injunction against Georgia's secretary of state was denied by Georgia Superior Court Judge Jerry W. Baxter.

California attorney Orly Taitz has brought a case, Lightfoot vs. Bowen, on behalf of Gail Lightfoot, the vice presidential candidate on the ballot with Ron Paul, four electors and two registered voters.

Private investigator Douglas Hagmann of reported earlier he found 13 cases challenging Obama's eligibility still active or semi-active.

In addition, other cases cited on the RightSideofLife blog as raising questions about Obama's eligibility include:

In Texas, Darrel Hunter vs. Obama later was dismissed.

In Ohio, Gordon Stamper vs. U.S. later was dismissed.

In Texas, Brockhausen vs. Andrade.

In Washington, L. Charles vs. Obama.

In Hawaii, Keyes vs. Lingle, dismissed.
WND senior reporter Jerome Corsi had gone to both Kenya and Hawaii prior to the election to investigate issues surrounding Obama's birth. But his research and discoveries only raised more questions.

The biggest question was why, if a Hawaii birth certificate exists as his campaign has stated, Obama hasn't simply ordered it made available to settle the rumors.

The governor's office in Hawaii said there is a valid certificate but rejected requests for access and left ambiguous its origin: Does the certificate on file with the Department of Health indicate a Hawaii birth or was it generated after the Obama family registered a Kenyan birth in Hawaii?

Obama's half-sister, Maya Soetoro, has named two different Hawaii hospitals where Obama could have been born. There have been other allegations that Obama actually was born in Kenya during a time when his father was a British subject. A one point a Kenyan ambassador said Obama's birth place in Kenya already was recognized and honored.

Views: 8

Comment by Mary Siddell on January 31, 2009 at 8:01pm
Why do we hear nothing about this on the news? To my knowledge even FoxNews has not mentioned the fact that this person will not validate his credentials. They should be all over this and every day that goes by with nothing from the media. I can't help but feel that we patriots are in this thing by ourselves. God help us!
Comment by DJ "El Gato" Czerniejewski on January 31, 2009 at 9:10pm
God IS helping us by bringing us together for this important mission we are on!
Comment by Larry on January 31, 2009 at 9:23pm
From the speed things are going by way of lawsuits and the like plus the change for all the free stuff he promised. Well only seems right that the Congress or better yet his cronies will get real tired of this and roll over on Mr. Nobama. :-) hope real soon!
Comment by JinOhio on July 22, 2009 at 1:09am
Lou Dobbs is finally talking about this on his radio show. You can replay the previous episodes at

This is the first email I sent to Mr. Dobbs today.
Mr. Dobbs,

First, thank you for FINALLY talking about the truth - that Barack Hussein Obama, Jr., is NOT eligible to hold the office of the President of the United States.

However, I am amazed that you still don’t get it. You keep repeating that the usurper (Obama aka Soetoro) could clear up this entire controversy by simply revealing his original birth certificate.

That is a false statement. Please stop mis-stating the issue! I beg you: if you do not have time to bring yourself up to speed on the definition of ‘natural born citizen’ and our Constitution, Article II, Section 1, Clause 5, then please assign some of your staff members to study this topic and GET IT RIGHT! If you continue to ask for a simple birth certificate, rest assured, one will be manufactured, and then we will never get another opportunity to educate the voters about this massive fraud that has been carried out against the electorate – the location of birth is irrelevant in this instance.

If none of you have time to do this reading – call up Leo Donofrio and ask him to explain it. He filed suit in New Jersey before the election of November 2008. He can explain it better than anyone else. Or, if you want a Constitutional scholar to weigh in on this topic, call up Dr. Edwin Vieira.

The location of the usurper’s birth doesn’t matter for this reason: Article II, Section 1, Clause 5:

“No person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President; neither shall any Person be eligible to that Office who shall not have attained to the Age of thirty-five Years, and been fourteen Years a Resident within the United States.”

The original birth certificate is a trivial side issue in this election-turned-travesty. Here is the REAL question – and you must understand the definition as intended by the authors of our U.S. Constitution when you ask this question:

“During the election, then Senator Obama published a statement at his website which said that his birth status was “governed” by the British Nationality Act of 1948. Can you please tell the American people how a natural born citizen of the United States can be governed – at birth – by British law?” ~Leo Donofrio

Now, you MUST understand the definition of Natural Born Citizen!

God Bless you and your staff for trying, at least, to be honest journalists. Again, thank you for finally discussing this on the air.
Comment by JinOhio on July 22, 2009 at 1:10am
This is the second email I sent to Mr. Dobbs today.
Mr. Dobbs,
I forwarded - 'shared' - through the web page of the Urban Dictionary, the definitions of Natural Born Citizen. I did not forward the same information 5 times. The definition is explained five different ways at that web page, so each of the 5 emails points to a slightly different substantiation of the framers' intended Natural Born Citizen.

Is it possible that the usurper is setting up our nation to say, when the 'original birth certificate', whether authentic or manufactured, finally is revealed, "Aw shucks, that ol' Constitution doesn't really mean that anymore. Let him go 'head an' stay in the White House."?!?!?!?

Please help clarify this. Do the research - get this right. I beg you. Our Constitution is being set up to be shredded. It doesn't matter what his birth certificate says. It doesn't matter where he was birthed. The Usurper in Chief is not eligible to be in our White House. He has brought Chicago politics to Washington DC to ensure that you stay quiet about this. The inquiries you are receiving from the L.A. Times are designed to discredit your questions.

" associate at a Chicago law firm whose partner served on a finance committee for Obama has advocated simply abandoning the U.S. Constitution's requirement that a president be a "natural-born" citizen.

"The paper was written in 2006 by Sarah Herlihy, just two years after Obama had won a landslide election in Illinois to the U.S. Senate. Herlihy is listed as an associate at the Chicago firm of Kirkland & Ellis. A partner in the same firm, Bruce I. Ettelson, cites his membership on the finance committees for both Obama and Sen. Richard Durbin on the corporate website.

"The article by Herlihy is available online under law review articles from Kent University.

[...shortened for the purposes of this email...]

"Herlihy's published paper reveals that the requirement likely was considered in a negative light by organizations linked to Obama in the months before he announced in 2007 his candidacy for the presidency.

"The natural born citizen requirement in Article II of the United States Constitution has been called the 'stupidest provision' in the Constitution, 'undecidedly un-American,' 'blatantly discriminatory,' and the 'Constitution's worst provision,'" Herlihy begins in her introduction to the paper titled, "Amending the Natural Born Citizen Requirement: Globalization as the Impetus and the Obstacle."

World Net Daily
Posted: December 05, 2008
1:00 am Eastern
© 2008 WorldNetDaily

Please, Mr. Dobbs, understand the real question!

Natural Born Citizen = not subject to the jurisdiction of any other nation.

Natural Born Citizen = born to parents, notice that is plural, parents who are citizens.

Natural Born Citizen = not owing allegiance to any other nation.

The framers of our U.S. Constitution knew that anyone other than a Natural Born Citizen might have intentions that are not in the best interest of our Republic. Hasn't the exact scenario they tried to prevent by their clear wording been demonstrated time and again in the last six months by a usurper who owes allegiance to another nation?

Thank you for your time. God Bless you and yours, and may He keep you and your loved ones safe, healthy, and un-threatened while you talk about this on your radio show.
Comment by DJ "El Gato" Czerniejewski on July 22, 2009 at 5:38am
The Constitution is "NOT" a document that lives, breathess and changes. It is the "LAW" of our land!!!
Comment by JinOhio on July 24, 2009 at 1:12am
Well, I think Mr. Dobbs' radio show has caller id. I got through to a person near 2:30 this afternoon and after being on hold a long time I was disconnected. Then I just kept hitting re-dial and was never answered. Perhaps they've also filtered my emails to go to spam.

In case anyone else is interested, I have sent these points in emails to Mr. Dobbs the past 3 days, and I keep them handy in case I do get to talk to a person at his radio show.

Mr. Dobbs,

First, thank you; thank you for bravely talking about the fact that Obama is not eligible to occupy the office of the President.

But, I beg you, please stop mis-stating the question!

You have repeatedly stated that "all of this nonsense goes away" if Obama will only reveal his original birth certificate. That is simply not true because Obama is not eligible to occupy our White House no matter where he was born. He is not eligible because his father was a British Subject. The birth certificate mystery is a distraction – it is a trivial side issue. You are helping the diversion process; Obama allows this to go on and on so that you will not see the real truth.

The authors of our Constitution, the greatest governing document in history, were very careful in their wording throughout. The definition of who could hold the office of the President is different from the definition of who may be a senator, etc.

The framers of our Constitution did not want any President to owe allegiance to, or be subject to the jurisdiction of, any other nation.

That is why they worded Article II Section 1 Clause 5: "No person except a natural born Citizen, or a Citizen of the United States at the time of the Adoption of this Constitution,” etc, etc.

They did not write native-born citizen; they did not write natural=ized citizen; they wrote natural born Citizen. Meaning: Citizenship is Natural and not acquired by a process or by a legal action.

The definition includes these things that were understood by the authors of our Constitution as given facts.
Natural Born Citizen = not subject to the jurisdiction of any other nation.
Natural Born Citizen = born to parents, notice that is plural, parents who are citizens.
Natural Born Citizen = not owing allegiance to any other nation.

The real question – you must understand the definition before you ask it – is this:
“During the election, then Senator Obama published a statement at his website which said that his birth status was “governed” by the British Nationality Act of 1948. Can you please tell the American people how a natural born citizen of the United States can be governed – at birth – by British law?” ~Leo Donofrio

Vattel's Law of Nations explains the definition. A brief description of Vattel’s Law of Nations is quoted here, but the entire work can be found at the Constitution [dot] org

"This 1758 work by Swiss legal philosopher Emmerich de Vattel is of special importance to scholars of constitutional history and law, for it was read by many of the Founders of the United States of America, and informed their understanding of the principles of law which became established in the Constitution of 1787." [emphasis added]

From Vattel’s famous text Book 1, Chapter 19:
§ 212. Citizens and natives.
The citizens are the members of the civil society; bound to this society by certain duties, and subject to its authority, they equally participate in its advantages."

[Interrupted: Note the heading of Vattel’s section: ‘Citizens and natives’ cannot be of one and the same meaning. Vattel begins a new sentence when defining Natural Born Citizens – separate from ‘Citizens’]

"The natives, or natural-born citizens, are those born in the country, of parents who are citizens. […] I say, that, in order to be of the country, it is necessary that a person be born of a father who is a citizen; for if he is born there of a foreigner, it will be only the place of his birth, and not his country."

The framers relied on Vattel’s definition when they included the Natural Born Citizen clause in Article 2 Section 1 Clause 5. Like Vattel, the framers purposely distinguished between “citizens” and “natural born citizens”. And to that distinction there can only be one effect: ONLY A NATURAL BORN CITIZEN CAN BE PRESIDENT.

Much of this information has been paraphrased from articles at

Leo Donofrio filed suit in New Jersey before the election. Please interview him on your radio show. Cort Wrotnowski's case filed in Connecticut explains this definition, as well. Both cases were presented to the full Supreme Court for review, but neither was scheduled a hearing by that court. Donofrio suggests writing to U.S. Attorney Fitzgerald in DC, because that is the proper office designated by Congress to open a quo warranto.

See the Urban Dictionary [dot] com for the definition of Natural Born Citizen. Explained five different ways – all five lead to the same fact - that Obama is not eligible to occupy our White House, regardless the location of his birth.


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