CDR Kerchner (Ret)'s Blog

December 16, 2013

Wash Times Full Page Ad – 2nd Week: Obama’s Selective Service Draft Registration Form Back Dated and Forged!

Washington Times Full Page Ad – 2nd Week:  Obama’s Selective Service Draft Registration Form Back Dated and Forged! Demand Speaker John Boehner Hold Hearings & Investigate This! – Wash Times National Weekly – Monday – 16 Dec 2013 issue – pg 5

Download Copy:  http://www.scribd.com/doc/191506317/Washington-Times-Ad-Obama-s-Sel-Service-Draft-Reg-Form-Back-Dated-Forged-16Dec2013   Print this ad and send it (and/or send the link) to your friends, associates, email lists, and elected officials.

Click on image to read and/or download a copy.

Click on image to read and/or download a copy.

Click HERE for detailed evidence of the forgery and how it was done.

When will Speaker of the House John Boehner live up to his oath of office to support and defend the U.S. Constitution and call for Congressional hearings and investigations into Obama's true legal identity and constitutional eligibility. Click on his image for more about what Obama is hiding.

When will Speaker of the House John Boehner live up to his Oath of Office to support and defend the U.S. Constitution. Click on image for more about what Obama is hiding.

To House of Representatives Speaker John Boehner – We the People Have Been Repeatedly Asked You To Act:  Are you living up to your oath to support and defend the Constitution from domestic enemies? Are you doing your job as the leader of the People’s House and protecting We the People from a fraud in the White House?  It is time for you to launch congressional investigations into Obama’s forged ID documents or at least get out of the way and stopping blocking those in Congress who wish to do that. You’ve office was been given a Sheriff’s Kit by Mike Volin and his team during their visit to Washington DC last week which presents the evidence compiled from a two year investigation by the Sheriff’s Department of Maricopa County AZ (which includes Phoenix). The evidence proves federal felony document crimes have been committed!  Speaker Boehner, again, are you living up to your solemn oath to support and defend the Constitution from domestic enemies? Are you the leader of the People’s House and protecting We the People from a national fraud being perpetrated on the nation?  It is time for you to do your duty and launch a Select Committee to publicly in open hearing in Congress investigate the ongoing fraud and the crimes being perpetrated by Barack Obama. If you will not do that, then step down and get out of the way.  We the People demand it! — CDR Kerchner (Ret)

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See this prior ad which was published in last Monday’s 09 Dec 2013 edition of the Washington Times National Weekly: Why Is Speaker John Boehner Protecting Obama’s ID Fraud?: http://www.birtherreport.com/2013/12/washington-times-speaker-boehner-ripped.html

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Download a “Sheriff’s Kit” evidence of Obama document fraud at: http://www.wheresobamasbirthcertificate.com

Copy of AZ Chief Investigator Michael Zullo’s sworn affidavit attesting that Obama’s ID docs are forged: http://www.scribd.com/doc/141560833/Sworn-Affidavit-Provided-to-Alabama-Supreme-Court-by-AZ-CCP-Investigator-Michael-Zullo-Obama-ID-Docs-are-Forged

Copy of Evidence that Obama’s Selective Service (Draft) Registration Card is forged: http://www.scribd.com/doc/164956489/Obamas-Draft-Registration-Card-Forged-Per-AZ-Sheriff-Arpaio-Investigation-and-Retired-ICE-Agent-Stephen-Coffman

Maricopa County AZ Sheriff Joe Arpaio’s Cold Case Posse Investigative Reports into Obama’s Forged ID Docs: http://www.mcsoccp.org/joomla

[Sheriff Mack Says: Obama ID Documents Are Fake!]

[Sheriff Arpaio Says: Congress Must Act!]

Obama the Enigma: Click on the image to learn more about Obama he does not want you to know.

Obama the Enigma: Click on the image to learn more about Obama he does not want you to know.

A warning from the past — some conspiracies are very real and are also large and well organized and in process for a long time. Such is the nature of Communist activities in the USA. The target of the seditious political conspiracy we are currently faced with is to destroy our U.S. Constitution, our Republic, our culture, and our military. Remember this quote from history: “We must now face the harsh truth that the objectives of communism are being steadily advanced because many of us do not recognize the means used to advance them. … The individual is handicapped by coming face to face with a Conspiracy so monstrous he cannot believe it exists. The American mind simply has not come to a realization of the evil which has been introduced into our midst.” Quote by: J. Edgar Hoover former FBI director. Source: Elks Magazine (August 1956).

Marxist/Communists are trained to lie. It’s their modus operandi.  Obama is not just a pathological liar, he’s an ideological liar:  http://www.americanthinker.com/blog/2013/12/obama_is_not_a_pathological_liar_he_is_an_ideological_liar.html

CDR Charles Kerchner, P.E. (Retired)
Lehigh Valley PA USA
http://www.protectourliberty.org/
http://cdrkerchner.wordpress.com/
http://www.scribd.com/protectourliberty/collections/

P.S. Also read this essay regarding the legal term of art “natural born Citizen” and basic logic, i.e., trees are plants but not all plants are trees. Natural born Citizens are a subset of “born Citizens (citizens at birth)” but not all “born Citizens (citizens at birth)” are “natural born Citizens”: http://cdrkerchner.wordpress.com/2012/06/20/of-natural-born-citizens-and-citizens-at-birth-and-basic-logic-trees-are-plants-but-not-all-plants-are-trees-natural-born-citizens-nbc-are-citizens-at-birth-cab-but-not-all-cab/ … AND … http://www.art2superpac.com/issues.html

December 9, 2013

Wash Times Full Page Ad: Obama’s Selective Service Draft Registration Form Back Dated and Forged!

Washington Times Full Page Ad:  Obama’s Selective Service Draft Registration Form Back Dated and Forged! — Washington Times National Weekly — Monday – 09 Dec 2013 issue – pg 5

Download Copy: http://www.scribd.com/doc/190294355/WashTimes-Ad-Obama-Draft-Card-Back-Dated-Forged

Obama Selective Service Draft Registration Form Back Dated and Forged!

Obama Selective Service Draft Registration Form Back Dated and Forged!

Click HERE for detailed evidence of the forgery and how it was done.

When will Speaker of the House John Boehner live up to his oath of office to support and defend the U.S. Constitution and call for Congressional hearings and investigations into Obama's true legal identity and constitutional eligibility. Click on his image for more about what Obama is hiding.

When will Speaker of the House John Boehner live up to his Oath of Office to support and defend the U.S. Constitution. Click on image for more about what Obama is hiding.

To House of Representatives Speaker John Boehner – We the People Have Been Repeatedly Asked You To Act:  Are you living up to your oath to support and defend the Constitution from domestic enemies? Are you doing your job as the leader of the People’s House and protecting We the People from a fraud in the White House?  It is time for you to launch congressional investigations into Obama’s forged ID documents or at least get out of the way and stopping blocking those in Congress who wish to do that. You’ve office was been given a Sheriff’s Kit by Mike Volin and his team during their visit to Washington DC last week which presents the evidence compiled from a two year investigation by the Sheriff’s Department of Maricopa County AZ (which includes Phoenix). The evidence proves federal felony document crimes have been committed!  Speaker Boehner, are you living up to your solemn oath to support and defend the Constitution from domestic enemies? Are you the leader of the People’s House and protecting We the People from a national fraud being perpetrated on the nation?  It is time for you to do your duty and launch a Select Committee to publicly in open hearing in Congress investigate the ongoing fraud and the crimes being perpetrated by Barack Obama. If you will not do that, then step down and get out of the way.  We the People demand it! CDR Kerchner (Ret)

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A 2nd Full Page ad in today’s Washington Times National Weekly edition — Washington Times: Why Is Speaker John Boehner Protecting Obama’s ID Fraud?: http://www.birtherreport.com/2013/12/washington-times-speaker-boehner-ripped.html

# # # #

Download a “Sheriff’s Kit” evidence of Obama document fraud at: http://www.wheresobamasbirthcertificate.com

Copy of AZ Chief Investigator Michael Zullo’s sworn affidavit attesting that Obama’s ID docs are forged: http://www.scribd.com/doc/141560833/Sworn-Affidavit-Provided-to-Alabama-Supreme-Court-by-AZ-CCP-Investigator-Michael-Zullo-Obama-ID-Docs-are-Forged

Copy of Evidence that Obama’s Selective Service (Draft) Registration Card is forged: http://www.scribd.com/doc/164956489/Obamas-Draft-Registration-Card-Forged-Per-AZ-Sheriff-Arpaio-Investigation-and-Retired-ICE-Agent-Stephen-Coffman

Maricopa County AZ Sheriff Joe Arpaio’s Cold Case Posse Investigative Reports into Obama’s Forged ID Docs: http://www.mcsoccp.org/joomla

[Sheriff Mack Says: Obama ID Documents Are Fake!]

[Sheriff Arpaio Says: Congress Must Act!]

Obama the Enigma: Click on the image to learn more about Obama he does not want you to know.

Obama the Enigma: Click on the image to learn more about Obama he does not want you to know.

A warning from the past — some conspiracies are very real and are also large and well organized and in process for a long time. Such is the nature of Communist activities in the USA. The target of the seditious political conspiracy we are currently faced with is to destroy our U.S. Constitution, our Republic, our culture, and our military. Remember this quote from history: “We must now face the harsh truth that the objectives of communism are being steadily advanced because many of us do not recognize the means used to advance them. … The individual is handicapped by coming face to face with a Conspiracy so monstrous he cannot believe it exists. The American mind simply has not come to a realization of the evil which has been introduced into our midst.” Quote by: J. Edgar Hoover former FBI director. Source: Elks Magazine (August 1956).

Marxist/Communists are trained to lie. It’s their modus operandi.  Obama is not just a pathological liar, he’s an ideological liar:  http://www.americanthinker.com/blog/2013/12/obama_is_not_a_pathological_liar_he_is_an_ideological_liar.html

CDR Charles Kerchner, P.E. (Retired)
Lehigh Valley PA USA
http://www.protectourliberty.org/
http://cdrkerchner.wordpress.com/
http://www.scribd.com/protectourliberty/collections/

P.S. Also read this essay regarding the legal term of art “natural born Citizen” and basic logic, i.e., trees are plants but not all plants are trees. Natural born Citizens are a subset of “born Citizens (citizens at birth)” but not all “born Citizens (citizens at birth)” are “natural born Citizens”: http://cdrkerchner.wordpress.com/2012/06/20/of-natural-born-citizens-and-citizens-at-birth-and-basic-logic-trees-are-plants-but-not-all-plants-are-trees-natural-born-citizens-nbc-are-citizens-at-birth-cab-but-not-all-cab/ … AND … http://www.art2superpac.com/issues.html

June 28, 2012

It’s Deja Vu All Over Again with Chief Justice Roberts — A Statement from CDR Charles Kerchner (Ret) about the U.S. Supreme Court Decision

With “CINO” (Conservative in Name Only) Chief Justice Roberts and his Neville Chamberlain leadership of the Supreme Court it is Deja Vu all over again.  Roberts has been the problem all along in allowing our Constitution to be trampled by Obama – in particular Article II Section 1 Clause 5.  Now Roberts has done it again — siding with the liberal wing of the court to “Move Forward” Obama’s fascist and socialist agenda to socialize America and ignore our  constitutional republic system of government to help Obama “Move Forward” to a dictatorial federal fascist socialist form of government.  See below post from the fall of 2010.

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Originally Written & Posted Online by CDR Kerchner @ Puzo1.BlogSpot.com:  Monday, November 29, 2010 @ 2:57 PM

A Statement from CDR Charles Kerchner (Ret) about the U.S. Supreme Court Decision on Kerchner et al v Obama & Congress et al

For Immediate Release – 29 November 2010 2:30 p.m. EST

A Statement from CDR Charles Kerchner (Ret) about the U.S. Supreme Court Decision on Kerchner et al v Obama & Congress et al

The “Roberts Court” of the U.S. Supreme Court in my opinion will be known in history as the “Neville Chamberlain Supreme Court”, the great Obama appeaser court. http://en.wikipedia.org/wiki/Neville_Chamberlain
Appeasement due to fear that some immediate small amount of veiled and threatened violence from the far left socialists and Saul Alinsky goons, tyrants and bullies, and thus not doing the right thing early on to support the rule of law and the Constitution, ultimately leads to much bigger problems later. History has shown us that over and over. The Obama eligibility matter should have been fully and thoroughly addressed and openly investigated by the investigative reporters in the major media and political parties early in the spring of 2008 during the primaries to get all of Obama’s documents released to the public as part of the vetting process. It wasn’t done.
 
Congress should have addressed this when asked by 100s of thousands of constituent letters and petitions sent to them and when constitutionally it was required to so under the 20th Amendment. It didn’t. The courts should have addressed the merits of the questions when appealed to early on. They didn’t. Everyone in our system of government chose ignoring the problem and appeasement over confrontation and punted the ball to someone else. Now it is far worse. The Supreme Court has chosen appeasement and inaction over action and dealing with the issue and questions openly in a court of law under the rules of evidence and law. Our constitutional republic and legal system is now compromised and broken top to bottom and bottom to top. And it will only get worse as our legal system and constitutional republic further deteriorates and the rule of law gives way more and more to appeasement of bullies and tyrants in waiting such as Obama and his far left Marxist cronies and puppet masters. Appeasement of the constitutional usurpers will not make it go away. It will only delay the inevitable and fester and grow and in the end be a far worse situation to deal with when the real nature of the tyrant reveals himself in a much bolder way and attempts to take away all our protections to our unalienable rights and liberty. Neville Chamberlain tactics never work with bullies, alinskyites, tyrants, and national socialists.
The U.S. Supreme Court orders were posted at 10:00 a.m. on 29 Nov 2010. See below. Certiorari for our case was denied. The two justices appointed by Obama who in my opinion had a direct financial conflict of interest (their very jobs and appointments to the court) in the outcome of this petition and case did not recuse themselves even though they should have! Their recusal was called for in our petition on page 36 with the relevant U.S. Code cited. The two justices and the court ignored that. There were recusals declared by these two Obama appointees in many other petitions including the one immediately before our petition in the orders list and the one immediately after. Imo, apparently the court needed all nine justices in the room to kill the petition. With the full court of 9 justices it’s the rule/vote of 4 to grant certiorari to move the case forward. With two recusals that would have left only 7 justices and it’s then the rule/vote of 3 to grant certiorari to move the case forward. For information on the Rule of 3 see:  Supreme Court Practices, 9th edition, by Eugene Cressman, et al, page 324. The lawsuit Pryor v United States (1971) is an example case of the Rule of 3 being used.  I suspect the water cooler buzz at SCOTUS was that 3 justices were leaning for granting certiorari. So it looks like Sotomayer and Kagan ignored ethical considerations and stayed in the review of the petition to be sure it got killed, i.e., to be in that room to argue against Certiorari, and to require 4 votes to grant cert instead of 3 … financial conflict of interest and ethics be damned by those two justices. JMHO.

10-446
KERCHNER, CHARLES, ET AL. V. OBAMA, PRESIDENT OF U.S., ET AL.
The motion of Western Center for Journalism for leave to file a brief as amicus curiae is granted.
The petition for a writ of certiorari is denied.
http://www.scribd.com/doc/44359775/U-S-Supreme-Court-Order-List-562-U-S-dated-2010-11-29-Kerchner-v-Obama-Petition-Decison-on-Pg-15

CDR Charles Kerchner (Ret)
Lehigh Valley PA USA
Lead Plaintiff, Kerchner et al v Obama et al
http://www.protectourliberty.org
http://puzo1.blogspot.com
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June 20, 2012

Of “natural born Citizens” and “Citizens at birth” and Basic Logic: Trees are plants but not all plants are trees. “natural born Citizens (NBC)” are “Citizens at birth (CAB)” but not all “CAB” are “NBC”!

Of Trees and Plants and Basic Logic (set and subset theory): Trees are plants but not all plants are trees. “natural born Citizens (NBC)” are “native born Citizens” or “Citizens at birth (CAB)” but not all “native born Citizens” or “CAB” are “NBC”!

Re-Post – Originally Written & Posted Online by CDR Kerchner (Ret) on  Friday, November 5, 2010 @ 9:12 AM

Of Trees and Plants and Basic Logic: Trees are plants but not all plants are trees. Likewise, “natural born Citizens” are “Citizens at Birth” but not all “Citizens at Birth” are “natural born Citizens”! Citizen at Birth (CAB) does NOT identically equal Natural Born Citizen (NBC) at Birth. Obama is NOT a Natural Born Citizen of the USA. 
by: Charles Kerchner, Commander USNR (Retired)
http://www.protectourliberty.org

While a natural born Citizen is obviously a Citizen at birth, not all Citizens at birth are natural born Citizens at birth. The two legal terms of art are not identical and are not equal. All “natural born Citizens” are Citizens at birth but not all Citizens at birth are “natural born Citizens” at birth. If you cannot grasp that logic concept then try this analogy, “all trees are plants but not all plants are trees”.

There are five types of Citizenship mentioned in the U.S. Constitution. All Citizens have equal rights as a member of the society but not all Citizens have the privilege and legal constitutional eligibility requirements to be the President and Commander in Chief of the Military under Article II of our Constitution, the fundamental law of our nation. The natural born Citizen clause in our Constitution is a restrictive clause not an inclusive clause.  The “natural born Citizen” legal term of art is rooted and defined by “natural law”, not man-made positive “statutory laws”.  The laws of nature and nature’s God create natural born Citizens. Man-made statutory laws can create new and more “Citizens” but they cannot create “natural born Citizens”.

There is absolutely nothing in U.S. Statute, USC Title 8 Section 1401 which is a statutory law which grants basic Citizenship at Birth, that addresses “natural born Citizenship”. The law addresses basic “Citizenship at Birth”, i.e., who is a “Citizen by Birth”, (which is needed under various situations and conditions of a child’s birth spelled out in Section 1401) which requires such a man-made act of law to grant the Citizenship by an act of Congress, i.e., naturalized at birth by act of Congress. USC 1401 does not grant “natural born Citizenship” to anyone. Natural born Citizens do not need man-made laws to grant them Citizenship. The facts of nature of their birth do that. The legal term of art “natural born Citizen” is not even mentioned in that law. USC Title 8 Section 1401 only determines by law who is a “Citizen” or a “National” of the U.S. at birth, i.e., a basic “Citizen at birth”, i.e., a person entitled to the rights and privileges of membership in the society of our nation under our Constitution, the supreme and fundamental law of our nation. The Section 1401 law is a naturalization law which grants citizenship by law, not by nature. The legal term of art “Citizen at birth” is not the same legally as the legal term of art “natural born Citizen”. Simply note that in one case we are talking about who is at least an ordinary, basic “Citizen” at birth with no adjectives in front of the word Citizen, and in the other case we have two very important adjectives placed in front of the word Citizen by the framers of the Constitution, i.e., “natural born” Citizen. Since that term was used in the Constitution only once in Article II for the singular most powerful office in our new federal government, the framers intended that it have special meaning. And the source of that meaning is written down and well known by legal scholars. That specific type of citizenship and “legal term of art” natural born Citizen was codified by Vattel in his legal treatise “The Law of Nations and Principles of Natural Law“, published in 1758, in which he said that … a natural born citizen is a person born in the country to parents who are both citizens of the country. And this group or class of citizens are the most populous group of any nation. They do not need statutory law to be considered Citizens of the nation. Nature and the facts of their birth in the country to two Citizen parents granted that to them, not Congress.

Most citizens of the USA are natural born citizens. Natural born Citizens of the USA are the three leaf clovers of the types of Citizens, not four leaf clovers. By the vast majority, most citizens of the USA were born in the USA to two parents who were citizens of the USA. And that is the pool of citizens that must be chosen from for the singular most powerful office in our nation, the President and Commander-in-Chief of our military. Simple citizenship at birth by being born in the USA without regard to the citizenship status of both your parents … or by naturalization and swearing an oath to this country and renouncing all allegiances foreign kings, princes, and potentates later as an adult, is adequate for the offices of Senator, Representative, or a Governor of a state. But it is not sufficient to be the President under Article II, to Constitutional standards. Article II requires that the person to be eligible to be President must be a “natural born Citizen”. And that means that person must be born in the USA … AND … both his parents must be citizens of the USA.

Natural born citizenship status in a nation is granted by the facts of nature of your birth. No law or statute is necessary to grant it. The nations can make any law they wish to make a person a citizen at birth or later. But natural born citizenship can only be conveyed by nature by the facts at birth of the child. If you are born in the country of two citizen parents you are “naturally” … a “natural born Citizen” … a citizen too … but a specific kind of citizen who is eligible to be the President and Commander-in-Chief of our military since the child when born has sole allegiance to this country and there is no claim on him/her by a foreign country or power as to their citizenship at birth by that country too. Natural born Citizens have unity of citizenship at birth. A natural born Citizen is NOT a dual citizen at birth. A natural born Citizen has no divided loyalty issues by his birth since the child was born in the country to two citizens of the country.

See this chart showing the five types of citizenship mentioned in the U.S Constitution:
http://www.scribd.com/doc/11737124/

And “natural born Citizens” are not rare in the USA. The “natural born Citizens” are by far the most populous group in the nation. And it from this group, under Article II of our Constitution, we are to choose our President and Commander-in-Chief, the group with sole allegiance at birth to the USA and only the USA, not someone who has foreign and/or dual citizenship and divided loyalties at and by birth. And the reason for this is as important today as it was when the founders and framers added those additional words to the eligibility clause in Article II. And given the vast power of the military today, having a President and Commander in Chief of the military with sole allegiance at birth to only the USA is even more so.

Obama’s father was not a citizen of the USA, nor was he an immigrant to the USA, nor was he even a permanent resident of the USA. Obama when born in 1961 was a British Subject via his British Subject father, per the British Nationality Act of 1948 which governed the status of children born to British Subjects. Obama thus was born with dual citizenship and dual allegiances and a foreign claim on his allegiance. Obama is not a natural born citizen of the USA and he is not eligible to be the President under Article II of our U.S. Constitution. He is a Usurper.

Of Trees and Plants and Basic Logic: Trees are plants but not all plants are trees. Likewise, “natural born Citizens” are “Citizens at Birth” but not all “Citizens at Birth” are “natural born Citizens”! Obama is NOT a “natural born Citizen” of the United States! And neither is Marco Rubio or Bobby Jindal!

Charles F. Kerchner, Jr.
Commander USNR (Retired)
http://cdrkerchner.wordpress.com
http://www.protectourliberty.org/
####

P.S.  In addition, the status of simply being “born a Citizen” was proposed by Hamilton to the Constitutional Convention and was rejected for the more restrictive term “natural born Citizen” proposed by John Jay to provide a strong check against foreign influence which could occur with a child who is not a “natural born Citizen”.  A “natural born Citizen” created by natural law, with parents who are both Citizens of the country when their child is born in the country, has sole allegiance and unity of citizenship at birth to only one nation at birth and thus is much more likely to not have foreign influence on them.  A “Citizen at Birth” created by man-made laws may or may not have sole allegiance at birth as one or more of their parents could be foreign nationals who never naturalized and pledged their allegiance to the USA and renounced their foreign allegiance.  Non U.S. Citizen parents could exert influence on their child that is not in the best interest of our nation.  The President is Commander-in-Chief of our military and thus the “natural born Citizen” clause is one of national security interest. This was John Jay’s main concern and the reason for suggesting “natural born Citizen” instead of only a “Citizen at Birth”.

September 20, 2011

Having the Status of Birthright Citizenship Is Not Sufficient to Make One an Article II “Natural Born” Citizen | by constitutional expert Attorney Mario Apuzzo of Jamesburg NJ

A new essay — Having the Status of Birthright Citizenship Is Not Sufficient to Make One an Article II “Natural Born” Citizen | by constitutional expert Attorney Mario Apuzzo of Jamesburg NJ:

http://puzo1.blogspot.com/2011/09/having-status-of-birthright-citizenship.html

Being born in the USA is “necessary but NOT sufficient” part of one being a “natural born Citizen of the United States” to constitutional standards. One’s parents must also have been Citizens of the United States, either born Citizens or naturalized, when the child was born in the USA for that child to be a “natural born Citizen of the United States” to meet Article II section 1, the presidential eligibility clause in the U.S. Constitution. The founders and framers considered allowing simply a born Citizen to be eligible but they rejected it and elected to require only a natural born Citizen. That extra adjective means something.

See my post on 17 Sep 2011 – Constitution Day 2011 – A Lesson from History:  Is Being a Born Citizen of the United States of Sufficient Citizenship Status to be President of the United States and Commander in Chief of Our Military? The Founders and Framers Emphatically Decided … It Was Not!
http://cdrkerchner.wordpress.com/2011/09/17/is-being-a-born-citizen-of-the-united-states-sufficient-citizenship-status-to-be-president-the-founders-and-framers-emphatically-decided-it-was-not-by-cdr-charles-kerchner-ret/

CDR Kerchner (Ret)
http://www.protectourliberty.org/
http://cdrkerchner.wordpress.com/

September 17, 2011

Constitution Day 2011: A Lesson from History. Is Being a Born Citizen of the United States Sufficient Citizenship Status to be President? The Founders and Framers Emphatically Decided It Was Not! | by CDR Charles Kerchner (Ret)

Constitution Day 2011: A Lesson from History. Is Being a Born Citizen of the United States of Sufficient Citizenship Status to be President of the United States and Commander in Chief of Our Military? The Founders and Framers Emphatically Decided … It Was Not!

By: CDR Charles F. Kerchner, Jr., (Retired)
Lead Plaintiff for the Kerchner et al v Obama & Congress et al Lawsuit
17 September 2011 – Constitution Day

During the process of developing a new U.S. Constitution Alexander Hamilton submitted a suggested draft for a Constitution on June 18, 1787. He also submitted to the framers a proposal for the qualification requirements in Article II as to the necessary Citizenship status for the office of President and Commander in Chief of the Military.

Alexander Hamilton’s suggested presidential eligibility clause:

“No person shall be eligible to the office of President of the United States unless he be now a Citizen of one of the States, or hereafter be born a Citizen of the United States.”

Many of the founders and framers had a fear of foreign influence on the person who would in the future be President of the United States since this particular office was singularly and uniquely powerful under the proposed new Constitution. The President was also to be the Commander in Chief of the military. This fear of foreign influence on a future President and Commander in Chief was particularly strongly felt by John Jay, who later became the first Chief Justice of the U.S. Supreme Court. He felt so strongly about the issue of potential foreign influence that he took it upon himself to draft a letter to General George Washington, the presiding officer of the Constitutional Convention, recommending/hinting that the framers should strengthen the Citizenship requirements. John Jay was an avid reader and proponent of natural law and particularly Vattel’s codification of natural law and the Law of Nations. In his letter to Washington he said that the Citizenship requirement for the office of the commander of our armies should contain a “strong check” against foreign influence and he recommended to Washington that the command of the military be open only to a “natural born Citizen”. Thus Jay did not agree that simply being a “born Citizen” was sufficient enough protection from foreign influence in the singular most powerful office in the new form of government. He wanted another adjective added to the eligibility clause, i.e., ‘natural’. And that word natural goes to the Citizenship status of one’s parents via natural law.

The below is the relevant proposed change language from Jay’s letter which he proposed to strengthen the citizenship requirements in Article II and to require more than just being a “born Citizen” of the United States to serve as a future Commander in Chief and President.

John Jay wrote in a letter to George Washington dated 25 Jul 1787:

“Permit me to hint, whether it would be wise and seasonable to provide a strong check to the admission of Foreigners into the administration of our national Government; and to declare expressly that the Commander in Chief of the American army shall not be given to nor devolve on, any but a natural born Citizen. “

See a transcription of Jay’s letter to Washington at this link. This letter from Jay was written on July 25, 1787. General Washington passed on the recommendation from Jay to the convention and it was adopted in the final draft and was accepted adding the adjective “natural” making it “natural born Citizen of the United States” for future Presidents and Commanders in Chief of the military, rather than Hamilton’s proposed “born a Citizen”. Thus Article II, Section 1, Clause 5 of the U.S. Constitution, the fundamental law of our nation reads:

Article II, Section 1, Clause 5 of U.S. Constitution as adopted 17 Sep 1787:

“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.”

There you have the crux of the issue now before the nation and the answer.

Hamilton’s suggested presidential citizenship eligibility requirement was that a Citizen simply had to be ‘born a Citizen’ of the USA, i.e., a Citizen by Birth. But that citizenship status was rejected by the framers as insufficient. Instead of allowing any person “born a citizen” to be President and Commander of the military, the framers chose to adopt the more stringent requirement recommended by John Jay, i.e., requiring the Citizen to be a “natural born Citizen“, to block any chance of the person with foreign allegiances or claims on their allegiance at birth from becoming President and Commander of the Military. No person having any foreign influence or claim of allegiance on them at birth could serve as a future President. The person must be a “natural born citizen” with unity of citizenship and sole allegiance to the United States at birth.

Jay’s proposal recommended clause added the additional adjective before “born Citizen” that was proposed by Hamilton. And that word and adjective “natural” means something special from the laws of nature that modifies just being born a Citizen of the USA such as being simply born on the soil of the United States. Natural means from nature by the facts of nature of one’s birth. Not created retroactively after the fact by a man-made law. A natural born Citizen needs no man-made law to bestow Citizenship on them. The added adjective “natural” comes from Natural Law which is recognized the world over as universal law and which is the foundation of the Law of Nations which was codified by Vattel in 1758 in his preeminent legal treatise used by the founders, The Law of Nations or Principles of Natural Law. In Vol.1 Chapter 19 of Vattel’s Law of Nations, the “Des citoyens et naturels“, Vattel in Section 212 explains to us (the French term “naturels” was translated to English in 1781 in the Journal of the Continental Congress and in the 1797 English edition of Vattel), to tell us that the “natural born Citizens” are those born in the country to parents (plural) who are Citizens of the country when their child is born. These are the natural Citizens of the nation per universal principles of natural law for which no man-made law is necessary to explain or justify. Such a person, a natural born Citizen, is born with unity of Citizenship and sole allegiance at birth due to having been both born on the soil AND being born to two Citizen parents. The person who would be President must be a second generation American with no foreign claims of allegiance on them at birth under the law of nations and natural law, the child of two Citizens and born in the USA. This is a much stronger check to foreign influence than simply being born a Citizen say on the soil of the USA but with one or the other parent being a foreigner, such as is the case of Obama. The situation with Obama’s birth Citizenship status is exactly the problem that the founders and framers did not want. They did not want the child of a foreign national, non-U.S. citizen serving as President and Commander of our military. This was a national security concern to them. And it is a national security concern now.

Another founder of our nation and great historian of the American Revolution named David Ramsay contemporaneously defined in a 1789 essay what the term “natural born Citizen” means. Read a copy of Ramsay’s original dissertation at this link. Other research papers from history on the term “natural born Citizen” published long before the current controversy was created by the 2008 election debacle can be read at this link. The paper by Breckenridge Long in 1916 is a particularly good one.

Barack Hussein Obama II may or may not be a born Citizen of the USA depending on what the 1961 contemporaneous birth registration documents sealed in Hawaii reveal. And Americans have good reason to be greatly concerned about the truth as to where he was physically born as opposed to where his birth may have been falsely registered by his maternal grandmother as occurring in Hawaii as this Catalog of Evidence details. But he can never be a “natural born Citizen of the United States” since his father was a foreigner, a British Subject who was never a U.S. Citizen and was not even an immigrant to the USA. Since his father was a British Subject and not a U.S. Citizen when Obama was born, Obama was born a British Subject. The founders and framers are probably rolling over in their graves knowing this person was sworn in as the putative President and Commander of our military.

The founders rejected acquisition of Citizenship by birth on the soil without consideration as to who were the parents. That is clear from the history and evolution of the writing the eligibility clause in Article II, Section 1, Clause 5, which specifies who can be President and Commander in Chief of the military.

So, can a “born Citizen” be President of the USA? The answer is a resounding NO per the founders and framers. Being a “born Citizen the United States” is a necessary but NOT sufficient part of being a “natural born Citizen of the United States”. But only a “natural born Citizen” can be the President of the USA. Obama is not constitutionally eligible (to constitutional standards) to serve as President and Commander in Chief of the military.

SBTP Dolly Madison Quote du Jour,
” The Constitution was signed  September 17, 1787, by 39 brave men who changed the world.”

HAPPY CONSTITUTION DAY!

CDR Charles F. Kerchner, Jr., (Ret)
Lead Plaintiff, Kerchner et al v Obama & Congress et al
http://www.protectourliberty.org
http://puzo1.blogspot.com

P.S. Here is a chart which lists and explains the five (5) Citizenship terms used in the U.S. Constitution.
P.P.S. Being a “born Citizen” or “Citizen at Birth” is not identically the same as a being a “natural born Citizen”.

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