CDR Kerchner (Ret)'s Blog

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/
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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”.

August 27, 2011

FEC Drafts Opinions for Guyana-Born Man About Presidential Run | by Alex Knott | @ Roll Call Politics

FEC Drafts Opinions for Guyana-Born Man About Presidential Run | by Alex Knott | @ Roll Call Politics

http://www.rollcall.com/news/fec_drafts_opinions_for_guyana_born_man_about_presidential_run-208330-1.html?pos=htmbtxt

Additional coverage of this matter here: http://obamareleaseyourrecords.blogspot.com/2011/08/action-alert-fec-draft-opinion-saying.html

Is there no end to the complete ignoring and trampling of our U.S. Constitution and the Rule of Law?

CDR Charles Kerchner (Ret)
http://www.protectourliberty.org
http://cdrkerchner.wordpre​ss.com/

August 18, 2011

Obama Birth Certificate Document Forged – Read the Reports of Experts – Obama unfit for command of our military | @ CDR Kerchner’s Blog

Obama Birth Certificate Document Forged – Read the Reports of Experts – Obama unfit for command of our military | @ CDR Kerchner’s Blog

Read and Download Copies of Reports from Digital Document and Typography Analysis Experts Here: http://www.scribd.com/my_document_collections/3166684

We have a criminal and grifter in the White House who has committed multiple felonies and no one in controlling legal authority is investigating.  Birth Certificate Fraud, SSN Fraud, Draft Registration Fraud, Real Estate Transaction and Tax Fraud.  Obama is unfit for command of our military and is a national security threat. When will Congress launch a congressional inquiry into the criminal and impostor in the Oval Office to start the process of removing him?

CDR Charles Kerchner (Ret)
http://www.protectourliberty.org
http://cdrkerchner.wordpre​ss.com/

August 14, 2011

THE OBAMA LIES PAGE!’s Page – Patriot Action Network

THE OBAMA LIES PAGE!’s Page – Patriot Action Network

http://www.patriotactionnetwork.com/profile/jeffreyscottmayton?xg_source=facebook

CDR Charles Kerchner (Ret)
http://www.protectourliberty.org
http://cdrkerchner.wordpre​ss.com/

August 12, 2011

Dr. Alan Keyes: Obama’s Eligibility and Islamists Slave Trading Ancestors | @ ORYR

Dr. Alan Keyes: Obama’s Eligibility and Islamists Slave Trading Ancestors | @ ORYR

Read the Full Report Here: http://obamareleaseyourrecords.blogspot.com/2011/08/keyes-obamas-eligibility-islamists.html

Posted by:
CDR Charles Kerchner (Ret)
http://www.protectourliberty.org
http://cdrkerchner.wordpre​ss.com/

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