Originally Written & Posted Online by CDR Kerchner @ Puzo1.BlogSpot.com: Thursday, July 2, 2009 @ 5:41 PM
Vattel: On Those Claiming Sovereignty of a Nation also Having to Respect the Fundamental Laws and the Constitution or Contract with the People
. . . The prince ought to respect and support the fundamental laws. But when the sovereign power is limited and regulated by the fundamental laws of the state, those laws show the prince the extent and bounds of his power, and the manner in which he is to exert it. The prince is therefore strictly obliged not only to respect, but also to support them. The constitution and the fundamental laws are the plan on which the nation has resolved to labor for the attainment of happiness; the execution is intrusted to the prince. Let him religiously follow this plan; let him consider the fundamental laws as inviolable and sacred rules; and remember that the moment he deviates from them, his commands become unjust, and are but a criminal abuse of the power with which he is intrusted. He is, by virtue of that power, the guardian and defender of the laws: and while it is his duty to restrain each daring violator of them, ought he himself to trample them under foot?
and then in section 51 ….
§ 51. But the nation may curb a tyrant, and withdraw itself from his obedience.
. . . As soon as a prince attacks the constitution of the state, he breaks the contract which bound the people to him; the people become free by the act of the sovereign, and can no longer view him but as a usurper who would load them with oppression. This truth is acknowledged by every sensible writer, whose pen is not enslaved by fear, or sold for hire.
Charles F. Kerchner, Jr.
CDR USNR Retired
Kerchner et al v Obama & Congress et al
Kerchner: On all citizens inalienable right to defend their liberty — It is the inalienable right of all citizens of the nation to stand up and protect their liberty right and support and defend the Constitution, the contract made by the People to which they agreed to be governed by, and the fundamental and supreme law of our land, against those who claim sovereignty over it and claim to be above it and the law, and/or attempt to betray, trample, or ignore it. Our first recourse of course is to the legal system and courts who in our system are supposed to be the legal guardians of the sanctity and supreme sovereignty of the Constitution, protecting it from the usurping of powers not granted to the other branches under our system, and/or their ignoring the Constitution and thinking they are sovereign to it. The courts are there to speak out via taking legal cases brought to it and making legal decisions to correct the offenders when the Constitution has been wronged. The courts should not shirk their responsibility. It is time for them to stand and support and defend the Constitution as they took an oath to do so. It is not a time for them to hide behind bureaucratic legal technicalities to find a means to hide from their duty to the Constitution and dismiss hearing the merits of a case. I seek that remedy with my lawsuit to demand a legally binding definition by the federal court, and if necessary which it likely will, by the Supreme Court, as to what the framer’s intended it to mean for the Article II term “natural born citizen” and also to demand hearings from Congress thereafter to use that definition and the history of our Constitution, and then acting together, the Supreme Court and the Congress will remove the usurper from the Oval Office in a legal and constitutionally proper way, as they shall determine. And at that point in time, if SCOTUS and Congress declare Obama to be an illegitimate President and they cannot enforce their decision that he is constitutionally ineligible to be the President and order that he should step down, and the Usurper refuses to leave the office, I believe the People will enforce the step down and leave order, with the help of the military if need be. I swore an oath to support and defend the Constitution against all enemies foreign and domestic. I intend to do so to the best of my abilities. History will record the events of these times. ~~~ Charles Kerchner
P.S. Also, please feel free to join the discussions and comments in this forum about the subject of the Natural Born Citizenship clause in Article II of our U.S. Constitution by [Clicking Here].