Washington Times – Kerchner v Obama & Congress et al Petition for Writ of Certiorari at U.S. Supreme Court Conference on Tuesday 23 Nov 2010

Originally Written & Posted Online by CDR Kerchner @ Puzo1.BlogSpot.com:  Sunday, November 21, 2010 @ 12:39 PM

Washington Times – Kerchner v Obama & Congress et al Petition for Writ of Certiorari at U.S. Supreme Court Conference on Tuesday 23 Nov 2010

Washington Times – Kerchner et al v Obama & Congress et al Petition for Writ of Certiorari at U.S. Supreme Court Conference on Tuesday 23 Nov 2010

Update: No Decision Released Until Monday 29 Nov 2010
per SCOTUSblogSupreme Court Orders Will be Posted Here at 10 a.m.
http://www.supremecourt.gov/orders/ordersofthecourt.aspx

by: CDR Charles Kerchner (Ret)
http://www.protectourliberty.org

We are living through history in the making. Please read or re-read this historic Petition to the U.S. Supreme Court asking them to support and defend the Constitution … in particular Article II, Section 1, Clause 5, the presidential constitutional eligibility clause. Read or re-read the Petition then read this ad. Then meditate on the words in both and then pray that the Justices do the right thing on Tuesday and support and defend our Constitution and Republic and grant Certiorari and take up our case and seek the truth about Mr. Obama the usurper, impostor, and fraud now occupying the Oval Office. Mr. Obama and his puppet masters and his enablers in political power and in the main stream media have perpetrated and allowed to continue the greatest fraud on this nation in the history of our Republic and he needs to be exposed and removed. See the ad linked to below and via the image at the left for an overview of the Petition and the issues.

Washington Times — Kerchner et al v Obama & Congress et al Petition for Writ of Certiorari Scheduled for Conference on 23 Nov 2010 with the U.S. Supreme Court – Washington Times National Weekly edition – 22 Nov 2010 issue, page 5: http://www.scribd.com/doc/43541103/Kerchner-v-Obama-Petition-Scheduled-for-Conference-at-Supreme-Court-on-Tues-Nov-23-2010-WTNW-pg-5

QUESTIONS PRESENTED TO THE U.S. SUPREME COURT:
PETITION 10-446
1. Whether petitioners sufficiently articulated a case or controversy against respondents which gives them Article III standing to make their Fifth Amendment due process and equal protection claims against them.
2. Whether putative President Obama can be an Article II “natural born Citizen” if he was born in the United States to a United States citizen mother and a non-United States citizen British father and under the British Nationality Act 1948 he was born a British citizen.
3. Whether putative President Obama and Congress violated petitioners’ Fifth Amendment due process rights to life, liberty, safety, security, tranquility, and property and Ninth Amendment rights by Congress failing to assure them pursuant to the Twentieth Amendment that Obama qualified as an Article II “natural born Citizen” before confirming his electoral votes and by Obama refusing to conclusively prove that he is a “natural born Citizen.”
4. Whether Congress violated petitioners’ rights under the Fifth Amendment to equal protection of their life, liberty, safety, security, tranquility, and property by investigating and confirming the “natural born Citizen” status of presidential candidate, John McCain, but not that of presidential candidate, Barack Obama.————————————————————-Further comments by CDR Kerchner (Ret):Obama is not Article II constitutionally eligible to be the President and Commander of our military. Obama is NOT a “natural born Citizen” to constitutional standards. Obama’s father was NOT a U.S. Citizen. Obama’s father was not an immigrant to the United States. Obama’s father was a foreign national, a British Subject. Obama is the child of an alien father who was sojourning in the U.S. attending college. Obama was born a British Subject via his father and is still such to this day. Obama has never conclusively proved he was born in Hawaii. Obama’s paternal family in Kenya, Kenyan government officials, and newspapers in Kenya say he was born in Kenya. Obama’s maternal grandmother likely falsely and illegally registered him as born in Hawaii to get him, her new foreign-born grandson, U.S. Citizenship.History shows us that a popularly elected, but ineligible, chief executive in the executive branch of a government can be legally and constitutionally removed from office, e.g., Governor Thomas H. Moodie of North Dakota was a prime example. After he was sworn in and serving as Governor, the North Dakota State Supreme Court ordered Governor Moodie removed from office, after it was determined that he was constitutionally and legally ineligible to serve in the office to which he was popularly elected.
http://history.nd.gov/exhibits/governors/governors19.html

Also, two U.S. Senators although popularly elected and sworn in to the U.S. Senate were subsequently removed from office after it was learned that they were NOT constitutionally eligible when they were elected.

Albert Gallatin [U.S. Senator constitutionally ineligible and his seating unconstitutional and election & seating annulled]:
http://en.wikipedia.org/wiki/Albert_Gallatin

James Shields [U.S. Senator constitutionally ineligible and his seating unconstitutional and election & seating annulled]:
http://en.wikipedia.org/wiki/James_Shields

Thus it is very clear that winning a popular election does not trump or nullify the constitution of a state or the U.S. federal constitution. Obama is not constitutionally eligible to be the President and Command in Chief of the military and should be removed from office and his election, confirmation, and swearing in annulled.

Again, please take the time to read or re-read the Petition then read this ad. The questions and the main brief are only 36 succinctly written and easy to read pages. Then meditate on the words therein and then pray that the Justices do the right thing on Tuesday and support and defend our Constitution and Republic and grant Certiorari and take up our case and seek the truth about Mr. Obama the usurper, impostor, and fraud now occupying the Oval Office. Mr. Obama and his puppet masters and his enablers in political power and in the main stream media have perpetrated and allowed to continue the greatest fraud on this nation in the history of our Republic and he needs to be exposed and removed. May God help us save our liberty and republic and protect us in the days ahead.

Charles F. Kerchner, Jr., Commander USNR (Retired)
Lead Plaintiff, Kerchner v Obama & Congress
Please if you can, visit this site and help the cause:
http://www.protectourliberty.org/
http://puzo1.blogspot.com
####

Ad: Kerchner v Obama Petition is Scheduled for Conference in U.S. Supreme Court on Nov 23rd – Wash Times National Weekly ed – 15 Nov 2010 – pg 5

Originally Written & Posted Online by CDR Kerchner @ Puzo1.BlogSpot.com:  Monday, November 15, 2010 @ 10:54 AM

Ad: Kerchner v Obama Petition is Scheduled for Conference in U.S. Supreme Court on Nov 23rd – Wash Times National Weekly ed – 15 Nov 2010 – pg 5

Ad: Kerchner et al v Obama & Congress et al Petition for Writ of Certiorari Scheduled for Conference on 23 Nov 2010 with the U.S. Supreme Court – Washington Times National Weekly edition – 15 Nov 2010 issue, page 5:

http://www.scribd.com/doc/42559111/Kerchner-v-Obama-Petition-Scheduled-for-Conference-at-Supreme-Court-15Nov2010-Wash-Times-Natl-Wkly

QUESTIONS PRESENTED TO THE U.S. SUPREME COURT:
PETITION 10-446

1. Whether petitioners sufficiently articulated a case or controversy against respondents which gives them Article III standing to make their Fifth Amendment due process and equal protection claims against them.
2. Whether putative President Obama can be an Article II “natural born Citizen” if he was born in the United States to a United States citizen mother and a non-United States citizen British father and under the British Nationality Act 1948 he was born a British citizen.
3. Whether putative President Obama and Congress violated petitioners’ Fifth Amendment due process rights to life, liberty, safety, security, tranquility, and property and Ninth Amendment rights by Congress failing to assure them pursuant to the Twentieth Amendment that Obama qualified as an Article II “natural born Citizen” before confirming his electoral votes and by Obama refusing to conclusively prove that he is a “natural born Citizen.”
4. Whether Congress violated petitioners’ rights under the Fifth Amendment to equal protection of their life, liberty, safety, security, tranquility, and property by investigating and confirming the “natural born Citizen” status of presidential candidate, John McCain, but not that of presidential candidate, Barack Obama.————————————————————————————–

Comments by CDR Kerchner (Ret):

Obama is not Article II constitutionally eligible to be the President and Commander of our military. Obama is NOT a “natural born Citizen” to constitutional standards. Obama’s father was NOT a U.S. Citizen. Obama’s father was not an immigrant to the United States. Obama’s father was a foreign national, a British Subject. Obama is the child of an alien father who was sojourning in the U.S. attending college. Obama was born a British Subject via his father and is still such to this day. Obama has never conclusively proved he was born in Hawaii. Obama’s paternal family in Kenya, Kenyan government officials, and newspapers in Kenya say he was born in Kenya. Obama’s maternal grandmother likely falsely and illegally registered him as born in Hawaii to get him, her new foreign-born grandson, U.S. Citizenship.

History shows us that a popularly elected, but ineligible, chief executive in the executive branch of a government can be legally and constitutionally removed from office, e.g., Governor Thomas H. Moodie of North Dakota was a prime example. After he was sworn in and serving as Governor, the North Dakota State Supreme Court ordered Governor Moodie removed from office, after it was determined that he was constitutionally and legally ineligible to serve in the office to which he was popularly elected.
http://history.nd.gov/exhibits/governors/governors19.html

Also, two U.S. Senators although popularly elected and sworn in to the U.S. Senate were subsequently removed from office after it was learned that they were NOT constitutionally eligible when they were elected.
Albert Gallatin [U.S. Senator seating unconstitutional and annulled]:
http://en.wikipedia.org/wiki/Albert_Gallatin
James Shields [U.S. Senator seating unconstitutional and annulled]:
http://en.wikipedia.org/wiki/James_Shields

Thus it is very clear that winning a popular election does not trump or nullify the constitution of a state or the U.S. federal constitution. Obama is not constitutionally eligible to be the President and Command in Chief of the military and should be removed from office and his election, confirmation, and swearing in annulled.

Charles F. Kerchner, Jr., Commander USNR (Retired)
Lead Plaintiff, Kerchner v Obama & Congress
Please if you can, visit this site and help the cause:
http://www.protectourliberty.org/
http://puzo1.blogspot.com
####

Kerchner v Obama Petition for Writ of Certiorari filed & docketed with U.S. Supreme Court – Washington Times National Weekly edition – pg 5

Originally Written & Posted Online by CDR Kerchner @ Puzo1.BlogSpot.com:  Monday, October 11, 2010 @ 9:46 AM

Kerchner v Obama Petition for Writ of Certiorari filed & docketed with U.S. Supreme Court – Washington Times National Weekly edition – pg 5

Kerchner et al v Obama/Congress/Pelosi et al Petition for Writ of Certiorarifiled 30 Sep 2010 and docketed 04 Oct 2010 with the U.S. Supreme Court – Washington Times National Weekly edition – 25, 18, and 11 Oct 2010 issues, page 5.U.S. Supreme Court Docket Number: 10-446. Response from defendants due to the U.S. Supreme Court by 3 Nov 2010.

[Update 13 Oct 2010: Kerchner v Obama – Supreme Court Activity]

Obama is not Article II constitutionally eligible to be the President and Commander of our military. Obama is NOT a “natural born Citizen” to constitutional standards. Obama’s father was NOT a U.S. Citizen. Obama’s father was not an immigrant to the United States. Obama’s father was a foreign national, a British Subject. Obama is the child of an alien father who was sojourning in the U.S. attending college. Obama was born a British Subject via his father and is still such to this day. Obama has never conclusively proved he was born in Hawaii. Obama’s paternal family in Kenya, Kenyan government officials, and newspapers in Kenya say he was born in Kenya. Obama’s maternal grandmother likely falsely and illegally registered him as born in Hawaii to get him, her new foreign-born grandson, U.S. Citizenship.

Link to read and download newest ad: http://www.scribd.com/doc/40046804/Kerchner-v-Obama-Petition-for-Writ-of-Cert-Docketed-with-Supreme-Court-25Oct10-issue-Wash-Times-Wkly

History shows us that a popularly elected, but ineligible, chief executive in the executive branch of a government can be legally and constitutionally removed from office, e.g., Governor Thomas H. Moodie of North Dakota was a prime example. After he was sworn in and serving as Governor, the North Dakota State Supreme Court ordered Governor Moodie removed from office, after it was determined that he was constitutionally and legally ineligible to serve in the office to which he was popularly elected.

http://history.nd.gov/exhibits/governors/governors19.html

————————————————————————————–

A request from CDR Kerchner:

Also, please cast your votes to Help the Cause to get the word out:

1st: Vote for the show topic for the Judge Andrew Napolitano “Freedom Watch” TV show to be a discussion of the legal term of art, “natural born Citizenship”. Please add your vote (in addition to making a comment if desired) for this new TV Show topic suggested by JTX at the Judge Andrew Napolitano “Freedom Watch” TV show suggestion forum. Go to this link and click on the VOTE button and cast 3 of your 10 votes for the show topic to be “natural born Citizenship”. Don’t just make a comment only. That does not count as a vote. Be sure to VOTE too: http://freedomwatch.uservoice.com/forums/16625-freedom-watch-show-ideas/suggestions/969299-natural-born-citizen-meaning-in-natural-law-s?ref=title

2nd: Vote for Mario to be a guest on Judge Andrew Napolitano’s Freedom Watch TV show: Please add your vote here (in addition to making a comment if desired) to get Attorney Mario Apuzzo on the air with the Judge Andrew Napolitano to discuss this issue. Go to this link and click on the VOTE button and cast 3 of your 10 votes for Mario Apuzzo. Don’t just make a comment only. That does not count as a vote. Be sure to VOTE too: http://freedomwatch.uservoice.com/forums/16626-freedom-watch-guest-suggestions/suggestions/268573-mario-apuzzo-esq-

Charles F. Kerchner, Jr., Commander USNR (Retired)
Lead Plaintiff, Kerchner v Obama & Congress
Please if you can, visit this site and help the cause:
http://www.protectourliberty.org/
####

Petition for Writ of Certiorari filed with the U.S. Supreme Court for Kerchner et al vs. Obama/Congress/Pelosi et al Lawsuit

Originally Written & Posted Online by CDR Kerchner @ Puzo1.BlogSpot.com:  Thursday, September 30, 2010 @ 5:21 PM

Petition for Writ of Certiorari filed with the U.S. Supreme Court for Kerchner et al vs. Obama/Congress/Pelosi et al Lawsuit

News Release
FOR IMMEDIATE RELEASE
30 September 2010, 8:00 P.M. EDTCONTACT: Mario Apuzzo, Esq., Jamesburg, New Jersey
http://puzo1.blogspot.com/
Tel: 732-521-1900, Fax: 732-521-3906, Email: apuzzo@erols.comPetition for Writ of Certiorari filed with the U.S. Supreme Court for Kerchner et al vs Obama/Congress/Pelosi et al Lawsuit

[Update 4 Oct 2010: U.S. Supreme Court Assigns Docket Number: 10-446. Response from Defendants due to the U.S. Supreme Court by 3 Nov 2010.]

[Update 13 Oct 2010: Kerchner v Obama – Supreme Court Activity]

JAMESBURG, NJ – (Sept. 30, 2010) – Attorney Mario Apuzzo of Jamesburg, NJ, today filed a Petition for a Writ of Certiorari with the U.S. Supreme Court in Washington DC, on behalf of plaintiffs, Charles F. Kerchner, Jr., Lehigh County, PA; Lowell T. Patterson, Burlington County, NJ; Darrell J. LeNormand, Middlesex County, NJ; and Donald H. Nelsen, Jr., Middlesex County, NJ. Plaintiffs are challenging the recent decision of the Third Circuit Court of Appeals in Philadelphia, PA, which affirmed the dismissal by District Judge, Jerome Simandle, sitting in the Federal District Court, Camden, NJ, of plaintiffs’ lawsuit in which they charge that Barack Hussein Obama, aka Barry Soetoro, has NOT conclusively proven to any controlling legal authority that he is an Article II, Section 1, Clause 5 “natural born Citizen of the United States” and thus constitutionally eligible to serve as the President and Commander-in-Chief of our military, and that he has hidden all his early life records including his original long-form birth certificate, early school records, college records, travel and passport records needed to prove he is even a born Citizen of the United States

Obama was born a British Subject/Citizen to a British Subject/Citizen father and a U.S. citizen mother. Obama’s father was not a U.S. Citizen and never intended to be one. Obama’s father was never even an immigrant to the USA nor was he even a permanent legal resident. Obama’s father was a foreign national sojourning in the USA to attend college. Obama is still a British Subject/Citizen to this day because he has never renounced that citizenship. According to this lawsuit, Obama was born a dual-citizen with dual allegiance and loyalty and is therefore not constitutionally eligible to be the President and Commander-in-Chief of our military. The founders of our country and framers of our Constitution required the President to have unity of citizenship and sole natural allegiance to the USA from the moment of birth, which Obama does not and cannot have. This was a national security issue to the founders and framers.

Obama has multiple foreign allegiance claims on him because of his British citizenship which also converted to Kenyan citizenship at age 2. Obama was also an Indonesian citizen as a youth when he was adopted or acknowledged by his Indonesian step-father when he married his mother, Stanley Ann Dunham.The lawsuit seeks a trial on the merits to determine the true facts of Obama’s legal identity and exact citizenship status and to require Obama to prove to the courts that he is eligible for the federal office he sits in per our Constitution, Article II, Section 1, Clause 5, which states: 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 legal term of art, natural born citizen, is defined by the world renowned legal scholar, Emer de Vattel, in his pre-eminent legal treatise and enlightenment to the world of jurisprudence in the revolutionary period, The Lawof Nations or Principles of Natural Law, published in 1758, and which was used by the founders by the Continental Congress during the formation of our country and by the framers of our U.S. Constitution, and whose definition of natural born Citizen is incorporated in several U.S. Supreme Court decisions. Vattel and U.S. Supreme Court decisions agree that a natural born citizen is a person born in the country to two parents who are both citizens of the country. Obama’s father was not a U.S. citizen, nor even an immigrant to the USA. Thus Obama is not a natural born citizen of the USA, and that is the reason for the lawsuit.

The original lawsuit was filed early in the morning of January 20, 2009, before Obama was sworn in. The case was dragged out by delays by the government in addressing the case and deciding on whether the case would proceed to a fact finding trial on the merits or not. The courts have decided that it will not go to the merits and have dismissed the case using technical and procedural tactics to keep the Plaintiffs from getting to the merits of the charges.

By the lower Courts finding that plaintiffs do not have standing and that their claims present a political question, the lower Courts were able to avoid having to address the underlying merits of the Kerchner case. With such a decision, the American People unfortunately still do not know conclusively where Obama was born and whether he is an Article II “natural born Citizen” and therefore constitutionally eligible to be President and Commander in Chief. Being a born “Citizen of the United States” is a necessary part but is NOT sufficient to be an Article II “natural born Citizen of the United States”. We have asked the relevant questions and provided for the U.S. Supreme Court in our Petition various reasons why it should accept this case and promptly resolves this constitutional crisis.

–more–

For a copy of the Petition and more information about the lawsuit see these links:

Petition for Writ of Certiorari filed with the U.S. Supreme Court for Kerchner et al vs. Obama/Congress/Pelosi et al Lawsuit

http://www.scribd.com/doc/19914488/Kerchner-v-Obama-Congress-Table-of-Contents-2nd-Amended-Complaint

http://www.scribd.com/doc/11317148/Kerchner-et-al-v-Obama-Congress-et-al-filed-at-250-am-20Jan2009-2nd-Amendment-filed-09Feb2009

http://www.scribd.com/doc/17748032/Kerchner-v-Obama-Congress-Docket-Report

http://www.scribd.com/doc/22556305/Docket-Report-Kerchner-v-Obama-Congress-U-S-3rd-Circuit-Court-of-Appeals-Philadelphia-PA

http://puzo1.blogspot.com/2009/10/real-kerchner-v-obama-congress-case-is.html

http://puzo1.blogspot.com

http://www.protectourliberty.org

For additional comments or information please contact Mario Apuzzo, Attorney at
Law, 185 Gatzmer Avenue, Jamesburg, NJ, 08831, Tel: 732-521-1900, Fax:
732-521-3906, Email: Apuzzo@erols.com

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UPDATE 04 Oct 2010: The Petition is now posted in the Docket of the Supreme Court of the United States and can be seen at this link:
http://www.supremecourt.gov/Search.aspx?FileName=/docketfiles/10-446.htm

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