Kerchner v Obama & Congress Appeal Received on 29 June 2010 by Court for Decision

8/9/2019 Kerchner v Obama & Congress Appeal Received on 29 June 2010 by Court for Decision

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Wednesday, June 30, 2010

The U.S. Third Circuit Court of Appeals Receives Kerchner v.

Obama/Congress for Decision

As I have already reported, Charles F. Kerchner, Jr., Commander USNR (retired), Lowell

T. Paterson, Darrell James LeNormand, and Donald H. Nelsen, Jr., have filed a legal

action against Barack H. Obama II, in both his private and public capacity as putativePresident of the United States. They have included claims against Congress, former Vice-

President, Dick Cheney, and current Speaker of the House, Nancy Pelosi.

First, they argue that the Founders' and Framers' definition of a "natural born Citizen"

may be found in the law of nations as commented on by Emer de Vattel in his highly

influential treatise, The Law of Nations, Or, Principles of the Law of Nature, Applied to

the Conduct and Affairs of Nations and Sovereigns (1758 French edition, 1759 first

English edition) and not in the inapplicable English common law. The Framers adoptedthe Law of Nations as part of Article IIIs Laws of the United States but did not so

adopt the English common law. We also know that under Article VI, the Laws of theUnited States which are made in pursuance of the Constitution shall be the supreme

Law of the Land. Under the law of nations, a natural born citizen was a child born in

the country to citizen parents, meaning both mother and father. Vattel, Sections 212-33.The Kerchner plaintiffs maintain that under the law of nations, Obama is not eligible to

be President and Commander in Chief of the military because, being born with

conflicting allegiance to Great Britain which he inherited from his non-United States

citizen father and possibly to the United States if he was born in Hawaii as he claims buthas not shown, he cannot meet the Founders and Framers constitutional definition of an

Article II natural born Citizen, which requires the President and Commander in Chiefof the Military to have unity of citizenship and allegiance from birth only to the UnitedStates which status is acquired at birth only if the child is born in the United States (or its

equivalent) to a citizen mother and father.
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Second, they also argue that Obama has not conclusively proven that he was in fact born

in Hawaii or any other place in the United States and that even if he were born in the

United States, at most he is a Fourteenth Amendment born "citizen of the United States"but not an Article II "natural born Citizen." At the time the Framers adopted the

Constitution, they allowed persons who were "citizens of the United States" to bePresident, provided that they had that status as of the time the Constitution was adoptedwhich we know was 1787. If a child did not have that status at that time, the Framers

required that a would-be President be a "natural born Citizen." There is no denying from

a simple reading of its text that the Fourteenth Amendment only grants to individuals,

who can acquire by either birth or naturalization in the United States and being subjectto the jurisdiction thereof, the equal status of a "citizen of the United States." The

amendment makes no mention of a natural born Citizen and surely would not by

implication equate a citizen of the United States with a natural born Citizen since theFramers in Article II were careful to make a distinction between the two types of citizens

and we must give meaning to the words the Framers so chose and a naturalized citizen

can be a citizen of the United States but cannot be a natural born Citizen. Hence, theAmendment only defined the Framers' "citizen of the United States," which status created

doubts throughout our history but did not define the Framers "natural born Citizen"

which never created any doubts as to its meaning and therefore needed no clarification

through any constitutional amendment.

Hence, if Obama was born in Hawaii, he would fall under the Framers "citizen of the

United States" status as later defined by the Fourteenth Amendment. But being a born"citizen of the United States" under the Fourteenth Amendment in 1961 is not sufficient

to establish eligibility under Article II which now requires that Obama be a "natural bornCitizen." There is also no denying that being born in 1961, Obama was not a citizen of

the United States at the time the Constitution was adopted in 1787. Hence, to be eligible

to be President, he must be a natural born Citizen. But if Obama was born in Hawaiiwhich we know was to a non-U.S. citizen father and U.S. citizen mother, he would be a

born "citizen of the United States" under the Fourteenth Amendment but not a "natural

born Citizen" under Article II. So even if Obama was born in Hawaii, he would not beeligible to be President under Article II.

I have already reported that the U.S. Third Circuit Court of Appeals which sits in

Philadelphia decided it did not need oral arguments on the Kerchner appeal to that Courtand that the Court would receive the case on Tuesday, June 29, 2010 for decision on the

briefs. I have also been informed that the Third Circuit Panel that will decide the appeal

will be comprised of Circuit Judges Sloviter, Barry, and Hardiman. See the latest 3rdCircuit Court of Appeals Summary Docket for this case here.

Now we have to wait for the Court to render its decision. We do not know how long itwill take to do so. We can only presume that the Court is aware of the critical importance

of this issue and that my clients need to know as soon as possible where they stand.

Hence, I believe that we can expect that the Court will provide us with its decision in thenot too distant future.
http://puzo1.blogspot.com/2010/05/catalog-of-evidence-concerned-americans.htmlhttp://puzo1.blogspot.com/2010/05/catalog-of-evidence-concerned-americans.htmlhttp://en.wikipedia.org/wiki/United_States_Court_of_Appeals_for_the_Third_Circuithttp://en.wikipedia.org/wiki/Dolores_Sloviterhttp://en.wikipedia.org/wiki/Maryanne_Trump_Barryhttp://en.wikipedia.org/wiki/Thomas_Hardimanhttp://www.scribd.com/doc/22556305/Docket-Report-Kerchner-v-Obama-Congress-U-S-3rd-Circuit-Court-of-Appeals-Philadelphia-PAhttp://www.scribd.com/doc/22556305/Docket-Report-Kerchner-v-Obama-Congress-U-S-3rd-Circuit-Court-of-Appeals-Philadelphia-PAhttp://en.wikipedia.org/wiki/Thomas_Hardimanhttp://en.wikipedia.org/wiki/Maryanne_Trump_Barryhttp://en.wikipedia.org/wiki/Dolores_Sloviterhttp://en.wikipedia.org/wiki/United_States_Court_of_Appeals_for_the_Third_Circuithttp://puzo1.blogspot.com/2010/05/catalog-of-evidence-concerned-americans.htmlhttp://puzo1.blogspot.com/2010/05/catalog-of-evidence-concerned-americans.html


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If the Third Circuit Court of Appeals reverses the Federal District Courts dismissal of

the Kerchner case, the case will most likely return to that lower court for discovery and

trial. On the other hand, if the Court affirms the lower court because of standing and/orpolitical question, we will then file a petition for certiorari with the United States

Supreme Court which will in any event provide the final judicial word on Obamaseligibility to be President and Commander in Chief of the Military.

Mario Apuzzo, Esq.

June 30, 2010

http://puzo1.blogspot.com/###

Posted by Puzo1 at 2:45 PM

Labels: Barack Obama, Charles Kerchner, constitutional eligibility president, Law of

Nations, Mario Apuzzo, natural born citizen, Natural Law, political question, standing,The Law of Nations, Vattel
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Kerchner v Obama & Congress Appeal Received on 29 June 2010 by Court for Decision