Monthly Archives: July 2009

What to tell the Birthers Bashers, Mario Apuzzo, July 31, 2009, Natural born Citizen, Founding fathers, free of all foreign influence

From Mario Apuzzo, attorney in the lawsuit, Kerchner V Obama, July 31, 2009:

“You are poorly informed on the constitutional issue involved with Obama’s eligibility to be President. The primary issue is whether Obama is an Article II “natural born Citizen,” not whether he was born in the U.S. When drafting the eligibility requirements for the President, the Founding Fathers distinguished between “Citizen” and “natural born Citizen” in Article II, sec. 1, cl. 5 and in Articles I, III, and IV of the Constitution. Per the Founders, while Senators and Representatives can be just “citizens,” after 1789 the President must be a “natural born Citizen.” The Founders wanted to assure that the Office of President and Commander in Chief of the Military, a non-collegial and unique and powerful civil and military position, was free of all foreign influence and that its holder have sole and absolute allegiance, loyalty, and attachment to the U.S. The “natural born Citizen” clause was the best way for them to assure this.

The distinction between “citizen” and “natural born Citizen” is based on the law of nations which became part of our national common law. According to that law as explained by Vattel in his, The Law of Nations, a “citizen” is simply a member of the civil society. To become a “citizen” is to enter into society as a member thereof. On the other hand, a “natural born Citizen” is a child born in the country of two citizen parents who have already entered into and become members of the society. Vattel also tells us that it is the “natural born Citizen” who will best preserve and perpetuate the society. This definition of the two distinct terms has been adopted by many United States Supreme Court decisions. Neither the 14th Amendment (which covers only “citizens” who are permitted to gain membership in and enter American society by either birth on U.S. soil or by naturalization and being subject to the jurisdiction of the United States), nor Congressional Acts, nor any case law has ever changed the original common law definition of a “natural born Citizen.” Congressional Acts and case law, like the 14th Amendment, have all dealt with the sole question of whether a particular person was going to be allowed to enter into and be a member of American society and thereby be declared a “citizen.” Never having been changed, the original constitutional meaning of a “natural born Citizen” prevails today. It is this definition of “natural born Citizen” which gives the Constitutional Republic the best chance of having a President and Commander in Chief of the Military who has sole and absolute allegiance, loyalty, and attachment to the United States. By satisfying all conditions of this definition, all other avenues of acquiring other citizenships and allegiances (jus soli or by the soil and jus sanguinis or by descent) are cut off. I call this state of having all other means of acquiring other citizenships or allegiances cut off unity of citizenship which is what the President must have at the time of birth.

Obama’s father was born in Kenya when it was a British colony. When he came to America, he was probably here on a student visa and he never became a legal resident of the U.S. or an immigrant. He had no attachment to the U.S. other than to study in its prestigious educational institutions which he did for the sole purpose of returning to Kenya and applying his learning there for the best interests of that nation. In fact, when he completed his studies, he did return to Kenya and worked for its government.”

Read more:

http://puzo1.blogspot.com/2009/07/what-to-tell-birthers-bashers.html

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Kerchner V Obama, Update, July 31, 2009, Charles Kerchner, Mario Apuzzo, Plaintiffs’ Reply Brief Supporting Cross-Motion for Leave Nunc Pro Tunc to File the Second Amended Complaint/Petition

Just in from Charles Kerchner of the Kerchner V Obama lawsuit:

“For Immediate Release:

Kerchner v Obama & Congress – Filing Announcement: Plaintiffs’ Reply Brief Supporting Cross-Motion for Leave Nunc Pro Tunc to File the Second Amended Complaint/Petition:

http://puzo1.blogspot.com/2009/07/filing-announcement-plaintiffs-reply.html

For more details contact Attorney Mario Apuzzo at:
http://puzo1.blogspot.com/

Charles Kerchner
Lead Plaintiff
Kerchner v Obama & Congress”

DeKalb County Georgia, Background Check On Obama, Placed On Leave, Secret Service called, Officers have standing in court

** Update July 30, 2009, 3:20 PM – see below **

These 2 police officers in DeKalb County Georgia have standing.

They also deserve our support.

“Officers Run Background Check On Obama; Placed On Leave”

“Two DeKalb County police officers have been placed on paid administrative leave after an investigation revealed they ran a background check on President Barack Obama.

A representative for the DeKalb County CEO’s office identified the officers as Ryan Wright and C.M. Route.

Officials said Obama’s name was typed into a computer inside a DeKalb County police car on July 20 and ran through the National Crime Information Center.

The secret service was immediately notified and contacted the DeKalb County Police Department.”

Read more:

http://dekalbofficersspeak.blogspot.com/2009/07/officers-run-background-check-on-obama.html

Also:

http://www.wsbtv.com/news/20218458/detail.html

** Update  **

I just spoke to a nice lady at the DeKalb County Police dept. The reason that the Secret Service was called in and that the 2 officers were placed on admin. leave was that the database that they accessed is controlled by the US Secret Service and that the 2 officers violated county policy by not using the proper procedures.

 

 

Thanks to commenter LM.

Fukino press release, July 27, 2009, Update, July 28, 2009, Obama birth certificate, Health director, Natural born citizen, Vital records on file, Hawaii State Department of Health, Dr. Chiyome Fukino

The press release from Dr. Chiyome Fukino, Director of the Hawaii State Department of Health, regarding the Obama birth certificate, was placed on the department web site under press releases a few minutes ago. Dr. Fukino’s statement was made on July 27, 2009. Notice the phrase “have seen the original vital records” instead of birth certificate.

FukinoPressRel090727

 

 

View the press release here:

http://hawaii.gov/health/about/pr/2009/09-063.pdf

Phil at the Right Side of Life blog has analyzed the press release and other statements made by the HI Health Department and the media:

http://www.therightsideoflife.com/?p=6815

Kerchner V Obama, Update, July 28, 2009, Filing Announcement, Defendants filed their reply, Charles F. Kerchner

Last night I received notification from Charles Kerchner, plaintiff in Kerchner V Obama, of a filing announcement from the defendants:

“Monday, July 27, 2009

Filing Announcement: Defendants have filed their reply to Atty Apuzzo’s opposition to the defendants’ motion to dismiss (MTD).

http://www.scribd.com/doc/17727971/Kerchner-v-Obama-Congress-DOC-37-Defendants-Reply-to-Plaintiffs-Opposition-Brief-to-Defendants-MTD

As I read these documents and the docket, the motion decision dates are now scheduled as follows: on or about 3 August 2009 on the Defendants’ motion to dismiss the entire lawsuit and on or about 17 August 2009 on the Plaintiffs’ cross-motion to get leave from the court for the 2nd Amended Verified Complaint portion of the lawsuit Nunc Pro Tunc, which said motion the Defendants are opposing as the defendants want that 2nd Amended Verified Complaint stricken. Note: The 2nd Amended Verified Complaint was the only one served on the Defendants.

Atty Apuzzo will likely comment more on this later.

For more information and details contact Mario Apuzzo, Esq., at: http://puzo1.blogspot.com/

Charles F. Kerchner, Jr.
CDR USNR Retired
Lead Plaintiff
Kerchner et al vs. Obama & Congress et al”

Learn more here:

US Constitution, Time for a change, Left desperation, Elitist insults, Left wing lies, disregard for rule of law, Melanie Springer Mock, George Fox University

“we mutually pledge to each other our lives, our fortunes and our sacred honor.”          Signers of  The Declaration of Independence

The quote above, the bottom line quote from the American Revolution, is not casual conversation. Our founding fathers risked everything to provide a haven of free speech and a Constitution that protects our rights and our safety. So anytime I hear of someone attacking the US Constitution or disregarding it, I become annoyed.

Melanie Springer Mock, an associate professor in the department of writing and literature at George Fox University in Newberg, Oregon, obviously needs to take some more history classes. And how appropriate that her last name is mock (elitist comments) and she is in the department of writing and literature (creative writing, fiction).

Ms. Mock obviously has no respect for the rule of Law, US Constitution or fellow Americans that do respect the Constitution. Here are some exerpts from an article published on oregonlive.com on July, 27, 2009:

“Time for a change — to the Constitution

by Melanie Springer Mock, guest opinion

Monday July 27, 2009, 8:30 AM

The drumbeat of discontent from the so-called “birthers” has started again. Nearly six months after President Barack Obama was inaugurated, fringe members of the conservative party are finding public platforms to argue that Obama has no right to the presidency because he does not have a valid U.S. birth certificate.

Never mind the bigoted undertones of these claims, the unspoken assertion that because Obama does not look like “us,” he is not American.

Such rumors take on an even more sinister hue when birthers rant that Obama is trying to cheat “us” — that he really was born in Kenya, and that his mother doctored the birth certificate or, more egregiously, secreted Obama to Hawaii from Kenya only days after his birth, then secured a U.S. birth certificate for her foreign-born son.

Although these claims are, at best, ludicrous, they should also compel us to consider why the Constitution bans foreign-born U.S. citizens from presidential office — and to amend the Constitution so that questions about birth certificates and origins of birth no longer matter. In doing so, U.S. citizens, like my two sons, might be eligible for the country’s highest office.

My sons seem fit for a political life. Both are gregarious and charismatic, diplomatic, eager to shake hands with strangers and to kiss babies. OK, so they are only 7, but they have the temperaments of budding politicians. But they cannot become president without a constitutional amendment opening the office to foreign-born U.S. citizens.”

Read more:

http://www.oregonlive.com/opinion/index.ssf/2009/07/time_for_a_change_to_the_const.html

Ms. Mock could be the poster child for left wing liberal Obots:

She believes that:

  • She is wiser than our founding fathers.
  • Obama has produced a birth certificate.
  • Anyone questioning Obama is a bigot, “birther”, ranter, fringe member.
  • Joe the Plumber is infamous.
  • Her 7 year old foreign born sons have “temperaments of budding politicians.”
  • “But they cannot become president without a constitutional amendment opening the office to foreign-born U.S. citizens.”

The US Constitution rules.
It is the law of the land.

Even if we become so presumptious as to believe we are wiser than our founding fathers, the law was clear when Obama was running for office. The POTUS must be a natural born citizen.

 

Thanks to commenter Greg Goss.

Kerchner V Obama, Congress, Lawsuit, Update, July 27, 2009, Washington Times National Weekly, Charles Kerchner update

Just in from Charles Kerchner, the plaintiff in the Kerchner V Obama lawsuit, July 27, 2009:

“The below linked full page advertorial is running today in the Washington Times National Weekly edition on page 9.  This is the second week in a row with the British Born additional key point about Obama … one more of his many flaws in his exact citizenship status, i.e., that:

“Obama when born in 1961 was a British Subject”

And of course, as a British Subject at birth, Obama is not eligible to be President and the Commander-in-Chief of our military forces since he is not, and never can be, a “natural born citizen” of the USA as is required under Article II of our Constitution, per the intent of the founders of our nation and framers and legal scholars of our Constitution such as Franklin, Jay, and Washington, and per legal constitutional standards.

http://www.scribd.com/doc/17695670/Kerchner-et-al-v-Obama-Congress-et-al-Advertorial-in-20090727-Issue-Wash-Times-Natl-Wkly-pg-9

If you can, please give some coverage of this new key point in this newer version of the advertorials I have been running, i.e., that Obama was born a British Subject when born in 1961 no matter where he was born. His father was a British Subject and thus under the British Nationality Act of 1948 Obama was a British Subject at birth too.

While we who have been fighting this battle may clearly know and understand that point, most in America do not, nor do they understand the importance of that point as to natural born citizenship status under Article II of our Constitution, to constitutional standards.

Also if you can, please point out that if your readers wish to see more of this type of advertising in a national newspaper on the issue of Obama’s citizenship flaws, that they can now help the cause and contribute to funding the advertorials at:  http://www.protectourliberty.org/  I thank all the patriots who have contributed to-date to make this latest advertorial insertion possible. With help, more will be done.  Thank you.

Sincerely,

Charles F. Kerchner, Jr.
CDR USNR Retired
Lead Plaintiff
Kerchner v Obama & Congress”

As noted by Charles Kerchner:

“If you can, please give some coverage of this new key point in this newer version of the advertorials I have been running, i.e., that Obama was born a British Subject when born in 1961 no matter where he was born. His father was a British Subject and thus under the British Nationality Act of 1948 Obama was a British Subject at birth too.”