The U.S. Third Circuit Court of Appeals which sits in Philadelphia has notified me today by letter dated June 15, 2010 that there will not be any oral argument on the Kerchner appeal to that Court. The case will be submitted on the briefs on Tuesday, June 29, 2010. Our presence is therefore not required.
The Court also informed me that the Third Circuit Panel that will decide the appeal will be comprised of Circuit Judges Sloviter, Barry, and Hardiman.
The court can call for oral argument when it has questions. As we know, the Federal District Court granted Obama’s/Congress’s motion to dismiss the complaint/petition for lack of standing and political question. The Kerchner plaintiffs have appealed that decision to the Third Circuit Court of Appeals. On a motion to dismiss the complaint on its face for lack of standing and political question, both the trial and the appeals courts are supposed to accept the facts alleged in the complaint/petition as true and in a light most favorable to the non-movant. We have alleged and shown that Obama is not and cannot be an Article II “natural born Citizen” because he was born a subject of Great Britain through descent from his British subject/citizen father who was never a U.S. citizen, making Obama born with dual and conflicting allegiances if he was born in the U.S. or with sole allegiance to Great Britain if he was born in Kenya. We have also alleged and shown that Obama has not conclusively proven that he was even born in Hawaii. Obama and Congress have presented no evidence or argument to the Federal District Court or to the Court of Appeals contesting these arguments. The issues of standing and political question are well briefed. We have presented in our briefs how the Kerchner plaintiffs have standing and how the Obama eligibility issue does not present any objectionable political question for the Court. Hence, the Court might not have any questions and so it did not see any need for oral argument.
Of course, it is our hope that the U.S. Third Circuit Court of Appeals reverses the decision of the Federal District Court which dismissed the complaint/petition for lack of standing and political question and returns the Kerchner case to the District Court for discovery and trial. If the Third Circuit Court affirms the District Court, we will then be filing a petition for certiorari with the United States Supreme Court which will have the final word in any event.
Kerchner v Obama, Update May 24, 2010, Obama 3 enablers
From Charles Kerchner, lead plaintiff in Kerchner v Obama and congress, May 24, 2010.
“New Ad – Obama’s Lack of Eligibility – The Three Enablers of the Cone of Silence in Washington DC – 24 May 2010 issue Washington Times National Weekly – Page 5”
“This “The 3 Enablers of the Cone of Silence in Washington DC” ad shows us who are the three enablers in our American system of government who are permitting Obama’s usurpation of the Office of the Presidency in violation of Article II, Section 1, Clause 5 of the U.S. Constitution. Obama was born a British Subject under British Nationality Laws since his father was a British Subject in 1961 and was only visiting the USA.
Obama’s father was never a U.S. Citizen, nor even an immigrant to the USA. Just like McCain is a U.S. Citizen because when he was born in Panama his father was a U.S. Citizen, Obama was a British Subject when born since his father was a British Subject. How can a person who is born a British Subject ever be considered a “natural born Citizen” of the USA? The answer is simple, he cannot. The founders of our Republic and the framers of our Constitution intended that a “natural born” Citizen is without any doubt a person born in the country to parents who are both Citizens of the country when their child is born. That was also confirmed in a U.S. Supreme Court decision in 1874 named Minor vs Happersett. Most American citizens are natural born Citizens. Obama’s father was never a Citizen of the USA. Thus, Obama is NOT a “natural born Citizen” of the USA.
The ancient Asian proverb depicted by the caricatures of the institutions who are enabling Obama in by their See, Hear, and Speak no Evil do nothing mode on the issue is classically known in the USA to depict situations where people are turning a blind eye to the obvious. The ad depicts the situation we are in where the Congress is turning a blind eye and will not “look” at or investigate the merits of the charges. The Courts will not “hear” in a trial the merits of the charges. And the Main Stream Media will not “talk” about the merits of the charges and discuss the Constitutional issues involved with the American people nor will they dig into Obama’s sealed and hidden early life records. Their ignoring the questions and concerns of the People in this matter endangers our liberty by demonstrating that those in power, once in power feel they do not have to obey the Constitution and/or listen to the People.
Lt. Col. Terrence Lakin, Fox News, Megyn Kelly, Bill O’Reilly, Lies
Did Fox News and/or Bill O’Reilly sell their soul to the devil?
We need for journalists and those reporting in the media to take an oath of honesty and integrity. Except for perhaps Sean Hannity, Fox News is sorely lacking. Lt. Col. Terrence Lakin took the following oath:
“I, [name], do solemnly swear (or affirm) that I will support and
defend the Constitution of the United States against all enemies,
foreign and domestic; that I will bear true faith and allegiance to
the same; that I take this obligation freely, without any mental
reservation or purpose of evasion; and that I will well and faithfully
discharge the duties of the office on which I am about to enter.
So help me God.” US Military officer’s oath of office
Officers in the service of the United States are
bound by this oath to disobey any order that
violates the Constitution of the United States. On April 15, 2010, the Citizen Wells blog reported.
Please provide fair and balanced coverage regarding LTC Lakin. Please do not trash people “birthers” who are asking legitimate questions.
“Facts are stubborn things; and whatever may be our wishes, our inclination, or the dictates of our passions, they cannot alter the state of facts and evidence.”
– John Adams
LTC Lakin is an honorable man and needs to be treated as such. He is standing up for what he believes. He believes in the oath that he took to defend his Country from enemies both foreign and domestic. His oath is to protect and defend the Constitution, as such, believes no man is “above the law” including the President.
Instead of questioning LTC Lakin’s motives, I would hope that you question Mr. Obama’s. Why would a sitting President who has nothing to hide go to such great lengths, spending millions, to refrain from providing basic documents that prove his eligibility for office?
I would also hope that your focus is NOT primarily on Mr. Obama’s elusive birth certificate. Mr. Obama, by his own admission stated that he was born with DUAL citizenship Kenya-British (Barack Obama Sr.) and USA (Stanley Ann Dunham). He was also a citizen of Indonesia when he was adopted by his step father Lolo Soetoro.
How can a person with DUAL citizenship, who has allegiances to counties other than the USA be a Natural Born Citizen?
NBC=Two Citizen ParentS and Born on US Soil.
You see, it doesn’t matter if Barack Obama was born in Kenya or Hawaii, his Dual Citizenship disqualifies him for POTUS. This should be your focus Megyn, please don’t disappoint!”
“Will Fox News cover this story in a “fair and balanced” manner? Megyn Kelly has supposedly been researching this story. Will she do real research and report with objectivity? Will Kelly actually read the statements from Dr. Fukino, examine the steps taken by Obama and his cadres of attorneys to avoid presenting a real birth certificate? Will Kelly review the natural born citizen clause and what it means? Will Kelly consider the fact that Obama has done everything in his power to hide his past including his college records?” Read more
We now have an answer as to whether or not Fox News, Bill O’Reilly and Megyn Kelly intend to cover the Lt. Col. Terrence Lakin story with indepth research and objectivity.
I have a great many facts and opinions to use to respond to the biased, unprofessional statements of O’Reilly and Kelly on Fox. However, for the moment, the following, perhaps, screams louder.
From Charles Kerchner, lead plaintiff, in Kerchner v Obama and Congress.
Newspaper Birth Announcement Ads in 1961 in two Hawaiian Newspapers do NOT prove Obama was physically born in Hawaii.
The two announcements in the Hawaiian newspaper in 1961 only prove a birth was REGISTERED there, not that he was born there. A registration was allowed under Hawaiian law in 1961 to be made by any family member via a simple mail-in form to the state Health Department. No 3rd party or independent witnesses to the birth were required. The statement of a family member registering a new born child as born home was accepted into the registration system with little or not questions back then. Thus the family could lie and register a birth in Hawaii when it occurred elsewhere, anywhere in the world, simply to get the child U.S. citizenship, a highly coveted status then and now. The false registration was not done so he could be President some day. The false registration was done to get the new born child citizenship for that time. It was a case of birth registration fraud to illegally gain U.S. citizenship for a foreign born child of the family.
Given Hawaii’s very lax birth registration laws, as I said, Obama could have been born anywhere in the world and if Obama’s maternal grandma filled out the form and mailed it in to the birth registration office saying Obama was born at their home in Hawaii, a vital record would be created. And the birth announcement was on the list of births registered that week and which lists were sent routinely each week to the two newspapers. With data systems it is GIGO, garbage (false registration data) in yields garbage out (fraudulently created birth record in the state’s vital record system out). And with a falsified birth registration in the system, subsequent computer print outs in later years and carefully crafted statements by Hawaiian officials that they have a record of Obama being born in Hawaii can be obtained and made. But those printouts and statements are being made based on a falsified vital record mail-in registration form back in 1961.
WND.com, an online newspaper, did investigations on this first in 2009. They also did follow on stories in 2010 into how the newspaper ads were placed in those two papers in 1961 and the research revealed that the birth announcements were placed by the state, not the family. See these two article links below and many other articles as to how the Honolulu Advertiser and the other sister pub got the birth announcements from a list from the state each week, not from the families. These were public service birth announcements provided by the state. Garbage/falsified data on the available and simple birth registration mail-in form sent into the birth registration office in 1961 by a fraudulent filing by Obama’s grandmother to get her foreign born new grandson U.S. citizenship, illegally but easily given Hawaii’s lax laws back then, yielded a birth announcement in the paper for a birth in Hawaii that was registered there but did not physically occur in Hawaii. Obama was physically not born in Hawaii, as James Orengo, Member of Parliament, in Kenya recently attested to, as have other MPs in Kenya and as have members of Obama’s paternal line family in Kenya.
With the contradictory statements being made in Kenya by government officials there and members of the family there that Obama was born in Kenya and is not a native born American, the true legal identity needs to be investigated in a court of law. Any reasonable person looking at the evidence for and against Obama being born in Hawaii would say there is reasonable doubt he was born in Hawaii and would demand a further investigation. But the media is covering up for Obama by making false statements to protect him. The media created Obama, covered up for him, and is still a propaganda organ for him. This is a national disgrace.
Kerchner v Obama and Congress, Update, April 11, 2010, Appellants Motion
From Charles Kerchner, lead plaintiff in Kerchner v Obama and Congress.
“For Immediate Release – 10 April 2010
Kerchner v Obama Appeal – Activity in Appeal Case
Atty Apuzzo Files Appellants Motion for Leave to File Supplemental Appendix. Copy of the Appendix Also Filed.
Kerchner v Obama & Congress Appeal – Atty Mario Apuzzo Filed on 10 April 2010 to the U.S. 3rd Circuit Court of Appeals an Appellants Motion for Leave to File a Supplemental Appendix. Along with the motion he also filed a copy of the Supplemental Appendix. You can read the Motion and the Supplemental Appendix which has been combined into one file for release purposes via the link to the filing documents at this link.
Comment from Commander Kerchner, the Lead Plaintiff:
Our side is ready and rhetorically locked and loaded for the epic struggle. General Quarters has been sounded and the We the People are now awake on this issue and on the move to remove the unconstitutional Usurper from the Oval Office along with his corrupt and socialist backers with their foreign influences, money, and agenda for America to take our nation into a direction that is not American and violates our Constitution, the fundamental law of our land. We are a nation of laws not men. Our hearing in court is coming. If we don’t prevail in the 3rd Circuit Court of Appeals this case will be taken to the U.S. Supreme Court. We the People will not quit. This issue is not going away until Obama’s true legal identity is revealed and his constitutional eligibility to be President and Commander-in-Chief of our Military is thoroughly vetted in a court of law on the merits of the charges. The truth and the Constitution will win this fight in the end. We the People will insure that. So help us God.
Kerchner v Obama and Congress, Update, April 10, 2010, ARGUMENT ACKNOWLEDGMENT
From Charles Kerchner, lead plaintiff in Kerchner v Obama and Congress.
“For Immediate Release – 09 April 2010
Atty Mario Apuzzo Files His ‘ARGUMENT ACKNOWLEDGMENT’ to the U.S. 3rd Circuit Court of Appeals in Preparation for the Hearing and Argument of the Kerchner v Obama & Congress Appeal Scheduled to be Heard on 29 Jun 2010.
Kerchner v Obama and Congress, Update, April 8, 2010
From Attorney Mario Apuzzo’s blog.
“There has been activity in the Kerchner et al vs. Obama & Congress et al Appeal before the U.S. 3rd Circuit Court of Appeals in Philadelphia Pa.
1st: Atty Apuzzo sent a letter on 2 Apr 2010 to the Court of Appeals requesting addition to the record the dissertation on natural born Citizenship written by David Ramsay and published in 1789, one of the founders of our nation.
2nd: A letter dated 6 April 2010 was received today from the Court of Appeals scheduling a hearing date for the case on Tuesday, June 29, 2010 in Newark NJ. The court indicated in the letter that it has not yet decided whether it will permit Oral Arguments and that the parties to the case will be notified on that decision at a later time. If Oral Arguments are not permitted the case will be decided on the written Briefs and documents before the court. The appeal will be heard by a panel of three Federal 3rd Circuit Judges the names of whom have not been provided at this time.
Atty Mario Apuzzo, time permitting given his active legal practice, will provide a fuller explanation about the filing he made and letter received today from the court later this evening or tomorrow.
RE: Charles Kerchner, Jr., et al v. Barack Obama, et al
Case Number: 09-4209
District Case Number: 1-09-cv-00253
Dear Counsel:
The above-entitled case(s) has/have been tentatively listed on the merits on
2010
within the
The panel will determine whether there will be oral argument and if so, the amount of time
allocated for each side. (See Third Circuit Internal Operating Procedures, Chapter 2.1.) No later
than one (1) week prior to the disposition date you will be advised whether oral argument will be
required, the amount of time allocated by the panel, and the specific date on which argument will
be scheduled.
Counsel shall file an acknowledgment form
and advise the name of the attorney who will present oral argument. In addition, please indicate
whether or not s/he is a member of the bar of this Court. Bar membership is not necessary if
counsel represents a U.S. government agency or officer thereof or if the party is appearing pro se.
If the attorney is not a member of the bar of this Court, an application for admission should be
completed, which should be returned to this office without delay.
The hyperlinks for access to the
Tuesday, June 29,in NEWARK, NJ. It may become necessary for the panel to move this case to another dayweek of June 28, 2010. Counsel will be notified if such a change occurs.within seven (7) days from the date of this letter,acknowledgment form, application for admission, andappearance form
are provided for your convenience, and are also available on the Third Circuit
website.
Please file your completed acknowledgment form through CM/ECF.
Very truly yours,
Marcia M. Waldron, Clerk
By:
Tiffany Washington, Calendar Clerk-267-299-4905
Case: 09-4209 Document: 003110090637 Page: 1 Date Filed: 04/06/2010
Charles F. Kerchner, Jr., Commander USNR (Retired), Lead Plaintiff, Kerchner v Obama & Congress
Please if you can, see this site and help the cause: http://www.protectourliberty.org”
Kerchner v Obama and Congress, Update, March 24, 2010, Charles Kerchner comments
From Charles Kerchner, lead plaintiff in Kerchner v Obama and Congress.
“For immediate release – 23 March 2010
Commander Kerchner’s comments on the Appellant’s Reply Brief filed today by Atty Apuzzo in the Kerchner v Obama & Congress Lawsuit Appeal
By now many of you have likely had time to read Attorney Mario Apuzzo’s outstanding Appellant’s Reply Brief filed today with the U.S. 3rd Circuit Court of Appeals in Philadelphia PA. The closing two paragraphs sum up the issues and consequences and the duty of the federal court’s role in resolving the core constitutional legal question of this lawsuit very well. Imo, Atty Apuzzo’s words will live in history. The federal courts must take this case or our Constitutional Republic is doomed and on its way to the scrap heaps of history.
Atty Apuzzo writes on pages 29 & 30:
—————————————-
“The Supreme Court has warned us what can happen to our republic if its government does not observe the laws of the land. United States v. Olmstead, 277 U.S. 438 (1928). A finding of no jurisdiction will mean that we as a nation accept usurpation and tyranny by a small group of individuals who can act in concert and gain control of both parties and overthrow the constitutional order of our Republic and that citizens of the United States such as the plaintiffs, whose life, liberty, safety, security, tranquility, and property are threatened by such a plan and action, do not have any due process to protect themselves through a legal action in which they ask the judicial branch of government to protect them by enforcing the Constitution.
Judicial review is absolutely necessary when the other two branches of government act in a concerted way to subvert and ignore the Constitution’s requirements defining eligibility standards for the most powerful office of the land, the President and Commander in Chief of the Military. This power balance is important to the survival of our Republic and our Constitution. Plaintiffs’ case goes to the very core of our Constitution, the fundamental law of our land, and whether ultimately our legal system truly means anything when it comes to controversial but critical constitutional issues. For the Court to grant plaintiffs standing, find no violation of the political question doctrine, and rule that it has jurisdiction over plaintiffs claims will do no harm to the role that the judiciary plays in our Constitutional Republic but will rather confirm that elections in America must adhere to the rule of law.”
—————————————–
Bravo-Zulu Mario! You have done your job well. In your various briefs you have given the courts the facts and correctly cited the laws of our nation, including the Constitution which is the fundamental law of the land. The decision is now in the hands of the Appellate Court. They must now do their duty in our constitutional system of checks and balances and use their judicial review powers granted to them by We the People in the Constitution, and confirmed by the great Chief Justice John Marshall, to prevent usurpation of power by the other two branches. May they look for guidance to God, the Declaration of Independence, the Constitution, the Federalist Papers, and the U.S. Supreme Court decisions you cited in your Appellant’s Opening Brief and other briefs, and then do the correct thing per their oath “… to support and defend the Constitution of our United States against all enemies foreign and domestic … so help me God”, and remand the case back to the District Court for a trial on the merits so we can learn before the bar of a court of law the true legal identity of Obama and reveal what he has been hiding from the American people, that he is not an Article II “natural born Citizen” to constitutional standards. And in doing so, We the People will remove the Usurper from the Oval Office.
If you have not read the entire Reply Brief you can read it here:
I received this a few hours ago from Charles Kerchner, lead plantiff in Kerchner v Obama and Congress.
“Kerchner v Obama Appeal Reply Brief and Oral Argument Request Filed
I have completed filing the Kerchner Reply Brief and Request for Oral Argument. These documents may be accessed at the indicated links. All parties have completed filing all briefs and now we just need a decision from the Court. We will now wait and see if the Third Circuit Court of Appeals grants my request for oral argument and if so when the oral argument will be. If oral argument is granted, it will take place at the United States Court of Appeals Third Circuit, U.S. Courthouse, 601 Market Street, Philadelphia, Pennsylvania. The courthouse is located right across the street from Independence Hall and the Liberty Bell.
I want to thank all of my supporters on this blog and all those who visit here to find out what is going on with the Obama eligibility issue.
I will be posting more essays on natural law, the law of nations, Emer de Vattel, the Founders and Framers, the Courts, and the meaning of the “natural born Citizen” clause.
Kerchner v Obama Appeal Reply Brief: http://www.scribd.com/doc/28779811/Kerchner-v-Obama-Appeal-Appellant-s-Reply-Brief-22-Mar-2010
Request for Oral Argument: http://www.scribd.com/doc/28781505/Kerchner-v-Obama-Appeal-Request-for-Oral-Argument
Mario Apuzzo, Esq.
March 23, 2010 http://puzo1.blogspot.com“
Kerchner v Obama and Congress, Update, February 23, 2010
From Charles Kerchner, lead plaintiff in Kerchner v Obama and Congress.
For Immediate Release – 22 Feb 2010
There was activity today in the Kerchner et al v Obama & Congress et al Appeal before the U.S. 3rd Circuit Court of Appeals in Philadelphia PA.
The Appellant’s Motion for Leave to File an Over-Length Appellant’s Brief has been granted by Judge Michael Chagares, Circuit Judge, with the U.S. 3rd Circuit Court of Appeals in Philadelphia PA. The Appellant’s Brief is now past that technical hurdle and is thus fully accepted and before that court. This case at the Court of Appeals level will be judged by a three judge panel. You can see a copy of the Motion and the Order granting it at the below link.
We say in our original complaint that Obama is not a “natural born Citizen” of the USA and thus is not eligible to serve as President in the Oval Office. Obama is a Usurper and must be removed to preserve the integrity and fundamental law of our Constitution and our Republic.
We say that we Plaintiffs do have standing and the federal courts do have jurisdiction to address the constitutional legal question as to what does the term “natural born Citizen” in Article II mean to “constitutional standards”. All citizens have the inalienable right under the 9th Amendment to stand up to support and defend the U.S. Constitution against usurpation. And Oath Takers such as CDR Kerchner have a duty to do so. The courts have the constitutional power to take and decide this case. It is part of the “judicial review” powers of the federal courts. It is the courts duty to interpret the Constitution and all terms therein for cases involving the U.S. Constitution brought before it.
“We the People” will be heard on this matter! As the People in Massachusetts have demonstrated, “We the People” are the Sovereigns in this country. The Constitution is the fundamental law of our nation, not Obama, Congress, or the two Political Parties, or the Main Stream Media. We will not be silenced. The chair Obama temporarily and illegally sits in in the Oval Office is not his throne. It is the People’s seat. And Obama despite all his obfuscations to-date must prove to “constitutional standards” that he is eligible to sit in that seat or he will be removed by the People.
This is not going to go away until Obama stops hiding ALL his hidden and sealed early life documents and provides original copies of them to a controlling legal authority and reveals his true legal identity from the time he was born until the time he ran for President.
Obama at birth was born British via his non-Citizen, foreign British Subject father. Obama is a dual-citizen. He holds and has held multiple citizenship during his life-time. He’s been a Citizenship chameleon all his life as the moment and time in his life suited him. While living in Indonesia during his childhood he was an Indonesian citizen. Obama is not a “natural born Citizen” with singular and sole allegiance to the USA at birth and Unity of Citizenship at Birth to the USA as is required per the Constitution per the intent of our founders and framers of the Constitution and the meaning of the term “natural born Citizen” to Constitutional standards. The requirement to be “natural born Citizen” at birth is a national security issue since the President is the commander of our military. That is why the clause was put into the Constitution in the first place. Obama is not a “natural born Citizen” of the USA and is an illegal President and Commander-in-Chief and is a national security risk to this nation.
The next expected activity in the Kerchner v Obama & Congress lawsuit is for the Defendants’ to file their Opposition Brief. The Defendants previously had filed for an extension for more time to file their Opposition Brief, which the court had previously granted. As has been typical, the Obama side continues to stall and delay and obfuscate. They absolutely do not wish this case tried in court on the merits as Obama is NOT a “natural born Citizen” of the USA and that would be easily proven in a Court of law with discovery and presentation of the historical and legal evidence as to what the term “natural born Citizen” meant to the founders and in four U.S. Supreme Court cases.
In the end the truth will be told. It’s only a matter of time and the truth will come out. Obama’s hidden and sealed documents of his early live will be revealed, and he will either resign or be constitutionally removed from the office he illegally sits in. Obama has created a Constitutional Crisis of historic proportions. But We the People will resolve it. History will record Putative President Obama as a disgraceful moment in the history of our great Republic and put a gigantic asterisk after his name. But we will survive it. Our Constitution and We the People will win the day and protect our freedom and liberty for our children, grandchildren, and are great-grandchildren to come. Obama the illegal President will be removed.
Charles F. Kerchner, Jr.
Commander USNR (Retired)
Lead Plaintiff
Kerchner v Obama & Congress http://www.protectourliberty.org
####
Citizen WElls 
Kerchner v Obama and Congress, Update, March 24, 2010, Charles Kerchner comments on Appellant’s Reply Brief, Mario Apuzzo attorney
Kerchner v Obama and Congress, Update, March 24, 2010, Charles Kerchner comments
From Charles Kerchner, lead plaintiff in Kerchner v Obama and Congress.
“For immediate release – 23 March 2010
Commander Kerchner’s comments on the Appellant’s Reply Brief filed today by Atty Apuzzo in the Kerchner v Obama & Congress Lawsuit Appeal
By now many of you have likely had time to read Attorney Mario Apuzzo’s outstanding Appellant’s Reply Brief filed today with the U.S. 3rd Circuit Court of Appeals in Philadelphia PA. The closing two paragraphs sum up the issues and consequences and the duty of the federal court’s role in resolving the core constitutional legal question of this lawsuit very well. Imo, Atty Apuzzo’s words will live in history. The federal courts must take this case or our Constitutional Republic is doomed and on its way to the scrap heaps of history.
Atty Apuzzo writes on pages 29 & 30:
—————————————-
“The Supreme Court has warned us what can happen to our republic if its government does not observe the laws of the land. United States v. Olmstead, 277 U.S. 438 (1928). A finding of no jurisdiction will mean that we as a nation accept usurpation and tyranny by a small group of individuals who can act in concert and gain control of both parties and overthrow the constitutional order of our Republic and that citizens of the United States such as the plaintiffs, whose life, liberty, safety, security, tranquility, and property are threatened by such a plan and action, do not have any due process to protect themselves through a legal action in which they ask the judicial branch of government to protect them by enforcing the Constitution.
Judicial review is absolutely necessary when the other two branches of government act in a concerted way to subvert and ignore the Constitution’s requirements defining eligibility standards for the most powerful office of the land, the President and Commander in Chief of the Military. This power balance is important to the survival of our Republic and our Constitution. Plaintiffs’ case goes to the very core of our Constitution, the fundamental law of our land, and whether ultimately our legal system truly means anything when it comes to controversial but critical constitutional issues. For the Court to grant plaintiffs standing, find no violation of the political question doctrine, and rule that it has jurisdiction over plaintiffs claims will do no harm to the role that the judiciary plays in our Constitutional Republic but will rather confirm that elections in America must adhere to the rule of law.”
—————————————–
Bravo-Zulu Mario! You have done your job well. In your various briefs you have given the courts the facts and correctly cited the laws of our nation, including the Constitution which is the fundamental law of the land. The decision is now in the hands of the Appellate Court. They must now do their duty in our constitutional system of checks and balances and use their judicial review powers granted to them by We the People in the Constitution, and confirmed by the great Chief Justice John Marshall, to prevent usurpation of power by the other two branches. May they look for guidance to God, the Declaration of Independence, the Constitution, the Federalist Papers, and the U.S. Supreme Court decisions you cited in your Appellant’s Opening Brief and other briefs, and then do the correct thing per their oath “… to support and defend the Constitution of our United States against all enemies foreign and domestic … so help me God”, and remand the case back to the District Court for a trial on the merits so we can learn before the bar of a court of law the true legal identity of Obama and reveal what he has been hiding from the American people, that he is not an Article II “natural born Citizen” to constitutional standards. And in doing so, We the People will remove the Usurper from the Oval Office.
If you have not read the entire Reply Brief you can read it here:
Kerchner v Obama & Congress – Appellant’s Reply Brief – Filed 23 Mar 2010 – U.S. 3rd Circuit Court of Appeals – Philadelphia PA
http://www.scribd.com/doc/28779811/Kerchner-v-Obama-Congress-Appeal-Appellant-s-Reply-Brief-filed-23-Mar-2010
May God Bless and Save America,
Charles Kerchner
Commander USNR (Retired)
Lead Plaintiff
Kerchner v Obama & Congress
http:www.protectourliberty.org
http://puzo1.blogspot.com
####”
406 Comments
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Tagged 2010, Charles Kerchner comments on Appellant's Reply Brief, Kerchner V Obama and Congress, March 24, Mario Apuzzo attorney, update