Tag Archives: Duty to interpret Constitution

Kerchner v Obama, Supreme Court fails, Duty as checks and balances, Duty to interpret Constitution, Duty to uphold Constitution, Marbury v Madison

Kerchner v Obama, Supreme Court fails, Duty as checks and balances, Duty to interpret Constitution, Duty to uphold Constitution, Marbury v Madison

“Why has Obama, for over 2 years, employed numerous private and government attorneys to avoid presenting a legitimate birth certificate and college records?”…Citizen Wells and millions of concerned Americans

“It is emphatically the province and duty of the judicial
department to say what the law is. Those who apply the rule to
particular cases, must of necessity expound and interpret that
rule. If two laws conflict with each other, the courts must
decide on the operation of each.”

“If then the courts are to regard the constitution; and the
constitution is superior to any ordinary act of the legislature;
the constitution, and not such ordinary act, must govern the
case to which they both apply.”
“The judicial power of the United States is extended to all
cases arising under the constitution. Could it be the intention
of those who gave this power, to say that, in using it, the
constitution should not be looked into? That a case arising
under the constitution should be decided without examining the
instrument under which it arises?  This is too extravagant to
be maintained.”

“Why does a judge swear to discharge his duties agreeably to the
constitution of the United States, if that constitution forms no
rule for his government? if it is closed upon him, and cannot be
inspected by him?”… Marbury versus Madison

The US Supreme Court has denied the petition for writ of certiorari in Kerchner v Obama.

“(ORDER LIST: 562 U.S.)
MONDAY, NOVEMBER 29, 2010
CERTIORARI”
“CERTIORARI DENIED”
“10-446
KERCHNER, CHARLES, ET AL. V. OBAMA, PRESIDENT OF U.S., ET AL.
The motion of Western Center for Journalism for leave to
file a brief as amicus curiae is granted. The petition for a
writ of certiorari is denied.”

http://www.supremecourt.gov/orders/courtorders/112910zor.pdf

The two main reasons for the existence of the US Supreme Court are as follows:

1. Serve as checks and balances for the other two branches of government . Executive and Legislative.

2. Interpret the US Constitution.

Once again they have failed to do their duty and they should be impeached.

Irrespective of any birth certificate issues surrounding Obama, and those are enough to warrant involvement from the Supreme Court, Obama is clearly not a Natural Born Citizen and the justices know it. They are avoiding the Obama eligibility issues for some reason and should be removed from the court.

For those on the far left, those still in denial, or those incapable of rational thought, the decision to deny the petition is not a ruling on the Kerchner v Obama or any other eligibility case. The justices do not have to give a reason and have not done so. They have simply chosen the coward’s way out. I quoted Marbury v Madison again for a reason.

The swearing in of Obama by Chief Justice Roberts and the difficulty in  stating the oath and the subsequent reswearing in are unprecedented in my lifetime.

The oath: “I do solemnly swear (or affirm) that I will faithfully execute the Office of President of the United States, and will to the best of my Ability, preserve, protect and defend the Constitution of the United States.”

CNN has covered the Supreme Court denial.
“The Supreme Court has again cast aside an appeal that raised doubts about President Barack Obama’s U.S. citizenship, a grass-roots legal issue that has gained little legal or political footing, but continues to persist in the courts.

The justices without comment Monday rejected a challenge from Charles Kerchner Jr., a Pennsylvania man who sought a trial in federal court forcing the president to produce documents regarding his birth and citizenship.

Kerchner’s attorney, Mario Apuzzo, had argued in a petition with the Supreme Court that Obama did not fit the definition of a “natural-born citizen” required for the nation’s highest office, as defined by Article II, Section 1 of the Constitution.

That clause 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.””

“State birth certificate records show he was born August 4, 1961, in Honolulu, Hawaii. His mother is a native of Kansas; his father was born in Kenya, which at the time was a British colony.”
“Obama and his staff produced copies of his birth certificate when he was running for president in 2008”

Read more:

http://www.cnn.com/2010/POLITICS/11/29/scotus.birther.appeal/

There is no corroboration of the following:

“State birth certificate records show he was born August 4, 1961, in Honolulu, Hawaii.”

The following is an outright lie and CNN knows it.

“Obama and his staff produced copies of his birth certificate when he was running for president in 2008”

From an honest journalist who once worked at CNN.

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