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Friday, November 5, 2010

Of Trees and Plants and Basic Logic: Trees are plants but not all plants are trees. Likewise, "natural born Citizens" are "Citizens at Birth" but not all "Citizens at Birth" are "natural born Citizens"!

Citizen at Birth (CAB) does NOT identically equal Natural Born Citizen (NBC) at Birth.

Obama is NOT a Natural Born Citizen of the USA.

by: Charles Kerchner, Commander USNR (Retired)

While a natural born Citizen is obviously a Citizen at birth, not all Citizens at birth are natural born Citizens at birth. The two legal terms of art are not identical and are not equal. All "natural born Citizens" are Citizens at birth but not all Citizens are "natural born Citizens" at birth. If you cannot grasp that logic concept then try this analogy, "all trees are plants but not all plants are trees".

There are five types of Citizenship mentioned in the U.S. Constitution. All Citizens have equal rights as a member of the society but not all Citizens have the privilege and legal eligibility requirements to be the President and Commander in Chief of the Military under Article II of our Constitution, the fundamental law of our nation.

There is absolutely nothing in that U.S. Statute, USC Title 8 Section 1401 that addresses "natural born Citizenship". The law addresses basic "Citizenship at Birth", i.e., who is a "Citizen by Birth", (which is needed under various situations and conditions of a child's birth spelled out in Section 1401) which requires such a man-made act of law to grant the Citizenship by an act of Congress, i.e., naturalized at birth by act of Congress. USC 1401 does not grant “natural born Citizenship" to anyone. Natural born Citizens do not need man-made laws to grant them Citizenship. The facts of nature of their birth do that. The legal term of art “natural born Citizen” is not even mentioned in that law. USC Title 8 Section 1401 only determines by law who is a “Citizen” or a “National” of the U.S. at birth, i.e., a basic "Citizen at birth", i.e., a person entitled to the rights and privileges of membership in the society of our nation under our Constitution, the supreme and fundamental law of our nation. The Section 1401 law is a naturalization law which grants citizenship by law, not by nature. The legal term of art “Citizen at birth” is not the same legally as the legal term of art “natural born Citizen”. Simply note that in one case we are talking about who is at least an ordinary, basic “Citizen” at birth with no adjectives in front of the word Citizen, and in the other case we have two very important adjectives placed in front of the word Citizen by the framers of the Constitution, i.e., “natural born” Citizen. Since that term was used in the Constitution only once in Article II for singular most powerful office in our new federal government, the framers intended that it have special meaning. And the source of that meaning is written down and well known by legal scholars. That specific type of citizenship and "legal term of art" natural born Citizen was codified by Vattel in his legal treatise "The Law of Nations and Principles of Natural Law", published in 1758, in which he said that ... a natural born citizen is a person born in the country to parents who are both citizens of the country. And this group or class of citizens are the most populous group of any nation. They do not need statutory law to be considered Citizens of the nation. Nature and the facts of their birth in the country to two Citizen parents granted that to them, not Congress.

Most citizens of the USA are natural born citizens. Most citizens of the USA were born in the USA to two parents who were citizens of the USA. And that is the pool of citizens that must be chosen from for the singular most powerful office in our nation, the President and Commander-in-Chief of our military. Simple citizenship at birth by being born in the USA without regard to the citizenship status of both your parents ... or by naturalization and swearing an oath to this country and renouncing all allegiances foreign kings, princes, and potentates later as an adult, is adequate for the offices of Senator, Representative, or a Governor of a state. But it is not sufficient to be the President under Article II, to Constitutional standards. Article II requires that the person to be eligible to be President must be a "natural born Citizen". And that means that person must be born in the USA ... AND ... both his parents must be citizens of the USA.

Natural born citizenship status in a nation is granted by the facts of nature of your birth. No law or statute is necessary to grant it. The nations can make any law they wish to make a person a citizen at birth or later. But natural born citizenship can only be conveyed by nature by the facts at birth of the child. If you are born in the country of two citizen parents you are "naturally" ... a "natural born Citizen" … a citizen too … but a specific kind of citizen who is eligible to be the President and Commander-in-Chief of our military since the child when born has sole allegiance to this country and there is no claim on him/her by a foreign country or power as to their citizenship at birth by that country too. Natural born Citizens have unity of citizenship at birth. A natural born Citizen is NOT a dual citizen at birth. A natural born Citizen has no divided loyalty issues by his birth since the child was born in the country to two citizens of the country.

See this chart showing the five types of citizenship mentioned in the U.S Constitution:

And "natural born Citizens" are not rare in the USA. The "natural born Citizens" are by far the most populous group in the nation. And it from this group, under Article II of our Constitution, we are to choose our President and Commander-in-Chief, the group with sole allegiance at birth to the USA and only the USA, not someone who has foreign and/or dual citizenship and divided loyalties at and by birth.

Obama's father was not a citizen of the USA, nor was he an immigrant to the USA, nor was he even a permanent resident of the USA. Obama when born in 1961 was a British Subject via his British Subject father, per the British Nationality Act of 1948 which governed the status of children born to British Subjects. Obama thus was born with dual citizenship and allegiances and a foreign claim on his allegiance. Obama is not a natural born citizen of the USA and he is not eligible to be the President under Article II of our U.S. Constitution. He is a Usurper.

Of Trees and Plants and Basic Logic:  Trees are plants but not all plants are trees. Likewise, "natural born Citizens" are "Citizens at Birth" but not all "Citizens at Birth" are "natural born Citizens"!  Obama is NOT a "natural born Citizen" of the United States!

Charles F. Kerchner, Jr.
Commander USNR (Retired)
Lead Plaintiff
Kerchner et al vs Obama & Congress et al
Help the Cause:

Previous reports regarding Kerchner v Obama/Congress/Pelosi can be found here. Visit the Birther Vault for the long list of evidence and people questioning Obama's eligibility; [].
Kerchner v Obama Petition for Writ of Cert Docketed with Supreme Court-25Oct10 issue Wash Times Wkly


  1. That pretty much sums it up. Obama the fraudster is not qualified to be president. Time for his butt to be removed and all his acts be deemed null and void. Will the new congress have the guts to face the music?

  2. The pressure must be put on the incoming Congresscritters to hold hearings on the issue and subpoena all of the records Obama is keeping from the American people. He works for us. Time for action is now.


  4. Thank you Cdr Kerchner for all you are doing. Words can't express the gratitude. You're a true patriot.

  5. I have noticed the OBOT blogs have been pretty quite since, as Obama put it, the "shellacking" on Tuesday. They must be pretty nervous about what is on the horizon now that the Republicans have subpoena power. I hope they lose sleep!

  6. Do conservatives EVER *NOT* lie?
    This whole "Obama is spending 200 million a day and bringing 34 warships has been PROVEN to be a hoax and EVERY ONE OF YOU evil conservatives have been spreading that lie, including your represenatives.
    This country wont be OK or safe until we wipe you evil pigs off the face of this planet. Oh God I cant wait for civil war, I really cant wait.

  7. Do obots EVER *NOT* lie?

    It was the the media in India that FIRST reported that, not Conservatives.


    By the way, you never responded to the last time you came here spewing BS LIES... Cat got your tongue?

    How does that "shellacking" feel? Guess who has subpoena power?

    As for "civil war"... YOU'RE OUTNUMBERED! Funny how the only people inciting violence is you delusional obots!

  8. I never said it WASN'T the guy in India who reported the lie. It was an ANONYMOUS guy in India -- so you have dozens of conservative leaders repeating UNVERIFIED information slandering and Embarrassing the president of the United States which these conservatives got from an UNVERIFIED FOREIGN SOURCE!! That is TREASON and should be punishable by DEATH !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!


    Note; America does not have a president at this time. Just a treasonous USURPER!

  10. "That is TREASON and should be punishable by DEATH !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!"

    I agree 100%... Obama should be sent to Gitmo to await his capital punishment.

  11. Ok I'm going to take this down a notch, even though I honestly HATE people like you with a passion, I just wonder if you have any common sense.


    You have Rush, Beck, Savage, and other media "pundits" and even congresswoman Bachman slandering the president based on an ANONYMOUS UNVERIFIED foreign source __ and you think that kind of dishonesty is OK?

    It's the same type of repeated dishonesty that drives your whole birther movement. You have been debunked time and time again; yet you keep spreading the same lies.

    I believe liars are disgusting anyway - but people who lie constantly about the leaders of their own country, that's unforgivable. You people have done a great wrong to this president and I do honestly believe you'll end up paying for it one way or the other. If not on earth, in hell.

  12. LMAO...

    Obama himself is a UNVERIFIED FOREIGN SOURCE...

    By the way; why are you bringing this story up here? I didn't post a report at this blog regarding the 200 million...

    You delusional obot!

  13. been reading the postemail and keeping up with the Fitzpatrick situation, as I know you have: It strikes me as VERY odd how you and your fellow conservatives have been treating this story.

    First of all, you call this yet another "Obama conspiracy" Yet the odd thing is, Monroe County TN is deeply conservative and the leadership there/including the Sheriff, etc are fellow conservatives who are just following the law as it is on the books - yet you are expressing such hate and contempt for them. You have Walter who does things HIS WAY or the HIGHWAY - so to speak . who probably wasn't listening to his council (Steven Pidgeon; who, btw, is one of the FIRST attorneys to file lawsuit against Obama re: eligibility) --- So this man decided to withdrawl from his client for any number of reasons and ALREADY, WITHOUT ANY EVIDENCE dozens of birthers are calling for his beheading (literally) . Do you think that's right?

    Furthermore, you birthers are constantly showing your BLATENT dishonesty on this issue . Do a little research man ; Look up articles on the Postemail from right before Walter's arrest - Walter had just posted an article saying he WOULDN'T GO TO COURT any more and he'll fight tooth and nail if they try to force him ; he also said in this article that he probably has a warrant out for his arrest ... Now fast forward to Sharon's article AFTER his arrest : She's pushing the narrative that HE DIDN'T KNOW HE WAS DUE IN COURT, that they DIDN'T LET HIM KNOW. That's an obvious lie -- And the reason I'm bringing this up : I just wonder WHY ON GOD'S EARTH DO YOU PEOPLE KEEP FALLING FOR THESE LIES?????

  14. "By the way; why are you bringing this story up here?"

    Honestly? Well, in my previous posts to you - it seems like you attempted to refute my assertions with numerous linked sources -- I like how you atleast attempt to do your homework in that regard; Some people just go purely on hearsay and spread rumors without any type of verification.

  15. I haven't taken a position on Fitzpatrick's case as I haven't followed it closely enough to do such... I do however support Fitzpatrick's position regarding Obama...

    My goal is Obama AKA Soetoro AKA Soebarkah...

    Take your grievance up with the Post & Email...

  16. I brought this "200 million a day" hoax up here because it's yet another instance in a well established pattern among birthers and vicious conservatives when it comes to slandering the president based on unverified or anonymous sources. So you didn't sign up to this particular hoax (we're just going to call a spade a spade) -- But you most certainly have signed on to other similar hoaxes (The whole "Obama spent millions defending birther lawsuits - which has NEVER been verified , it's just a rumor -- By the way, EVERY presidential campaign in recent memory has employed lawyers for the many legal jobs a presidential campaign must cover -- his legal amount was definitely not in the millions and the VERY LAWYERS themselves have personally states that these claims by you birthers were unsubstantiated. Why do you keep spreading this myth???

  17. "The whole "Obama spent millions defending birther lawsuits - which has NEVER been verified , it's just a rumor"

    Bullshit! It is verified via FEC reporting records... His White House Council Bob Bauer was his private attorney that fought numerous eligibility cases. His name is on the damn court filings. They don't do it for free! His law firm received millions from Obama & Gang... Not to mention the countless tax payers dollars now being spent for DoJ attorneys to fight the ongoing eligibility lawsuits against Obama...

    Why not just release the damn records all these suits seek?

  18. You need to understand something here: most every other "obot" as you call them would be totally against the type of militant and angry /hate remarks I've made toward your sort. They are the types of people speaking out against violence and hate speech (For instance, Patrick at Badfiction CONSTANTLY makes an example of conservatives calling for violence and has called me out for my own rhetoric in the past ) .. I just see the constant lies upon lies and hate speech toward me or anyone who voted for Obama -- Look up Hal Turner for an early example of what started the seeds of early hate I've developed toward your kind: This FELLOW BIRTHER of yours called for MASS MURDER of anyone attending Obama's inauguration .. The man is in Jail now for threatening the lives of Judges and I know you would just discount him as some lone insane voice -- but you don't get it: If you had looked at this guys comment section, he had HUNDREDS of vocal supporters and they were also BIRTHERS and claimed to be conservatives!!? .. Before I ever made any comments like that on Atlas Shrugs I was seeing all the time similar comments from conservatives all over the web calling for death to obama supporters, etc ...

    Hate is a dirty game though, you mess with shit you get it on you .. I almost don't feel right going down that path and saying some of the things I have but I do feel somewhat justified given the circumstances.

    You know something though , some of the outrageous things I said (on here even) I didn't really even believe, I was just trying to provoke and showing the level of hate that I have for your side. I believe that many of your people expressing some of the same type of hate are doing the same thing, just trying to provoke ...
    Sometimes I'm just so utterly disgusted with the things that go on that I think, TO F WITH IT - Civil war would be best just to clean out the bad blood on both sides... That would be suicidal for this country though -- This country and it's people (stop placing the blame on just the top - it's all sides and regular people too) are on such a self destructive downward spiral, where does it end?

  19. Two wrongs don't make a right...

    Just so you know, I have never advocated violence at this blog... I seek justice through legal means...

    There are nuts and racists in every group...



  21. traitor? What am I a traitor to? I'm a sovereign citizen. I serve no one but myself and my family.

  22. I'm having a hard time understanding that "traitor" thing. I didn't ask to be born here. I just am. I live here and no human or mythical flag is my king. I am not a lemming like you guys.


“As long as I am an American citizen and American blood runs in these veins I shall hold myself at liberty to speak, to write, and to publish whatever I please on any subject.” - Elijah Parish Lovejoy(1802-1837)

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