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Friday, November 19, 2010

 Ineligible and Unconstitutionally Elected & Seated State & Federal Officials Can and Have Been Removed.
A Popular Election Does Not Trump or Amend the Constitution
by: CDR Charles Kerchner (Ret)

Obama is NOT Article II constitutionally eligible to be the President and Commander of our military. Obama is NOT a "natural born Citizen" to constitutional standards. Obama's father was NOT a U.S. Citizen. Obama's father was not an immigrant to the United States. Obama's father was a foreign national, a British Subject. Obama is the child of an alien father who was sojourning in the U.S. attending college. Obama was born a British Subject via his father and is still such to this day. Obama has never conclusively proved he was born in Hawaii. Obama's paternal family in Kenya, Kenyan government officials, and newspapers in Kenya say he was born in Kenya. Obama's maternal grandmother likely falsely and illegally registered him as born in Hawaii to get him, her new foreign-born grandson, U.S. Citizenship.

History shows us that a popularly elected, but ineligible, chief executive in the executive branch of a government can be legally and constitutionally removed from office, e.g., Governor Thomas H. Moodie of North Dakota was a prime example. After he was sworn in and serving as Governor, the North Dakota State Supreme Court ordered Governor Moodie removed from office, after it was determined that he was constitutionally and legally ineligible to serve in the office to which he was popularly elected.
http://history.nd.gov/exhibits/governors/governors19.html

Also, two U.S. Senators although popularly elected and sworn in to the U.S. Senate were subsequently removed from office after it was learned that they were NOT constitutionally eligible when they were elected.

Albert Gallatin [U.S. Senator seating unconstitutional and annulled]: http://en.wikipedia.org/wiki/Albert_Gallatin

James Shields [U.S. Senator seating unconstitutional and annulled]: http://en.wikipedia.org/wiki/James_Shields

Thus it is very clear that winning a popular election does not trump, amend, or nullify the constitution of a state or the U.S. federal constitution. Obama is not constitutionally eligible to be the President and Command in Chief of the military and should be removed from office and his election, confirmation, and swearing in annulled.

Charles F. Kerchner, Jr., Commander USNR (Retired)
Lead Plaintiff, Kerchner v Obama & Congress
Please if you can, visit this site and help the cause:
http://www.protectourliberty.org/
http://puzo1.blogspot.com
####

Attorney Mario Apuzzo and Commander Charles Kerchner were guests on the Revolution Radio Show hosted by Dr. Kate on November 17th. Interview at Source.

New Washington Times Eligibility Ad; Atty Apuzzo & Plaintiff Nelsen were guests on the Howie Mandel Show to Discuss Kerchner v Obama et al. Interview at Source.

YouTube: Attorney Mario Apuzzo & Commander Charles Kerchner Discuss Their Obama Eligibility Case at Supreme Court on Les Naiman Radio Show. Part 1 embedded below, rest at Source.

Atty Apuzzo & CDR Kerchner were guests on the Howie Mandel Radio Show hosted by Jim 'Howie' Mandel - Tues 09 Nov 2010, 4:00 p.m. EST. Interview at Source.

Visit the Birther Vault for the long list of evidence against Hawaii officials and all of the people questioning Obama's eligibility; [http://obamareleaseyourrecords.blogspot.com/2010/08/video-ltc-terry-lakins-attorney-on-cnn.html].


Kerchner v Obama/Congress/Pelosi - Petition for Writ of Certiorari filed with the U.S. Supreme Court - 9/30...
Kerchner v Obama/Congress/Pelosi - Amicus Curiae Brief Filed by the Western Center for Journalism to Suppor...
Kerchner v Obama Petition Scheduled for Conference at Supreme Court-15Nov2010 Wash Times Natl Wkly

33 comments:

  1. BORN A BRIT NOT LEGIT !!! YES WE CAN!!!

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  2. That should be enough precedent, should it not?

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  3. And the Obamatards say that Obama can't be touched because he was freely elected. I wonder how they will spin this one?

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  4. November 23, 2010 marks a fork in the road for the future of America of more than historic proportions — perhaps on par with events leading to the Civil War. To date, virtually all federal and state courts where actions have been brought seeking decision on the meaning of the Constitution’s Article 2 “natural born citizen” clause as a prerequisite for Barack Obama to be a lawful President and Commander in Chief of the United States (Mr. Obama having been born to a father of British/Kenyan nationality and father not a citizen of the United States), have been shut down, never getting beyond the issue of standing. To date, courts have very strategically (narrowly if not artfully) characterized and applied law and legal procedure steadfastly to prevent the question from ever rising to the merits — this on a host of different types and classes of plaintiffs, causes and defendants — admittedly under the most intensely implicit (if not more) pressure to do the same.

    The national media (some say our 4th branch of government) has aided and abetted the avoidance by mischaracterizing this as a “Hawaii birth” a/k/a “birther” issue which is nothing more than a “red herring” in that the issue for Article 2 “natural born citizen” is Mr. Obama’s father. Moreover, the legal community has aided and abetted the avoidance by mischaracterizing the 1898 Supreme Court Case, Wong Kim Arc, which dealt with the meaning of “citizenship”, not the meaning of “natural born citizen” under Article 2.

    November 23, 2010 may very well be the last chance for the Judicial Branch realistically to take up the issue, this on a case of legal standing solidly presented by Attorney Apuzzo and Commander Kerchener. If the Court finds no standing here, by a narrow interpretation of the same or otherwise, coming after all the rest of the “no standing” cases, it is doubtfull this important Constitutional issue can and will be resolved in any court of law. The question will nevertheless continue to fester, at tremendous national cost, never to abate, potentially to reach crisis stage, and in any event to undermine the structure of our Constitutional Republic.

    It is more than chilling and says volumes that NOT ONE member of Congress will publicly speak on this or, better yet, since the Congress of the United States has more than a vested interest, opine if not as a “friend of the court” at the Supreme Court, in the court of public opinion — BEFORE the Supreme Court convenes on November 23, 2010.

    The world is (should be) watching!

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  5. oh we are watching we are watching....

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  6. I'm watching and so is every one I know. Thee new Congress only has so much time-before they had better address this. I somehow feel we will all be in for a pleasant surprise!

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  7. Show me the records that are closed buy executive order from the President.

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  8. The Supreme Court has the right to see this President does not get away from lieing to the puplic or to the Senate or Congress. Because if he did lie to our Government, He should be Impeach right away. Or the Court is not doing there Job.

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  9. The Judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish. The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behaviour. and shall, at stated Times, receive for their Services, a Compensation, which shall not be diminished during their Continuance in Office/ ArticleIII.

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  10. AMENDMENT XI SAYS The Judicial power of the United States shall not be construed to extend to any suit in law or quity, commenced or prosecuted against one of the United State by Citizens of another State, or by Citizens or Subject of any Foreign State.

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  11. Now thats sweet and all.. but we all know not a darn thing is gonna change.

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  12. What a crock of shit. Do even average intelligent people REALLY swallow this stupidity. Is this racism? Is this extreme party line? I don't get it. Has our educational system gone so awry that people haven't been taught to distinquish rumor from reality. Love him or hate him, Obama inherited the biggest mess in our countrys' history ( at least equal to the mess thrown onto F.D.R. ). I am totally apolitical...Feeling ALL politicians are crooks. Yet, I can tell the difference between silliness like this and truth.




    .

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  13. Which stupidity would that be?

    The stupidity of Obama fighting the release of ALL past records with lawyers paid with our tax dollars?

    Which rumor are you speaking of?

    The rumor that Obama's father was never a U.S. Citizen nor an immigrant to the United States!?

    All the info above can be researched very easily. Links are provided to back each position up.

    How about trying to provide facts that refute any of the info above instead of using Alinsky tactics and playing the race card...

    Give us some truth instead of emotion...

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  14. Doesn't only one parent need to be a USA citizen, e.g. BHO's mother? If so, what does it matter that his father was a British subject from Kenya?

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  15. one word impeach i am sitting here watching mr. bush justifing the war in iraq after 9/11 i prefer bush.

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  16. I guess anonymous cant answer the question. Looks like anon has her/his head stuck in the sand like bo's head is. I just hope sooner than later this usurper is caught and all the wrong doings is nulled, including all the stupid charges against AZ. Maybe now they will dismattle the commies in the un.

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  17. THIS IS ABSURD!!!
    IF all this is true, please do not tell me this country's government cannot force Obama to produce a certified birth certificate! Also don't tell me that any congressperson, senator, or any attorney cannot check the PUBLIC RECORDS in Hawaii for the original certified birth certificate. This may be done in ANY state! The original is either there or it is not. If not, Obama is not eligible!
    WHY should any American "donate" his/her hard earned money to pay some lawyer AND why should this go to the supreme court?
    Hawaii is a state and all states are required to keep certified and public records on all births especially since Obama was born!
    I want Obama OUT, did NOT vote for him, but wonder why something this simple requires "donations" to prove or disprove. This is BS!!!!

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  18. SCREW YOUR APPROVAL!!!!

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  19. look where he politically came from
    bolatshich was a crook and the illionis
    political system is the worst there is
    so why anyone would have voted for this
    bogus bozo is beyond me

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  20. [Doesn't only one parent need to be a USA citizen, e.g. BHO's mother? If so, what does it matter that his father was a British subject from Kenya?]

    If Obama was born in Hawaii then under the 14th Amendment Obama would be a "Citizen" of the United States. However, the 14th Amendment of the Constitution did NOT amend or change Article II of the Constitution or what an Article II "natural born Citizen" is... "Citizen" and "natural born Citizen" are not one in the same.

    Now, if Obama were born in Kenya as more evidence suggest then Obama would not even be a "Citizen" of the United States as his Mother was not old enough to confer "Citizen" status to her son. One must go by the law in effect at the time of Obama's birth.

    Obama could have been born on the steps of the U.S. Capital building and he would still not be a "natural born Citizen," a "Citizen" yes, but not a "natural born Citizen" of the United States.

    Representative John Bingham, a principal framer of the 14th Amendment: "[I] find no fault with the introductory clause [S. 61 Bill], which is simply declaratory of what is written in the Constitution, that every human being born within the jurisdiction of the United States of parents not owing allegiance to any foreign sovereignty is, in the language of your Constitution itself, a natural born citizen."

    One of several SCOTUS cases that mention NBC;

    “The Constitution does not, in words, say who shall be natural-born citizens. Resort must be had elsewhere to ascertain that. At common-law, with the nomenclature of which the framers of the Constitution were familiar, it was never doubted that all children born in a country of parents who were its citizens became ...natural-born citizens, as distinguished from aliens or foreigners.” - Minor v. Happerstett - Supreme Court of the United States

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  21. [Also don't tell me that any congressperson, senator, or any attorney cannot check the PUBLIC RECORDS in Hawaii for the original certified birth certificate. This may be done in ANY state! The original is either there or it is not. If not, Obama is not eligible!]

    You would think but that is not the case. Hawaii will not release any records pertaining to Obama without his consent which he refuses to give. Only a court order or a congressional subpoena can unlock his records due to his refusal to release them. Vital records for living person's are not considered "PUBLIC RECORDS"...

    [WHY should any American "donate" his/her hard earned money to pay some lawyer AND why should this go to the supreme court?]

    Attorney Apuzzo[ http://puzo1.blogspot.com/ ] is working the Kerchner v Obama case pro-bono, he does not get paid for the countless hours he's put in his historical research and court filings. The donations that Commander Kerchner seeks are for the expensive Washington Times Ads that he runs almost weekly to help educate and promote the case they have been working through the Courts. Unfortunately, the main stream media does not ever report his case or efforts so he is forced to buy Ads to help make the public aware. He only seeks donations to help keep those ads running.

    View the many Washington Times ads here, which are not cheap to run; http://www.kerchner.com/protectourliberty/archives.htm

    Oh, and it is already at the SCOTUS; http://obamareleaseyourrecords.blogspot.com/2010/11/washington-times-scotus-kerchner-v.html

    http://obamareleaseyourrecords.blogspot.com/2010/11/kerchner-et-al-v-obamacongresspelosi-et.html

    [Hawaii is a state and all states are required to keep certified and public records on all births especially since Obama was born!]

    Yes, you're correct, but again, Obama refuses to give consent to release such records. Hell, for that matter, he's refusing to release ALL past records.

    [I want Obama OUT, did NOT vote for him, but wonder why something this simple requires "donations" to prove or disprove. This is BS!!!!]

    Refer back to my second response above.

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  22. I wouldn't have to moderate the comments if the vile Obots would stop spamming my comment threads with porn and death threats such as the ones at this thread;

    http://obamareleaseyourrecords.blogspot.com/2010/05/obama-guilty-of-at-least-one-felony.html

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  23. If Obama is ineligible under Article 2, and I fully believe he is not eligible, then the Vice-President is equally ineligible to assume the office if Obama is ever legally disqualified. Also, Nancy Pelosi for having aided and abetted the act, and then not fulfilling her constitutional duties by challenging, and then affirming the illegal action. Hillary Clinton for the same reasons as well as being an appointee on illegal premise.
    All others who are legal successors to the post would then be inneligible for the same reasons.
    The only person who could legally fulfill the duty would be someone who was not in a position to legally challenge, who was not an Obama appointee, not a president or vice, a congressman or senator or judge at the time of Obama's affirmation (confirmation of electoral votes).

    The only way or the only one who could legally fill the post is if someone was elected by the house as Speaker of the House, who was not holding any governmental office at the time. Then again, it would have to be by a majority vote of congressmen who were also not holding office at that time, since they also in essense broke the law or were derelict in their constitutional duties.

    This is a mess!

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  24. Yes, a constitutional crisis of monumental proportions!

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  25. None of the laws, executive orders, czar appointments, or any other appointments made by the Muslim-in-Chief are valid. They are null & void, and therefore, no law.

    As for Obama's comments that we must redistribute wealth, a Federal Judge held that his comments can be followed as law. Therefore, if he wants redistribution, then every American that pays (unlawful) taxes, must declare 300 Million dependents/exemptions on their W-2s, W-4s, 1099s, 1040s, etc.

    There is precedent caselaw on this: United States v. Snider, 502 F.2d 645 (4th Cir. 1974)(Fourth Circuit US Court of Appeals held that listing 3 BILLION dependents on his W4 was ruled as proper. Party had right to declare this as a protest under First Amendment).

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  26. Correct me if I am wrong, anyone, but the issue at hand with Obama is that he produced a Hawaiian "certificate of live birth" versus a "birth certificate." Is that correct?

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  27. [Correct me if I am wrong, anyone, but the issue at hand with Obama is that he produced a Hawaiian "certificate of live birth" versus a "birth certificate."]

    Sort of...

    What Obama's campaign posted online was a short-form Certification of Live Birth. What he refuses to release is a long-form Certificate of Live Birth aka birth certificate.

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  28. who takes over as president if he is removed? Joe Biden? ugh! Can we wait until congress is inducted and then have the Speaker take over?
    Nancy Pelosi with more power.... I am not sure what is better.

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  29. If Obama was removed due to being ineligible then all his picks/appointments would be null and void as well as anything he signed into law. Pelosi is just as guilty as she was the one that signed the DNC Certifications saying he was eligible...

    Come Jan. it would be Rep. Boehner next in line...

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  30. There's a petition online calling for impeachment that will send letters to you representatives. You can find it here: http://www.petition2congress.com/2349/petition-to-remove-barack-obama-as-president-united-states-americ/

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  31. Check out this site about Obama's citizenship. http://www.freedomusa.bravehost.com/

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  32. Here is more fuel for the fire. Obama is an illegal usurper. http://www.kendwebber.com/severity1.html

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