WASHINGTON – Is this the case that will break the presidential eligibility question wide open?

The Supreme Court conferred today on whether arguments should be heard on the merits of Kerchner v. Obama, a case challenging whether President Barack Obama is qualified to serve as president because he may not be a "natural-born citizen" as required by Article II, Section 1, Clause 5 of the U.S. Constitution.

Unlike other eligibility cases that have reached the Supreme Court, Kerchner vs. Obama focuses on the "Vattel theory," which argues that the writers of the Constitution believed the term "natural-born citizen" to mean a person born in the United States to parents who were both American citizens.

"This case is unprecedented," said Mario Apuzzo, the attorney bringing the suit. "I believe we presented an ironclad case. We've shown standing, and we've shown the importance of the issue for the Supreme Court. There's nothing standing in their way to grant us a writ of certiorari."

If the Supreme Court decides to grant the "writ of certiorari," it may direct a federal trial court in New Jersey to hear the merits of the case, or it may choose to hear the merits itself. The court's decision on the writ could be announced as early as Wednesday.


If any court hears the merits of the case, Apuzzo says it will mark the "death knell" for Obama's legitimacy.

"Given my research of what a natural-born citizen is, he cannot be a natural-born citizen so it's a death knell to his legitimacy. What happens on a practical level, how our political institutions would work that out, is something else," Apuzzo told WND.



Apuzzo observed it is "undisputed fact" that Obama's father was a British subject.

A hearing on the merits "is also a death knell because it would allow discovery so we would be able to ask him for his birth certificate, and we don't know what that would show," according to Apuzzo. "We might not even get to the question of defining 'natural-born citizen.' If he was not born in the U.S., he'd be undocumented, because he's never been naturalized. We don't even know what his citizenship status is. Hawaii has said they have his records, but that's hearsay. We have not seen the root documents."

Another attorney who has brought Obama eligibility cases to the Supreme Court, Philip Berg, agrees that discovery would sink Obama's presidency.

"If one court had guts enough to deal with this and allow discovery, Obama would be out of office," Berg told WND. "We would ask for a lift of Obama's ban on all of his documents. The last official report said Obama has spent $1.6 million in legal fees [keeping his papers secret], and the total is probably over $2 million now. You don't spend that kind of money unless there's something to hide, and I believe the reason he's hiding this is because he was not born in the United States."

"The Supreme Court has never decided to hear the merits of an eligibility case," Berg added. "If the Supreme Court would decide to hear a case, Obama would be out of office instantly. If Congress decided to hear a case, Obama would be out of office."

"They're taking a different approach, arguing that both parents must be citizens," Berg noted.

Apuzzo is arguing the "Vattel theory," which asserts that the term "natural-born citizen" as used in the Constitution was defined by French writer Emer de Vattel. Vattel, whose work, "The Law of Nations," was widely known and respected by the founding fathers, used the term to mean an individual born of two citizens.

According to Apuzzo, Congress and the courts have addressed the question of who can be an American citizen, for example regarding former slaves, Asian immigrants, and American Indians. However, the term "natural-born citizen" has never been altered.

"The courts and Congress have never changed the definition," said Apuzzo. "The founding fathers understood that the commander-in-chief of the armed forces needed to have two American citizens as parents so that American values would be imparted to him."

Apuzzo said the Supreme Court had clearly accepted Vattel's definition of "natural-born citizen" in "dicta," or statements made in opinions on cases addressing other matters. He cited Supreme Court Chief Justice John Marshall's opinion in the 1814 "Venus" case, in which Marshall endorses Vattel's definition.

Apuzzo also cites the writings of founding father David Ramsay, an influential South Carolina physician and historian who used similar language to Vattel.

Previous cases challenging Obama's eligibility have all been rejected on technical grounds. Numerous courts have decided that the plaintiffs do not have "standing" to bring a suit against Obama because they have failed to prove they are directly injured by his occupation of the Oval Office.

"To me that's false," said Berg. "The 10th Amendment refers to 'we the people.' If the people can't challenge the president's constitutionality, that would be ridiculous."

"My clients have a right to protection from an illegitimately sitting president," said Apuzzo. "Every decision he makes affects the life, property, and welfare of my clients."

Apuzzo said the founding fathers had good reason to require the president to be a natural-born citizen.

"They were making sure the President had the values from being reared from a child in the American system, and thereby would preserve everybody's life, liberty and property in the process.

"They made that decision, so my clients have every right to expect the president to be a natural-born citizen. It goes to all your basic rights, every right that is inalienable. The president has to be a natural-born citizen."

__________________
Junqueyardjim
Christianity, if false, is of no importance, and if true, of infinite importance. The only thing it cannot be is moderately important. C.S. Lewis



1983 Mercedes W123 240D 4 Speed 285,000 on the road with a 617 turbo, beautiful butter yellow, license plate # 83 240D INDIANA

2003 Jaguar Type X, AWD. beautiful, good mileage,
Mom's car, but I won't let her drive it!

*facepalm*

__________________
TC
Current stable:
- 2004 Mazda RALLYWANKEL
- 2007 Saturn sky redline
- 2004 Explorer...under surgery.

Past: 135i, GTI, 300E, 300SD, 300SD, Stealth

Not intended at anyone or anyones opinions or beliefs.

Attached Thumbnails

 

__________________
1989 300E 144K

I am pretty sure natural born means human and not hatched from a pod!

__________________
[SIGPIC] Diesel loving autocrossing grandpa Architect. 08 Dodge 3/4 ton with Cummins & six speed; I have had about 35 benzes. I have a 39 Studebaker Coupe Express pickup in which I have had installed a 617 turbo and a five speed manual.[SIGPIC]

..I also have a 427 Cobra replica with an aluminum chassis.

So, BO has his hand picked Attorney General, a couple of his own appointees on the SC and the vast majority of the US citizenry believing that he's the second coming and you think that THIS will go anywhere? Yeah, when pigs fly.

well, according to some folks on the other thread, obama is a clone of hitler. (hope that clears it up for you )

__________________
"The law, in its majestic equality, forbids the rich as well as the poor to sleep under bridges, to beg in the streets, and to steal bread."

LOL, is this nonsense still around?

Ya, it's still hanging around. Maybe it will go someplace this time. Hope so!

__________________
Junqueyardjim
Christianity, if false, is of no importance, and if true, of infinite importance. The only thing it cannot be is moderately important. C.S. Lewis



1983 Mercedes W123 240D 4 Speed 285,000 on the road with a 617 turbo, beautiful butter yellow, license plate # 83 240D INDIANA

2003 Jaguar Type X, AWD. beautiful, good mileage,
Mom's car, but I won't let her drive it!

Hopefully the SC will refuse to entertain it, and it will go away for good this time. It's not like the US doesn't have any real issues to worry about. Isn't it a little early for the 2012 presidential campaign?

is orly taitz on the job? (one hopes.)

__________________
"The law, in its majestic equality, forbids the rich as well as the poor to sleep under bridges, to beg in the streets, and to steal bread."

Only amongst the nut job and wacko crowd.

__________________
Question Authority before it Questions you.

So let me get this right. His mother is and was a US Citizen which has been proven 1000 times over. And according to naturalization laws, the person to be president MUST be born as a US Citizen.
Which means that they are either born IN the US to a citizen OR not and thus upon birth, being born on US soil, the mother can choose her own citizenship or US. OR they are born outside the US to a US citizen and again the mother can choose.

So, in short, they must be born on US soil OR they must be born of a US citizen.

So if he was NOT born on US soil, Obama would still be a US citizen upon birth so chosen by mom. Or if born in Hawaii, all good.

So place of birth is clearly, in the letter of the law, a non-issue. So then lets move onto mom. Oh wait, US citizen. Ok, not an issue there... hmmmmm

Oh I get it, this idiot want the law changed to be Obama NOT eligible. Nice. Too late, already elected.

By they way, McCain was NOT born within the 50 states or DC. So why did no one question his "naturalization"?

__________________
1991 560 SEL / 185k miles
1992 750il / 17k miles - project car

These are the same type of clowns who had half the trailer park residents in the US convinced he was a muslim. This nonsense will get worse as the 2012 election gets closer. The unfortunate part is that there are actually real issues to be discussed and this type of noise just gets in the way.

Why? I'd rather they view it out and declare one way or the other. That way, if you refuse to accept it, you have to refuse any and every SC decision. This is like in 2000. SC ruled one way and that was it. Of course, there will be some people who will pick and choose which SC ruling to accept and which to reject but that is life.

__________________
01 Ford Excursion Powerstroke
99 E300 Turbodiesel
91 Vette with 383 motor
05 Polaris Sportsman 800 EFI
06 Polaris Sportsman 500 EFI
03 SeaDoo GTX SC Red
03 SeaDoo GTX SC Yellow
04 Tailgator 21 ft Toy Hauler
11 Harley Davidson 883 SuperLow

^ I agree. I would like this to go to SC. That way its finally airing the dirty laundry. I am certain that it would rule in favor of the current presidency.

Because for one fact. Our country is a melting pot and there are MANY political figures with parents born outside the US. Or figures themselves not born on US soil.

Heck, I think Jackson's parents were both born in Europe. Another too I can not think of. If this were to pass then those past presidencies should go unrecognized?

__________________
1991 560 SEL / 185k miles
1992 750il / 17k miles - project car