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BORN IN THE USA? Appealsbriefs scheduled in Obama eligibility challenge'Welook forward to moving ahead with this very important constitutionalcase'Posted: November 29, 2009 9:17 pm Eastern By Bob Unruh © 2009 WorldNetDaily A briefing schedule has been announcedby the 3rd U.S. Circuit Court of Appeals in a case alleging Congressfailed in its constitutional duties by refusing to investigate theeligibility of Barack Obama to be president, according to an attorney handlingthe challenge. 
WND previously reported on the lawsuit filedby lead plaintiff Charles F. Kerchner Jr. and others against Congress. Attorney Mario Apuzzo filed the action inJanuary on behalf of Kerchner, Lowell T. Patterson, Darrell JamesLenormand and Donald H. Nelson Jr. Named as defendants were BarackHussein Obama II, the U.S., Congress, the Senate, House ofRepresentatives and former Vice President Dick Cheney along with HouseSpeaker Nancy Pelosi. The case focuses on the alleged failure ofCongress to follow the Constitution. That document, the lawsuit states,"provides that Congress must fully qualify the candidate 'elected' bythe Electoral College Electors." The case asserts "when Obama was born hisfather was a British subject/citizen and Obama himself was the same." The Constitution also provides, the lawsuitsays, "If the president- elect shall have failed to qualify, then thevice president elect shall act as president until a president shallhave qualified." See the movie Obama does not want you to see:Own the DVD that probes this unprecedented presidential eligibilitymystery! "There existed significant public doubt andgrievances from plaintiffs and other concerned Americans regardingObama's eligibility to be president and defendants had the sworn dutyto protect and preserve the Constitution and specifically under the20th Amendment, Section 3, a Constitutional obligation to confirmwhether Obama, once the electors elected him, was qualified," the caseexplained. Now the attorney has posted an onlinestatement that the brief on behalf of the appellants is due Jan. 4,2010. In an e-mail announcing the schedule,Kerchner wrote, "We look forward to moving ahead with this veryimportant constitutional case along the legal pathway to the ultimatedecision maker for this historic and precedence setting lawsuit, theU.S. Supreme Court." He continued. "They will determine theanswer to the pressing legal question ofwhat is a 'natural born citizen' of the USA per Article IIconstitutional standards and did Obama and the U.S. Congress violatethe Constitution and statutory laws and my constitutional rights duringthe 2008 election cycle." "I say Obama does not meet the founders andframers intent for the Article II eligibility clause. I say Obama is adeceiver and a usurper," he wrote today. Apuzzo earlier argued in his notice of appealthat the district court judge "avoided" a conclusion on the merits ofthe case. "We allege that Obama has not conclusivelyproven that he was born in Hawaii. More importantly, we also allegethat he is not an Article II 'natural born Citizen' because when Obamawas born his father was a British subject/citizen and Obama himself wasthe same," he wrote. The lawyer saidit is important that the court did not rule Obama was born in Hawaii,nor did it rule that the claim was frivolous. It simply said the case was dismissed becauseof a jurisdiction issue. "By the court finding that plaintiffs do nothave standing and that their claims present a political question, thecourt was able to avoid having to address the underlying merits of theKerchner case. With such a decision, the American people unfortunatelystill do not know where Obama was born and whether he is an Article II'natural born Citizen' and therefore constitutionally eligible to bepresident and commander in chief," the attorney said. "A court cannot refuse to hear a case on themerits merely because it prefers not to due to grave social orpolitical ramifications," he continued. "The court's opinion dismissingthe Kerchner complaint/petition did not address the real Kerchner casebut rather looked for a way to dismiss the case without having to reachthe merits of the question of whether Obama is an Article II 'naturalborn citizen.' "The American people deserve to know whetherObama was in fact born in Hawaii. More importantly, even if he is bornin Hawaii, given that he was born with dual allegiance and citizenship,the American people deserve to know whether he is an Article II'natural born citizen' which would make him eligible to be president,"the attorney said. WND reported earlier whenKerchner publicly argued the courts have an obligation to make adecision on Obama's eligibility. He wrote, "The federal courts and judges arecommitting treason to the Constitution by not taking jurisdiction andgetting to the merits in the various cases before them regarding theArticle II eligibility clause question for Obama." He said his basis for such a statement is theopinion of U.S. Supreme Court Chief Justice John Marshall, who wrote inan 1821 case, Cohens vs. Virginia: "It is most true that this court will nottake jurisdiction if it should not: but it is equally true, that itmust take jurisdiction if it should. The judiciary cannot, as thelegislature may, avoid a measure because it approaches the confines ofthe constitution. We cannot pass it by because it is doubtful. Withwhatever doubts, with whatever difficulties, a case may be attended, wemust decide it, if it be brought before us. We have no more right todecline the exercise of jurisdiction which is given, than to usurp thatwhich is not given. The one or the other would be treason to theconstitution. Questions may occur which we would gladly avoid; but wecannot avoid them. All we can do is, to exercise our best judgment, andconscientiously to perform our duty. In doing this, on the presentoccasion, we find this tribunal invested with appellate jurisdiction inall cases arising under the constitution and laws of the United States.We find no exception to this grant, and we cannot insert one." WND has reported on dozens of legalchallenges to Obama's status as a "natural born citizen." TheConstitution, Article 2, Section 1, states, "No Person except a naturalborn Citizen, or a Citizen of the United States, at the time of theAdoption of this Constitution, shall be eligible to the Office ofPresident." Some of the lawsuits question whetherhe was actually born in Hawaii, as he insists. If he was born out ofthe country, Obama's American mother, the suits contend, was too youngat the time of his birth toconfer American citizenship to her son under the law at the time. Other challenges have focused on Obama'scitizenship through his father, a Kenyan subject to the jurisdiction ofthe United Kingdom at the time of his birth, thus making him a dualcitizen. The cases contend the framers of the Constitution excludeddual citizens from qualifying as natural born. Further, others question hiscitizenship by virtue of his attendance in Indonesian schools duringhis childhood and question on what passport did he travel toPakistan three decades ago. Adding fuel to the fire is Obama's persistentrefusal to release documents that could provide answers and theappointment – at a cost confirmed to be at least $1.7 million – ofmyriad lawyers to defend against all requests for his documentation.While his supporters cite an online version of a "Certification ofLive Birth" from Hawaii as his birth verification, critics point outsuch documents actually were issued for children not born in the state. The ultimate questions remain unaddressed todate: Is Obama a natural born citizen, and, if so, why hasn'tdocumentation been provided? And, of course, if he is not, what does itmean to the 2008 election or the U.S. Constitution if it is revealedthat there has been a violation? WND has reported on another case thatwas dismissed by U.S. District Judge David Carter in California. Italso now is heading to the appeals level. WND also has reported that among thedocumentation not yet available forObama includes his kindergarten records, Punahou school records,Occidental College records, ColumbiaUniversity records,Columbia thesis, Harvard Law School records, Harvard Law Reviewarticles, scholarly articles from the University of Chicago, passport, medical records, files from his years as an Illinoisstate senator, his Illinois State Bar Association records,any baptism records and his adoption records. Because of the dearth of information aboutObama's eligibility, WND founder Joseph Farah has launched a campaignto raise contributions to post billboards asking a simple question:"Where's the birth certificate?" The campaign followed a petition that has collected more than 480,000 signaturesdemanding proof of his eligibility, the availability of yard signs raisingthe question and the production of permanent, detachablemagnetic bumper stickers asking the question. The "certification of live birth" postedonline and widely touted as "Obama's birth certificate" does not in anyway prove he was born in Hawaii, since the same "short-form" documentis easily obtainable for children not born in Hawaii. The true"long-form" birth certificate – which includes information such as thename of the birth hospital and attending physician – is the onlydocument that can prove Obama was born in Hawaii, but to date he hasnot permitted its release for public or press scrutiny. Oddly, though congressional hearings wereheld to determine whether Sen. John McCain was constitutionallyeligible to be president as a "natural born citizen," no controllinglegal authority ever sought to verify Obama's claim to a Hawaiian birth. Your donation – from as little as $5 to asmuch as $1,000 – can be made online at the WND SuperStore. (Donationsare not tax- deductible. Donations of amounts greater than $1,000 can bearranged by calling either 541-474-1776 or 1-800-4WND.COM. If you wouldprefer to mail in your contributions, they should be directed to WND,P.O. Box 1627, Medford, Oregon, 97501. Be sure to specify the purposeof the donation by writing "billboard" on the check. In addition,donations of billboard space will be accepted, as will significantcontributions specifically targeted for geographic locations.) If you are a member of the media andwould like to interview Joseph Farah about this campaign, e-mail WND |
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