The district judge had argued that all Americans were in the same position, so the plaintiffs didn’t have a specific complaint against the president, but the brief asserted otherwise.
“Is it not true that there are millions of Americans who welcome Obama to continue to be sitting as president regardless of whether he is eligible?” the brief said. The injuries to the plaintiffs, therefore, are “particular.”
“We say Obama is not a ‘natural born Citizen’ of the USA and thus is not eligible to serve in the Oval Office. Obama is a usurper and must be removed to preserve the integrity and fundamental law of our Constitution and our Republic,” Kerchner said. “Obama, despite all his obfuscations to date, must prove to constitutional standards that he is eligible to sit in that seat.”
The lawyer also explains the Constitution provides, “If the president-elect shall have failed to qualify, then the vice president elect shall act as president until a president shall have qualified.”
Apuzzo has explained that it is significant the lower 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 because of the jurisdictional issue.
“By the court finding that plaintiffs do not have standing and that their claims present a political question, the court was able to avoid having to address the underlying merits of the Kerchner case. With such a decision, the American people unfortunately still do not know where Obama was born and whether he is an Article II ‘natural born Citizen’ and therefore constitutionally eligible to be president and commander in chief,” the attorney said.
“A court cannot refuse to hear a case on the merits merely because it prefers not to due to grave social or political ramifications,” he has explained. “The court’s opinion dismissing the Kerchner complaint/petition did not address the real Kerchner case but rather looked for a way to dismiss the case without having to reach the merits of the question of whether Obama is an Article II ‘natural born citizen.’
“The American people deserve to know whether Obama was in fact born in Hawaii. More importantly, even if he is born in 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 has reported on dozens of legal challenges to Obama’s status as a “natural born citizen.” The Constitution, Article 2, Section 1, 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.”
Some of the lawsuits question whether he was actually born in Hawaii, as he insists. If he was born out of the country, Obama’s American mother, the suits contend, was too young at the time of his birth to confer American citizenship to her son under the law at the time.
Demand the truth by joining the
petition campaign to make President Obama reveal his long-form,
hospital-generated birth certificate!
Other challenges have focused on Obama’s citizenship through his father, a Kenyan subject to the jurisdiction of the United Kingdom at the time of his birth, thus making him a dual citizen. The cases contend the framers of the Constitution excluded dual citizens from qualifying as natural born.
Further, others question his citizenship by virtue of his attendance in Indonesian schools during his childhood and question on what passport did he travel to Pakistan three decades ago.
Adding fuel to the fire is Obama’s persistent refusal to release documents that could provide answers and the appointment – at a cost confirmed to be at least $1.7 million – of myriad lawyers to defend against all requests for his documentation. While his supporters cite an online version of a “Certification of Live Birth” from Hawaii as his birth verification, critics point out such documents actually were issued for children not born in the state.
WND also has reported that among the documentation not yet available for Obama includes his kindergarten records, Punahou school records, Occidental College records, Columbia University records, Columbia thesis, Harvard Law School records, Harvard Law Review articles, scholarly articles from the University of Chicago, passport, medical records, files from his years as an Illinois state senator, his Illinois State Bar Association records, any baptism records and his adoption records.
Just in the past few days, a move also has surfaced among members of individual state legislatures to assemble state laws requiring the documentation of eligibility from candidates to be president. None of those plans, however, has been adopted as law yet.
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