gods speed Mario and good luck to Commander Kerchner and other plaintiffs
Posted on | November 22, 2010 | 12 Comments
Washington Times – Kerchner v Obama & Congress et al Petition for Writ of Certiorari scheduled for Conference on 23 Nov 2010 with U.S. Supreme Court
by: CDR Charles Kerchner (Ret)
https://www.protectourliberty.org
We are living through history in the making. Please read or re-read this historic Petition to the U.S. Supreme Court asking them to support and defend the Constitution … in particular Article II, Section 1, Clause 5, the presidential constitutional eligibility clause. Read or re-read the Petition then read this ad. Then meditate on the words in both and then pray that the Justices do the right thing on Tuesday and support and defend our Constitution and Republic and grant Certiorari and take up our case and seek the truth about Mr. Obama the usurper, impostor, and fraud now occupying the Oval Office. Mr. Obama and his puppet masters and his enablers in political power and in the main stream media have perpetrated and allowed to continue the greatest fraud on this nation in the history of our Republic and he needs to be exposed and removed. See the ad linked to below and via the image at the left for an overview of the Petition and the issues.
Washington Times — Kerchner et al v Obama & Congress et al Petition for Writ of Certiorari Scheduled for Conference on 23 Nov 2010 with the U.S. Supreme Court – Washington Times National Weekly edition – 22 Nov 2010 issue, page 5: https://www.scribd.com/doc/43541103/Kerchner-v-Obama-Petition-Scheduled-for-Conference-at-Supreme-Court-on-Tues-Nov-23-2010-WTNW-pg-5
QUESTIONS PRESENTED TO THE U.S. SUPREME COURT:
PETITION 10-446
1. Whether petitioners sufficiently articulated a case or controversy against respondents which gives them Article III standing to make their Fifth Amendment due process and equal protection claims against them.
2. Whether putative President Obama can be an Article II “natural born Citizen” if he was born in the United States to a United States citizen mother and a non-United States citizen British father and under the British Nationality Act 1948 he was born a British citizen.
3. Whether putative President Obama and Congress violated petitioners’ Fifth Amendment due process rights to life, liberty, safety, security, tranquility, and property and Ninth Amendment rights by Congress failing to assure them pursuant to the Twentieth Amendment that Obama qualified as an Article II “natural born Citizen” before confirming his electoral votes and by Obama refusing to conclusively prove that he is a “natural born Citizen.”
4. Whether Congress violated petitioners’ rights under the Fifth Amendment to equal protection of their life, liberty, safety, security, tranquility, and property by investigating and confirming the “natural born Citizen” status of presidential candidate, John McCain, but not that of presidential candidate, Barack Obama
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12 Responses to “gods speed Mario and good luck to Commander Kerchner and other plaintiffs”
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November 22nd, 2010 @ 8:01 am
No writ will be granted. The Court will dismiss Mr Kerchner for what he is – a con man who makes a great living by exploiting the ignorance of others. This will be another in the never-ending series of legal defeats for the birthers. Maybe it’s time to give it up and start doing something constructive.
November 22nd, 2010 @ 10:24 am
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 Kerchner. 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!
November 22nd, 2010 @ 11:42 am
John your bias is obvious; and your understanding of our Constitutional Republic is little or none. You are probably one who believes our nation is a Democarcy, and the will of the people prevails. What you do not realize is we are a nation built around our laws derived from our consitution, not the will of the people. We will see what side SCOTUS comes down on at this conference. Does our constitution prevail? I believe it will in the end; whatever that may be. Have a good day!!
November 22nd, 2010 @ 12:11 pm
Hey John, when you were polishing Obummers knob, were you sharing Cocaine with him too like Larry Sinclair? Inquiring minds would like to know.
November 22nd, 2010 @ 1:25 pm
“We will see what side SCOTUS comes down on at this conference. Does our constitution prevail? I believe it will in the end; whatever that may be. Have a good day!!”
Jim, that remark seems to intimate that only if Kerchner’s writ is granted does the constitution prevail. That is certainly not necessarily the case. Cert is rarely granted.
November 22nd, 2010 @ 3:02 pm
I personally think that Mario and Charles are either going to get pounced or flat out rejected on Tuesday, November 23, 2010. I believe that not only are their questions not bold enough, that their brief fails to open the door without a more particularized injury unique to Charles, and that their brief falls short lacking a demand of a decision of Obama’s identity without the use of 333 US 640 @ 653 and 533 US 53 @ 54 and 62 regarding the need of hospital records and witnesses to the birth, and the use of the same case Oral Arguments by Bader-Ginsburg in which she admitted until 1934 citizenship in the US was passed via the Father, etc.
After pressing the right to demand he prove his identity via Bute v. Illinois and Nguyen v. INS, the brief then needs to proceed and pounce him on the paternal issue of NOT HAVING a US Citizen Father, required by the Founders in what Bader-Ginsberg herself admitted to. They need to remind the Court the ramifications of what they themselves admitted to, and cannot overrule. Paternity Citizenship that is current or present at the time of the child’s birth, THAT is the common denominator that determines the Natural Born Citizenship of the child in all US Supreme Court Cases from the Founding to Perkins v. Elg. Paternal US Citizenship, along with jus soli, Constitutionally determines Natural Born Citizen Status per the US Supreme Court rulings taken as a whole during that timeframe…and Paternal Citizenship passed is what the Founding Fathers intended historically as well etc., should be argued with greater peppering.
Their petition did not take in the experience that others suffered that they might learn better judicial battle tactics for winning in Court. In the October 25, 2010 released transcripts of Keyes v. Bowen,
https://www.courtinfo.ca.gov/opinions/documents/C062321.PDF
They need to refocus and overwhelm the opponent with points of fact and reference, because as the California Justices in Keyes v. Bowen pointed out:
[quote] “the plaintiffs’ burden to show either that the demurrer was sustained erroneously or that the trial court’s denial of leave to amend was an abuse of discretion. … more intense Law, Case Law, and written and widely accepted legal authorities are used to overcome erroneous Court analysis, and open the door for further appeal and/or higher Court trial or appeal judgments. …[T]he
appellant has the burden to prove otherwise by presenting legal authority on each point made and factual analysis, supported by appropriate citations to the material facts in the record; otherwise, the argument may be deemed forfeited.
It is the appellant’s responsibility to support claims of error with citation and authority; this court is not obligated to perform that function on the appellant’s behalf…The appellant may not simply incorporate by reference arguments made in papers filed in the trial court, rather than brief them on appeal… Appellants may not attempt to rectify their omissions and oversights for the first time in their reply briefs because this deprives the opposing party of an opportunity to respond.” [unquote]
MORE CASE LAW, FACTS, ETC. is begged by the Court. Overwhelm us, they say. I say, slam them with 80 cases and more, if need be. But don’t forget the two cases that open the door!
I’m sorry, but without Bute and Nguyen and the pressing of paternity upon the child with what might be deemed a near violent outcry, and lacking more specified standing at this time, I think Charles and Marion blew their petition.
I could be wrong, and we will see if that is so. I hope they get their petition granted, but I won’t hold my breath, yet.
Further, if I may ask, why wouldn’t a Writ of Mandamus first filed with the Court, so as to lay the foundation for filing a petition for a Writ of Certiorari? I do not remember seeing a listing where Charles and Mario first filed for a Writ of Mandamus, or did I miss and/or forget that one? Maybe you can answer that one, Orly?
Personally, I believe the number of Cases cited in their petition was way short of what should have been used in the opening salvo.
Orly, please learn from their mistakes as well as the valuable postings of where they were correct in their data and their assertions. If we do not capitalize on learning from each other, and especially learn from our mistakes and the mistakes of others, we do not achieve the objective we set out to do: that is, remove (by legal and peaceful means) a usurper bent on destroying this Republic of the United States, and remove the very empowerment of those actively empowered by him to termite parasite (eat away) the US Constitution, to be exchanged for some Communist-Socialist manifest, and in place of Liberty, the alien enslavement form of Governance.
November 23rd, 2010 @ 1:53 am
@hippy – just because you’re a gay drug user doesn’t mean that everyone else is.
Barack Obama is the duly-elected President of these United States, and seeking to undermine him using sophistic and purposeful misreadings of the Constitution is not only doomed to failure, but also unpatriotic and arguably treasonous.
November 23rd, 2010 @ 9:33 am
“WE HAVE AN IMPOSTOR SERVING IN THE WHITE HOUSE, FOR ALL INTENTS AND PURPOSES.”
— Rush Limbaugh, Nov. 23, 2010, 12:29 PM EST
Go Rush!!
November 23rd, 2010 @ 10:13 am
Just explain this.
https://www.youtube.com/watch?v=ea9JVnck_-E
November 23rd, 2010 @ 10:16 am
Please answer this American Hero.
https://www.youtube.com/watch?v=ea9JVnck_-E
November 23rd, 2010 @ 10:58 am
John, I thought I was an Ex-Con? Now, I’m a Gay Drug User. Which is it, fool?
For your information O-Troll, I happen to be retired and hold a Concealed Weapons License in the Sate I reside in. Which means I can carry Concealed anything a Police Officer carries. Up to and including legally registered Sub Machine Guns and Suppressed Weapons.
As far as Obunghole goes…It isa well known fact in the Chicago Gay Community, that Obunghole and Rahmit frequent the Chicago Bath House scene while in town, and The One has admitted to Cocaine usage.
November 23rd, 2010 @ 8:52 pm
If only Mario Apuzzo hadn’t sued the Congress. Then, for certain, he would have gotten review.