In defining what an Article II “natural born Citizen” is, we do not seek to read into the Constitution that which was not intended and written there by the Framers. Despite popular belief, the Fourteenth Amendment does not convey the status of “natural born Citizen” in its text nor in its intent. Some add an implication to the actual wording of the Fourteenth Amendment by equating the amendment’s “citizen” to Article II’s “natural born Citizen.” But nowhere does the 14th Amendment confer “natural born citizen” status. The words simply do not appear there, but some would have us believe they are implied. But the wording of the Amendment is clear in showing that it confers citizenship only and nothing more.
The intent and purpose of the amendment was to provide equal citizenship to all Americans either born on U.S. soil or naturalized therein and subject to the jurisdiction thereof. It does not grant “natural born Citizen” status. It only confers “citizen” status, as that is the exact word used by the Amendment itself and that is the same word that appears in Article I, II, III, and IV of the Constitution. It just conveys the status of “citizen,” and as we learned from how the Framers handled the Naturalization Acts of 1790 and 1795, being a “citizen” does not necessarily mean that one is a “natural born Citizen.”
The Fourteenth Amendment only tells us who may become members of the community called the United States, i.e., those born on U.S. soil or naturalized and subject to the jurisdiction thereof are U.S. citizens. The amendment was needed because under Scott v. Sandford, 60 U.S. 393 (1856), slaves and their descendents, whether free or not, were not considered as being members of that community even though born on U.S. soil and unlike the American Indians subject to the jurisdiction thereof. But the amendment only allowed these slaves and their descendents to become a member of the U.S. community by making them U.S. citizens. Once those persons or anybody else (e.g. Wong Kim Ark) so became a member of the U.S. community (became a U.S. citizen by birth on U.S. soil or through naturalization), then that person could join with another U.S. citizen and procreate a child on U.S. soil who would then be an Article II "natural born Citizen."
Hence, during the Founding, the original citizens created the new Constitutional Republic. Through Article II’s grandfather clause, they were allowed to be President. Their posterity would be the "natural born Citizens" who would perpetuate the new nation and its values. These “natural born Citizens,” born after the adoption of the Constitution, would be the future Presidents.
Subsequently, a “natural born Citizen” was created by someone first becoming a member of the United States (a U.S. citizen) by birth on its soil to a mother and father who were U.S. citizens or if not so born then through naturalization, and then joining with another similarly created U.S. citizen to procreate a child on U.S. soil. The product of that union would be an Article II “natural born Citizen.”
After the Fourteenth Amendment, it became sufficient to be a citizen if one were merely born on U.S. soil or naturalized and subject to the jurisdiction of the U.S. That U.S. citizen would then procreate with another similarly created U.S citizen and produce a “natural born Citizen.”
As we can see, becoming a U.S. citizen is only the first step in the process of creating a “natural born Citizen.” The second step is two U.S citizens procreating a child on U.S. soil. It is these “natural born Citizens” who can someday be President or Vice President of the United States.
The issue of what the Founding Fathers meant when they wrote “natural born Citizen” into Article II is surely ripe for the U.S. Supreme Court to determine. The issue is one of first impression and the Supreme Court needs to decide it. The national security and survival of the United States as conceived by the Founders are at stake. Because of the utter failure of our political and media institutions to give proper and honest attention to this issue, only the highest court in the land can now come to the aid of the Kerchner plaintiffs and We the People.
Mario Apuzzo, Esq.
Tuesday, July 14, 2009
Wednesday, July 8, 2009
Plaintiffs Obtain Extension of Time to Answer Obama/Congress Motion to Dismiss.
Motion Decision Date Now Set for Monday, August 3, 2009.
Defendants, Obama, USA, Congress, Senate, House, Cheney, and Pelosi have filed a motion to dismiss plaintiffs' complaint/petition. Their main argument is that the plaintiffs do not have standing and that all the defendants have immunity from all of plaintiffs' constitutional claims.
The current defense motion to dismiss the complaint/petition was returnable Friday, July 20, 2009. Plaintiffs’ opposition was due by Monday, July 6, 2009.
The defendants took over 4 months to file their motion. I was only given 2 weeks to respond. Given the critical importance of this case, the complexity and novelty of the constitutional issues, and the need to do a thorough job, I sought fit to request a 2-week extension of time to answer the defendants' motion to dismiss.
I realize that by the extension we are losing two weeks, but winning the motion is more important than not losing the two weeks.
The new motion day is Monday, August 3, 2009. I will file our opposition papers at least 14 days prior to the new motion day, and the defendants shall file their reply papers, if any, at least seven calendar days prior to August 3, 2009.
I know that many of you have been posting on this blog your thoughts and analysis on how we can defeat the defendants' motion. Your input is highly appreciated. I am asking that you continue to give me your ideas in this public blog. I encourage the open exhange of ideas so that we may all arrive at the best answer. Only strategy and personal matters will be treated confidentially. I will appreciate that if you do have a point you want to make, you provide a citation to support what you are saying, if a citation exists. If you do not have a citation, still make your argument. I will consider all comments and choose which points to incorporate into our opposition brief.
The points to research and comment on are standing and immunity. For a full reading of how the defendants are using these defenses to try to convince the judicial branch of government not to address the issue of Obama's Article II "natural born Citizen" eligibility, you may clique on the link in this blog and view the defendants' brief that they filed in support of their motion to dismiss.
Mario Apuzzo, Esq.
The current defense motion to dismiss the complaint/petition was returnable Friday, July 20, 2009. Plaintiffs’ opposition was due by Monday, July 6, 2009.
The defendants took over 4 months to file their motion. I was only given 2 weeks to respond. Given the critical importance of this case, the complexity and novelty of the constitutional issues, and the need to do a thorough job, I sought fit to request a 2-week extension of time to answer the defendants' motion to dismiss.
I realize that by the extension we are losing two weeks, but winning the motion is more important than not losing the two weeks.
The new motion day is Monday, August 3, 2009. I will file our opposition papers at least 14 days prior to the new motion day, and the defendants shall file their reply papers, if any, at least seven calendar days prior to August 3, 2009.
I know that many of you have been posting on this blog your thoughts and analysis on how we can defeat the defendants' motion. Your input is highly appreciated. I am asking that you continue to give me your ideas in this public blog. I encourage the open exhange of ideas so that we may all arrive at the best answer. Only strategy and personal matters will be treated confidentially. I will appreciate that if you do have a point you want to make, you provide a citation to support what you are saying, if a citation exists. If you do not have a citation, still make your argument. I will consider all comments and choose which points to incorporate into our opposition brief.
The points to research and comment on are standing and immunity. For a full reading of how the defendants are using these defenses to try to convince the judicial branch of government not to address the issue of Obama's Article II "natural born Citizen" eligibility, you may clique on the link in this blog and view the defendants' brief that they filed in support of their motion to dismiss.
Mario Apuzzo, Esq.
The Blog Rules (redux for the newbies)
THE RULES: Please keep in mind this is a moderated blog. This is akin to a court setting and is not a wide open say anything you want, anytime you want, free speech zone like a soap box in a public square. If you want that type of forum you will have to go elsewhere. Keep your comments and questions in the case threads serious and focused on the subject and merits of this case. Unsubstantiated statements which I determine are false and misleading, or even potentially misleading to others (the jury of public opinion reading this blog) as to the true facts of this case, repetitive, argumentative, personal attacks, blog scrolling, advertising links, inappropriate links, and/or off topic comments will likely not be posted. I also will not discuss in public specifics of the case as to my planned tactics or strategies for pursuing this case. That will be only be revealed at the appropriate time in subsequent court filings and in the hearings or trial. I am the Judge in this blog and will rule on the merits, materiality, worthiness, etc., of all comments. My rulings on the acceptance or rejection of a comment are final. Please note that your comments will not appear immediately as I have to review them first. As I am busy working on this case, it may be several hours to 1/2 a day at times before your comment is reviewed and accepted and/or answered. Thank you for your kind consideration of the purpose of the blog posts about the Kerchner vs. Obama & Congress case and for your comments.
Monday, July 6, 2009
Plaintiffs Obtain Extension of Time to Answer Obama/Congress Motion to Dismiss
Defendants, Obama, USA, Congress, Senate, House, Cheney, and Pelosi have filed a motion to dismiss plaintiffs' complaint/petition. Their main argument is that the plaintiffs do not have standing and that all the defendants have immunity from all of plaintiffs' constitutional claims.
The current defense motion to dismiss the complaint/petition was returnable Friday, July 20, 2009. Plaintiffs’ opposition was due by Monday, July 6, 2009.
The defendants took over 4 months to file their motion. I was only given 2 weeks to respond. Given the critical importance of this case, the complexity and novelty of the constitutional issues, and the need to do a thorough job, I sought fit to request a 2-week extension of time to answer the defendants' motion to dismiss.
I realize that by the extension we are losing two weeks, but winning the motion is more important than not losing the two weeks.
The new motion day is Monday, August 3, 2009. I will file our opposition papers at least 14 days prior to the new motion day, and the defendants shall file their reply papers, if any, at least seven calendar days prior to August 3, 2009.
I know that many of you have been posting on this blog your thoughts and analysis on how we can defeat the defendants' motion. Your input is highly appreciated. I am asking that you continue to give me your ideas in this public blog. I encourage the open exhange of ideas so that we may all arrive at the best answer. Only strategy and personal matters will be treated confidentially. I will appreciate that if you do have a point you want to make, you provide a citation to support what you are saying, if a citation exists. If you do not have a citation, still make your argument. I will consider all comments and choose which points to incorporate into our opposition brief.
The points to research and comment on are standing and immunity. For a full reading of how the defendants are using these defenses to try to convince the judicial branch of government not to address the issue of Obama's Article II "natural born Citizen" eligibility, you may clique on the link in this blog and view the defendants' brief that they filed in support of their motion to dismiss.
Mario Apuzzo, Esq.
The current defense motion to dismiss the complaint/petition was returnable Friday, July 20, 2009. Plaintiffs’ opposition was due by Monday, July 6, 2009.
The defendants took over 4 months to file their motion. I was only given 2 weeks to respond. Given the critical importance of this case, the complexity and novelty of the constitutional issues, and the need to do a thorough job, I sought fit to request a 2-week extension of time to answer the defendants' motion to dismiss.
I realize that by the extension we are losing two weeks, but winning the motion is more important than not losing the two weeks.
The new motion day is Monday, August 3, 2009. I will file our opposition papers at least 14 days prior to the new motion day, and the defendants shall file their reply papers, if any, at least seven calendar days prior to August 3, 2009.
I know that many of you have been posting on this blog your thoughts and analysis on how we can defeat the defendants' motion. Your input is highly appreciated. I am asking that you continue to give me your ideas in this public blog. I encourage the open exhange of ideas so that we may all arrive at the best answer. Only strategy and personal matters will be treated confidentially. I will appreciate that if you do have a point you want to make, you provide a citation to support what you are saying, if a citation exists. If you do not have a citation, still make your argument. I will consider all comments and choose which points to incorporate into our opposition brief.
The points to research and comment on are standing and immunity. For a full reading of how the defendants are using these defenses to try to convince the judicial branch of government not to address the issue of Obama's Article II "natural born Citizen" eligibility, you may clique on the link in this blog and view the defendants' brief that they filed in support of their motion to dismiss.
Mario Apuzzo, Esq.
Sunday, July 5, 2009
The Chalice Show - Patriot's Heart Broadcasting - BlogTalkRadio Network -10:30 p.m. EDT Sunday 5 Jul 2009 - Kerchner et al v. Obama & Congress Update
The Chalice Show - Patriot's Heart Broadcasting - BlogTalkRadio Network 9 to 11 p.m. EDT Sunday 5 Jul 2009 - Kerchner et al v. Obama & Congress lawsuit update and discussion of the new publicity campaign to make more people aware that Obama is not an Article II natural born citizen to Constitutional Standards and to increase public awareness of the existence of this lawsuit. The Main Stream Media (MSM) still refuses to discuss the eligibility issue and thus more paid media Advertorial type advertising will be done using the following theme:
Kerchner-et-al-v-Obama-Congress-et-al-Advertorial-in-20090706-Issue-Wash-Times
I was on the last 1/2 hour segment of the Chalice Show from 10:30 to 11:00 p.m. EDT. Below is the link to download and listen to the two hour show. The discussion of this case and the new advertising initiative begins 90 minutes in, the last half hour. Listen to it all or download it and fast forward to the last half hour where I discuss the case and the new publicity fund initiative: The Chalice Show
Charles
Kerchner-et-al-v-Obama-Congress-et-al-Advertorial-in-20090706-Issue-Wash-Times
I was on the last 1/2 hour segment of the Chalice Show from 10:30 to 11:00 p.m. EDT. Below is the link to download and listen to the two hour show. The discussion of this case and the new advertising initiative begins 90 minutes in, the last half hour. Listen to it all or download it and fast forward to the last half hour where I discuss the case and the new publicity fund initiative: The Chalice Show
Charles
Thursday, July 2, 2009
Vattel: On Those Claiming Sovereignty of a Nation also Having to Respect the Fundamental Laws and the Constitution or Contract with the People
Vattel's writings on the sovereign and sovereignty and the need of the sovereign to respect fundamental laws in which Vattel included the nation's Constitution, and also when the People no longer owe obedience to the one claiming sovereignty if he breaks the Contract with the People:
The Law of Nations, Vattel, 1758, Vol.1, Chapter IV:
§ 46. The Prince ought to respect and support the fundamental laws.
. . . The prince ought to respect and support the fundamental laws. But when the sovereign power is limited and regulated by the fundamental laws of the state, those laws show the prince the extent and bounds of his power, and the manner in which he is to exert it. The prince is therefore strictly obliged not only to respect, but also to support them. The constitution and the fundamental laws are the plan on which the nation has resolved to labor for the attainment of happiness; the execution is intrusted to the prince. Let him religiously follow this plan; let him consider the fundamental laws as inviolable and sacred rules; and remember that the moment he deviates from them, his commands become unjust, and are but a criminal abuse of the power with which he is intrusted. He is, by virtue of that power, the guardian and defender of the laws: and while it is his duty to restrain each daring violator of them, ought he himself to trample them under foot?
and then in section 51 ....
§ 51. But the nation may curb a tyrant, and withdraw itself from his obedience.
. . . As soon as a prince attacks the constitution of the state, he breaks the contract which bound the people to him; the people become free by the act of the sovereign, and can no longer view him but as a usurper who would load them with oppression. This truth is acknowledged by every sensible writer, whose pen is not enslaved by fear, or sold for hire.
Contributed by:
Charles F. Kerchner, Jr.
CDR USNR Retired
Lead Plaintiff
Kerchner et al v Obama & Congress et al
Kerchner: On all citizens inalienable right to defend their liberty -- It is the inalienable right of all citizens of the nation to stand up and protect their liberty right and support and defend the Constitution, the contract made by the People to which they agreed to be governed by, and the fundamental and supreme law of our land, against those who claim sovereignty over it and claim to be above it and the law, and/or attempt to betray, trample, or ignore it. Our first recourse of course is to the legal system and courts who in our system are supposed to be the legal guardians of the sanctity and supreme sovereignty of the Constitution, protecting it from the usurping of powers not granted to the other branches under our system, and/or their ignoring the Constitution and thinking they are sovereign to it. The courts are there to speak out via taking legal cases brought to it and making legal decisions to correct the offenders when the Constitution has been wronged. The courts should not shirk their responsibility. It is time for them to stand and support and defend the Constitution as they took an oath to do so. It is not a time for them to hide behind bureaucratic legal technicalities to find a means to hide from their duty to the Constitution and dismiss hearing the merits of a case. I seek that remedy with my lawsuit to demand a legally binding definition by the federal court, and if necessary which it likely will, by the Supreme Court, as to what the framer's intended it to mean for the Article II term "natural born citizen" and also to demand hearings from Congress thereafter to use that definition and the history of our Constitution, and then acting together, the Supreme Court and the Congress will remove the usurper from the Oval Office in a legal and constitutionally proper way, as they shall determine. And at that point in time, if SCOTUS and Congress declare Obama to be an illegitimate President and they cannot enforce their decision that he is constitutionally ineligible to be the President and order that he should step down, and the Usurper refuses to leave the office, I believe the People will enforce the step down and leave order, with the help of the military if need be. I swore an oath to support and defend the Constitution against all enemies foreign and domestic. I intend to do so to the best of my abilities. History will record the events of these times. ~~~ Charles Kerchner
P.S. Also, please feel free to join the discussions and comments in this forum about the subject of the Natural Born Citizenship clause in Article II of our U.S. Constitution by [Clicking Here].
####
The Law of Nations, Vattel, 1758, Vol.1, Chapter IV:
§ 46. The Prince ought to respect and support the fundamental laws.
. . . The prince ought to respect and support the fundamental laws. But when the sovereign power is limited and regulated by the fundamental laws of the state, those laws show the prince the extent and bounds of his power, and the manner in which he is to exert it. The prince is therefore strictly obliged not only to respect, but also to support them. The constitution and the fundamental laws are the plan on which the nation has resolved to labor for the attainment of happiness; the execution is intrusted to the prince. Let him religiously follow this plan; let him consider the fundamental laws as inviolable and sacred rules; and remember that the moment he deviates from them, his commands become unjust, and are but a criminal abuse of the power with which he is intrusted. He is, by virtue of that power, the guardian and defender of the laws: and while it is his duty to restrain each daring violator of them, ought he himself to trample them under foot?
and then in section 51 ....
§ 51. But the nation may curb a tyrant, and withdraw itself from his obedience.
. . . As soon as a prince attacks the constitution of the state, he breaks the contract which bound the people to him; the people become free by the act of the sovereign, and can no longer view him but as a usurper who would load them with oppression. This truth is acknowledged by every sensible writer, whose pen is not enslaved by fear, or sold for hire.
Contributed by:
Charles F. Kerchner, Jr.
CDR USNR Retired
Lead Plaintiff
Kerchner et al v Obama & Congress et al
Kerchner: On all citizens inalienable right to defend their liberty -- It is the inalienable right of all citizens of the nation to stand up and protect their liberty right and support and defend the Constitution, the contract made by the People to which they agreed to be governed by, and the fundamental and supreme law of our land, against those who claim sovereignty over it and claim to be above it and the law, and/or attempt to betray, trample, or ignore it. Our first recourse of course is to the legal system and courts who in our system are supposed to be the legal guardians of the sanctity and supreme sovereignty of the Constitution, protecting it from the usurping of powers not granted to the other branches under our system, and/or their ignoring the Constitution and thinking they are sovereign to it. The courts are there to speak out via taking legal cases brought to it and making legal decisions to correct the offenders when the Constitution has been wronged. The courts should not shirk their responsibility. It is time for them to stand and support and defend the Constitution as they took an oath to do so. It is not a time for them to hide behind bureaucratic legal technicalities to find a means to hide from their duty to the Constitution and dismiss hearing the merits of a case. I seek that remedy with my lawsuit to demand a legally binding definition by the federal court, and if necessary which it likely will, by the Supreme Court, as to what the framer's intended it to mean for the Article II term "natural born citizen" and also to demand hearings from Congress thereafter to use that definition and the history of our Constitution, and then acting together, the Supreme Court and the Congress will remove the usurper from the Oval Office in a legal and constitutionally proper way, as they shall determine. And at that point in time, if SCOTUS and Congress declare Obama to be an illegitimate President and they cannot enforce their decision that he is constitutionally ineligible to be the President and order that he should step down, and the Usurper refuses to leave the office, I believe the People will enforce the step down and leave order, with the help of the military if need be. I swore an oath to support and defend the Constitution against all enemies foreign and domestic. I intend to do so to the best of my abilities. History will record the events of these times. ~~~ Charles Kerchner
P.S. Also, please feel free to join the discussions and comments in this forum about the subject of the Natural Born Citizenship clause in Article II of our U.S. Constitution by [Clicking Here].
####
Kerchner: On Sovereign Immunity
Kerchner: On sovereign immunity:
In the case of constitutional issues the Constitution is sovereign, and/or "We the People" by amending it by the process provided in that Constitution, not a branch of the federal government which is ignoring it. We the People created the federal government enabled by the founding document the federal U.S. Constitution. The Congress or the President cannot arbitrarily ignore the U.S. Constitution and those branches of the federal government cannot hide behind sovereign immunity. For if they can the Constitution is then no longer the supreme law of the land and the Congress and the President have placed themselves above that supreme law. We would no longer be a nation of laws if the supreme law of the land can be ignored and not enforced by the whims of the simple political majority in control of Congress.
I believe that Article I, Section 6, clause 1 protects the individual Senators and Reps from arrest and/or charges due to their speech and debate. It does not grant sovereign immunity to the Congress as a whole or the Senate as a body or the House as a body to totally ignore the Constitution, the "fundamental law" as Vattel describes such laws, and the foundational law of our federal government and nation. The sovereign power in our Republic is “We the People” and the Constitution we established to limit the power of the Federal Government, and thus the Congress which is part of that. Thus the Congress as a body in our government is not sovereign and thus cannot have sovereign immunity regarding charges that it as a body did not do its constitutional duty and/or ignored parts of the constitution. Who or what is the USA. It is the several states and We the People and the Constitution. It is not the Congress and it is not the President. The Constitution is the supreme and sovereign law. Congress is not sovereign and neither is the President and thus they cannot use sovereign immunity to betray and undermine the constitution. If the Congress is sovereign, then Congress would be the ultimate power and even be above the constitution. That is not our system of government. And that is not what Vattel taught either and wrote about a republic with a written constitution. The elected officials are our representatives and we acquiesce to them to run the government as long as they obey the Constitution and not ignore any part of the Constitution, the supreme law of the land, and that these elected representatives act in a way to protect our life, liberty, and pursuit of happiness which our patriot ancestors and many who have served since fought and died to obtain and keep for us. The written Constitution is supreme and sovereign as that contract was established by We the People acting through the several states. And it states it takes 3/4th of the several states via agreement of the People of those states speaking through their respective legislative body to change that sovereign law, the U.S. Constitution.
The Constitution is the supreme and sovereign law. The President and Congress are not above the law. I did not swear an oath defend a man or any particular President or a piece land. I swore an oath to support and defend the Constitution against all enemies foreign and domestic. I intend to do so.
Charles F. Kerchner, Jr.
CDR USNR Retired
Lead Plaintiff
Kerchner et al vs. Obama & Congress et al
P.S. A printable and downloadable copy of this essay is available at: http://www.scribd.com/doc/17049463/
P.S.S. Also, please feel free to join the discussions and comments in this forum about the subject of the Natural Born Citizenship clause in Article II of our U.S. Constitution by [Clicking Here].
####
In the case of constitutional issues the Constitution is sovereign, and/or "We the People" by amending it by the process provided in that Constitution, not a branch of the federal government which is ignoring it. We the People created the federal government enabled by the founding document the federal U.S. Constitution. The Congress or the President cannot arbitrarily ignore the U.S. Constitution and those branches of the federal government cannot hide behind sovereign immunity. For if they can the Constitution is then no longer the supreme law of the land and the Congress and the President have placed themselves above that supreme law. We would no longer be a nation of laws if the supreme law of the land can be ignored and not enforced by the whims of the simple political majority in control of Congress.
I believe that Article I, Section 6, clause 1 protects the individual Senators and Reps from arrest and/or charges due to their speech and debate. It does not grant sovereign immunity to the Congress as a whole or the Senate as a body or the House as a body to totally ignore the Constitution, the "fundamental law" as Vattel describes such laws, and the foundational law of our federal government and nation. The sovereign power in our Republic is “We the People” and the Constitution we established to limit the power of the Federal Government, and thus the Congress which is part of that. Thus the Congress as a body in our government is not sovereign and thus cannot have sovereign immunity regarding charges that it as a body did not do its constitutional duty and/or ignored parts of the constitution. Who or what is the USA. It is the several states and We the People and the Constitution. It is not the Congress and it is not the President. The Constitution is the supreme and sovereign law. Congress is not sovereign and neither is the President and thus they cannot use sovereign immunity to betray and undermine the constitution. If the Congress is sovereign, then Congress would be the ultimate power and even be above the constitution. That is not our system of government. And that is not what Vattel taught either and wrote about a republic with a written constitution. The elected officials are our representatives and we acquiesce to them to run the government as long as they obey the Constitution and not ignore any part of the Constitution, the supreme law of the land, and that these elected representatives act in a way to protect our life, liberty, and pursuit of happiness which our patriot ancestors and many who have served since fought and died to obtain and keep for us. The written Constitution is supreme and sovereign as that contract was established by We the People acting through the several states. And it states it takes 3/4th of the several states via agreement of the People of those states speaking through their respective legislative body to change that sovereign law, the U.S. Constitution.
The Constitution is the supreme and sovereign law. The President and Congress are not above the law. I did not swear an oath defend a man or any particular President or a piece land. I swore an oath to support and defend the Constitution against all enemies foreign and domestic. I intend to do so.
Charles F. Kerchner, Jr.
CDR USNR Retired
Lead Plaintiff
Kerchner et al vs. Obama & Congress et al
P.S. A printable and downloadable copy of this essay is available at: http://www.scribd.com/doc/17049463/
P.S.S. Also, please feel free to join the discussions and comments in this forum about the subject of the Natural Born Citizenship clause in Article II of our U.S. Constitution by [Clicking Here].
####
Tuesday, June 30, 2009
Vattel: Law of Nations Vol. 1 Chapter III § 30.
Of the support of the constitution and obedience to the laws.
The Law of Nations, Vattel, pub. 1758, Vol. 1 Chapter III § 30 -- Of the support of the constitution and obedience to the laws.
. . . The constitution and laws of a state are the basis of the public tranquility, the firmest support of political authority, and a security for the liberty of the citizens. But this constitution is a vain phantom, and the best laws are useless, if they be not religiously observed: the nation ought then to watch very attentively, in order to render them equally respected by those who govern, and by the people destined to obey. To attack the constitution of the state and to violate its laws, is a capital crime against society; and if those guilty of it are invested with authority, they add to this crime a perfidious abuse of the power with which they are intrusted. The nation ought constantly to repress them with its utmost vigor and vigilance, as the importance of the case requires. It is very uncommon to see the laws and constitution of a state openly and boldly opposed: it is against silent and gradual attacks that a nation ought to be particularly on its guard. Sudden revolutions strike the imaginations of men: they are detailed in history; their secret springs are developed. But we overlook the changes that insensibly happen by a long train of steps that are but slightly marked. It would be rendering nations an important service to show from history how many states have thus entirely changed their nature, and lost their original constitution. This would awaken the attention of mankind: — impressed thenceforward with this excellent maxim (no less essential in politics than in morals) principiis obsta, — they would no longer shut their eyes against innovations, which, though inconsiderable in themselves, may serve as steps to mount to higher and more pernicious enterprises.
Contributed by:
Charles F. Kerchner, Jr.
CDR USNR Retired
Lead Plaintiff
Kerchner et al v Obama & Congress et al
P.S. Also, please feel free to join the discussions and comments in this forum about the subject of the Natural Born Citizenship clause in Article II of our U.S. Constitution by [Clicking Here].
####
. . . The constitution and laws of a state are the basis of the public tranquility, the firmest support of political authority, and a security for the liberty of the citizens. But this constitution is a vain phantom, and the best laws are useless, if they be not religiously observed: the nation ought then to watch very attentively, in order to render them equally respected by those who govern, and by the people destined to obey. To attack the constitution of the state and to violate its laws, is a capital crime against society; and if those guilty of it are invested with authority, they add to this crime a perfidious abuse of the power with which they are intrusted. The nation ought constantly to repress them with its utmost vigor and vigilance, as the importance of the case requires. It is very uncommon to see the laws and constitution of a state openly and boldly opposed: it is against silent and gradual attacks that a nation ought to be particularly on its guard. Sudden revolutions strike the imaginations of men: they are detailed in history; their secret springs are developed. But we overlook the changes that insensibly happen by a long train of steps that are but slightly marked. It would be rendering nations an important service to show from history how many states have thus entirely changed their nature, and lost their original constitution. This would awaken the attention of mankind: — impressed thenceforward with this excellent maxim (no less essential in politics than in morals) principiis obsta, — they would no longer shut their eyes against innovations, which, though inconsiderable in themselves, may serve as steps to mount to higher and more pernicious enterprises.
Contributed by:
Charles F. Kerchner, Jr.
CDR USNR Retired
Lead Plaintiff
Kerchner et al v Obama & Congress et al
P.S. Also, please feel free to join the discussions and comments in this forum about the subject of the Natural Born Citizenship clause in Article II of our U.S. Constitution by [Clicking Here].
####
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