Vattel Asked for History to Be His Judge

It was Emer de Vattel in his, The Law of Nations, Or Principles of the Law of Nature (1758 French edition) (1760 first English edition), who defined for the Framers what an Article II "natural born Citizen" is. It was Vattel, who stated in Section 212: "The citizens are the members of the civil society: bound to this society by certain duties, and subject to its authority, they equally participate in its advantages. The natives, or natural-born citizens, are those born in the country, of parents who are citizens. . . ." Vattel, Section 212 (1797 London edition)(and as translated by the United States Supreme Court in Minor v. Happersett, 88 U.S. 162, 167-68 (1875) (repeating Vattel's definition without citing him); The Venus, 12 U.S. (8 Cranch) 253, 289 (1814) (Marshall, C.J., concurring) (cites Vattel’s definition of "natives or indigenes" which is later translated to "natives or natural born citizens"); Shanks v. Dupont, 28 U.S. 242, 245 (1830) (same definition without citing Vattel); Ex parte Reynolds, 1879, 5 Dill., 394, 402 (repeating Vattel's definition and stating in referring to his definition: "The law of nations, which becomes, when applicable to an existing condition of affairs in a country, a part of the common law of that country, declares the same rule. . . This law of nature, as far as it has become a part of the common law, in the absence of any positive enactment on the subject, must be the rule in this case. . . ."); United States v. Ward, 42 F.320 (C.C.S.D.Cal. 1890) (citing and quoting the same Ex parte Reynolds references to natural law, the law of nations, and Vattel); U.S. v. Wong Kim Ark, 169 U.S. 649 (1898) (citing and quoting Minor and its recitation of Vattel's definition of "citizen" and "natural born citizen").

Rep. John Bingham, in the House on March 9, 1866, in commenting on the Civil Rights Act of 1866 which was the precursor to the Fourteenth Amendment, repeated Vattel's definition when he said: "[I] find no fault with the introductory clause, which is simply declaratory of what is written in the Constitution, that every human being born within the jurisdiction of the United States of parents not owing allegiance to any foreign sovereignty is, in the language of your Constitution itself, a natural born citizen. . . . ” John A. Bingham, (R-Ohio) US Congressman, March 9, 1866 Cong. Globe, 39th, 1st Sess., 1291 (1866), Sec. 1992 of U.S. Revised Statutes (1866).

Obama fails to meet Article II's “natural born Citizen” eligibility test because when he was born in 1961 (where ever that may be), he was not born to a United States citizen mother and father. At his birth, his mother was an United States citizen. But under the British Nationality Act of 1948, his father, who was born in the British colony of Kenya, was born a Citizen of the United Kingdom and Colonies (CUKC) which by descent made Obama himself a CUKC. Prior to Obama’s birth, Obama’s father neither intended to nor did he become a United States citizen. Being temporarily in the United States only for purpose of study and with the intent to return to Kenya, his father did not intend to nor did he become even a legal resident or immigrant to the United States.

At best, Obama may be a plain born “citizen of the United States” under the 14th Amendment (if he was born in Hawaii). But he is not an Article II "natural born Citizen," for upon Obama's birth his father was a British subject and Obama himself by descent was also the same. Hence, Obama was born subject to a foreign power. Obama lacks the birth status of natural sole and absolute allegiance and loyalty to the United States which only the President and Commander in Chief of the Military and Vice President must have at the time of birth. Being born subject to a foreign power, he lacks Unity of Citizenship and Allegiance to the United States from the time of birth which assures that required degree of natural sole and absolute birth allegiance and loyalty to the United States, a trait that is constitutionally indispensable in a President and Commander in Chief of the Military. Like a naturalized citizen, who despite taking an oath later in life to having sole allegiance to the United States cannot be President because of being born subject to a foreign power, Obama too cannot be President.

Our nation is now debating what a “natural born Citizen” is and whether Obama meets that definition which would make him eligible to be President and Commander in Chief of the Military. We have seen above that, even if he was born in Hawaii, he does not meet that test and is therefore not eligible for the Office of President. Concerned citizens asked Obama to clear this matter up but he has refused all such requests and rather litigated at great expense against the interest of the nation that he is suppose to represent. These concerned citizens then asked both Congress and the Judiciary to resolve the debate. But neither of these two branches of government has so far wanted to get involved. What else are the people to do to have their grievances brought to justice and heard?

Whatever the outcome of the debate, Vattel expressed his sentiments perfectly. I want to share with you what he wrote in the Preface to his 1758 first edition which he wrote in French:

"As to the rest, I have, both in these examples and in my reasonings studiously endeavoured to avoid giving offence; it being my intention religiously to observe the respect due to nations and sovereign powers: but I have made it a still more sacred rule to respect the truth, and the interests of the human race. If among the base flatterers of despotic power, my principles meet with opponents, I shall have on my side the virtuous man, the friend of the laws, the man of probity, and the true citizen.

I should prefer the alternative of total silence, were I not at liberty in my writings to obey the dictates of my conscience. By my pen lies under no restraint, and I am incapable of prostituting it to flattery. I was born in a country of which liberty is the soul, the treasure, and the fundamental law; and my birth qualifies me to be the friend of all nations. These favourable circumstances have encouraged me in the attempt to render myself useful to mankind by this work. I felt conscious of my deficiency in knowledge and abilities: I saw that I was undertaking an arduous task; but I shall rest satisfied if that class of readers whose opinions are entitled to respect, discover in my labours the traces of the honest man and the good citizen." http://www.constitution.org/vattel/vattel-01.htm

Indeed, Vattel wrote with a clear conscience and pure purpose and asked for history to be his judge.

Mario Apuzzo, Esq.
185 Gatzmer Avenue
Jamesburg, New Jersey 08831
http://puzo1.blogspot.com/
November 2, 2009

Live and Let Live Talk Radio Show - Rule of Law Radio Network - 10 PM EST Sunday 01 Nov 2009

Live and Let Live Talk Radio Show - Rule of Law Radio Network - 10 PM EST Sunday 01 Nov 2009.

Mario Apuzzo, Attorney, and Charles Kerchner, Lead Plaintiff, in the Kerchner v Obama & Congress lawsuit were on the Live and Let Live Radio Show on 90.1 FM out of Austin TX, 1 Nov 2009, at 10 p.m. EST. They discussed the recent appeal filed to the U.S. 3rd Circuit Court of Appeals in Philadelphia, PA for the case and take questions. See link to show website below for details to listen to the podcast of the show in their archives.

Network/Station Website: http://www.ruleoflawradio.com/

Help the Cause: http://www.protectourliberty.org/

The DC District Court Is Not the Only Court In Which to File a Quo Warranto Action

I do not agree with the notion that only the DC District Court has general jurisdiction over a Quo Warranto petition. The DC district court would have exclusive original jurisdiction over such a petition only if a party is not able to prove that a district court other than the DC court has original jurisdiction in the case any other way. If a party wants to avoid having to file its action under the DC code in the DC district, that party must show the forum court that it has original jurisdiction by way of some other constitutional or statutory provision. This means that the party cannot rely upon the quo warranto action alone to try to prove that the forum district court has original jurisdiction. If the party can prove that the court has original jurisdiction otherwise by showing that it has an underlying claim based on some other constitutional or statutory provision which gives that court original jurisdiction, the party is neither compelled to use the DC statute nor the DC district court but rather can file the party’s quo warranto petition in any district of the United States seeking relief in conjunction with that underlying statutory or constitutional provision which is the basis for the court to assert original jurisdiction in the first instance. In such later case, the quo warranto jurisdiction is ancillary to the court's original jurisdiction that rests on a separate and distinct constitutional or statutory provision in the first instance. Under such circumstances, the district court would obtain ancillary jurisdiction over the petition for quo warranto under 28 U.S.C. Sec. 1651(a) (the All Writs Act), for the court would already have original jurisdiction over plaintiff’s other claims. See United States of America Ex Rel. State of Wisconsin, Plaintiff-appellant, v. First Federal Savings and Loan Association and Federal Home Loan Bank Board, Defendants-appellees, 248 F.2d 804 (7th Cir. 1957).

In the scenario described, the quo warranto jurisdiction is said to be ancillary to the court's original jurisdiction that rests on a separate and distinct statutory or constitutional provision in the first instance. Under such circumstances, the district court would obtain ancillary jurisdiction over the petition for quo warranto under 28 U.S.C. Sec. 1651(a) (the All Writs Act which authorizes the court to "issue all writs necessary or appropriate in aid of their respective jurisdictions and agreeable to the usages and principles of law"), for the court would already have original jurisdiction over plaintiff’s other claims. Under such circumstances, the All Writs Act may be used because the party is not using the act to augment the jurisdiction of the court but rather only petitioning the court that it issue the quo warranto writ as an aid to the court's already existing original jurisdiction.

As far as showing that the Court has original jurisdiction otherwise than through the quo warranto action, one has to put forward a cause of action based on the Constitution or federal statute that gives the court that original jurisdiction. In the Kerchner complaint, I have included various original jurisdiction constitutional claims. These claims are based on the First (redress of grievances), Fifth (deprivation of liberty, safety, security, and tranquility without procedural and substantive due process of law and denial of equal protection), and Ninth Amendment (denial of rights retained by the people), all of which support the independent quo warranto action and which provide the original jurisdictional foundation on which the quo warranto rests. Quo warranto is an ancient common law writ. The Ninth Amendment, which preserves for the sovereign We the People their ancient common law remedies and writs, takes the place of the D.C. statute.

Mario Apuzzo, Esq.
185 Gatzmer Avenue
Jamesburg, New Jersey 08831
http://puzo1.blogspot.com/
October 31, 2009

A 'Natural Born Citizen' Graphic - A Picture Says A Thousand Words!

A "Natural Born Citizen" Graphic - A Picture Says A Thousand Words!Click on Image to Enlarge.

95%+ of American "citizens" are" Natural Born" citizens.
It is from This Group per Article II of our Constitution the President
and Commander-in-Chief of the Military Must be Chosen.
Obama is Not a "Natural Born" Citizen Since His Father was Not a U.S. Citizen!
Questions as to Obama's Physical Place of Birth Exist Too.

This new graphic was created by an Erica at the http://www.jeffersonsrebels.blogspot.com/ blog. Another graphic using a Euler Diagram logical analysis format was done by TheBirthers.org. Whether using the left side or right side of the brain type imagery, the message is clear, Obama is NOT a Natural Born Citizen of the USA since his father was not a Citizen of the USA or even an immigrant to the USA when Obama was born.

Help the Cause: http://www.protectourliberty.org/

Kerchner Appeal Filed with Third Circuit Court of Appeals in Philadelphia PA

This is to give notice that today, Tuesday, October 27, 2009, at 2:19 p.m., I filed a Notice of Appeal to the Third Circuit Court of Appeals in Philadelphia PA of Judge Jerome B. Simandle’s dismissal of the Kerchner et al. v. Obama & Congress et al. case.

Recently, the Hon. Jerome B. Simandle decided the Kerchner case, granting the defendants’ motion to dismiss the case. As I explained, through the dismissal, Judge Simandle avoided having to reach the merits of the question of whether Obama is an Article II “natural born Citizen” and eligible for the Office of President and Commander in Chief.

In the Kerchner complaint/petition, we allege that Obama has not conclusively proven that he was born in Hawaii. More importantly, we also allege that he is not an Article II "natural born Citizen" because when Obama was born his father was a British subject/citizen and Obama himself was the same, citing E. Vattel’s, The Law of Nations (1758) and John Jay’s letter of 1787 to then-General George Washington regarding providing a strong check on keeping foreign influence out of the Office of Commander in Chief by requiring that only a “natural born Citizen” occupy that critical and powerful office. As a naturalized citizen cannot be President because of being born subject to a foreign power, neither can Obama. It is important to understand that the Court did not rule in the Kerchner case that Obama has conclusively proven that he was born in Hawaii. It is also important to understand that the Court did not rule that Obama is an Article II “natural born Citizen.” Rather, the Court dismissed the plaintiffs’ case because of jurisdiction (Article III standing and prudential standing) and the political question doctrine without commenting on the underlying merits of whether Obama is constitutionally qualified to be President and Commander in Chief of the Military. The Court also did not rule that the plaintiffs’ claims are frivolous. 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.

A court cannot refuse to hear a case on the merits merely because it prefers not to due to grave social or political ramifications. As I have shown in my essay entitled, The 'Real' Kerchner v. Obama & Congress Case Is On Its Way to the Higher Courts of Justice, 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.” It is my hope that the public will take the time to read the Kerchner complaint/petition and the legal briefs that were filed supporting and opposing the defendants’ motion to dismiss so that it can learn first hand what the Obama ineligibility case is really about and draw an intelligent and informed decision on whether Obama is constitutionally qualified to be President and Commander in Chief of the Military.

The case is now with the Third Circuit Court of Appeal in Philadelphia, PA, which court we hope will decide the real Kerchner case and thereby reverse the decision of the Federal District Court. 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 and Commander in Chief of the Military. It is our position that because Obama was born with conflicting allegiances and citizenships at birth (British and U.S., if he was born in Hawaii), he cannot be President and more so Commander in Chief of our military men and women.

Mario Apuzzo, Esq.
185 Gatzmer Avenue
Jamesburg, New Jersey 08831
http://puzo1.blogspot.com/
October 27, 2009

P.S. Here is a link to educational information on Understanding the Federal Courts Appeal Process.