Friday, October 23, 2009

Kerchner: On the Constitution, the Sovereign, and Sovereign Immunity


Kerchner: On the Constitution, the Sovereign, and Sovereign Immunity


by: Charles F. Kerchner, Jr., Commander USNR (Retired)

We will not let them ignore and burn our Constitution. They can not ignore the black letter law words of Article II as to Presidential and CINC eligiblity. And where in the federal Constitution does it say they can force the People to buy anything, let alone a National Socialist Government Health Care System. Pelosi cannot get away with saying when asked of her, where in the Constitution does it give you the authority to do what you are doing, and she says with that plastered smile on her face to the questioner, "Are you serious?" What has become of our leaders such as Pelosi and Obama when they think they are superior to the Constitution and rule of law. We the People need to educate these people, and the courts, as to who is really the Sovereign in our Constitutional Republic.

In the case of constitutional issues We the People and/or the Constitution created by We the People are sovereign. The fundamental law of our nation, the Constitution, can only be changed by amending it by the process provided in that Constitution, not by a branch of the federal government usurping it or ignoring it. Congress cannot amend the Constitution by itself and certainly not with a simple majority vote. It takes a vote of 2/3 the members of Congress to put forward such an amendment to the several states and ratification by 3/4 of the several states of our nation. We are a Constitutional Republic, not a pure democracy. All rights and power not given to the federal government by the Constitution is reserved to the several states and to the People. See the 9th and 10th Amendments in the Bill of Rights for the details on that fact. 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 and simplistic standing arguments. 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 and the federal courts protect the usurpers using recently created court rules such as standing, which is not in or part of the Constitution, to keep We the People from seeking redress from our government via the legal system from the ignoring and violating of the Constitution by other branches of the federal government. The federal courts are supposed to be the guardians of the Constitution not the guardians of the usurpers. The judges should re-read their oath of office and take it seriously.

With regard to claims of sovereign immunity by the 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.

We the People are the sovereigns and the Constitution is the supreme, fundamental, sovereign law in our federal system. The President and Congress are not above the law. No executive order or statutory law passed by them is supreme to the Constitution and the inalienable rights of We the People. I did not swear an oath to defend a man or any particular person serving as the President or a piece of land. I swore an oath to support and defend the Constitution. We the People retain the ancient right of the sovereign, which is us in our system, to bring a Quo Warranto charge against a usurper Putative President. And I did so in my lawsuit. Any order or law made by Congress or anyone else in our federal government which stands in the way of We the People's inalienable right to protect our Constitution, which we created, from a usurper must fall. Those laws must fall by the wayside as subservient and that they are not applicable to blocking our inalienable rights and cannot be allowed to block the People getting answers in the federal courts to Constitutional questions. 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., Commander USNR (Retired)
Lead Plaintiff, Kerchner et al vs. Obama & Congress et al
Please help the cause if you can: http://www.protectourliberty.org/
23 October 2009

9 comments:

jayjay said...

Well said, Commander!!

The only truer words I've seen are, perhaps, those in the Constitution itself.

It may also be that there's some analagous insight in this:

"In the Year 1773 arose a Controversy concerning the Independence of the Judges. The King had granted a Salary to the judges of our Superior Court and forbidden them to receive their Salaries as usual from the Grants of the House of Representatives, and the Council and the Governor, as had been practiced till this time. This as the judges Commissions were during pleasure made them entirely dependent on the Crown for Bread [as] well as office."
- John Adams, 2nd President

... and then from the same founder a few years later, there is this:

"The Revolution was effected before the war commenced. The Revolution was in the hearts and minds of the people ... This radical change in the principles, opinions, sentiments, and affections of the people was the real American Revolution."

William said...

Mario & Charles.

Take a few days off. One of your other commenter’s mentioned this as well. All of our greatest scientific and analytical World discoveries came during “Eureka” moments! Albert Enstein, Isaac Newton, Thomas Edison, Benjamin Franklin, Galileo Galilei Louis Pasteur, Jonas Salk, Founding Fathers alike, discovered such during the most difficult trials and tribulations in their lives, likewise at the most difficult moments and surprisingly at the most relaxed time unexpectedly.

I’ll bet that if you in fact took a day or two off Mario and went fishing, clearing your mind briefly, you (like Benjamin Franklin) would figure out how to, with exact precision, Bait what you intend, hook what you need and reel-in what seek. Of this, I have no doubt and the upmost confidence in you.

libertyforusa said...

This Congress is an abomination, the absence of justice is becoming palpable for the case of the sovereign individual.
The people have only themselves left to save our freedom.
Corruption of power has systemically worked itself into all the branches leaving the people alone to try and defend their interests from those who have betrayed our trust.
We all stand injured now, irreparably, and watch as our public servants refuse to act.
Those that are trying to act need to be supported, and reinforced.
They also need our thanks and our gratitude. Thank you both for what you are doing.

cfkerchner said...

Hi all,

Ignore the biased political party shot headline but read the first paragraph of this latest poll and survey. 30% of all Americans polled believe that Obama was not born in the USA. That is hardly a fringe percentage. When is the Main Stream Media and so called free press and 4th estate of our government going to investigate this matter with the power of the press. And when are our federal judges and Congress going to live up to their oaths? Will they wait until 55% of the People don't believe the Usurper in Chief is not eligible and was not born in the USA and 5,000,000 people are marching in the streets of Washington demanding the Usurper's removal. What does it take to get our media and government to uphold Article II of the U.S. Constitution?

30% of Americans Have Doubts as to Where Obama Was Born


Charles Kerchner
CDR USNR (Ret)
Lead Plaintiff
Kerchner v Obama & Congress
Help me get the word out. Visit this site and do what you can to help. And spread the word and link to other blogs. We need your support and help to get the message to the print media and its readers where it cannot be scrubbed by Obama's Blog Squad and helpmates at Google:
http://www.protectourliberty.org

James said...

Mario and Charles,

Has this been confirmed or is it a hoax?

Story Published: Oct 23, 2009 at 8:50 PDT

PostPosted: 23 Oct 2009 15:25 Post subject: orly Taitz! SI! Reply with quote

¡Es increĆ­ble! ¡Orly Taitz ha ganado! ¡Come mierda, Obama!

By WIRE SERVICES

Story Published: Oct 23, 2009 at 8:50 PDT

SANTA ANA — In a move that has the Plantiffs "amazingly overjoyed," Judge David O. Carter has turned down the Government's motion for Dismissal in the case of Barnett vs. Obama.

"This is a victory for democracy and the people of America," Rancho Santa Margarita-based attorney Orly Taitz said after this morning's early meeting in the Judge's offices.

"This means that, come January, the President of the United States will be forced to come into this same courtroom and explain his massive fraud to the American people."

Taitz represents Capt. Pamela Barnett and other military officers who question orders from the commander in chief, as well as Presidential Candidate Alan Keyes. She has tried similar lawsuits elsewhere, but has failed, most recently in Georgia, where U.S. District Court Judge Clay Land not only rejected the lawsuit Taitz filed, but then fined her $20,000 for filing a "frivolous" appeal.

Taitz is joined in this lawsuit by Ramona-based lawyer Gary G. Kreep, who unsuccessfully tried to sever his case from hers.

"I'm astounded, quite frankly," Kreep commented. "I really thought, after the last Court session, that we weren't going to get this far. I guess I should have given Judge Carter more credit than I did."

The case revolves around whether President Barack Obama was born in the United States. In the previous hearing, in which the Government presented its Motion to Dismiss the case, Carter seemed skeptical that a courtroom was the appropriate place for such a matter to be decided.

Department of Justice attorneys Roger West and David DeJute had argued that only Congress can remove a president through impeachment. The only way the courts could be involved was to have the chief justice of the Supreme Court preside over the impeachment trial.

Both West and DeJute refused to comment.

cfkerchner said...

Hi James,

As far as I know it is a hoax as well as the other one out there today about someone finding Obama's Columbia U thesis. It looks like the Obots are in high gear with their organized KGB style disinformation work the last 24 hours.

Here is a good article which was in the Post n Email blog about KGB style tactics that Obama and his Maoist supporters use to keep our side off balance. That and the Saul Alinsky Rules for Radicals tactics.

http://thepostnemail.wordpress.com/2009/10/22/10-kgb-tactics-used-by-obots-and-obama-maniacs/

The White House lead "blog squad" is out in full force these days since we are gaining traction. The People are waking up and learning more and more that Obama is a Usurper and is not who he says he is.

3 in 10 Americans now believe Obama not born in the USA. That is hardly a fringe segment any longer:
http://www.angus-reid.com/polls/view/34338/

Charles

jayjay said...

James:

The paid for DOJ "bloggers" are at their little mis/disinformation antics again.

As you know if it's not in the Docket of the court - it ain't there and this little "bit" ain't in the docket and it claimed the "meeting" was "early morning" which would entail (for starters) Kreep driving 120 miles or so on no notice not to mention the "DOJ staff" (who supposedly had "no comment").

Looks like a "creative" lie. I wonder what the Obots think they gain by these sorts of lies since the source is readily apparent. People will certainly have them well calibrated for the liars they are!!

DixHistory-dot-com said...

No doubt you are correct and the law is as you see it.

The agenda of the new world order has to be halted. This judge is one of many that say nothing as our Republic is torn apart.

In my opinion there are only two reasons for Obama not to fully disclose all his records including his vault copy birth certificate.

1. They will show that he really is not a basic citizen of these United States.

2. He is using the hunt for these records as a smoke screen and to muddy the waters on the real legal issue of his British Birth.

3. I can think of no other honest or dishonest reason not to show your papers as the people have a right to know who sits as their POTUS.

www.dixhistory.com/obama.htm

Benaiah said...

Thanks Charles and Mario...