Friday, November 19, 2010

Unconstitutionally Elected & Seated State & Federal Officials Can and Have Been Removed. A Popular Election Does Not Trump or Amend the Constitution

Ineligible and Unconstitutionally Elected & Seated State & Federal Officials Can and Have Been Removed. A Popular Election Does Not Trump or Amend the Constitution

by: CDR Charles Kerchner (Ret)
http://www.protectourliberty.org/

Obama is NOT Article II constitutionally eligible to be the President
and Commander of our military. Obama is NOT a "natural born Citizen" to constitutional standards.
Obama's father was NOT a U.S. Citizen. Obama's father was not an immigrant to the United States. Obama's father was a foreign national, a British Subject. Obama is the child of an alien father who was sojourning in the U.S. attending college. Obama was born a British Subject via his father and is still such to this day. Obama has never conclusively proved he was born in Hawaii. Obama's paternal family in Kenya, Kenyan government officials, and newspapers in Kenya say he was born in Kenya. Obama's maternal grandmother likely falsely and illegally registered him as born in Hawaii to get him, her new foreign-born grandson, U.S. Citizenship.

History shows us that a popularly elected, but ineligible, chief executive in the executive branch of a government can be legally and constitutionally removed from office, e.g., Governor Thomas H. Moodie of North Dakota was a prime example. After he was sworn in and serving as Governor, the North Dakota State Supreme Court ordered Governor Moodie removed from office, after it was determined that he was constitutionally and legally ineligible to serve in the office to which he was popularly elected.
http://history.nd.gov/exhibits/governors/governors19.html

Also, two U.S. Senators although popularly elected and sworn in to the U.S. Senate were subsequently removed from office after it was learned that they were NOT constitutionally eligible when they were elected.
Albert Gallatin [U.S. Senator seating unconstitutional and annulled]:
http://en.wikipedia.org/wiki/Albert_Gallatin
James Shields [U.S. Senator seating unconstitutional and annulled]:
http://en.wikipedia.org/wiki/James_Shields

Thus it is very clear that winning a popular election does not trump, amend, or nullify the constitution of a state or the U.S. federal constitution. We are a nation of laws, not men. We are a constitutional republic, not a pure democracy where the current political whims of the the political majority can over rule the U.S. Constitution by a simple popular vote. Obama is not constitutionally eligible to be the President and Command in Chief of the military and should be removed from office and his election, confirmation, and swearing in annulled.

Charles F. Kerchner, Jr., Commander USNR (Retired)
Lead Plaintiff, Kerchner v Obama & Congress
Please if you can, visit this site and help the cause:
http://www.protectourliberty.org/
http://puzo1.blogspot.com
####

10 comments:

Ted said...

I've re-read your Petition for Writ of Certiorari now that the Nov 23 date is approaching. The thing that hits me is that your magnificent piece of work is and will be historic for either of two reasons: (1) as the basis for address by the Supreme Court or (2) as the basis for redress by the people.

I pray, as I am certain you do, that the document is historic for the first reason, and not the second. But, either way, it WILL be historic.

Thank you.

Ted said...

SARAH PALIN CAN SAVE AMERICA WITH ONE SIMPLE ACT

Governor Palin is a courageous person, no doubt. In view of her massive following, if she would simply, briefly, tweet about the upcoming case before the US Supreme Court next week, it would change the course of American history.

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!

Ted said...

WOW!! Go here:--

http://giveusliberty1776.blogspot.com/

Ted said...

and ho here:--

http://giveusliberty1776.blogspot.com/2010/11/appeal-to-contact-sarah-palin.html

Ted said...

and also go here:--

http://giveusliberty1776.blogspot.com/2010/11/gul-reader-writes.html

Ted said...

AN APPEAL TO CONTACT SARAH PALIN…
EVERYONE…do what you can to contact Sarah Palin and tell her to reach out to all America and let everyone know about the Writ of Certiorrai before the Supreme Court and the pending decision to hear the Petition from Cdr. Kerchner re: Obama’s eligibility on Novemeber 23.

PLEASE READ THE POST BELOW FROM GUL READER, TED, WHICH PROVIDES PERSPECTIVE.

If you can Tweet, write on her Facebook or you anyway know how to contact her, please do so today! Time is of the essence!

If you want to write to Sarah Palin (express mail would be best) her address is:

Gov. Sarah Palin
1140 W. Parks Highway
Wasilla, AK 99654
Posted by giveusliberty1776 at 9:49 AM 0 comments
A GUL READER WRITES..

SARAH PALIN CAN SAVE AMERICA WITH ONE SIMPLE ACT

Governor Palin is a courageous person, no doubt. In view of her massive following, if she would simply, briefly, tweet about the upcoming case before the US Supreme Court next week, it would change the course of American history.

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!

Ted said...

this is what's been going to Palin blogs:--

* * *

Take a look at these two, The Power of Palin:

http://giveusliberty1776.blogspot.com/2010/11/appeal-to-contact-sarah-palin.html

http://giveusliberty1776.blogspot.com/2010/11/gul-reader-writes.html

Spaulding said...

Ted, while I strongly support most of your assertions, it is not true that no Congressman has raised the issue. In December of 2009, Georgia Congressman Nathan Deal sent a letter to the White House asking for verification of eligibility. While I would have preferred that he have couched the question differently - he asked for a valid birth certificate which does not confirm that Obama is a natural born citizen - he raised the issue.

At the time, Deal had already announced his intention of running for Governor of Georgia, but the mob still came after him with ethics charges based upon a re-examination of his tax filings for some years prior to 2009. Deal resigned rather than try to fight the unlimited resources of the 'Justice' Department, which refused to investigate voter fraud and intimidation if blacks were involved. Of course the White House never responded to Deal's letter directly, but the ethics charges were probably a shot across the bow for any other legislator who might dare to ask.

Also, the web site giveusliberty1776 has what is to me some objectionable material referring to Michelle Obama. Our foundation as a nation is at issue. Name calling not only does not help, it demeans the seriousness of the cause. Sarah Palin should be, and probably is, too careful to have anything to do with personal insults. If she were to do that the media would find the connection fertile ground for associating Palin with just the categorization of Tea Parties that they are attempting to sell through the state-run media. I want Sarah to be a viable candidate for president. Association with the above mentioned web site would hurt her, and not help promote attention to the law suit.

If anyone could help at this point, because he is probably being used by the left to undermine Article II, it would be Bobby Jindal. If Jindal would publically explain that he is not eligible, and why, Obama's people could not hide. His parents were not citizens when he was born in the U.S., just like Wong Kim. Were he do to that his path to Attorney General, or even to the Supreme Court, might be paved.

Ted said...

Spaulding, excellent points.

Yes, Bobby Jindal definitely should by now have used the occasion to announce that this is precisely why he will not seek the Presidency. He has not. Why not?

In any event, only Palin (1) has the star power, (2) has the demonstrated true grit and (3) is in a position to make some oblique twitter tweet (without any connection or reference whatsoever to giveusliberty1776).

8by8 said...

The following is the 2007 winning entry from an annual contest at Texas A&M University calling for the most appropriate definition of a contemporary term. That year's term was ' Political Correctness '.
The winner wrote:

'Political Correctness is a doctrine, fostered by a delusional, illogical minority, and rabidly promoted by an unscrupulous mainstream media, which holds forth the proposition that it is entirely possible to pick up a turd by the clean end.'