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Judge Tosses Eligibility Case Against Congress
wnd.com ^ | October 21, 2009 | Bob Unruh

Posted on 10/22/2009 10:37:00 AM PDT by kellynla

A federal judge has dismissed a lawsuit filed by Charles F. Kerchner Jr. and others against Congress, alleging members of that institution failed in their constitutionally specified responsibility to evaluate Barack Obama and make sure of his eligibility to occupy the Oval Office.

Attorney Mario Apuzzo had filed the action in January on behalf of Kerchner, Lowell T. Patterson, Darrell James Lenormand and Donald H. Nelson Jr. Named as defendants were Barack Hussein Obama II, the U.S., Congress, the Senate, House of Representatives and former Vice President Dick Cheney along with House Speaker Nancy Pelosi.

The case focuses on the alleged failure of Congress to follow the Constitution. That document, the lawsuit states, "provides that Congress must fully qualify the candidate 'elected' by the Electoral College Electors."

(Excerpt) Read more at wnd.com ...


TOPICS: Constitution/Conservatism; Government
KEYWORDS: birthcertificate; birthers; certifigate; eligibility; obama; potus
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I didn't see this already posted. So here it is.
1 posted on 10/22/2009 10:37:02 AM PDT by kellynla
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To: kellynla
I didn't see this already posted. So here it is.


Kerchner Eligibility Lawsuit Dismissed on Standing


2 posted on 10/22/2009 10:39:34 AM PDT by deport
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To: kellynla

Bush1 appointee

Simandle, Jerome B.

Born 1949 in Binghamton, NY

Federal Judicial Service:
Judge, U. S. District Court, District of New Jersey
Nominated by George H.W. Bush on April 1, 1992, to a new seat created by 104 Stat. 5089; Confirmed by the Senate on May 21, 1992, and received commission on May 26, 1992.

U.S. Magistrate, U.S. District Court for the District of New Jersey, 1983-1992

Education:
Princeton University, B.S.E., 1971

University of Stockholm, Sweden, Dipl. Soc Sci, 1975

University of Pennsylvania Law School, J.D., 1976

Professional Career:
Law clerk, Hon. John F. Gerry, U.S. District Court, District of New Jersey, 1976-1978
Assistant U.S. attorney, District of New Jersey, 1978-1983
Attorney in charge of Trenton office, 1982-1983

Race or Ethnicity: White

Gender: Male


3 posted on 10/22/2009 10:42:02 AM PDT by NormsRevenge (Semper Fi ... Godspeed .. Monthly Donor Onboard)
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To: deport

Foreign Muslim terrorists have standing in U.S. Courts and SCOTUS but American citizens (serfs) do not.

The judiciary is totally corrupt.


4 posted on 10/22/2009 10:42:14 AM PDT by Frantzie (Do we want ACORN running America's health care?)
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To: NormsRevenge

Why do the citizens of the US have to play this GAME:

What is the proper way to enforce the terms of the Constitution, namely the eligibility of candidates to “run” and to “serve” as POTUS?

If this is a guessing game, relying on “trial & error”, we can lose our country before we find out.

Is that what the FRAMERS intended??


5 posted on 10/22/2009 10:47:18 AM PDT by noah (noah)
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To: Frantzie

We need an American Oliver Cromwell (Lord Defender of the Republic) who had judges hung who did not follow the laws as wriiten.


6 posted on 10/22/2009 10:52:10 AM PDT by DarthVader (Liberalism is the politics of EVIL whose time of judgment has come.)
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To: kellynla

It’s pretty obvious that no one in the country has standing.


7 posted on 10/22/2009 10:52:41 AM PDT by Venturer
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To: NormsRevenge
Gender: Male

Hardly. It takes b@lls to go after a sitting president and apparently Simandle doesn't have any nor has the moral where with all to stand up to what's right. One would also think that there is one judge out there who would gladly hear this if for nothing else but to get their 15 minutes of fame. The Judicial Branch are gutless wonders and should be ashamed of themselves.

8 posted on 10/22/2009 10:59:49 AM PDT by bgill (The framers of the US Constitution established an entire federal government in 18 pages.)
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To: noah

Why do the citizens of the US have to play this GAME:

What is the proper way to enforce the terms of the Constitution, namely the eligibility of candidates to “run” and to “serve” as POTUS?

If this is a guessing game, relying on “trial & error”, we can lose our country before we find out.

Is that what the FRAMERS intended??


There are two proper ways: One is for each of the 50 states’ chief election official, usually the Secretary of State for each state to do their job and verify each candidate’s eligibility before they are allowed on the ballot. All it would take is any one state’s Secretary of State to not allow a candidate’s name on the ballot to doom that candidate.

The second way is for any one member of the 100 members of the US Senate and any one member of the 435 members of the US House of Representatives to submit a written objection to the certification of the vote of the Electoral College at the joint session of Congress which is held to count and officially certify the Electoral College votes with the outgoing Vice President of the United States presiding. If a written objection to the certification of the Electoral College vote is received, that automatically triggers an investigation into the reasons for the objection.
In short, three people: One Secretary of State and two members of Congress could stop an ineligible candidate.


9 posted on 10/22/2009 11:00:51 AM PDT by jamese777
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To: kellynla

These judges refusing to be activist must really be upsetting the trial lawyers involved.


10 posted on 10/22/2009 11:05:07 AM PDT by kukaniloko
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To: kellynla

I don’t think that the courts are going to be much help with this issue, at least for now. However, when Obamalongadingdong runs for reelection, he will need to be certified in every state. The smart move is to have 50 challenges to his eligibility to be a candidate standing by.

I see no way that anything could happen to remove him from office during this term.

BTW, for the record: I believe that OBH was born in Hawaii in 1961. However, there seems to be something in his records that he does not want the American people to see, and that something will no doubt seriously hurt his chances for election to public office and perhaps affect his eligibility (i.e. son of British Subject)


11 posted on 10/22/2009 11:06:43 AM PDT by centurion316
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To: noah

I suspect the Framers never dreamed of the level of corruption that exists in the government and judiciary.

Then again:
“We have no government armed with power capable of contending with human passions unbridled by morality and religion. Avarice, ambition, revenge or gallantry, would break the strongest cords of our Constitution as a whale goes through a net. Our Constitution was made only for a moral and religious people. It is wholly inadequate to the government of any other” John Adams


12 posted on 10/22/2009 11:08:42 AM PDT by algernonpj (He who pays the piper . . .)
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To: centurion316
BTW, for the record: I believe that OBH was [blah, blah, blah-blah-blah, blah].

For what record? And why bother making such a statement?

13 posted on 10/22/2009 11:10:26 AM PDT by bvw
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To: deport
"Kerchner Eligibility Lawsuit Dismissed on Standing"

Get used to it - you have been screwed.

You will continue to be screwed. You will be screwed until at least 2012.
The courts either don't care or they are scared witless. The English law concept of 'Equity' does not exist any more.

(Read the Encyclopaedia Britannica at
http://www.britannica.com/EBchecked/topic/128386/common-law/40229/Growth-of-chancery-and-equity )

When they say "You have no standing" what do they mean?
They mean that you have NO RIGHTS. You have no LEGAL RIGHTS. You do not matter. You are unimportant. You are the cannon fodder to be sent to do the Messiah's bidding.

Welcome to the world of the lawyer - the FACIST WORLD. The person who said "first kill all the lawyers" was a playright I believe, but that does not stop him from being regarded as very perceptive.

14 posted on 10/22/2009 11:10:38 AM PDT by I am Richard Brandon
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To: bvw

Don’t want any one to think that I believe for a minute most of the silly nonsense that he was born outside the U.S. I’m prepared to believe it, but need to see some credible evidence first and none has surfaced. And, yes, I recognize that he has done a great job hiding many aspects of his past - any self-respecting Marxist would do the same thing. Blah, Blah, Blah.


15 posted on 10/22/2009 11:23:46 AM PDT by centurion316
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To: kellynla

We need more lamp posts. And more rope. No one likes long lines.


16 posted on 10/22/2009 11:25:40 AM PDT by Smokin' Joe (How often God must weep at humans' folly. Stand fast. God knows what He is doing.)
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To: centurion316

We know about “son of a British subject” without having to see anything we haven’t seen already, so that can’t be what he’s hiding. I believe it has something to do with claiming foreign citizenship for school, passport, or other purposes at various times in his life. Indonesian? Kenyan? Who knows?


17 posted on 10/22/2009 11:59:57 AM PDT by Genoa (Luke 12:2)
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To: centurion316

Why do you set your course on the basis of what others think you believe?


18 posted on 10/22/2009 12:03:16 PM PDT by bvw
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To: kellynla
A federal judge has dismissed a lawsuit filed by Charles F. Kerchner Jr. and others against Congress, alleging members of that institution failed in their constitutionally specified responsibility to evaluate Barack Obama and make sure of his eligibility to occupy the Oval Office.

"Don't ask, don't tell" lives and continues to grow.

No one will officially ask for proof of eligibility for the office of President and Obama isn't going to tell us with his full birth records.

I guess the US Constitution's requirements are just suggestions.

19 posted on 10/22/2009 12:54:11 PM PDT by RJL
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To: kellynla

To summarise.

All the lack of standing Judges:

The Constitution affects everyone equally.
A Constitutional wrong affects everyone equally.
No-one has standing for a wrong which affects everyone equally.
No-one has standing at Law to redress a Constitional wrong.

Secondly:

A Constitutional wrong is a Political matter.
Courts cannot determine Political matters.


20 posted on 10/22/2009 12:58:29 PM PDT by plenipotentiary (Obama was a BRITISH SUBJECT at birth, passed to him via Pops, can't be NBC)
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