Posted on 02/14/2010 11:50:10 AM PST by Man50D
On January 19, 2010, I filed the Appellants’ Opening Brief in the appeal of Kerchner et al. v. Obama et al. which is currently pending in the Third Circuit Court of Appeals in Philadelphia. In that appeal, we maintain that the New Jersey Federal District Court erred in dismissing our case by ruling that plaintiffs do not have standing to challenge Obama’s alleged eligibility to be President and Commander in Chief of the Military and that our case presents a non-justiciable political question. In our case, we have provided the Founder’s and Framers’ definition of an Article II “natural born Citizen” which is a child born in the country to citizen parents. We maintain that Obama is not an Article II “natural born Citizen” because he lacks unity of citizenship and allegiance from birth which is obtained when a child is born in the United States to a mother and father who are both United States citizens at the time of birth. Obama’s father was only a temporary visitor to the United States when Obama was born and never even became a resident let alone a citizen. Not being an Article II “natural born Citizen,” Obama is not eligible to be President and Commander in Chief.
We also maintain that Obama has failed to conclusively prove that he was born in Hawaii by publicly presenting a copy of a contemporaneous birth certificate (a long-form birth certificate generated when he was born in 1961 and not simply a digital image of computer generated Certification of Live Birth [COLB] allegedly obtained from the Hawaii Department of Health in 2007 which was posted on the internet by some unknown person in 2008) or through other contemporaneous and objective documentation. Having failed to meet his constitutional burden of proof under Article II, Section 1, Clause 5, we cannot accept him as a “natural born Citizen.”
The defendants had 30 days within which to file their opposition brief. Defendants have requested and obtained from the Court an extension of time to file their brief. The Court has granted them until March 8, 2010 to file it. After that filing, I will then have a chance to file a reply brief within the next 14 days.
You may obtain a copy of my brief at this site. We will be posting here the defendants’ opposition brief after it is filed along with my reply brief. I hope that many of you will take the time to read these briefs so that you may learn first hand what the legal issues and arguments are regarding whether the plaintiffs have standing and/or are precluded by the political question doctrine to challenge Obama on his eligibility to be President and Commander in Chief, and what the meaning of an Article II “natural born Citizen” is.
Re: Both of the Child’s Parents Be U.S. Citizens At the Time of Birth
Sen. Patrick Leahy (D-VT) agrees.
On April 10, 2008, Sens. Patrick Leahy (D-VT) and Claire McCaskill (D-MO) introduced a resolution expressing the sense of the U.S. Senate that presidential candidate Sen. John McCain (R-AZ) was a “natural born” Citizen, as specified in the Constitution and eligible to run for president.
It was during the bill’s hearing that Sen. Patrick Leahy, Chairman of the Senate Judiciary Committee, made the following statement:
“Because he was born to American citizens, there is no doubt in my mind that Senator McCain is a natural born citizen,” said Leahy. “I expect that this will be a unanimous resolution of the Senate.”
At a Judiciary Committee hearing on April 3, Leahy asked Homeland Security Secretary Michael Chertoff, himself a former Federal judge, if he had doubts that McCain was eligible to serve as President.
“My assumption and my understanding is that if you are born of American parents, you are naturally a natural-born American citizen,” Chertoff replied.
“That is mine, too,” said Leahy.
http://www.theobamafile.com/_exhibits/LeahyResolution.mht
Barack Obama signed the resolution.
So was the Senate resolution about McCain essentially worthless?
Yes. The Senate reolution has no standing in the law.
If it did, it would only reaffirm McCain’s ineligibility as a “statutory” citizen, under Title 8, US Code 1401.
The real question is, why was a bunch of partisan, progressive Democratic senators trying to help their Republican opponent in the middle of a presidential campaign?
What kind of a deal was made?
You asked “So was the Senate resolution about McCain essentially worthless?”
Read the entire article
http://nobarack08.wordpress.com/2009/08/10/senate-resolution-511-and-what-it-really-means/
As I refered to SR 511. SR511 is a non-binding, non-lawful understanding, that can not be held as a LAW. Being such, a non-binding resolution is a written motion adopted by a deliberative body that cannot progress into a law. The substance of the resolution can be anything that can normally be proposed as a motion.This type of resolution is often used to express the body’s approval or disapproval of something which they cannot otherwise vote on, due to the matter being handled by another jurisdiction, or being protected by a constitution.
Man, I never thought that would stick. lol...
AFTER-birther, it has sort of caught on hasn’t it? I love it, I also like to post early on a birther thread IBTAT, In Before the AFTER-birther Trolls.
Yea, I've noticed that. Too funny.
Obama’s attorneys will not be able to muster a defense without a direct attack on the very U.S. Constitution and the rights protected by it which are the basis of the case.
Kerchner case will test Third Circuit court’s adherence to the Constitution thread
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