A Free Press For
A Free People Since 1997

FREE News
Alerts

WND Directory

WND
Superstore

Page 1
News

Page 2 News

WND Local News

Commentary

WND Money

Diversions

Daily
Blessing

WND TV/Radio

Whistleblower

WorldNetWeekly

G2 Bulletin

Red Alert

WND
Poll

WND Forums

Petitions

Letters to the Editor

Joke of the
Day

WND.Comics

SportsNetDaily

TV Guide

Movieguide

Weather

WND Resources

About
WND

WND
Scoops

Who Reads Us

WND
Books

Advertise with
WND

WND
RSS feeds

MOBILE.WND

News Alerts Sign
Up

Donate to WND

US
Newspapers

Foreign
Newspapers

Major
News Wires

Other
News Services

Other
Sites

Writers
Archives

Government
Officials

Search
Engines

Media

Entertainment

Job Bank

WND People

Contact
WND

Who's
Who at WND

Customer Service

Speakers and Talk Show Guests

Commentators

BORN IN THE
USA?

U.S. Supreme Court confers on Obama eligibility

Is president a 'natural-born citizen' as Constitution
requires?

Posted: November 23, 2010
9:45 pm Eastern

By Brian
Fitzpatrick
© 2010 WorldNetDaily

WASHINGTON – Is this the case that will break the presidential
eligibility question wide open?

The Supreme Court conferred today on whether arguments should be heard
on the merits of Kerchner v. Obama, a case challenging whether President
Barack Obama is qualified to serve as president because he may not be a
"natural-born citizen" as required by Article II, Section 1, Clause 5 of
the U.S. Constitution.

Unlike other eligibility cases that have reached the Supreme Court,
Kerchner vs. Obama focuses on the "Vattel theory," which argues that the
writers of the Constitution believed the term "natural-born citizen" to
mean a person born in the United States to parents who were both American
citizens.

"This case is unprecedented," said Mario Apuzzo, the attorney bringing
the suit. "I believe we presented an ironclad case. We've shown standing,
and we've shown the importance of the issue for the Supreme Court. There's
nothing standing in their way to grant us a writ of certiorari."

If the Supreme Court decides to grant the "writ of certiorari," it may
direct a federal trial court in New Jersey to hear the merits of the case,
or it may choose to hear the merits itself. The court's decision on the
writ could be announced as early as Wednesday.

(Story continues below)

If any court hears the merits of the case, Apuzzo says it will mark the
"death knell" for Obama's legitimacy.

"Given my research of what a natural-born citizen is, he cannot be a
natural-born citizen so it's a death knell to his legitimacy. What happens
on a practical level, how our political institutions would work that out,
is something else," Apuzzo told WND.

Mario
Apuzzo

Apuzzo observed it is "undisputed fact" that Obama's father was a
British subject.

A hearing on the merits "is also a death knell because it would allow
discovery so we would be able to ask him for his birth certificate, and we
don't know what that would show," according to Apuzzo. "We might not even
get to the question of defining 'natural-born citizen.' If he was not born
in the U.S., he'd be undocumented, because he's never been naturalized. We
don't even know what his citizenship status is. Hawaii has said they have
his records, but that's hearsay. We have not seen the root documents."

Another attorney who has brought Obama eligibility cases to the Supreme
Court, Philip Berg, agrees that discovery would sink Obama's presidency.

"If one court had guts enough to deal with this and allow discovery,
Obama would be out of office," Berg told WND. "We would ask for a lift of
Obama's ban on all of his documents. The last official report said Obama
has spent $1.6 million in legal fees [keeping his papers secret], and the
total is probably over $2 million now. You don't spend that kind of money
unless there's something to hide, and I believe the reason he's hiding
this is because he was not born in the United States."

"The Supreme Court has never decided to hear the merits of an
eligibility case," Berg added. "If the Supreme Court would decide to hear
a case, Obama would be out of office instantly. If Congress decided to
hear a case, Obama would be out of office."

"They're taking a different approach, arguing that both parents must be
citizens," Berg noted.

Apuzzo is arguing the "Vattel theory," which asserts that the term
"natural-born citizen" as used in the Constitution was defined by French
writer Emer de Vattel. Vattel, whose work, "The Law of Nations," was
widely known and respected by the founding fathers, used the term to mean
an individual born of two citizens.

According to Apuzzo, Congress and the courts have addressed the
question of who can be an American citizen, for example regarding former
slaves, Asian immigrants, and American Indians. However, the term
"natural-born citizen" has never been altered.

"The courts and Congress have never changed the definition," said
Apuzzo. "The founding fathers understood that the commander-in-chief of
the armed forces needed to have two American citizens as parents so that
American values would be imparted to him."

Apuzzo said the Supreme Court had clearly accepted Vattel's definition
of "natural-born citizen" in "dicta," or statements made in opinions on
cases addressing other matters. He cited Supreme Court Chief Justice John
Marshall's opinion in the 1814 "Venus" case, in which Marshall endorses
Vattel's definition.

Apuzzo also
cites the writings of founding father David Ramsay, an influential
South Carolina physician and historian who used similar language to
Vattel.

Previous cases challenging Obama's eligibility have all been rejected
on technical grounds. Numerous courts have decided that the plaintiffs do
not have "standing" to bring a suit against Obama because they have failed
to prove they are directly injured by his occupation of the Oval Office.

"To me that's false," said Berg. "The 10th Amendment refers to 'we the
people.' If the people can't challenge the president's constitutionality,
that would be ridiculous."

"My clients have a right to protection from an illegitimately sitting
president," said Apuzzo. "Every decision he makes affects the life,
property, and welfare of my clients."

Apuzzo said the founding fathers had good reason to require the
president to be a natural-born citizen.

"They were making sure the President had the values from being reared
from a child in the American system, and thereby would preserve
everybody's life, liberty and property in the process.

"They made that decision, so my clients have every right to expect the
president to be a natural-born citizen. It goes to all your basic rights,
every right that is inalienable. The president has to be a natural-born
citizen."

Related offers:

Get the free,
in-depth special report on eligibility that could bring an end to Obama's
presidency

There's a new
strategy to get answers to Obama's eligibility questions. See how you can
help.

See the
movie Obama does not want you to see: Own the DVD that probes this
unprecedented presidential-eligibility mystery!

Join the petition campaign
to make President Obama reveal his long-form, hospital-generated birth
certificate!

Want
to turn up the pressure to learn the facts? Get your signs and postcards
asking for the president's birth-certificate documentation from the Birth
Certificate Store!

Send a
contribution to support the national billboard campaign that asks the
simple question, "Where's the birth certificate?"

Get your
yard signs and rally signs that ask the same question – and make sure it's
in time for the next tea-party rally

Get your
permanent, detachable magnetic bumper stickers for your car, truck or file
cabinet – and join the campaign for constitutional integrity.

Get the
most comprehensive special report ever produced on the Obama eligibility
issue.

Previous stories:

1962
Obama articles don't mention wife, son

'62
letter from father ignores Obama, mom

Previously
unknown Obama stepsister dies

No
Obama birth certificate among passport documents

New
documents point to Indonesian citizenship

Oops!
Obama mama passport 'destroyed'

Eligibility
challenger: Bring on the evidence

Judges
evade Obama birth-certificate query

Did
Obama even write letter to 'birth hospital'?

Eligibility
challenger: Army convicted me without trial

Army
disses officer challenging Obama

Call
for Obama's resignation cites 'deceit, fraud, dishonesty'

Officer
to Army: See you in court

Call
for Obama's resignation cites 'deceit, fraud, dishonesty'

Army
slams door on Obama details

Hearing
set for officer challenging eligibility

CNN
places eligibility in primetime spotlight

Army to
'inquire' into charges against Lakin

Army
charges Lt. Col. Lakin

Retired
Army general: Lt. Col. Lakin has 'valid point'

Approaching
apocalypse: Will Obama docs surface?

'Important
question about Constitution'

Officer
challenging Obama 'reassigned'

Officer
to Obama: Burden of proof must rest with you

Officer
questioning eligibility faces new threats from Army

Army
suggests brain scan for eligibility challenger

Army
'showdown' at eligibility corral

THE FULL
STORY: See listing of more than 200 exclusive WND reports on the
eligibility issue

E-mail to a
Friend

Printer-friendly version

EMAIL BRIAN FITZPATRICK | GO
TO BRIAN FITZPATRICK ARCHIVE

|  Page 1   |  Page 2
|  Commentary   |  WND Money
|  WND TV/Radio   |  Diversions
|  G2 Bulletin   |  About Us
|  Terms of
Use   |  Privacy
|  Contact Us
|

Copyright 1997-2010
All Rights
Reserved. WorldNetDaily.com Inc.

</td></td><td align="center" valign="top" bgcolor="#FFFFFF" width=25><img src="/images/spacer.gif" width=25 height=1 border=0></td><!--- right menu bar ---->
<td align="center" valign="top" class="nav-bg" width="175">
<br>
<table cellpadding=0 cellspacing=0 border=0><tr><td><script type="text/javascript">
GA_googleFillSlot("WND_NWS_R0100");
</script></td></tr></table><br>
<table width="172" cellpadding=0 cellspacing=0 border=0>

<!-- 1 -->

<tr>
<td nowrap class="nav-head">Today's WND<br>News Highlights</td>
<td class="nav-cap" width="100%"><font size=1>&nbsp</font></td>
</tr>

<!-- 2 -->

<tr>
<td id="side_nav_bg" colspan="2"><span class="navi"><a href="index.php?fa=PAGE.view&pageId=231729" target = "_self">Anchor babies away! Congress eyes '180-degree' turn</a></span></td>
</tr>

<!-- 3 -->

<tr>
<td id="side_nav_bg" colspan="2"><span class="navi"><a href="index.php?fa=PAGE.view&pageId=231733" target = "_self">Spreadin' the glove: TSA infecting U.S.?</a></span></td>
</tr>

<!-- 4 -->

<tr>
<td id="side_nav_bg" colspan="2"><span class="navi"><a href="index.php?fa=PAGE.view&pageId=231773" target = "_self">Rush Limbaugh: 'Impostor' serving in White House</a></span></td>
</tr>

<!-- 5 -->

<tr>
<td id="side_nav_bg" colspan="2"><span class="navi"><a href="index.php?fa=PAGE.view&pageId=231413" target = "_self">Glenn Beck: Liberals mark MSNBC for death</a></span></td>
</tr>

<!-- 6 -->

<tr>
<td id="side_nav_bg" colspan="2"><span class="navi"><a href="index.php?fa=PAGE.view&pageId=231693" target = "_self">'Nightmare' federal plan resurrected from crypt</a></span></td>
</tr>

<!-- 7 -->

<tr>
<td colspan=2>&nbsp</td>
</tr>
<tr>
<td colspan=2 align=center><table cellpadding=0 cellspacing=0 border=0><tr><td><script type="text/javascript">
GA_googleFillSlot("WND_NWS_R0200");
</script></td></tr></table><br>
</td>
</tr>

<tr>
<td nowrap class="nav-head">Today's WND<br>Commentary Highlights</td>
<td class="nav-cap" width="100%"><font size=1>&nbsp</font></td>
</tr>

<!-- 8 -->

<tr>
<td id="side_nav_bg" colspan="2"><span class="navi"><a href="index.php?fa=PAGE.view&pageId=231445" target = "_self">GOProud is <i>not</i> the tea party<br> - By Joseph Farah</a></span></td>
</tr>

<!-- 9 -->

<tr>
<td id="side_nav_bg" colspan="2"><span class="navi"><a href="index.php?fa=PAGE.view&pageId=231641" target = "_self">Charlie Rangel: Bill Clinton on steroids<br> - By Mychal Massie</a></span></td>
</tr>

<!-- 10 -->

<tr>
<td id="side_nav_bg" colspan="2"><span class="navi"><a href="index.php?fa=PAGE.view&pageId=231637" target = "_self">The upside of airport outrages<br> - By Thomas Sowell</a></span></td>
</tr>

<!-- 11 -->

<tr>
<td id="side_nav_bg" colspan="2"><span class="navi"><a href="index.php?fa=PAGE.view&pageId=231461" target = "_self">Pelosi's $2 million commuting costs<br> - By Les Kinsolving</a></span></td>
</tr>

<!-- 12 -->

<tr>
<td id="side_nav_bg" colspan="2"><span class="navi"><a href="index.php?fa=PAGE.view&pageId=231717" target = "_self">Why conservatives are happier than liberals<br> - By Dennis Prager</a></span></td>
</tr>

<!-- 13 -->

<tr>
<td id="side_nav_bg" colspan="2"><span class="navi"><a href="index.php?fa=PAGE.view&pageId=231457" target = "_self">Repealing DADT = end of all-volunteer military<br> - By Herman Welch</a></span></td>
</tr>

</table>
<br>
<table cellpadding=0 cellspacing=0 border=0><tr><td><script type="text/javascript">
GA_googleFillSlot("WND_NWS_R0300");
</script></td></tr></table><br><br>
</td>
</tr></table>