Nov 24 2010
The Supreme Court of the United States conferred today on whether arguments should be heard on the merits of Kerchner v. Obama, a case challenging whether 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.
WND – 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. 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.
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.”
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.”
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.”
READ MORE: KERCHNER