Kerchner Appeal Filed with Third Circuit Court of Appeals in Philadelphia - Thanks JTX
A Place to Ask Questions To Get the Right Answers published
This is to give notice that today, Tuesday, October 27, 2009, at 2:19 p.m., I filed an appeal to the Third Circuit Court of Appeals in Philadelphia of Judge Jerome B. Simandle’s dismissal of the Kerchner et al. v. Obama & Congress et al. case.
Recently, the Hon. Jerome B. Simandle decided the Kerchner case, granting the defendants’ motion to dismiss the case. As I explained, through the dismissal, Judge Simandle avoided having to reach the merits of the question of whether Obama is an Article II “natural born Citizen” and eligible for the Office of President and Commander in Chief.
In the Kerchner complaint/petition, we allege that Obama has not conclusively proven that he was born in Hawaii. More importantly, we also allege that he is not an Article II “natural born Citizen” because when Obama was born his father was a British subject/citizen and Obama himself was the same, citing E. Vattel’s, The Law of Nations (1758) and John Jay’s letter of 1787 to then-General George Washington regarding providing a strong check on keeping foreign influence out of the Office of Commander in Chief by requiring that only a “natural born Citizen” occupy that critical and powerful office. As a naturalized citizen cannot be President because of being born subject to a foreign power, neither can Obama. It is important to understand that the Court did not rule in the Kerchner case that Obama has conclusively proven that he was born in Hawaii. It is also important to understand that the Court did not rule that Obama is an Article II “natural born Citizen.” Rather, the Court dismissed the plaintiffs’ case because of jurisdiction (Article III standing and prudential standing) and the political question doctrine without commenting on the underlying merits of whether Obama is constitutionally qualified to be President and Commander in Chief of the Military. The Court also did not rule that the plaintiffs’ claims are frivolous. By the Court finding that plaintiffs do not have standing and that their claims present a political question, the Court was able to avoid having to address the underlying merits of the Kerchner case. With such a decision, the American People unfortunately still do not know where Obama was born and whether he is an Article II “natural born Citizen” and therefore constitutionally eligible to be President and Commander in Chief.
A court cannot refuse to hear a case on the merits merely because it prefers not to due to grave social or political ramifications. As I have shown in my essay entitled, http://puzo1.blogspot.com/2009/10/real-kerchner-v-obama-congress-case-is.html, the Court’s opinion dismissing the Kerchner complaint/petition did not address the real Kerchner case but rather looked for a way to dismiss the case without having to reach the merits of the question of whether Obama is an Article II “natural born Citizen.” It is my hope that the public will take the time to read the Kerchner complaint/petition and the legal briefs that were filed supporting and opposing the defendants’ motion to dismiss so that it can learn first hand what the Obama ineligibility case is really about and draw an intelligent and informed decision on whether Obama is constitutionally qualified to be President and Commander in Chief of the Military.
The case is now with the Third Circuit Court of Appeal in Philadelphia which court we hope will decide the real Kerchner case and thereby reverse the decision of the Federal District Court. The American people deserve to know whether Obama was in fact born in Hawaii. More importantly, even if he is born in Hawaii, given that he was born with dual allegiance and citizenship, the American people deserve to know whether he is an Article II “natural born Citizen” which would make him eligible to be President and Commander in Chief of the Military. It is our position that because Obama was born with conflicting allegiances and citizenships at birth (British and U.S., if he was born in Hawaii), he cannot be President and more so Commander in Chief of our military men and women.
Mario Apuzzo, Esq.
185 Gatzmer Avenue
Jamesburg, New Jersey 08831
October 27, 2009
“The case is now with the Third Circuit Court of Appeal in Philadelphia which court we hope will decide the real Kerchner case and thereby reverse the decision of the Federal District Court.”
Nope, not going to happen.
Oh good luck with that. Another fail! I believe Mario was born with conflicting cranial hemispheres and therefore I believe him to not be human and even if he were human I still believe the conflicting hemispheres makes him ineligible to be human. That’s about the status of your cases.
It looks as though there a couple of the DOJ paid Flying Monkeys posting the Obot nonsense on this thread.
They’re obviously done no reading of the particulars but just bash away per the DOJ CliffsNotes. Good little employees who care naught about their own country and think it’s just fine to have someone who has never shown himself to be eligible for the office he holds.
For their sake they’d better take their 30 pieces of silver while they can!
JTX,
Great Comment and Oh how truthful. I agree completely with what you have to say. Yes, these Judas’s had better enjoy their few pieces of silver while they can. I can’t imagine ever knowing anyone so low life and degenerate as those who spout hatred toward Patriots and Lovers of Freedom.
But again I had Christian, Patriotic , Moral parents to teach me the way. Sadly, those above never were as fortunate to have had Godly Parents and lasting principles taught to them.
jtx,
Good one! Hit the target dead center! If they weren’t so scared, why would they make such an effort to bad-mouth it here?
Unfortunately I believe that the Judges are total sell-outs, they see the Change to a Totalitarian country and will what ever ass that guarantees their position.
Local and State Judges should be Elected non-Partisan positions and Lawyers should be excluded from running! Federal judges must be picked from State Judges, and the sitting ones should be investigated and impeached for anti- or un-Constitutional decisions!! In ten years we could have Judges with JUDGEMENT!!
Old Joke - What do you call a lawyer with an I.Q. less than 75? Your Honor!!
Morgan is moral and that says it all folks. ps writting my suit then I need to Iron it ps I need some addresses can anyone assist me in this???
Rev Charles,
Thank you my friend for your kind words and respect for me. I am no different than any other person as I am a sinner who was saved by GRACE. I try to live the Life that Christ would want me to be but at times I falter like the rest of us.
Each day that passes I miss my parents more and more as I find that I was so fortunate and undeserving to have had 2 such wonderful parents who not only cared for my physical needs in life, but more importantly my sopiritual life. But, they lived their Christian life in service to others before themself and Placed God and Country above all other things. Boy I miss them, especially when more and more I see so many people who obviously wasn’t as fortunate as I to have had two righteous and Godly pricipled parents to instruct them.
Again, Thank you for your comment. Coming from a well renown and respected Christian Minister as yourself, that means the world to me my friend.
God Bless and Keep you well.
Interesting. We can look for this decision around April or May of 2010, perhaps longer.