Briefs for Obama Eligibility Lawsuit Scheduled

The 3rd U.S. Circuit Court of Appeals has scheduled briefs to be submitted on or before January 4, 2010, regarding Obama’s eligibility to be president.  The lawsuit filed by attorney Mario Apuzzo alleges that Congress failed in its duties to assure that Obama is eligible under the Constitutional requirement that the president be a “natural born” citizen. 

U.S. Supreme Court

In appealing to the Court of Appeals, Apuzzo refers to the following Supreme Court decision: the opinion of U.S. Supreme Court Chief Justice John Marshall, who wrote in an 1821 case, Cohens vs. Virginia:

“It is most true that this court will not take jurisdiction if it should not: but it is equally true, that it must take jurisdiction if it should. The judiciary cannot, as the legislature may, avoid a measure because it approaches the confines of the constitution. We cannot pass it by because it is doubtful. With whatever doubts, with whatever difficulties, a case may be attended, we must decide it, if it be brought before us. We have no more right to decline the exercise of jurisdiction which is given, than to usurp that which is not given. The one or the other would be treason to the constitution. Questions may occur which we would gladly avoid; but we cannot avoid them. All we can do is, to exercise our best judgment, and conscientiously to perform our duty. In doing this, on the present occasion, we find this tribunal invested with appellate jurisdiction in all cases arising under the constitution and laws of the United States. We find no exception to this grant, and we cannot insert one.”


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