Archive for November, 2010

Another Obama Petition at U.S. Supreme Court

November 27, 2010

Another petition for writ of certiori questioning Obama’s eligibility to be President under the requirments of Article 2, Section 1, of the U.S. Constitution is being made before the U.S. Supreme Court. It requests that the Court review the appellate court decision refusing to hear evidence in the case.

U.S. Supreme Court

This is the second petition to come before the Court basically requesting the same thing — that the Supreme Court take seriously the question of whether or not Obama qualifies as a “natural born” citizen since it is well known that his father was a British subject. Attorney John D. Hemenway’s case takes a somewhat different approach than the one brought by attorney Mario Apuzzo in that Hemenway’s argues that the constitutional rule of law was not applied by the lower courts.

A ruling is expected Monday by the Supreme Court on the first petition filed by Apuzzo. That ruling could have an impact on the Hemenway case as well. If the Court agrees with the petitioners, then the lower courts will have to allow the cases to be heard. Or, possibly, the Supreme Court could hear the case. In either case, Obama would finally be required to produce documents, such as his long form birth certificate, to prove he is a “natural born” citizen, which he has so far refused to do.


Happy Thanksgiving 2010

November 25, 2010

U.S. Supreme Court Confers on Obama Eligibility

November 24, 2010

Tuesday, the U. S. Supreme Court considered the petition challenging Obama’s eligibility to be President under Article 2, Section 1, of the U.S. Constitution and whether Congress violated petitioners’ rights by not investigating and confirming his standing as a “natural born” citizen before the election and inauguration.  A decision could come as soon as Wednesday.

U.S. Supreme Court

Several lawsuits have been filed in the past two years challenging Obama’s standing as it is well known that his father was a British citizen from Kenya and the President cannot hold foreign or dual citizenship. If the Court grants the petitioners’ request, they can have the case heard in federal court or they could decide to hear the case themselves.

So far no court has heard any of the lawsuits brought forth because the lower courts have claimed that the petitioners “lacked standing” to bring the lawsuit to court. If the Court sends the case forward, discovery will be granted and at that time Obama will be forced by the court to produce his legal documents, such as his long form birth certificate, school and college records, etc., all of which he has refused to show.

What would happen if he proved not to be a “natural born” citizen is unknown as this is unprecedented, but other officials in the past (at least one governor and two senators) were removed from office by the courts.

Obama Eligibility Petition to Supreme Court Tues.

November 23, 2010

Tuesday, November 23, 2010, could be a historic day at the U.S. Supreme Court as the court will consider in conference the Kerchner et al v Obama & Congress et al petition for Writ of Certiorari. The Court’s ruling on the petition could determine whether the lawsuits challenging Obama’s eligibility under the Constitution to be President will be heard by the Court or not.  (See the petition at the link below.)

The petition asks the Supreme Court to consider four primary questions, including the Constitution’s requirement under Article 2, Section 1, that the President must be a “natural born” citizen, and whether Obama mets these requirments since his father was a British subject from Kenya, and whether the Congress violated the petitioners’ rights by not properly investigating and confirming Obama’s eligibility, though they did investigate John McCain.

(Commentary from Attorney Mario Apuzzo’s blog site can be seen at the link below.)

If the Court determines that the Constituional requirements must be met and that a “natural born” citizen must be the offspring of two American citizens, then the Court may finally be able to compel Obama to show his long form birth certificate and other documents to prove he is a “natural born” citizen.  So far Obama has steadfastly refused to allow anyone to see his birth certificate, passport, school or college records, etc., which has only fueled speculation that he has reason to hide them from the public.

Obama Petition Goes before the Supreme Court

November 18, 2010

Attorney Mario Apuzzo has petitioned the U.S. Supreme Court in regards to Kerchner et al v Obama & Congress et al. The petition is scheduled for conference on November 23, 2010. Depending on how the Supreme Court justices decide, the case will go forward or be denied a hearing.  The petition asks the Court to decide four questions.

U.S. Supreme Court

From Attorney Mario Apuzzo’s blog:

“The Petition to the U.S. Supreme Court was filed on 30 Sep 2010 and is now scheduled on the Supreme Court docket for discussion by the Supreme Court Justices in conference by them on Tuesday, 23 Nov 2010. ”


 1. Whether petitioners sufficiently articulated a case or controversy against respondents which gives them Article III standing to make their Fifth Amendment due process and equal protection claims against them.

2. Whether putative President Obama can be an Article II “natural born Citizen” if he was born in the United States to a United States citizen mother and a non-United States citizen British father and under the British Nationality Act 1948 he was born a British citizen.

3. Whether putative President Obama and Congress violated petitioners’ Fifth Amendment due process rights to life, liberty, safety, security, tranquility, and property and Ninth Amendment rights by Congress failing to assure them pursuant to the Twentieth Amendment that Obama qualified as an Article II “natural born Citizen” before confirming his electoral votes and by Obama refusing to conclusively prove that he is a “natural born Citizen.”

4. Whether Congress violated petitioners’ rights under the Fifth Amendment to equal protection of their life, liberty, safety, security, tranquility, and property by investigating and confirming the “natural born Citizen” status of presidential candidate, John McCain, but not that of presidential candidate, Barack Obama.”

Obama Eligibility Not Checked by Congress

November 10, 2010

A report from the Congressional Research Service confirms that no congressional office or agency or state bothered to check to see if Obama qualified to be President under the requirements of the Constitution.  Article 2, Section 1, of the U.S. Constitution states that a person must be a “natural born” citizen of the United States to be eligible to be president.

This information was contained in a report provided to congressional offices to tell Senators and House members how they could answer their constituents questions about Obama’s eligibility, birth certificate, etc. According to the report,  no person or office checked Obama’s qualifications because state and federal laws do not specifically require anyone to check.

Previously, this has rarely been an issue (with the except of Chester Arthur), because candidates for President have willing provided documentation or birth certificates when asked. John McCain provided such documentation during the last presidential contest.  However, Obama has consistantly and steadfastly refused to provide any documentation of any kind to answer questions regarding his “natural born” citizenship and prove his eligibility under the Constitution. Incredibly, the report concludes that Obama can go on refusing to release his birth certificate or other documentation because there is no law that says he must.

Obama No Response to Writ to Supreme Court

November 7, 2010

Attorney Mario Apuzzo reports that respondents in the lawsuit Kerchner et al v Obama et al challenging Obama’s eligibility to be president have waived the right to respond to the petition for writ of certiorari to the U.S. Supreme Court. Therefore, the petition will go before the court. If four Supreme Court justices agree to hear the lawsuit, it will be argued before the Court.

U.S. Supreme Court

Several lawsuits have been filed in the last two years challenging Obama’s eligibility to be president under Article 2 Section 1 of the U.S. Constitution which requires the president to be a “natural born” citizen. It is known that his father was a British subject from Kenya and his own grandmother has stated that she attended his birth — in Kenya. Either of these would bring into doubt his eligibility as a “natural born” citizen.

So far no lawsuit filed in any court has been allowed to be heard. All have been dismissed, not because of any evidence, but for “lack of standing.” What most of the lawsuits have asked is that Obama prove his eligibility by producing documents such as his long form birth certificate, his passport, or his school and college records — all of which he has steadfastly declined to do. If the case does go before the Supreme Court, he may finally be compelled to show documentation, just as all Americas have to do when required to prove citizenship.