kerchner & laudenslager v obama - nomination petition objection filed in the commonwealth court of...

8/3/2019 Kerchner & Laudenslager v Obama - Nomination Petition Objection Filed in the Commonwealth Court of PA in Harrisburg PA on 17 Feb 2012

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Sincerely yours,

Copy provided courtesy of: http://www.ProtectOurLiberty.orgAlt

KAREN L. KIEFER, M.B.A., J.D.ATTORNEY AT LAWBusiness & Legal Consulting

1005 Loucks Ave. Scondale, Pennsylvania 15683Telephone/Fax: 724-887-1005

HAND DELIVERChief Clerk's OfficeCommonwealth Court of PennsylvaniaPennsylvania Judicial Center601 Commonwealth Avenue, Suite 2100P. 0. Box 69185Harrisburg, PA. 17106-9185

RE: Nomination Petition Challenge

To the Judges of the Commonwealth Court,

Enclosed herewith is a Nomination Petition Objection brought by Charles F. Kerchner,et al, to the Petition filed by candidate Barack Hussein Obama, II, Aka Barack HusseinObama, Aka Barack H. Obama, for the Office of President of the United States, to appear onthe Primary ballot of the Commonwealth of Pennsylvania. Please accept this NominationPetition Objection for filing, along with the fee in the amount of $53.50, payable to theOffice of the Prothonotary, Commonwealth Court of Pa.

Thank you for your assistance with this matter.

KAREN L. KIEFER,Counsel for ObjectorScc. Charles F. Kerchner, JR.

Dale A. Laudenslager


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IN THE COMMONWEALTH COURT OF PENNSYLVANIA

CHARLES F. KERCHNER, JR.,and

DALE A. LAUDENSLAGER,

Objectors,

VS .

BARACK HUSSEIN OBAMA, IIAka BARACK HUSSEIN OBAMA,Aka BARACK H. OBAMA,Candidate.

Case noi Q 0NOMINATION PETITION OBJECTION2012 Primary Election

FILED BY:KAREN L. KIEFER, ATTORNEY AT LAWPA. I.D. No. 80973

1005 Loucks AvenueScottdale, Pa. 15683724 887 1005

..


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IN THE COMMONWEALTH COURT OF PENNSYLVANIACHARLES F. KERCHNER, JR., Case no.:

DALE A. LAUDENSLAGER,ObjectorsVs.

BARACK HUSSEIN OBAMA, liAka BARACK HUSSEIN OBAMA,Aka BARACK H. OBAMA,Candidate.

1

NOMINATION PETITIONOBJECTION2012 Primary Election

COMPLAINT

AND NOW, comes CHARLES F. KERCHNER, JR. and DALE A. LAUDENSLAGER,Objectors, by and through their counsel, KAREN L. KIEFER, Attorney at Law, challenging theNomination Petition of BARACK HUSSEIN OBAMA, II, Aka BARACK HUSSEIN OBAMA, AkaBARACK H. OBAMA, Candidate, pursuant to 25 P.S. Chapter 14, Article IX, c, Section 2937,and in support thereof, aver the following:1. Article II, Section 1, of the U.S. Constitution requires that to be eligible for the Office ofPresident of the United States, a candidate must be a "natural born Citizen of the UnitedStates". See Exhibit 'A', Constitution of the United States, September 17, 1787.2. In Pennsylvania, the Department of State printed candidates 'packet of requiredqualifications and instructions' provided by the Pa. Secretary of States' office, Jonathon M.Marks, Commissioner and the Department of State website acknowledge the U.S.


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Coovided courtes of: htt.://www.ProtectOurLibert .org1 Constitutional authority and state that to be eligible in Pennsylvania for the Office ofPresident of the United States, a candidate must be a "natural born Citizen". See Exhibit

E V , Commissioner Marks letter dated February 8, 2012 & Exhibit 'C', Pa. Department ofState website page.3. Candidate Obama, who is not a 'natural born Citizen' of the United States, has filed aNomination Petition to be nominated for the Office of President of the United States &listed as such on the ballot of the Commonwealth of Pennsylvania. See Exhibit 'D ',General Election Primary Candidate List, Pa. Dept. of State publication, Page 1.4. A "natural born Citizen" is a person born in the country to parents who are bothcitizens of the country. See Exhibit 'E', Treatise, "The Law of Nations or Principles ofNatural Law" (1758). To meet the test of "natural born Citizen", both of the candidate'sparents must be U.S. citizens at the time of the candidate's birth in the United States. A"natural born Citizen" has unity of citizenship and sole allegiance to one nation and onlyone nation at birth. See Exhibit 'F', Legal Essay, Mario Apuzzo, Esq.5. Candidate Obama's father, Barack Hussein Obama, Sr., was a foreign national at thetime of his birth and Candidate Obama admits same in his book, "Dreams From MyFather", at page 215, that in mid 1960's "the government (Kenya) revoked his (father's)passport, and he (Obama, Sr.) couldn't even leave Kenya"; Candidate Obama's father wasnever an immigrant to the United States, nor a permanent resident; Ca n d i d a te Obama'sfather never filed for or attained U.S citizenship status; therefore, candidate Obama failsto meet U.S. Constitutional and Pennsylvania requirements for the Office of President ofthe United States. See Exhibit `G', INS Nonimmigrant "F-1" Visa Student Report regarding


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candidate Obama's father and Exhibit "H", Excerpt "Dreams From My Father", authoredby candidate Obama.

6. Candidate Obarna was born a dual citizen with dual allegiance at birth. He was born aBritish subject via his father and a U.S. citizen via his mother.

7. Candidate Obama, on April 10, 2008, submitted Senate Resolution 511, referencingthe First Congress's statute defining the term 'natural born Citizen' and resolving that JohnSidney McCain, III, was a "natural born Citizen", as he was 'born to American citizens...'(plural). See Exhibit 'I', Senate Resolution 511 and Exhibit T, First Congress's statute,

Naturalization Act of 1790.8. Candidate Obama, in his Candidate's Affidavit, has declared he is eligible for the Officeof President, and, therefore, has the burden of proving to this Honorable Court the truth ofthe matter, specifically, both parents' American citizenship to be a 'natural born Citizen'.9. Plaintiffs, Kerchner & Laudenslager are residents of Pa. and duly registered membersof the electorate.WHEREFORE, Plaintiffs pray that the nomination petition or papers submitted bycandidate Barack Hussein Obama, II, Aka Barack Hussein Obama, Aka Barack H. Obama, beset aside due to his failure to meet the eligibility requirements for the office he seeks.

Respectfully submitted,

KAREN L. KIEFER, Attorney for Objectors1005 Loucks Avenue, Scottdale, Pa. 15683

724 887 1005PA. I.D. # 80973


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CHARLES F. KERCHNER, JR.

VERIFICATION

I verify that the statements made in this Complaint challenging the eligibility of candidateBarack Hussein Obama, II, are true and correct. I understand that statements herein aremade subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsificationto authorities.

Date: 07 rd- 2c /z


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VERIFICATION

I verify that the statements made in this Complaint challenging the eligibility of candidateBarack Hussein Obama, II, are true and correct. I understand that statements herein aremade subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsificationto authorities.

DALE A. LAUDENSLAGERDate:?/C) /oZ


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CERTIFICATION of SERVICEI, Karen L. Kiefer, hereby certify that on this theday of2012, I mailed to candidate Barack Hussein Obama, 1600 Pennsylvania Avenue, WashingtonD.C., 20006 a copy of the Nomination Petition Objection, by Registered Mail, Return ReceiptRequested, and by regular U.S. mail, postage prepaid. Further, I personally served a copy ofthe Nomination Petition Objection on the Democratic National Committee, 300 N. 2" Street,8th Floor, Harrisburg, Pa. 17110. Finally, the duly elected Sheriff of Westmoreland County,Pa., has served a copy of the Nomination Petition Objection upon the Secret Service,Greensburg, Pa.

KAREN L. KIEFER, M.B.A., J.D.Attorney for Plaintiff1005 Loucks AvenueScottdale, Pa. 15683

Pa. I.D. No. 80973724 887 1005


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Om,ALIALf,, ifiet h e i r r espa. I t s e Akion :iscoseries.t a -0nm 0 , 0 , , 1rilsunal s ini t . :nor to the supreme Court ;101 to d e rm o , , , ,d noio sh Piracies and Felonies commit ted on thehigh Seas, and , oicn, e: against the Law of Nations,1111 Tod late Nat . , grant Letters of Marette and Reprisal. and

make Rules our.Alpture, ,, on Land and Water;1121 To ra taupport Armies. but no Appropnat ton of mone yto t ha t U se sh a l l I s , r , ,r a !singer Ta t in than two rears:1131 To pont& mat maintain a Navy:(141 To make Rule fur the Govemmero and Regidation of the

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fib] To provide he organizing, annme. and disciplining, theMilitia,and for governing such Part of thema, Mse he employ,st tot h e Se rvic e o f t he I . t in ed Stares, reserving to the States respect ive!}the Appointment of the Officers, and the Autliseuv of Minim; theMilit ia according to the discipl ine prese.nhe d by Congress;1171 To exercise exclusive Legislation in all Cases %shams:vet . .esser such District (not exceeding ten !Stiles square, as may, byCession of part icular States, and t he Actaepcm cc of Congress. becomethe Seat of the (;averment of the rimed States, and to exercise l ikeAuthori ty over a l l Places purchased hy the l ,atent af the Legisla tureof the 'State in wind, the Same shall lie. :et :he Election of Forts,Magazines, Arsenal dock ."`IJI is, and wait Puddings. And

DS] To make at I ay, which shall be necessary and proper for,.,,,rrying into Lsee,amo tf tbalweirssiers. and all other Powe-vested by th is C, , , ,t in t henmen t of t h e Uni t e d S t a t e s , o rin any Departmen.hereof

Pt t ty s I V!'Litms( DENIED 10 CONGRESS..ceeritin 9. 1I' Tha t.tranon or hripOetallOrl utMieh Perfootts'55anyof the,, ,stme shall think proper to admit, shall

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; 2 ' ) The Privilege of the Wrrt of habeas Corpus shall not bes , ,sps tided, unless when in c aces of Rebellion or Ins awn t he publicigen may require It- 7 II) No Hil l 01 Amitosis-, i t cx post facto Law sha l t be passed .

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shall h. deatlell tia , In the treasury, but inepnatons !nark by Law and it regularor the Receipts and I spent :Mures of a l l publ iconcy s shed from time to time.

No Title of Nobility shall he granted by the United States:Person holding :my iffice of Profit or Trust tunic' them,

all, without the Cdeisettl 14 the Congress, aseept of any present.Emol umen t , ( ) Mee . , , /r Taft of any kind Whatever; from any King,Prinee.or foreign State.

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121 No State shall, without the Constant of the Congress, layan y Imposts Or Duties on Imports or Exports. except what may beabsolutely necessary tor executing it 's inspection Laws: and the netProduce of all Duties and Imposts, laid by any S ta te on Imports ofExports, shall be bit die 'se of the Treasure of the I bi t ted States :and all such Laws snail 1 submet no the Revision and Comma ofthe Congress

131 No State cttail< w oluou the Consent of Congress, lay anyDuty of Tonnage , keepShIri of War in urns of Poe,enter nun any , kereel l ieni or Compact with another State, or withforeign Power, (.1neap nW ar - unless actually invaded, or in suchIMMIner11 'Danger as will l in t admit of de l ay

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1 S -1 No Pelson es, ern a mutual bon: Citizen. or a Citizen of t h eUnited S ta tes. a t the t ime of the Adopt ion of th is Const i tu t ion, sha l l brd igthle to the Office of President , nei the r sha l l any Person be el igibly'to that I /thee who shalt not has e attained to the Age of thins fiseear*, and been four teen Years a Resident within the Uni t e d S t a t e s ,

[M it t Case tt,t the Removal id the Prevdcra jinni Ofhi,e a, .1 herI, Revien.,te ,,,, s it in:lila% ':, ,i: i, harge the Powers OM / 'I , H,h,,' thu S lir, hoO 4 1, ,, s a ''ti the iYee PI-evident aw

Rfy;gmfo , ;PI%4", h011b (r1 ti;,z.orl! aus ti, t Pres:tients hall rhea 0,1 is , Ptcynient and such 01h, er

thud atnui the In...auto, Pc ronoled or PI,dlcutshallh, ti,t:\i ,,(ii,ed by Amend men t X X VI71 The Picyto.:n shall at stated Times. texteise for his Services,

Compensatiot . ma th shall neither he increased nor diminishedduring the Fern: tot which he shall base been elected, and he shallnot receive s ohmhat Period any other Emolument fromthe UnitedSta tes , or a rs r , 1

(X) Before qi" user on the Execution of his Office, he shall takethe fallo w i ng Ont. ne A flinuation: to solemnly swear foraffirm) that t o ' ithfully execute the Office of President of theUnited S ta tes. . iad a 11 t to the best of my Ahii trf, preserve, protes t andd e fend t h e t Y md mi t ion of t h e Uni t e d S t a t e s

Section 2. ` 1/ The President shall be Commander in Chief of the.Orin' . and Nuys of the Unt ied S t ,nes, and oI se Mil i t ia of the severa lStates. when caned into the actual Service t the United States; hemay require the opinion, in writ ing, of the principa l Officer in each ofthe execut ive Depar tments. upon any Subject re la t ing to the Dut ies oftheir respective Offices, and he shall have Power to grant Reprievesand Pardons for Offences against the United States, except in Casesof I mpea chmen t .

12) He shall have Power, by and with the Advice and Consentof the Senate, to make Treaties, provided two thirds of the Senatorspresent concur: and he shall nominate, and by and with the Adviceand Consent or , he Senate, shall appoint Ambassadors, other publicMinisters and Consuls. Judges of the supreme Court. and all otherOfficers or ihc ('tined States, whose Appointments are not hereinotherwise provided for, and which shall he established by Law- butthe Congress may by Law vest the Appointment of such inferiorOff i ce r s, a s t h ey t h ink prope r , i n t h e Pr e s i d en t a l one . i n t h e Cou r t s ofLaw, or in the , I l eads of Depar tments. .

11J The PreNt i leni shall have Power to fi l l up all Vacancies t hat mayha ppen d u r ing the Recess of the Senate, hy - granting Commissionswhich sha l l expire n the End of their next Sessi tntSectionly shall from time to time give to the CongressInformat iontate of the Union, and recommend to theirConsideration secit. Measures as he shall judge necessary andexpedient , he may . ,71 extraordinary , Occasions, convene both douses.or either of themand in Case of Disagreement between them, withRespect to the I one of Adjournment, he may adjourn them to suchTime as he shad: lisatk proper: he shall receive Ambassadors and


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Commonwealth of PennsylvaniaDepartment of State

Bureau Commissions. Elections and Legislation401 North StreetRoom 210 North Office Building

Harrisburg, PA 17120

R E C E I V E D F E B 1 0 2 0 1 2

Jona than M. Markseleph one: (717) 787-5280Commissionerax: (717) 705-0 7 21February 8, 2012Dear Mr. Laudenslager .

I am in receipt of your request for information regarding the re quiremen ts for appearingon t h e ba l lo t for t h e of fic e of Pres iden t of t h e U ni t ed S ta t e s . The re is a proces s for ge t t ing on theba l lo t for t h e 2012 Pr imary for major par ty cand ida t e s and anothe r process for indepe nden t andth i rd par ty cand ida t e s to acce ss t h e ba l lo t for t h e 20 12 Genera l E lec t ion.

In Pennsylvania , to be nominated by a major par ty (current ly e i th er the Republicans orDemocra t s ) , a cand ida t e mus t f i le nom ina t ion pe t i t ions for t h e pr imary e lec t ion , wh ich for 2012wil l be h e ld on Apr i l 24. For t h e 20 12 Pres ide n t ia l e l ec t ion , t h e f ir s t day to c i r cu la t e nomina t ionpet i t ions is January 24, 2012, and th ey mus t be t i led by February 14, 2012. The s ignaturerequir ement for nomina t ion pe t i tions for t h e of fic e of Pres iden t of t h e U ni t ed S ta t e s i s 2 , 000regis tered Pe nnsylvania e lec tors with a f i l ing f e e of $200 . See 25 P.S. 2872.1 and 2873.From February 15 t h rough Fe bruary 21, 2012, objec t ions to a cand ida t e ' s nomina t ion pe t i t ionsmay be f i led for reasons regarding the sufficiency of t h e nomina t ion pe t i t ions and t h e cand ida t e ' squalifications. For state -wide offices , the objec t ions are fi led with th e Commonwe al th Court ,with a copy fi l ed wi t h t h e Sec re t a ry , and t h e Commonwe a l t h Cour t sche du le s a h e a r ing to dec idewhe the r or no t t h e cand ida t e wi l l r emain on t h e ba l lo t for t h e No\ em ber e lec t ion. See 25 P.S. 2937.

Add i t iona l ly. t h e Dem ocra t ic Par ty has a de lega t e and a l t e rna t e de lega t e com mitmentrule. Accordingly, a candidate for t h e De mocra t ic pre s iden t ia l nomina tion mus t h ave f i led byJanuary 9, 2012 a declaration of cand idacy wh ich au thor izes d e lega t e s and a l t e rna t e de lega t e s top ledge t h e i r suppor t and comm itment to t h e cand ida t e . See 25 P.S. 2839.1. Candidates for theRepubl ican pres iden t ia l nomina t ion do no t h ave a s imi la r r equir ement .Th ird par ty and indepe nde n t cand ida t e s f i l e nomina t ion paper s . For t h e 20 12,Preside nt ia l e lec t ion, the f irs t day to c ircula te nominat ion pape rs is February 15, 2012. and the ymus t be f i l ed by Augus t 1 , 2012. The s igna ture r equireme nt i s based upon t h e r e su l t s of t h e 2011Munic ipa l Elec t ion , wh ich wi l l be 2% of t h e la rges t en t i re vo t e c as t for any e lec t ed cand ida t e in

t h e S ta t e a t la rge . There i s ano the r objec t ion pe r iod for nomina t ion paper s , a s desc r ibed above ,and th e objec t ions may be f i led betwe en. August 2 through August 8. 2012. See 25 P.S. 2911and 2937.


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Copy provided courtesy of: http://www.ProtectOurLiberty.orgrcrrer PHONE NO. : 6109E3604.7eb. 10 2012 09: .32PM r...2g 175 tr"r*

For the office of President of the U nited State s, the requirements are stated in theConstitution of the U nited State s al Article U , Section 5, which states "lab person except anatural born citizen, or a citizen of he U nited States, at the time of the adoption of thisConstitution, shall be eligible to the office of President; ne ither sh all any person be eligible tothat office who sh all not have attained to the age of thirty-five years, and been fourteen yearsresident within the United S tates."

Add itional information regarding running for office and th e 20 12 Election Caler,dar canbe found , on the Departments website at wwv,dos state,pa,us. Should you have furtherques t ions , p lease contac t t h e Bureau of Commissions , Elec t ions , and Legis la t ion a t t heDepartme nt of State by teleph one, at (717) 787-5280, or via e-mail at rv-hee l us .


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Office Age14 yrs. Reside nt in Nat ion,Natural Born Citizen35 yrs.

Inhabitant of S ta te , 9 yrs.Citizen

Pres ident of theUni t e d S t a te s(Uni t ed S ta t e s Cons t . .Art. II, 1-4)Iinited States Senator(United States Const,Art. I. 3-3)Represe nta t ive inCongress(Uni t ed S ta t e s Cons t .,Art. 1, 2-2)

Inhabitant of S ta te , 7Citizen

S ta t e O ffice s-TATt-frmiv.,4

;.;

7 yrs. Inh abitant of S ta te ,Cit izenship Required0 yrs.30 yrs. 7 yrs. Inhabitant of S ta te ,Cit izenship Required

r -Auditor Genera lSta te TreasurerSe na tor in Genera lAssembly(Pennsylvania Const . ,Art. Ii, 5)Represe nta t ive inGeneral Assembly( Pennsylvania ConstArt. II. 5)

(NOT S PECIFIED)(NOT SPECIFIED)

25 yrs.yrs. Inhabitant of S ta te .1 yr. Inh abitant of District ,4 yrs. U.S. Cit izen4 yrs. Inhabitant of S ta te ,1 yr. Inh abitant of District.4 yrs. U.S. Cit izen

Cop y p rovided courtesy of: http://www.ProtectOurLiberty.orgQualification Requirements to Run for Public OfficeFederal Offices

30 yrs.yrs. Inh abitant of S ta te ,Cit izenship required

Governor(Pennsylvania ConstArt. IV, 5)Lt. Governor(Pennsylvania Const..Art, IV, 5)At torney Genera l(Pennsylvania Const. ,Art, IV, 5)(Mus t be Member ofBar of Suprem e Courtof PA)


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Copy provided courtesy of: http://www.ProtectOurLiberty.org2/15/20125:51:00 PM

UnofficialPAGE 1 OF 54

*'/1 /3/7-County

Commonwealth of PennsylvaniaDepartment of State

Bureau of Commissions, Elections & Legislation4/24/2012 2012 GENERAL. ELECTION PRIMARY CANDIDATE LIST

Unofficial Candidate Listing

Districtandidate NameartyunicipalityStatewide

Office

PRESIDENT OF THE UNITED STATES

Unofficial

SANTORUM, RICHARDEPAIRFAX COUNTYROMNEY, MITTEPGINGRICH, NEWTEPPAUL, RONEPOBAMA, BARACKEMUNITED STATES SENATOR

StatewideROHRER, SAMEPOBESONERKSWELCH, STEVENEPHARLESTOWN TWPHESTERSCARINGI, MARCEPAMP HILL BOROUMBERLANDSMITH, TOMEPL U M C R E EK T W PRMSTRONGCHRISTIAN, DAVIDEPUCKSCASEY, BOBEMCRANTONACKAWANNAVODVARKA, JOSEPHEMLLEGHENYATTORNEY GENERAL Statewide FREED, DAVIDEPAMP HILL BOROUMBERLANDMURPHY, PATRICKEMRISTOL TWPU C K SKANE, KATHLEENEMACKAWANNA

AUDITOR GENERALStatewide

PINTO, FRANK REPIDDLE PAXTONAUPHIN


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2'13. Inhabitants.

T,try geokinarks Tools Heipive Countr

- Liber ty ant FvE , E,

Home Wt#- LUNANQ Library -Emmerich tie Vaud' - lhe,,LAw

NOW - Buy thi s resource online Click here *The Law of Nations or the Principles of Natural L

Emmerich de Vattetw (1758)

BOOK 1, CHAPTER 19Of Our Native Country, and Several Things That Relate to It 211. What is our country,THE whole of the countries possessed by a nation and subject to its laws, fomis, as we have already said, its territory, and is the commoncountry of all the individuals of the nation. We have been obliged to anticipate the definition of the term, native country, because our subject led usto treat of the love of our country a virtue so excellent and so necessary in a state. Supposing, then, this definition already known, it remainsthat we should explain several things that have a relation to this subject and answer the questions that naturally arise from it

212. Citizens and natives.The citizens are the members of the civil society; bound to this society by certain duties, and subject to its authority they equally participate in itsadvantages. The natives, or natural-born citizens, are those born in the country, of parents who are citizens. As the society cannot exist andperpetuate itself otherwise than by the children of the citizens, those children naturally follow the condition-of their fathers, and succeed to all theirrights. The society is supposed to desire this, in consequence of what it owes to its own preservation; and it is presumed, as matter of course,that each citizen, on entering into society, reserves to his children the right of becoming members of it. The country of the fathers is therefore thatof the children; and these become true citizens merely by their tacit consent. We shall soon see whether, on their corning to the years ofdiscretion, they may renounce their right, and what they owe to the society in which they were born. I say that, in order to be of the country it isnecessary that a person be born of a father who is a citizen: for, if he is born there of a foreigner, it witt be only the place of his birth, and not hiscountry


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Article II "Natural Born Citizen" Means Unity of Citizenshipand SoleAllegiance at Birth

Article II "Natural Born Citizen" Means Unity of Citizenshipand Sole Allegiance at Birthby: Mario Apuzzo, Esq.

41.4ma wp&. . Arrt .M. M tia.f M Oelesew osveissise le Ng! riohl %Ow Presulool

J' PAngor

Copy provided courtesy of: http://www.ProtectOurLiberty.orgE;x'7-fr73 / 7

Originally Posted. Thursday, April 23, 2009

Citizen

Artic le II of our Const i tu t ion has a lot to say about h ow a would-be Presid ent is born."Natural born Cit izen" s ta tus requires not only bir th on U .S. soil but a lso birth to parentswho are both U .S. c i t izens by birth or naturalizat ion. This unity of jus soli (soil) and jussanguinis (descent ) in the c hi ld a t th e t ime of bir th assures tha t th e ch i ld is born, with soleallegiance (obligat ion of fide l i ty and obed ience to governm ent in consid era t ion forprotec t ion th a t governmen t gives (U.S. v. Kuhn, 49 F.Supp.407, 414 (D.C.N.Y)) andloyal ty to t h e U ni t ed S ta t e s and t ha t no o t h e r na t ion can lay any c la im to t h e ch i ld ' s ( la t e ran adul t ) a l legiance and loyal ty. Indee d, unde r such bir th c ircumstance s , no other nat ioncan legally or morally demand any mili tary or poli t ical obligat ions from th a t person. Thech ild , as he/sh e grows, wil l a lso have a bet te r chanc e of not psych ological ly s t rugglingwith co nf l ic ted a l legiance and loyal ty to any oth er na t ion.U nity of ci t izenship and a l legiance is based on th e t eac hings of the law of na ture (na tura llaw) and th e law of na t ions , as conf irmed by ancient Greek and Roman law: American,European. and English c onst i tu t ions, common and civil law, and s ta tutes ; and Vaud's.

I hr Law of Nations, a l l of wh ich t h e Founding Fa the r s r ead and under s tood . Thesesources have taught civilizations from time immemorial that a person gains allegianceand loyal ty and th erefore a t tachm ent for a nat ion from ei ther being born on the soil of thecomm unity def ining tha t nat ion or from being born to parents who we re a lso barn an tha tsame soil or who naturalized as th ough th ey were born on th a t soil . I t is only bycombining a t b ir t h in t h e ch i ld bo th means to inhe r it t h e se two sources of c i tizensh ip t ha tthe ch ild by nature and the refore a lso by law is born with on ly one al legiance and loyal tyt o and consequen t ly a tt a chmen t fo r on ly t he U ni t e d S t a t e s .


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Cop y provide d courtesy of: http://www .ProtectOurLiberty.orgcylorsir

Our Const i tu t ion requires unity of U .S. c i t izensh ip and al legiance from bir th only for theOffice of Pres iden t and Commande r in Ch ie f of t h e Mil i ta ry , given t h e unique na ture ofthe po si t ion, a posi t ion tha t em powers one person to de cide wh eth er our nat ional survivalrequires the d es t ruc t ion of or a nuclear a t tack on or some less m ilitary measure againstanothe r nat ion or group. It is required of the Presid ent because such a s ta tus gives th eAmerican people th e bes t Const i tu t ional ch ance th a t a would-be President wil l not haveany foreign inf luence s which because of conflic t of conscience can most c er ta inly ta inth is /h e r c r i ti ca l dec is ions made when lead ing t h e na t ion. Hence , t h e spec ia l s t a tus i s aConst i tu t ional e l igibil i ty requirement to h e President and the reby to be vested with th esole power to dec ide th e fa te and survival of the Am erican people , Of course , the s ta tus.being a minimum Const i tu t ional requireme nt , does no t guarantee tha t a would -bePresident wil l have love and feal ty only for the U nited S ta tes . Therefore , the f inalinformed and inte l l igent de cision on who th e President wil l be is left to the vote rs . theElec tors , and Congress a t the Joint Se ssion, to who m ho pefully responsible med ia andpoli t ical ins t i tu t ions wil l have p rovided al l th e ne cessary vet t ing information conce rningthe c andid ates ch arac ter and qualif ica t ions to be Preside nt .Through h is tor ical deve lopme nt , unity of c i t izensh ip and sole a l legiance a t birth is notrequired for U.S. born ci t izen Se nators , Representa t ives , and regular c i t izens und er the14th Amend ment and Congress iona l enac tment s . In cont rad ic t ion and wh ich conf irms t h eFounding Fathe rs ' meaning of what a "natural born Cit izen" is , naturalized c i t izens, s ince1795, before becom ing such must swear an oath th a t they renounc e al l other a l legiancesto othe r nat ions. During the W ashington Adm inis t ra t ion, the Firs t Congress passed th eNaturalizat ion Act of 1795 in which i t provided tha t ne w ci t izens take a solemn oath tosuppor t th e Const i tu t ion and "renoun ce" al l "al legiance " to their former poli t ical regimes .This is during the t im e th a t ;most of the Framers were a l ive and s t i l l ac t ively involved inguiding and forming the ne w nat ional government and Const i tu t ional Republic . Today,we s t i l l require tha t an alien upo n being naturalized mus t give an oa t h t ha t h e / sherenounces a l l former a l leg iances and t ha t h e / she wi l l "suppor t and de fend t h eConst i tu t ion and laws of the U nited S ta tes of America against a l l enemies, foreign anddom est ic ." Hence, a l legiance is not s imply a th ing of the past but very much with ustoday. I t is important to also unders tand th a t naturalizat ion takes an alien back to themoment of bir th and by law chan ges tha t a l ien ' s bir th s ta tus. In othe r words,naturalizat ion, which by legal de f init ion requires sole a l legiance to th e U nited S ta tes , re-crea tes th e individual as though h e were a born Cit izen but only does i t by law and not bynature. This is the reason that t h e 14th Amend ment cons ide r s a na tura lized pe r son to be a-itizen" of th e Un i t e d S t a t e s and not a "natural born. Citizen" of the United States. Thisrecrea t ion of bir th s ta tus th rough naturalizat ion which also exis ted und er Englishcommon law a lso probably expla ins why Joh n Jay under l ined t h e word "born" whe n her e commended to Gene ral Washington that only a "natural born Citizen" (as to say born infac t , by nature , and not by law) be al lowed to be President . Consequen t ly, naturalizedci t izens s tand on an e qual foot ing with born Cit izens (who are so rec ognized andconf irmed by t h e 14th Amend ment or by an Ac t of Congress and who can be bu t no tnece ssari ly are a lso "natural born Cit izens -) excep t t h a t t h ey cannot be Pres iden t or VicePresident , for they we re born with an al legiance not owing to t h e U ni t ed S ta t e s and


19/25

Cop y provide d courtesy of: http://www .ProtectOurLiberty.orgvracquire tha t sole a l legiance to th e U nited S ta tes only af ter bir th . Surely, if a naturalizedc i t izen , even t h ough h av ing so le a l l eg iance to t h e U ni t ed S ta t e s , i s no t Cons t itu t ional lyeligible to be President , we cannot e xpect any less of someone who we are wil l ing tode clare so Const i tu t ionally e l igible .

The Founding Fa the r s emph as ized t ha t , for t h e sake of t h e surv iva l of t h e Cons t i tu t iona lRepubl ic . t h e Office of Pres iden t and Commande r in Ch ie f of t h e Mil i ta ry be f ree offoreign influence and int r igue. It is the "natural born Cit izen" c lause tha t gives th eAmerican people th e bes t f igh t ing chanc e to keep i t tha t way for genera t ions to come .American peop le do not h ave the Con st i tu t ional r igh t to h ave any cer ta in person bePresident . But for the reasons s ta ted above, minimally they do h ave a Const i tu t ional righ tto protec t th e ir l iber ty by knowing and assuring tha t th e ir President is Const i tu t ionallyeligible and qualif ied to h old th e Office of President and Com mand er in Chief of theMilitary.Mario Apuzzo, Esq.185 Gatzmer AvenueJame sburg NJ 08831Email; apozzo [AT] erols.comTEL: 732-521-1900 FAX: 732-521-3906BLOG: h t tp:/ /puzol.blogspot .com

For more about wh at Obama wants to hide about cit izenship laws and h iscitizensh ip issues see :littp:iptirol.bleuvot conv2009/07/citizen.at-birth-cab-does-not-equal.html####Posted by Puzo I at 10:27 AM Er...Q9Labels: 14th Amendinent, allceiance. Apuzzo, Article 11, born citizen, congress,constitution, dual nationality, Kerchner, kerchner v obama, Law of Nations, natural horncit izen, Natural Law, ()barna, Vat te l


20/25

PART I

Nome of schoolUniversity of Hawaii

Address1 8 0 1 U n i v e r s i t y , o f H a w a i iHonolulu Hawaii

Name of StudentFirst)Middle)Last)gArackDate of birthountry of birthJune 1 8 , 1 9 3 4enya, AfricaCountry of citizenshipAfricaPART IINOTICE TO SCHOOL ,CONCERNING "F-1" STUDENTAs Indicated herein, the above named student was admitted to or authorized to remain in the United States for a temporary period as a nonimmigrant student.

For Immigration Official

If any of the following occurs, pleas* fill In Part iii below and mail this Form to the immigration office having (urisdiction one the area In which your school is located,(A) The student doss not register personally at your school within 60 days of the time you expect him to register)(8)he student d o e s no t carry a full coarse of study;(C) The student does not attend classes to the extent normally required)(0) The student's attendance Is terminated. (This does not include temporary discontinuonce of attenclaece during a visit abroad, or because of acute Illness or

However, If the student fails to resume attendance, this report must be submitted.)

Pori of departure Name of dip, airline, or transportation companyot e of departure

Address abroad

Foregn Student AdviserDate

June 27, ( 962

Coovided courtes of: htt ://www.ProtectOurLibe .orUtilIID STATES DEPARTMENT OF JULI M M I GRATI ON AND NATU RALI ZATI ON SERVI CENOTICE AND REPORT CONCERNING NONIMMIGRANT "F-1" STUDENTPART IIIREPORT BY SCHOOL CONCERNING "F-1" STUDENT

TO Immigration and Naturalization ServiceI. The student (Check ornsh

(A ) u Did not register personally at this school.1 .3 is not carrying a full course of study. (Explain In Remarks)

(C ) u Is not attending classes to this extent normally required. (Explain In Remarks)(0)s no Wager attending this school. (Give dote and reason for termination In Remarks)

2. The student's pres ent addres s In s

Student's fit. Number ill known)A//A?1527CC4- .

Harvard University, Cambridge, Massachusetts

3. the following information is furnished concerning the student's departure or alarmed departure from the United States,

4. Remarks,Mr. Obama graduated from the University of Hawaii in June 1962; tocontinue advanced studes at Harvard University.

b) (6 ) Signature I n t l *


21/25

Cop y p rovided courtesy of: http://www.ProtectOurLiberty.org: P'erc PHONE NO. : 61096613437 15:Krzeit ir 11

--THE #1NEW YORK TIMES 3 ESTSELLER-------BARACK OBAMA

Dreams fromMy Father

ariosluotvui*t j.i..7I

"ft captive' srxt wig, th i l000k w it utt lyukf'somethm s about yountlf N.-nether you are black cat v.#4.7i - '

IviAR.IAN WRIGHT ED gm., A.1 .." r- i.


22/25


214 17Ve'AM5 PROM ray ea rotathings were okay. Rath, our new maths r, was nice enough to us then.Sh e nested as almast like her own children. I ler parents were rich, Ithink, and they %od id send ac he autil id peesents horn the Gates. I'dget really ea sited whenever a package came from them. Bat I cement-hoz sonteuntes Roy would refuse to take their gifts. even when theysent ta .sweeta. I remember once he refused some chocolates they h adsena but later in the night , when h e thought 1 was asleep, I saw himt ak ing some of the chocolates that I had lef t on our dresser . But Iditehit say anything, because I think I knew that he was unhappy.

"lhee th ings began to change. W hen Ruth gave bir th to Markand David. bey andante sh if t ed to them. The Old Mao, he k it t heAmerican company to work in the governme nt, for the Ministry ofTbut isin . He tat ty har t h ad 'ed it : cal ambitions, and at fir s t he wasX doing well in th e goyernme nt. But by 1966 or 107 ; the divisions inKenya had hecot t lf : Mote serious. Presidatt Kenyitta was Gum dmlargeaat tribe, the Kikayos. The Loos, the second largest tribe, beganto complain that Kikupts were get t ing all the best jobs. The. govern-ment was NIL of - intrigue. fbe vice-president, Odinga, was a I no andhe said t he government way beennring corrupt. That, instead of serelag those who had fought for independ ence, Kenyan polit icians hadtaken the place of the white colonials, buying up businenses and landt ha t should be re ihnu t ra t ed to t h e pixsple . Othoga t ried to s tart h isown party, but was placed unde r house arres t as a Conumusis t .Another popular Luo ininistet , "Rau Mlit tya, wa s killed by a Kikuyugunman I M O S began to prot es t in t he s t ree t s , and t he governmentpolice tracked down. People were kilted. AU this creak-if more soap -city hentrietit the Mises.

"Mast of the Old M an's friends jest kept quiet and karno1 to livewith the situation. But the Old M an began to speak up He would tel lpeople that trihation wa n going to ruin the country and that unqualifiedawn were taking the best jobs. His friends tried to warn horn about aly-nag such &hig pablie , bu t h t &the ' rare . He a lways thought he

"I I

knew what was best, you see. Whe n he wa s passed tat 4N a fassmottol l ,he complained can you he try senior,' he would say to C awof the ministers. 'and yea t art teaching you how or Jo your lob ;won -

1)-?' Word got hack to Kenyansi that the Old Man was a iccatilskaulan,and h e wa s cal led in to see the presiden t . A i L a s t ding to the s tor ies ,Keuyat ta said to the OW Mast that , because h r could no t keep h ismouth shut, he would not work spin until he h ad no shoos Ulf his feet.

'1 don't know how much of these d etails are mow. But I know thatwith t he pres ident as an tawny things ; became very had for t he OldMan. I k was banished fanny the goad - tondo Nat-MO - ed. None ofth e wined ties would give him work. When h e went to foreign compa-nies to look for a post, the oconpassies were wanted not to h ire him. Ilebe gan looking abroad and was hired t o work for the African Deve lop-Malt Ralik in Addis Ababa, but before he resold join them, th e gov-ernment revoked his passport, and he awildn' t even leave Kenya.

`Final ly, he had to accept a smal l erh with t h e l ' ha ir Deparunent .'Kew this was possible only because one of his friends pitied 'nun. 'Thejob kept food on the e.h ic. but it was a big fall for him. The Old Manbegan to think heavily, and many of the people he knew atoned own-mg to visi t t in cruse now it was dangsatars to be seen with him. Theytold him th at maybe if he apologized, changed his attitude, he would rteall right. But he refused and continued to say whatever was on his mind.

"I. understood roost of this only wh eat 1 was olde r. At tin tint; Ijust saw that l ife at bonne became wry difficult . The Old Man ne verspoke to Roy or myself except to Sr old 1 L S . He would conk home veryla te , drunk, and I could hea t h im sh out ing a t Ruth , te l l ing her tocook h im food. Ruth became very bit t er at how t h e O l d Mao h adganged. Soniv t imes, whe n he wasn ' t house , she would t e l l Ro y andmyself that our- father was crazy and that she pineal us fut has-Mg sucha lathes. I did n't blame her for this- -I probably agreed. But I noticedthat. even more than before, she treated to differently from her owntwo sours. She would say that we were not her ch ildren and there W AS


23/25

rovided courtes of: htt://www .ProtectOu rLibe rt .org04/ TriD P.m.%11%WYE...MINTMFG. MANION

C. 00 /5.ry'Air1/5/

110TH CONGRESS sS E S A I O N . RE S. 51 1l i t

ReCOgiliZillf.r. t ha t Joh n Sid ney McCain , III , i s a natural horn

IN THE SENATE OF THE UNITED STAPRIL 10, 200 8

MM. litCASKILL (for herse lf , Mr. LEON, Mr. OBABMT S .CLINTON, and Mr. WEBB) submitted the fol lowingo which waxre fe rred to t he Commit t ee on t he Jud ic ia ryA P R I L 24. 242$Repor ted by Mr. LEM ry, wi thou t alutAPI tn.t1 n t,inSidert'd and ai.t11 4,41 toRESOLUTIONRecognizing that Joh n Sid ney Mc Cain, III, is a natural

born citizen.

" . *

Whereas th e Consti tut ion of the U nited St ates requires that ,to be clig,ible for the Office o r the President, a personmust be a "natural born Citizen" of t h e U n it e d S ta t e s ;

W he reas the te rm "natural born Ci t ize ", as that term ap-pears in Article II, Section 1, is not defined in the Con-stitution of the United States;

Whereas there is no evidence of the intention of the Framersor any Congress to limit the constitutional rights of chil-dren born to Americans serving in the military nor to


24/25


2prevent those clUldren from serving as their country'sPresident;

Whereas such limitations would be inconsistent with the pur-pose and intent of the "natural born Citizen" clause ofthe Constitution of the United States, as evidenced bythe First Congress's own statute defining the term -nat-ural born Citizen . ';

'hereas the well-being of all citizens of the United States ispreserved and enhanced by the men and women who areassigned to serve our country outside of our national hol-der s ;

Whereas previous presidential candidates were born outsideof the United States of America, and were understood tobe eligible to be President; and

Whereas John Sidney McCain, HT, was born to Americancitizens on an American wilithry base in the PanamaCanal Zone in 1936: Now, therefore, be it

1tesolval, That. John Sidney McCain,s a "nat-2 ural born Citizen" under Article II, Section 1, of the Con-3 stitutimi of the United States.

0

SUES 511 ATS


25/25

kerchner & laudenslager v obama - nomination petition objection filed in the commonwealth court of...

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