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OBAMA WATCH CENTRAL Posted: January 31, 2009
A new lawsuit is challenging Barack Obama's eligibility
to be president, and this one targets Congress as a defendant for its
"failure" to uphold the constitutional demand to make sure Obama qualified
before approving the Electoral College vote that actually designated him as
the occupant of the Oval Office.
It is being brought on behalf of Charles F. Kerchner Jr., Lowell T. Patterson, Darrell James Lenormand and Donald H. Nelson Jr. and names as defendants Barack Hussein Obama II, the U.S., Congress, the Senate, House of Representatives and former Vice President Dick Cheney along with House Speaker Nancy Pelosi. As WND has reported, dozens of lawsuits have been filed over Obama's eligibility to assume the office of the president. Many have been dismissed while others remain pending. The cases, in various ways, have alleged Obama does not meet the "natural born citizen" clause of the U.S. Constitution, Article 2, Section 1, which reads, "No Person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President."
Some of the legal challenges have alleged Obama was not born in Hawaii, as he insists, but in Kenya. Obama's American mother, the suits contend, was too young at the time of his birth to confer American citizenship to her son under the law at the time. Other challenges have focused on Obama's citizenship through his father, a Kenyan subject to the jurisdiction of the United Kingdom at the time of his birth, thus making him a dual citizen. The cases contend the framers of the Constitution excluded dual citizens from qualifying as natural born. Several details of Obama's past have added twists to the question of his eligibility and citizenship, including his family's move to Indonesia when he was a child, his travel to Pakistan in the '80s when such travel was forbidden to American citizens and conflicting reports from Obama's family about his place of birth. Perhaps the most perplexing detail, however, has been Obama's refusal to allow the public release of a signed "vault" copy of his original birth certificate. The new case was launched in New Jersey, and focuses on the alleged failure in Congress to follow the Constitution. That document, the lawsuit states, "provides that Congress must fully qualify the candidate 'elected' by the Electoral College Electors." In provides, the lawsuit said, "If the president-elect shall have failed to qualify, then the vice president elect shall act as president until a president shall have qualified." "There existed significant public doubt and grievances from plaintiffs and other concerned Americans regarding Obama's eligibility to be president and defendants had the sworn duty to protect and preserve the Constitution and specifically under the 20th Amendment, Section 3, a Constitutional obligation to confirm whether Obama, once the electors elected him, was qualified." "Congress is the elected representative of the American people and the people speak and act through them," the lawsuit said. The defendants "violated" the 20th Amendment by failing to assure that Obama meets the eligibility requirements," the lawsuit said. In the Russian publication Pravda, commentator Mark S. McGrew addressed the subject: "The United States Congress is required, under the U.S. Code of Federal Regulations, to count the Electoral College votes for president and vice president, ask if any member of Congress objects to the count and hear that Congressman's objection. This is under Title 3, Chapter 1, Section 15, 'Upon such reading of any such certificate of paper, the president of the Senate shall call for objections, if any,'" he wrote. Several of the cases – including those brought by Orly Taitz, Cort Wrotnowski, Leo Donofrio and Philip Berg, already have been heard in conference at the U.S. Supreme Court, which has failed to have a hearing on any of the merits involved. Taitz, in fact, is requesting information from the Supreme Court about a meeting eight of its justices held with Obama, a defendant in her case, before the justices reviewed the issues of the case in a private conference. Several of the cases not scheduled for hearings at the Supreme Court still remain active at lower court levels, from which emergency requests to the high court were launched. "I know that Mr. Obama is not a constitutionally qualified natural born citizen and is ineligible to assume the office of president of the United States," Berg said in a statement on his ObamaCrimes.com website. "Obama knows he is not 'natural born' as he knows where he was born and he knows he was adopted in Indonesia; Obama is an attorney, Harvard Law grad who taught Constitutional law; Obama knows his candidacy is the largest 'hoax' attempted on the citizens of the United States in over 200 years; Obama places our Constitution in a 'crisis' situation; and Obama is in a situation where he can be blackmailed by leaders around the world who know Obama is not qualified," Berg's statement continued. A partial listing and status update for several of the cases surrounding Obama's eligibility to serve as president is below:
Private investigator Douglas Hagmann of HomelandSecurityUS.com reported earlier he found 13 cases challenging Obama's eligibility still active or semi-active. In addition, other cases cited on the RightSideofLife blog as raising questions about Obama's eligibility include:
WND senior reporter Jerome Corsi had gone to both Kenya and Hawaii prior to the election to investigate issues surrounding Obama's birth. But his research and discoveries only raised more questions. The biggest question was why, if a Hawaii birth certificate exists as his campaign has stated, Obama hasn't simply ordered it made available to settle the rumors. The governor's office in Hawaii said there is a valid certificate but rejected requests for access and left ambiguous its origin: Does the certificate on file with the Department of Health indicate a Hawaii birth or was it generated after the Obama family registered a Kenyan birth in Hawaii? Obama's half-sister, Maya Soetoro, has named two different Hawaii hospitals where Obama could have been born. There have been other allegations that Obama actually was born in Kenya during a time when his father was a British subject. A one point a Kenyan ambassador said Obama's birth place in Kenya already was recognized and honored. Related offers: Will Obama bring the end of prosperity? How higher taxes will doom the economy – if we let it happen Obumma! Magnetic bumper sticker offers the perfect message for those post-election blues Whistleblower magazine's "THE SECRET LIFE OF BARACK OBAMA" Previous stories: More challenges fail in Supreme Court Supreme Court refuses 2nd challenge to eligibility Status report: The eligibility issue Supremes turn down request to stop Electoral vote Join exploding demand for citizenship documentation Electors challenged to investigate birth dispute Last few hours to FedEx Electoral College voters Supremes turn down request to stop Electoral vote Eligibility question? FedEx Electoral College members Not even Supreme Court can kill citizenship dispute Supreme Court denies citizenship challenge More than 60,000 letters sent to U.S. Supreme Court Petition to see the birth certificate Will Supremes review citizenship arguments? Imaging guru: 'Certification' of birth time, location is fake Chasm dividing Americans over birth certificate widens WND launches new forum on Obama's eligibility Supremes to review citizenship arguments 'Constitutional crisis' looming over Obama's birth location |
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