Monday, November 29, 2010

Democratic Underground: Supremes reject Obama citizenship challenge

Washington (CNN) -- The Supreme Court has again cast aside another appeal that raised doubts about President Barack Obama's U.S. citizenship.

The justices without comment rejected a challenge from Charles Kerchner Jr. Kerchner sought a trial in federal court forcing the president to produce documents regarding his birth and citizenship.

Kerchner's attorney, Mario Apuzzo, had argued in a petition with the Supreme Court that Obama did not fit the definition of a "natural-born citizen" required for the nation's highest office, as defined by Article II, Section 1 of the Constitution.

That clause states, "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; neither shall any Person be eligible to that Office who shall not have attained to the Age of thirty-five Years, and been fourteen Years a Resident within the United States."

Kerchner argued the framers of the 1789 document intended a "natural-born" citizen to mean someone born in the U.S. to parents who were both American citizens. He based this on how historian David Ramsay defines “natural born Citizen” in 1789. 

Here is the crux of the argument. Most attorneys know the US legal system is based upon English common law. The Magna Carta is the basis of much of English common law. As Wikpedia states:

English law is the legal system of England and Wales, and is the basis of common law legal systems used in most Commonwealth countries and the United States except Louisiana (as opposed to civil law or pluralist systems in use in other countries).

It is clear that Ramsay did not follow the English common law but rather natural law, the law of nations, and Emmerich de Vattel, who also defined a “natural-born citizen” the same as did Ramsay in his highly acclaimed and influential The Law of Nations, Or, Principles of the Law of Nature, Applied to the Conduct and Affairs of Nations and Sovereigns.

Natural law or the law of nature (Latin: lex naturalis) has been described as a law whose content is set by nature and that therefore has validity everywhere. Cicero wrote in his De Legibus that both justice and law derive their origin from God. Christians often refer to the 10 Commandments as natural law.

Fortunately, this dubious argument fell on deaf Supremes ears. Even if the Supremes had agreed with Kerchner, it does not have the authority to remove a standing president from office.

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  1.  Jurisdiction Of Courts In England And Wales And Their Recognition Of Foreign Insolvency Proceedings
  3. The Common Law in the British Empire^
  4.  "Natural Law," International Encyclopedia of the Social Sciences

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