The American Kafir

2010/07/17

Obama lawsuit invites fortified state militia

Constitution leaves room for Arizona to secure border

By Ray Hartwell

Arizona has enacted a law that enables state and local police to support fed- eral immigration en- forcement, in a care- fully circumscribed manner. This moderate statute is under vicious attack by the Obama administration and assorted amnesty advocates. Yet Arizona and her sister states in the Southwest could take dramatically stronger actions to bring order to the border. And they would have both history and the Constitution on their side.

History first. In 1916, criminal gangs rivaled the authority of the Mexican government. Led by Pancho Villa, they launched attacks against Americans on both sides of the border. Following a bloody raid that killed American soldiers and civilians in New Mexico, President Woodrow Wilson dispatched 15,000 state militia to the border and sent Gen. John J. “Black Jack” Pershing and thousands more soldiers into Mexico after Villa and his bandits. Once Pershing’s force clashed with the Mexican army, Wilson ordered another 75,000 National Guardsmen to the border region. Supported by an enraged American citizenry, Wilson reacted swiftly and with substantial force to secure our southern border and drive out what was, in effect, a marauding army of Mexican invaders.

Today, armed drug cartels openly challenge the Mexican government. Deadly battles occur frequently in Mexico, where more than 6,500 people were killed by cartel forces last year and more than 5,000 have been killed so far this year. Paramilitary bands have entered the United States illegally and set up sentry and command posts. Federal authorities have actually ceded control of public land in Arizona to these invaders. Cartels claim openly that Mexico‘s border with the United States has been moved northward to Interstate 8. Federal officials have even advised the public to avoid the Sonoran Desert National Monument, which is not on the border; it’s 35 miles southwest of Phoenix.

Pinal County Sheriff Paul Babeu reports that attacks on police and American citizens have increased in the past several months, saying, “It is literally out of control.” Mitch Ellis, federal manager of the Buenos Aires National Wildlife Refuge in southern Arizona, warns that the area is “increasingly violent” because of “smugglers and border bandits.” The police chief of Nogales, Ariz., has received threats that cartels may use snipers positioned just across the border to target law enforcement personnel in the U.S.

Of course, this is not just about trafficking in drugs and illegals. According to reports, “hundreds of Somalis” with ties to “terror cells” have infiltrated the United States from Mexico. Al Qaeda, Hezbollah and kindred groups are all reported to be actively moving their members across the border. Trust me, these folks are not entering the United States illegally in order to get work in your neighbor’s backyard.

With Wilson‘s reaction to Pancho Villa’s pistoleros as precedent, President Obama has declined to be Wilsonian. He has refused to step up border enforcement. He and Attorney General Eric H. Holder Jr. have attacked the Arizona law, dishonestly claiming that it promotes racial profiling and is “anti-immigrant.” They have filed one lawsuit to block enforcement of the law and have warned that if the initial litigation fails, they will likely bring another case on a different legal theory. The administration asserts, disingenuously, that reports of crime by illegals are exaggerated. Funding for a fence has been cut. The president has ordered 1,200 National Guard troops to the region, but only to perform “support functions.”

Thus, Arizona‘s modest enforcement measures are under attack by the very federal government whose failure to secure the border precipitated their adoption. Is Arizona at the mercy of the Obama administration, or does it have some options here?

For one thing, Arizona can form and expand its own state militia. Such forces were common when our nation was founded, and the Second Amendment recognizes that a “well-regulated Militia” is “necessary to the security of a free State.” In short, Arizona and other states can raise and arm their own military forces. But, for what purpose can such forces legally act?

The Constitution is informative here. In Article IV, Section 4, the federal government is required to “protect each [state] against Invasion; and [on request of the state government] against domestic Violence.” As St. George Tucker noted, this provision guards against “the possibility of an undue partiality in the federal government,” for example a “sectional” president who might, for political reasons, decline to protect states in a certain region. Today the federal government, at the direction of the president, has declined to carry out its duty under Article IV. Leaving aside its other possible consequences, this intentional failure to protect Arizona raises the question of what action the state is now entitled to take under the Constitution.

This brings us to Article I, Section 10, Clause 3, which provides that “No State shall, without the Consent of Congress … engage in War, unless actually invaded, or in such imminent Danger as will not admit of delay.”

So, the militias organized and armed by a state may go to war when the state has been invaded or is in imminent danger. This is clear under Article I, and plainly justified when the federal government has deliberately failed to protect against invasion as required by Article IV. As Joseph Story explains in his treatise on the Constitution, the prohibition against states engaging in war is “wisely” limited by “exceptions sufficient for the safety of the states, and not justly open to the objection of being dangerous to the Union.”

At the time of our nation’s founding, the states surrendered certain limited powers to the federal government. Logically, foremost among the enumerated powers delegated to the new central authority were those relating to foreign affairs, including the war powers. But the states were prudent; they had a logical concern that if the federal government should fail in its duty to protect them from “invasion” or “imminent danger,” perhaps for reasons of political “partiality,” then the states should have a robust right to defend themselves, including by armed force. And so they do.

Ray Hartwell is a Navy veteran and a Washington lawyer

2010/06/30

Appeals panel considers whether Obama is even American

Source: WND


BORN IN THE USA?

Case challenges eligibility for failure to provide proof of citizenship


By Bob Unruh
© 2010 WorldNetDaily

Three judges on the 3rd U.S. Circuit Court of Appeals are beginning to review a case that alleges Barack Obama is not eligible to be president – in fact, he may not even be American.

The federal court case was brought by attorney Mario Apuzzo on behalf of plaintiffs Charles Kerchner and others, and had been dismissed at the district court level.

Arguments earlier had been scheduled for June 29 in the dispute, but a court order recently cancelled the hearing and instead announced the case would be decided based on the merits of the legal briefs submitted by attorneys.

A document from court clerk Marcia Waldron said the case will be decided by Judge Dolores Sloviter, who was appointed by Jimmy Carter; Maryanne Trump Barry, who was appointed by Bill Clinton; and Thomas Hardiman, who was appointed by George W. Bush.

Sign the petition that asks state officials to validate Barack Obama’s constitutional eligibility.

The filings were due on the day the hearing would have been held, but there’s no published timetable for a decision to be released.

The case argues Obama probably is not even a U.S. citizen, much less a “natural born citizen” as required by the U.S. Constitution of the chief executive officer,

On a blog dealing with the case, lead plaintiff Kerchner has delivered updates.

The case filed was against Obama, Congress and others, just before Obama was sworn into office.

The case has argued, “Under the British Nationality Act of 1948 his father was a British subject/citizen and not a United States citizen and Obama himself was a British subject/citizen at the time Obama was born.

“We further contend that Obama has failed to even conclusively prove that he is at least a ‘citizen of the United States’ under the Fourteenth Amendment as he claims by conclusively proving that he was born in Hawaii,” the arguments have claimed.

The claims from Apuzzo came in opposition to government demands that the case be dismissed for lack of “standing” on the part of the plaintiffs.

Apuzzo has argued that standing should be a simple decision.

“How can you deny he’s affecting me?” Apuzzo told WND during an interview. “He wants to have terror trials in New York. He published the CIA interrogation techniques. On and on. He goes around bowing and doing all these different things. His statements we’re not a Christian nation; we’re one of the largest Muslim nations. It’s all there.”

The case was brought by Apuzzo in January 2009 on behalf of Charles F. Kerchner Jr., Lowell T. Patterson, Darrell James Lenormand and Donald H. Nelson Jr.

Named as defendants are Barack Hussein Obama II, the U.S., Congress, the Senate, House of Representatives, former Vice President Dick Cheney and House Speaker Nancy Pelosi.

The case alleges Congress failed to follow the Constitution, which “provides that Congress must fully qualify the candidate ‘elected’ by the Electoral College Electors.”

The complaint also asserts “when Obama was born his father was a British subject/citizen and Obama himself was the same.” The case contends the framers of the U.S. Constitution, when they adopted the requirement that a president be a “natural born citizen,” excluded dual citizens.

Apuzzo’s latest filing argues Obama’s arguments “are nothing more than presentations of general statements on the law of standing which do not address the specific factual and legal content of plaintiffs’ claims. … The defendants in much of their brief basically tell the court that the Kerchner case should be dismissed because all other Obama cases have been dismissed.”

Apuzzo said it is “self-evident” under the Constitution that “anyone aspiring to be president has to conclusively prove that he or she is eligible to hold that office. Part of that burden is conclusively showing that one is a ‘natural born citizen.’ Hence, the citizenship status of Obama is critical to the question of whether plaintiffs having standing, for it is that very statute which is the basis of their injury in fact.”

He noted the case was filed before Obama became president.

“At this time he was still a private individual who had the burden of proving that he satisfied each and every element of Article II, Section 1, Clause 5. That plaintiffs filed their action at this time is important for it not only sets the time by which we are to judge when their standing attached to their action against Obama, Congress and the other defendants … but also to show that Obama has the burden of proof to show that he is a ‘natural born citizen’ and satisfied the other requirements of Article II,” Apuzzo wrote.

“At no time in these proceedings or in any other of the many cases that have been filed against him throughout the country has Obama produced a 1961 contemporaneous birth certificate from the state of Hawaii showing that he was born there … We must conclude for purposes of defendants’ motion that since Obama is not a 14th Amendment ‘Citizen of the United States’ let alone an Article II ‘natural born citizen,’ he is not eligible to be president and commander in chief. Not being eligible to be president and commander in chief he is currently acting as such without constitutional authority. It is Obama’s exercising the singular and great powers of the president and commander in chief without constitutional authority which is causing plaintiffs’ injury in fact.”

WND has reported on dozens of legal challenges to Obama’s status as a “natural born citizen.” The Constitution, Article 2, Section 1, 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.”

Some of the lawsuits question whether he was born in Hawaii, as he insists. If he was born out of the country, 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. And still others contend he holds Indonesian citizenship from his childhood living there.

Adding fuel to the fire is Obama’s persistent refusal to release documents that could provide answers and the appointment – at a cost confirmed to be at least $1.7 million – of myriad lawyers to defend against all requests for his documentation. While his supporters cite an online version of a “Certification of Live Birth” from Hawaii as his birth verification, critics point out such documents actually were issued for children not born in the state.

WND also has reported that among the documentation not yet available for Obama includes his kindergarten records, Punahou school records, Occidental College records, Columbia University records, Columbia thesis, Harvard Law School records, Harvard Law Review articles, scholarly articles from the University of Chicago, passport, medical records, files from his years as an Illinois state senator, his Illinois State Bar Association records, any baptism records and his adoption records.

2010/05/18

Entire US Government Said Knows Obama Ineligible For Office

Source: EU Times

Entire US Government Said Knows Obama Ineligible For Office

Members from all three branches of the Federal government already know that Barack Hussein Obama is ineligible for the office of President. National leaders, to include members of the US Supreme Court, already know that Barack Hussein Obama is not a “natural born citizen” of the United States of America, and therefore, is ineligible for the office he currently holds. (See JB’s new article on The Bottom Line on Natural Born Citizen)

What they don’t know is how long it will take for most Americans to figure it out, or what to do about it.

The diversionary search for an authentic birth certificate is ongoing and Obama has now spent in excess of $2 million in legal fees to keep that search alive.

Eric Holder’s Department of Justice continues to deploy taxpayer funded attorneys around the country to file dismissals on behalf of Obama, denying all American citizens access to the courts as a peaceful remedy, which only fuels the fire of discontent and the questions about Obama persist.

Michelle Obama states that Kenya is Barack’s “home country.” She knows, after twenty years with Barack. The Ambassador or Kenya has confirmed the same His family friends all know it, and are in fact quite proud of the fact that Americans had no hesitation in electing a “black man from Kenya” as President of the United States.

The US Supreme Court knows what the constitutional condition of “natural born citizen” means. Even the most far left member of that court, Justice Ginsberg, is on record proclaiming that a “natural born citizen” is a birth child of TWO legal US citizens.

Democrat Speaker of the House Nancy Pelosi knows that Barack Hussein Obama is not eligible for the office of president, which is why she refused to certify the following language when certifying Obama as the DNC candidate for president in 2008.

This is the normal language for certification of nomination for president and vice president, filed by the DNC only in the state of Hawaii…

This is the language filed by the DNC in the other 49 states, however…

Note that the language which certifies that Barack Hussein Obama meets all constitutional qualifications is missing in the DNC documents filed in 49 of the 50 states. The certification of constitutional qualification for the office of president was filed only in Hawaii. That text is missing in the DNC certification filings for all other states.

Whereas the RNC filed the exact same certification document, including the constitutional text for John McCain in all 50 states, Obama was technically certified in only one state, Hawaii. A mere inconvenient technicality, I’m sure…

The US Congress knows that Barack Hussein Obama is not constitutionally qualified for the office he holds. Although the congress passed a resolution proclaiming Senator John McCain a “natural born citizen” as the son of two US citizens, no such congressional resolution exists for Barack Hussein Obama.

The press knows that Obama is not a “natural born citizen,” having written on several occasions about the “Kenyan born” senator from Chicago. A number of citizens have already been arrested and jailed for asking these questions.

Over four-hundred law suits have been filed across the country asking the courts to force Obama to become the “transparent president” he promised to be, and all four-hundred are being dismissed before discovery, all on the basis that “no citizen has proper legal standing” to ask who and what their president really is…

Over a half-million citizens have now signed a petition demanding to see Obama’s birth records.

Numerous members of the US Military have refused deployment orders from Obama, on the basis that he refuses to evidence his constitutional qualifications to issue such orders. In most cases, the soldiers have simply been reassigned, so as to avoid any disciplinary action that could end in “defense discovery” which might finally force Obama to open up his files once and for all.

Now an eighteen year veteran flight surgeon and active Lt. Colonel faces court martial as he makes his demands for proof that Obama is constitutionally eligible to issue orders as Commander-in-Chief.
Obama’s entire domestic, foreign and national defense agenda has proven to be wholly anti-American

Obama’s entire domestic, foreign and national defense agenda has proven to be wholly anti-American on every possible level. Still, the answers concerning who and what Barack Hussein Obama Jr. really is remain elusive in the face of unprecedented efforts to ask the right questions.

No matter who asks, how they ask or where they ask, not one single individual in Washington DC or even state government seems willing to weigh in on the most important issue of our era. Who and what is the man sitting in the people’s White House?

How in the hell did we get an overtly anti-American resident of the people’s White House without so much as a simple birth certificate to prove who this person really is?

And why won’t a single elected representative of the people engage in the effort to force an answer to this question?

The answers to these and many more questions are likely very simple and equally chilling…
The Speaker of the House does not refuse to certify her candidate as “constitutionally qualified” in forty-nine of fifty states by accident

Nobody spends $2 million in legal fees to hide an authentic birth certificate. The Speaker of the House does not refuse to certify her candidate as “constitutionally qualified” in forty-nine of fifty states by accident. A press that knew he was the “first Kenyan born senator” didn’t forget that he was Kenyan born when he decided to run for president.

Most importantly, the people DO have a right (read – proper standing) to ask who and what their president really is, in any court, any time. And soldiers are court-martialed for refusing orders, unless those orders were issued by an illegitimate Commander-in-Chief.

DC knows what most Americans have yet to figure out…

Obama is NOT a natural born citizen no matter where he might have been born. Obama’s birth father was at no time an American citizen and on this basis alone, Obama cannot be a constitutionally qualified resident of the White House.

They know something else that the American people have yet to figure out…

The US Constitution no longer stands as the governing law of this land. Obama’s many unconstitutional policies, Czars, executive orders and statements provide the proof, and the fact that nobody in DC cares whether or not Obama is constitutionally qualified to be president of the United States should send a shiver down the spine of every red blooded American citizen, no matter their partisan agendas.

The people willing to ask the tough questions are deemed crackpots and conspiracy theorists, racists or bigots. But those tough questions should be obvious questions to all Americans and every president should have to answer those questions, no matter race, creed, color or party affiliation.

I fear that those questions will only be answered at the tip of pitch forks and torches one day. Sooner or later, the people will run out of patience with a system built to exclude them. When that day comes, I fear what methods will be employed and whether or not there will be a country left to save by then.

But sooner or later, one way or another, Obama will have to answer those questions. One day, the world will know who and what this man is and there will be a day of reckoning like no other in American history.

The longer it takes for that day to arrive, the more dangerous the situation will become. A man not even qualified to hold the office is using that office to destroy the greatest nation on earth. How much patience can the people be expected to display?

Obama is not eligible for the office he currently holds and everyone in a position to know – already know.

What they don’t know is how much longer they can keep it all a secret, or what will happen next.