Sunday, February 14, 2010


Obama and Congress Request and Obtain Extension of Time to File Opposition Brief to Kerchner Appeal

February 13th, 2010

On January 19, 2010, I filed the Appellants’ Opening Brief in the appeal of Kerchner et al. v. Obama et al. which is currently pending in the Third Circuit Court of Appeals in Philadelphia.

In that appeal, we maintain that the New Jersey Federal District Court erred in dismissing our case by ruling that plaintiffs do not have standing to challenge Obama’s alleged eligibility to be President and Commander in Chief of the Military and that our case presents a non-justiciable political question.

In our case, we have provided the Founder’s and Framers’ definition of an Article II “natural born Citizen” which is a child born in the country to citizen parents.

We maintain that Obama is not an Article II “natural born Citizen” because he lacks unity of citizenship and allegiance from birth which is obtained when a child is born in the United States to a mother and father who are both United States citizens at the time of birth.

Obama’s father was only a temporary visitor to the United States when Obama was born and never even became a resident let alone a citizen. Not being an Article II “natural born Citizen,” Obama is not eligible to be President and Commander in Chief.

We also maintain that Obama has failed to conclusively prove that he was born in Hawaii by publicly presenting a copy of a contemporaneous birth certificate (a long-form birth certificate generated when he was born in 1961 and not simply a digital image of computer generated Certification of Live Birth [COLB] allegedly obtained from the Hawaii Department of Health in 2007 which was posted on the internet by some unknown person in 2008) or through other contemporaneous and objective documentation.

Having failed to meet his constitutional burden of proof under Article II, Section 1, Clause 5, we cannot accept him as a “natural born Citizen.”

The defendants had 30 days within which to file their opposition brief.

Defendants have requested and obtained from the Court an extension of time to file their brief.

The Court has granted them until March 8, 2010 to file it. After that filing, I will then have a chance to file a reply brief within the next 14 days.

You may obtain a copy of my brief at this site. We will be posting here the defendants’ opposition brief after it is filed along with my reply brief.

I hope that many of you will take the time to read these briefs so that you may learn first hand what the legal issues and arguments are regarding whether the plaintiffs have standing and/or are precluded by the political question doctrine to challenge Obama on his eligibility to be President and Commander in Chief, and what the meaning of an Article II “natural born Citizen” is.

Mario Apuzzo, Esq.
February 12, 2010

Related extended story links in original article:


Ann said...

Andrew Jackson was born in the USA, but neither of his parents were US citizens at the time of his birth.

To be sure, the fell under the grandfather provisions of the Constitution since he was born before the Constitution. But that doesn't change the fact that he was not a Natural Born Citizen according to your definition and yet he was a great president. The fact that his parents were not US Citizens did not make him disloyal, and it wouldn't make any other president disloyal either.

In fact, the meaning of Natural Born at the time of the writing of the Constitution was simply "born in the county," so Andrew Jackson was a Natural Bon Citizen due to his birth in the USA, and so is Obama due to his birth in Hawaii.

Obama has shown the official birth certificate of Hawaii, and he fact on it wer twice confirmed by the officials in Hawaii, both members of a Republican governor's administration.

Puzo1 said...


Andrew Jackson was eligible to be President under the grandfather clause of Article II of the Constitution. Surely, Obama cannot take advantage of the grandfather clause in Article II which allowed “citizens of the United States” to be eligible to be President, for being born 173 years after the Constitution was adopted he cannot take advantage of that now obsolete clause.

Also, a "natural born citizen" is not just being born in the country. Our United States Supreme Court has defined the clause in more than one case and it has told us that it means born in the country to parents who are citizens. You are wrong on the grandfather clause and you are wrong on the meaning of the "natural born Citizen." Simple as that.

the spunky one said...

Ann, Puzo 1 is correct. To be born here of one parent who is a citizen is to be NATIVE BORN.

To be a NATURAL BORN citizen one must have BOTH parents be US citizens.

O's father - who never married his mother - was a British subject of Kenya, Africa and NOT a US citizen!

So therefore, O would not have a true allegiance to our country. If a war broke out between the US - his mother's country - and Africa - his father's country -
where would his allegiance lie???

That is why the founding fathers declared that any president MUST be NATURAL BORN - BOTH PARENTS TO BE US CITIZENS.

What other previously elected president/s - not counting those under the grandfather clause of Article II of our Constitution - had ONLY ONE parent who was a US citizen? NONE that I know of!!

As to his birth certificate. The one on his website is a short form computer-produced Certification of Live Birth (COLB) issued to babies NOT born in hospitals on the islands. It simply takes the word of the mother as to the "info".

A REAL and TRUE birth certificate has much more info on it including the attending physician and the hospital - time of birth - length and weight etc.

I have friends in HI and have seen their BIRTH CERTIFICATES. They look just like mine from MI - black with white TYPE - no computer certificates!

No, Ann, O is NOT a NATURAL BORN citizen and he is NOT eligible to hold the office of the president.
And he needs to be removed before he causes more damage to our great country - hopefully SOMEONE will
develop the gonads to do so.

spunky one