Give Us Liberty

From: Don Fredrick
To: colony14@gmail.com
Date: Mon, 29 Nov 2010 20:38:22 -0200
Subject: Supreme Court refuses to hear Kerchner v. Obama
----

It was announced today that the U.S. Supreme Court has denied a Writ of
Certiriori in *Kerchner v. Obama*. That is, it refuses to hear the case. (It
takes four of the nine Justices to vote to hear a case in order for it to be
scheduled. That means that not only did the four liberal Justices, plus
Kennedy, vote not to hear the case, fewer than four of the conservative
Justices were willing to hear the case. I do not know what the vote was; it
could have been three, two, one, or zero Justices who might have voted to
hear the case.) In any event, at least six of the Justices are traitors who
would rather abandon the U.S. Constitution than risk upsetting the apple
cart.

Clearly the Court was afraid to tackle the issue of the legal and historical
meaning of the term "natural born citizen." The Justices *know full
well*that it is a timely and important legal question that needs to be
answered.
(Are they gong to wait until Bobby Jindal or Marco Rubio runs for president
and *then* decide, *"Oh, no, they are not eligible because their parents
were not U.S. citizens when they were born!"*)

If the Justices believe that "natural born" means nothing more than "native
born," they could have agreed to hear the case, issue that ruling, and be
done with it forever. (James Madison did not write "native born" in the
Constitution; he wrote "natural born.") That the Justices took the cowardly
way out means they are frightened to death of the consequences of ruling
against Obama by defining the term. There is no reason for the Court not to
have agreed to hear the case if they thought it would be a slam dunk in
favor of Obama.

Apparently the term "natural born citizen" now means *not* what the Founding
Fathers intended it to mean, but whatever the majority of Democrat and
Republican legislators want it to mean. So if Mahmoud Ahmadinejad says he
was born in Toledo and wants to run for President of the United States, I
guess he can - even though his parents were not U.S. citizens and he has no
U.S. long-form birth certificate. (Can we demand that he produce his
long-form birth certificate from Toledo? How could we? We did not demand
that Obama do so.)

Article II, Section 1 of the U.S Constitution 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; 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."

Had the Founding Fathers believed the term "natural born" to mean nothing
more than "native born," that section could have been written much more
concisely:

"No Person except a native born Citizen, 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."

The Constitution is a model of clarity and preciseness. It contains no words
that are unnecessary. The simple truth is that its authors understood the
term "natural born Citizen" to mean born on U.S. soil to two U.S.-citizen
parents, as evidenced by several 18th century documents and legal texts
familiar to the Founding Fathers, including Emerich de Vattel's *The Law of
Nations*.

The Court's cowardice now means that a Mexican woman who is nine months
pregnant can illegally cross the border, have her baby, and that child can
be President of the United States simply by virtue of being a "native born"
citizen, even though he may feel personal allegiance to Mexico.

I am certainly outnumbered on this issue. Obama's supporters of course did
not want the Supreme Court touching the issue. And even most of the people
who oppose Obama have either not paid attention to it or have bought the
media line that it only involves crackpots arguing about where Obama was
born - rather than what the term "natural born citizen" means. I will
continue to post daily updates to Part II of *The Obama Timeline* (
http://www.colony14.net/id155.html), and hope that someday the thug will be
exposed. But as time passes I worry less about the need to have the courts
keep him from being reelected. He is, after all, doing a pretty good job of
doing that himself.

Don Fredrick
www.colony14.net