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org

Alt
KAREN L. KIEFER, M.B.A., J.D. ATTORNEY AT LAW
Business & Legal Consulting 1005 Loucks Ave. Scondale, Pennsylvania 15683 Telephone/Fax: 724-887-1005

HAND DELIVER Chief Clerk's Office Commonwealth Court of Pennsylvania Pennsylvania Judicial Center 601 Commonwealth Avenue, Suite 2100 P. 0. Box 69185 Harrisburg, PA. 17106-9185

RE: Nomination Petition Challenge To the Judges of the Commonwealth Court, Enclosed herewith is a Nomination Petition Objection brought by Charles F. Kerchner, et al, to the Petition filed by candidate Barack Hussein Obama, II, Aka Barack Hussein Obama, Aka Barack H. Obama, for the Office of President of the United States, to appear on the Primary ballot of the Commonwealth of Pennsylvania. Please accept this Nomination Petition Objection for filing, along with the fee in the amount of $53.50, payable to the Office of the Prothonotary, Commonwealth Court of Pa. Thank you for your assistance with this matter. Sincerely yours,

KAREN L. KIEFER, Counsel for ObjectorS cc. Charles F. Kerchner, JR. Dale A. Laudenslager

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IN THE COMMONWEALTH COURT OF PENNSYLVANIA

CHARLES F. KERCHNER, JR., and DALE A. LAUDENSLAGER,

Case no

i Q 0

NOMINATION PETITION OBJECTION 2012 Primary Election

FILED BY: Objectors, VS. 1005 Loucks Avenue BARACK HUSSEIN OBAMA, II Aka BARACK HUSSEIN OBAMA, Aka BARACK H. OBAMA, Candidate. Scottdale, Pa. 15683 724 887 1005 KAREN L. KIEFER, ATTORNEY AT LAW PA. I.D. No. 80973

..

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IN THE COMMONWEALTH COURT OF PENNSYLVANIA

CHARLES F. KERCHNER, JR., Case no.: NOMINATION PETITION OBJECTION DALE A. LAUDENSLAGER, Objectors Vs. BARACK HUSSEIN OBAMA, li Aka BARACK HUSSEIN OBAMA, Aka BARACK H. OBAMA, Candidate. COMPLAINT 1 2012 Primary Election

AND NOW, comes CHARLES F. KERCHNER, JR.

and DALE A. LAUDENSLAGER,

Objectors, by and through their counsel, KAREN L. KIEFER, Attorney at Law, challenging the Nomination Petition of BARACK HUSSEIN OBAMA, II, Aka BARACK HUSSEIN OBAMA, Aka BARACK H. OBAMA, Candidate, pursuant to 25 P.S. Chapter 14, Article IX, c, Section 2937, and in support thereof, aver the following: 1. Article II, Section 1, of the U.S. Constitution requires that to be eligible for the Office of President of the United States, a candidate must be a "natural born Citizen of the United States". See Exhibit 'A', Constitution of the United States, September 17, 1787. 2. In Pennsylvania, the Department of State printed candidates 'packet of required

qualifications and instructions' provided by the Pa. Secretary of States' office, Jonathon M. Marks, Commissioner and the Department of State website acknowledge the U.S.

Co 1

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Constitutional authority and state that to be eligible in Pennsylvania for the Office of

President of the United States, a candidate must be a "natural born Citizen". See Exhibit
EV, Commissioner Marks letter dated February 8, 2012 & Exhibit 'C', Pa. Department of State website page. 3. Candidate Obama, who is not a 'natural born Citizen' of the United States, has filed a

Nomination Petition to be nominated for the Office of President of the United States & listed as such on the ballot of the Commonwealth of Pennsylvania. See Exhibit 'D', General Election Primary Candidate List, Pa. Dept. of State publication, Page 1.

4.

A "natural born Citizen" is a person born in the country to parents who are both

citizens of the country. See Exhibit 'E', Treatise, "The Law of Nations or Principles of Natural Law" (1758). To meet the test of "natural born Citizen", both of the candidate's parents must be U.S. citizens at the time of the candidate's birth in the United States. A

"natural born Citizen" has unity of citizenship and sole allegiance to one nation and only
one nation at birth. See Exhibit 'F', Legal Essay, Mario Apuzzo, Esq. 5. Candidate Obama's father, Barack Hussein Obama, Sr., was a foreign national at the

time of his birth and Candidate Obama admits same in his book, "Dreams From My Father", at page 215, that in mid 1960's "the government (Kenya) revoked his (father's)

passport, and he (Obama, Sr.) couldn't even leave Kenya"; Candidate Obama's father was never an immigrant to the United States, nor a permanent resident; Candidate Obama's
father never filed for or attained U.S citizenship status; therefore, candidate Obama fails to meet U.S. Constitutional and Pennsylvania requirements for the Office of President of the United States. See Exhibit `G', INS Nonimmigrant "F-1" Visa Student Report regarding

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candidate Obama's father and Exhibit "H", Excerpt "Dreams From My Father", authored by candidate Obama. 6. Candidate Obarna was born a dual citizen with dual allegiance at birth. He was born a

British subject via his father and a U.S. citizen via his mother. 7. Candidate Obama, on April 10, 2008, submitted Senate Resolution 511, referencing

the First Congress's statute defining the term 'natural born Citizen' and resolving that John Sidney McCain, III, was a "natural born Citizen", as he was 'born to American citizens...' (plural). See Exhibit 'I', Senate Resolution 511 and Exhibit T, First Congress's statute, Naturalization Act of 1790. 8. Candidate Obama, in his Candidate's Affidavit, has declared he is eligible for the Office

of President, and, therefore, has the burden of proving to this Honorable Court the truth of the matter, specifically, both parents' American citizenship to be a 'natural born Citizen'. 9. Plaintiffs, Kerchner & Laudenslager are residents of Pa. and duly registered members

of the electorate. WHEREFORE, Plaintiffs pray that the nomination petition or papers submitted by candidate Barack Hussein Obama, II, Aka Barack Hussein Obama, Aka Barack H. Obama, be set aside due to his failure to meet the eligibility requirements for the office he seeks. Respectfully submitted,

KAREN L. KIEFER, Attorney for Objectors

1005 Loucks Avenue, Scottdale, Pa. 15683 724 887 1005 PA. I.D. # 80973

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VERIFICATION I verify that the statements made in this Complaint challenging the eligibility of candidate Barack Hussein Obama, II, are true and correct. I understand that statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsification to authorities.

Date:

07 rdy - 2c /z

CHARLES F. KERCHNER, JR.

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VERIFICATION

I verify that the statements made in this Complaint challenging the eligibility of candidate Barack Hussein Obama, II, are true and correct. I understand that statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsification to authorities.

DALE A. LAUDENSLAGER Date: oZ c?/C) /

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CERTIFICATION of SERVICE

I, Karen L. Kiefer, hereby certify that on this the

day of

2012, I mailed to candidate Barack Hussein Obama, 1600 Pennsylvania Avenue, Washington
D.C., 20006 a copy of the Nomination Petition Objection, by Registered Mail, Return Receipt Requested, and by regular U.S. mail, postage prepaid. Further, I personally served a copy of the Nomination Petition Objection on the Democratic National Committee, 300 N. 2" Street, 8th Floor, Harrisburg, Pa. 17110. Finally, the duly elected Sheriff of Westmoreland County, Pa., has served a copy of the Nomination Petition Objection upon the Secret Service,

Greensburg, Pa.

KAREN L. KIEFER, M.B.A., J.D. Attorney for Plaintiff 1005 Loucks Avenue

Scottdale, Pa. 15683

Pa. I.D. No. 80973 724 887 1005

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Noditixd b> Alnentheem X if 1, tor six Years: and each Senator shall 4 '. 444 e 14 1 21 1 tonwasstels atier they shall be assembled in Consequence Of Uic Ins! Heenan. they shall be divided as equally as may he into three (lasses rite Seats of the Senators of the first Class shall be vacated at the Uspiratton of the second Year, of the second Class at the Expiration of the foutth Year, and of the third Class at the Expiration of the sixth Year, so that one third may he chosen every
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House of Representati elcmcsentanies shall he composed Section 2. III The 11.sr,,, Vtembers chosen viers. o -s-s l ear bs the People it lie so: oral slate shall have the Oirsisneatisins States, and the Electors u. shssi immermis Branch or the State requisite for Elects -us o
I egistlature 1 2 1 ;St , Prison shall o, s Kesis emitive o ho 401 1sot have ji s !'ears a it tined to the Age l cd, be an 'Until of the United Sync, ,and y hsi til not. uibrn Iv tl he chosen Inhabitant of that State in 131 Reiraysenianues is ' doe,

dterra5 e h. he so, of the Legislature of any Stare, the Executive , cmpontr Appointments until the steal Veiling of Mc,
Ow : . ,ash shall then till such titcancies Modified his Anicridnicsst A's 11, Clause 21 1 3 1 N.f , ssn s h all he a Senator who shalt not have attained to the \1!e ears, and beets nine Years a Coven of the United :States, and who shall not, whets elected. be an Inhabitant of that State for - which he shall be chosen,

s,,, N auri he apportioned

hided Withal this Union, hint shall he determined by ersonc, winding thaw bound

among the WWI

Jeivoriting hit adding to VSre {ro le Nowt

1,11 The Vice President of the I inked StatCS shall be Presodent of

the Senate. but shall have: no Vote. unless they be equally divided.

S'ervute M fifths of t rnl I- isms

of

lerm of Is 'mn!

ntd . Indians not taxed. three

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0 three Years after the first NrIceting

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unierati on 41.0: In made the State of 'vein Hampshirele entitled to chusc /Mc,- Massachusetts eight. ittwdeIsland Idolise Plantains/is saw, onnectieut five, New-Vol-I, six, Oclau arc one. Mioxland tax. sews: four, Penns -. Is sr , Smolt Carolina diva and Cicorgia <;:j teat. NOM&

( The Senate shall chose their other Officers, and also a President tiro temporc.. in the Absence of the Vice President, or when he shall exercise the Office of President of the United States, the Senate shalt have the sole Power to try all Inipcaviltni2T1, When stump rot that Purpose. Ibex 51'011 be on Oath or An/in-mums When the NO mient oldie Untied States is tried, the noel Justice dial] p a side At id no Person shall he c ots1 to tell without the comurrence two thirds of the Members present (71 tudement in Cases of Impeachment shall not extend furthet that' t: yam (OM, and disqualification to hold and en's ;At Trust or Profit under the United States . but the
all fin enisch:Ns he harsh- and subject to Intlictment. ,sssl Punishment, aces/tams! to Law .

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is

Om, LALIALf,, ifie Discoseries. their respa. Its e Akion : .. init.:nor to the supreme Court; t a-0nm 0,0, , 1rilsunal s 101 to d e rmo ,,,,d noio s h Piracies and Felonies committed on the high Seas, and , oicn, e: against the Law of Nations, 1111 Tod late Nat., grant Letters of Marette and Reprisal. and make Rules our. CAlpture,,, on Land and Water; 1121 To rata support Armies. but no Appropnatton of money to that Use shall Is, r,,r a !singer Tat in than two rears: 1131 To pont& mat maintain a Navy: (141 To make Rule fur the Govemmero and Regidation of the land and naval fours, 1 S To provide 101 e Ant; forth the Militia to execute the Laws of the Union, suppress Insurrectoons and repel Inv-asions fib] To provide he organizing, annme. and disciplining, the Militia, and for governing such Part of them a, Mse he employ,st to , the Service of the I. tined Stares, reserving to the States respective!} the Appointment of the Officers, and the Autliseuv of Minim; the Militia according to the discipline prese.nhed by Congress; 1171 To exercise exclusive Legislation in all Cases %shams:vet . . esser such District (not exceeding ten !Stiles square, as may, by Cession of particular States, and the Actaepcm cc of Congress. become the Seat of the (;averment of the rimed States, and to exercise like Authority over all Places purchased hy the l ,atent af the Legislature of the 'State in wind, the Same shall lie. :et :he Election of Forts, Magazines, Arsenal dock ."`IJI is, and wait Puddings. And DS] To make at I ay, which shall be necessary and proper for ,.,,,rrying into Lsee,amo tf tbalwer i osiers. and all other Powers vested by this C,,,, at in the rnment of the United States, or thereof in any Departmen. Pt t ty s I V!'Litms( DENIED 10 CONGRESS ..ceeritin 9. 1I' Tha t.tranon or hripOetallOrl utMieh Perfootts' 55 any of the , ,, ,stme shall think proper to admit, shall n ot 1,o p e d aho o d I., ice r ',tigress prior to the Year one thousand caglil hundred and u,ehl, set a Tex or dues may he unposed On such mortatido, not evieeding ten dollars for each Person ;2') The Privilege of the Wrrt of habeas Corpus shall not be s , ,sps tided, unless when in c aces of Rebellion or Ins awn the public igen' may require It -7 II) No Hill 01 Amitosis-, it cx post facto Law shalt be passed. Si fttPilatum or other direct, fax , shall he laid. unless in

t, he token 151 No lax 4.,

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n he tad on Aonte, exionted !torn any Stale iniNo Preferens, sitt,i-ttisce bs aft s I' halation of (*otomeree p ,m s e Revalue t 11,0,e sit another, 1.it shalt o r Rev sSta c vessels boon ,,,r ln , , one Stale. be , ,-blifted to enter, clear. en' pay nett Durre s shall h. deatlell tia , In the treasury, but in epnatons !nark b y Law and it regular or the Receipts and I spent:Mures of all public oncy s shed from time to time. No Title of Nobility shall he granted by the United States: Person holding :my iffice of Profit or Trust tunic' them, all, without the Cdeisettl 14 the Congress, aseept of any present. Emolument, ()Mee., , /r Taft of any kind Whatever; from any King, Prinee.or foreign State. LIMITATIONS OF STATE POWERS Section 10. 11,1 No State shall enter into any Treaty, Alliance. or Confederation: gram Letters of Marque and Reprisal; coin Money; emit Bills of Credit; make any Thing but gold and stlser Com a Tender in Payment of Debts: pass any Bill of Attainder, cx post facto Law or Law impairing the Obligation of Contracts. or grant any Title of Nobility:. 121 No State shall, without the Constant of the Congress, lay any Imposts Or Duties on Imports or Exports. except what may be absolutely necessary tor executing it's inspection Laws: and the net Produce of all Duties and Imposts, laid by any State on Imports of Exports, shall be bit die 'se of the Treasure of the I bitted States: and all such Laws snail 1 submet no the Revision and Comma of the Congress 131 No State cttail< w oluou the Consent of Congress, lay any Duty o f Tonnage, kee p ShIri, of War in urns of enter nun any ,kereellieni or Compact with another State, or with foreign Power, (. 1 neap n War- unless actually invaded, or in such IMMIner11 'Danger as will lint admit of delay

Poe,

Article 11,
lIll I \H", 11% t- fikAsr rt Section 1. I I 1 l he ...AL', uric Pms et shall I s este(' III a President of the Protest Stares of Satiet ,ea Ike shall hold hr* ...Mice during the

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eat h; with It I t 61.1. shill' , t,i.; ,: .na r't'e Irk. ova transmit sealed in the Seat qf ire- ra., ,, +intern of the 1,,tnied States due, k a to the Preside to of the .v, - cos, At President of the Senate !Mall in the Pirsena- of the Seruc, ,,nal I! stir of Represemanes npoi all M c t ',trim, a se s arid the tOo..s shall then he i:ountell: The Penn', has /Ng she greatest \nude, id` lines shall be the President, if Number be 0 Ahjyrn n .1 the whale Nomber o f Electors appointed; and if there he "tore rho"
,tree

who

hate mich Afajoray and how an equal Number 4 titter

then the Ilnitie of RepretentatIves !thrill immediately chuse by Ballot one of Meat lire President, WO it no Per nn hate a Stairway then from the fire highest on the ha di* ild rh,..,.. shall (I) like manner chum the President But in skating al, President the tines Mudl be taken by States: the Representatinniri on eac h, State having one tae; a quorum for this Purpose Mall it.titit id a Member or

Members

from triti thirds al tier Marrs. and 0 :ItitAtiat.. of off the Stales shall be necessary hi it Choi, c in weft, rat,' ~after the Chaim pi Mc
President. she !'crier , havillg the greatest Nttraiber Of fides al the Mecums shall he th, I r,, Pats:dem But if them should remain 114f1 or more who have eiptal t; t, s, flu' Sonar shaft thuse from them hi

Modified by Amendment XIII, [41 The Congress may determine the lime of chasing the Ocelots. and the Day rut which they shall cone then Votes; which Day shall he the same throughout the (., m led States 1S-1 No Pelson es, ern a mutual bon: Citizen. or a Citizen of t h e United States. at the time of the Adoption of this Constitution, shall br digthle to the Office of President, neither shall any Person be eligibly' to that I /thee who shalt not has e attained to the Age of thins fise ear*, and been fourteen Years a Resident within the United States, [M itt Case tt,t the Removal id the Prevdcra jinni Ofhi,e a, .1 her
Ballot the 17, .' Pirsidr/ I,, Revien.,te ,,,, s it in:lila% ':, ,i: i, harge the Powers OM' / 'I , H ,
, h,,' thu S lir, hoO 4 1, ,, s a ''ti the i Yee

PI-evident awlofI'tinIf

by Amendment XXVI 71 The Picyto.:n shall at stated Times. texteise for his Services, Compensatiot . ma th shall neither he increased nor diminished during the Fern: tot which he shall base been elected, and he shall not receive s ohm hat Period any other Emolument from the United States, or ars r, 1 (X) Before qi" user on the Execution of his Office, he shall take the fall ow i ng Ont. ne A flinuation: to solemnly swear for affirm) that t o ' ithfully execute the Office of President of the United States..iad a 11 t to the best of my Ahii trf, preserve, protest and defend the t Ymdmition of the United States Section 2. `;. 1/ The President shall be Commander in Chief of the .Orin'. and Nuys of the Untied St,nes, and oI se Militia of the several States. when caned into the actual Service t the United States; he may require the opinion, in writing, of the principal Officer in each of the executive Departments. upon any Subject relating to the Duties of their respective Offices, and he shall have Power to grant Reprieves and Pardons for Offences against the United States, except in Cases of Impeachment. 12) He shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur: and he shall nominate, and by and with the Advice and Consent or , he Senate, shall appoint Ambassadors, other public Ministers and Consuls. Judges of the supreme Court. and all other Officers or ihc ('tined States, whose Appointments are not herein otherwise provided for, and which shall he established by Law- but the Congress may by Law vest the Appointment of such inferior Officers, as they think proper, in the President alone. in the Courts of Law, or in the, I leads of Departments.. 11J The PreNtileni shall have Power to fill up all Vacancies that may happen during the Recess of the Senate, hy - granting Commissions which shall expire n the End of their next Sessitnt ily shall from time to time give to the Congress Section Information State of the Union, and recommend to their Consideration secit. Measures as he shall judge necessary and expedient, he may . ,71 extraordinary, Occasions, convene both douses. or either of them and in Case of Disagreement between them, with Respect to the I one of Adjournment, he may adjourn them to such Time as he shad: lisatk proper: he shall receive Ambassadors and
eh, ti,t:\i ,,(ii,ed

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Commonwealth of Pennsylvania Department of State Bureau Commissions. Elections and Legislation 401 North Street Room 210 North Office Building Harrisburg, PA 17120

RECEIVED FEB 1 0 2012

Jonathan M. Marks
Commissioner

Telephone: (717) 787-5280

Fax: (717) 705-0 7 21

February 8, 2012
Dear Mr. Laudenslager. I am in receipt of your request for information regarding the requirements for appearing on the ballot for the office of President of the United States. There is a process for getting on the ballot for the 2012 Primary for major party candidates and another process for independent and third party candidates to access the ballot for the 2012 General Election. In Pennsylvania, to be nominated by a major party (currently either the Republicans or Democrats), a candidate must file nomination petitions for the primary election, which for 2012 will be held on April 24. For the 2012 Presidential election, the first day to circulate nomination petitions is January 24, 2012, and they must be tiled by February 14, 2012. The signature requirement for nomination petitions for the office of President of the United States is 2,000 registered Pennsylvania electors with a filing fee of $200. See 25 P.S. 2872.1 and 2873. From February 15 through February 21, 2012, objections to a candidate's nomination petitions may be filed for reasons regarding the sufficiency of the nomination petitions and the candidate's qualifications. For state - wide offices, the objections are filed with the Commonwealth Court, with a copy filed with the Secretary, and the Commonwealth Court schedules a hearing to decide whether or not the candidate will remain on the ballot for the No\ ember election. See 25 P.S. 2937. Additionally. the Democratic Party has a delegate and alternate delegate commitment rule. Accordingly, a candidate for the Democratic presidential nomination must have filed by January 9, 2012 a declaration of candidacy which authorizes delegates and alternate delegates to pledge their support and commitment to the candidate. See 25 P.S. 2839.1. Candidates for the Republican presidential nomination do not have a similar requirement. Third party and independent candidates file nomination papers. For the 2012, Presidential election, the first day to circulate nomination papers is February 15, 2012. and they must be filed by August 1, 2012. The signature requirement is based upon the results of the 2011 Municipal Election, which will be 2% of the largest entire vote cast for any elected candidate in the State at large. There is another objection period for nomination papers, as described above, and the objections may be filed between. August 2 through August 8. 2012. See 25 P.S. 2911 and 2937.

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rcrrer PHONE NO. : 6109E3604.7 Feb. 10 2012 09: .32PM r...2

g 175

tr "r*

For the office of President of the United States, the requirements are stated in the Constitution of the United States al Article U, Section 5, which states "lab 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 resident within the United States." Additional information regarding running for office and the 2012 Election Caler,dar can be found , on the Departments website at wwv,dos state,pa,us. Should you have further questions, please contact the Bureau of Commissions, Elections, and Legislation at the Department of State by telephone, at (717) 787-5280, or via e-mail at rv-heel us.

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Qualification Requirements to Run for Public Office

Federal Offices

Office
President of the United States (United States Const.. Art. II, 1-4)
Iinited States Senator

Age
35 yrs. 14 yrs. Resident in Nation, Natural Born Citizen

(United States Const, Art. I. 3-3) Representative in Congress (United States Const., Art. 1, 2-2) State Offices

Inhabitant of State, 9 yrs. Citizen Inhabitant of State, 7 Citizen

MTATt-frmiv.,4

;.;

Governor (Pennsylvania Const Art. IV, 5) Lt. Governor (Pennsylvania Const.. Art, IV, 5) Attorney General (Pennsylvania Const., Art, IV, 5) (Must be Member of Bar of Supreme Court of PA) r Auditor General State Treasurer Senator in General Assembly (Pennsylvania Const., Art. Ii, 5) Representative in General Assembly ( Pennsylvania Const Art. II. 5)

30 yrs. 30 yrs.

7 yrs. Inhabitant of State, Citizenship Required 7 yrs. Inhabitant of State, Citizenship Required 7 yrs. Inhabitant of State, Citizenship required

30 yrs.

(NOT SPECIFIED) (NOT SPECIFIED) 25 yrs. 4 yrs. Inhabitant of State. 1 yr. Inhabitant of District, 4 yrs. U.S. Citizen 4 yrs. Inhabitant of State, 1 yr. Inhabitant of District. 4 yrs. U.S. Citizen

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2/15/20125:51:00 PM Unofficial Commonwealth of Pennsylvania Department of State Bureau of Commissions, Elections & Legislation 4/24/2012 2012 GENERAL. ELECTION PRIMARY CANDIDATE LIST Unofficial Candidate Listing PAGE 1 OF 54 Unofficial

*'/1 /3 /7-

Office PRESIDENT OF THE UNITED STATES

District

Candidate Name

Party

Municipality

County

Statewide SANTORUM, RICHARD ROMNEY, MITT GINGRICH, NEWT PAUL, RON OBAMA, BARACK UNITED STATES SENATOR Statewide ROHRER, SAM WELCH, STEVEN SCARINGI, MARC SMITH, TOM CHRISTIAN, DAVID CASEY, BOB VODVARKA, JOSEPH ATTORNEY GENERAL Statewide FREED, DAVID MURPHY, PATRICK KANE, KATHLEEN AUDITOR GENERAL Statewide PINTO, FRANK REP MIDDLE PAXTON DAUPHIN REP DEM DEM CAMP HILL BORO BRISTOL TWP CUMBERLAND BUCKS LACKAWANNA REP REP REP REP REP DEM DEM SCRANTON ROBESON CHARLESTOWN TWP CAMP HILL BORO PLUMCREEK TWP BERKS CHESTER CUMBERLAND ARMSTRONG BUCKS LACKAWANNA ALLEGHENY REP REP REP REP DEM FAIRFAX COUNTY

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The Law of Nations or the Principles of Natural L w (1758)

Emmerich de Vattet

BOOK 1, CHAPTER 19

Of Our Native Country, and Several Things That Relate to It

211. What is our country,
THE whole of the countries possessed by a nation and subject to its laws, fomis, as we have already said, its territory, and is the common country of all the individuals of the nation. We have been obliged to anticipate the definition of the term, native country, because our subject led us to treat of the love of our country a virtue so excellent and so necessary in a state. Supposing, then, this definition already known, it remains that we should explain several things that have a relation to this subject and answer the questions that naturally arise from it

212. Citizens and natives.

The citizens are the members of the civil society; bound to this society by certain duties, and subject to its authority they equally participate in its

advantages. The natives, or natural-born citizens, are those born in the country, of parents who are citizens. As the society cannot exist and perpetuate itself otherwise than by the children of the citizens, those children naturally follow the condition-of their fathers, and succeed to all their rights. The society is supposed to desire this, in consequence of what it owes to its own preservation; and it is presumed, as matter of course, that each citizen, on entering into society, reserves to his children the right of becoming members of it. The country of the fathers is therefore that of the children; and these become true citizens merely by their tacit consent. We shall soon see whether, on their corning to the years of discretion, they may renounce their right, and what they owe to the society in which they were born. I say that, in order to be of the country it is necessary that a person be born of a father who is a citizen: for, if he is born there of a foreigner, it witt be only the place of his birth, and not his country 2'13. Inhabitants.

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E;x'7-fr73 / 7

Originally Posted. Thursday, April 23, 2009

Article II "Natural Born Citizen" Means Unity of Citizenshipand Sole Allegiance at Birth
Article II "Natural Born Citizen" Means Unity of Citizenship and Sole Allegiance at Birth by: Mario Apuzzo, Esq.
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Citizen

Article II of our Constitution has a lot to say about how a would-be President is born. "Natural born Citizen" status requires not only birth on U.S. soil but also birth to parents who are both U.S. citizens by birth or naturalization. This unity of jus soli (soil) and jus sanguinis (descent) in the child at the time of birth assures that the child is born, with sole allegiance (obligation of fidelity and obedience to government in consideration for protection that government gives (U.S. v. Kuhn, 49 F.Supp.407, 414 (D.C.N.Y)) and loyalty to the United States and that no other nation can lay any claim to the child's (later an adult) allegiance and loyalty. Indeed, under such birth circumstances, no other nation can legally or morally demand any military or political obligations from that person. The child, as he/she grows, will also have a better chance of not psychologically struggling with conflicted allegiance and loyalty to any other nation. Unity of citizenship and allegiance is based on the teachings of the law of nature (natural law) and the law of nations, as confirmed by ancient Greek and Roman law: American, European. and English constitutions, common and civil law, and statutes; and Vaud's. I hr Law of Nations, all of which the Founding Fathers read and understood. These
sources have taught civilizations from time immemorial that a person gains allegiance and loyalty and therefore attachment for a nation from either being born on the soil of the

community defining that nation or from being born to parents who were also barn an that same soil or who naturalized as though they were born on that soil. It is only by combining at birth in the child both means to inherit these two sources of citizenship that the child by nature and therefore also by law is born with only one allegiance and loyalty to and consequently attachment for only the United States.

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Our Constitution requires unity of U.S. citizenship and allegiance from birth only for the Office of President and Commander in Chief of the Military, given the unique nature of the position, a position that empowers one person to decide whether our national survival requires the destruction of or a nuclear attack on or some less military measure against another nation or group. It is required of the President because such a status gives the American people the best Constitutional chance that a would-be President will not have any foreign influences which because of conflict of conscience can most certainly taint his/her critical decisions made when leading the nation. Hence, the special status is a Constitutional eligibility requirement to he President and thereby to be vested with the sole power to decide the fate and survival of the American people, Of course, the status. being a minimum Constitutional requirement, does not guarantee that a would-be President will have love and fealty only for the United States. Therefore, the final informed and intelligent decision on who the President will be is left to the voters. the Electors, and Congress at the Joint Session, to whom hopefully responsible media and political institutions will have provided all the necessary vetting information concerning the candidates character and qualifications to be President. Through historical development, unity of citizenship and sole allegiance at birth is not required for U.S. born citizen Senators, Representatives, and regular citizens under the 14th Amendment and Congressional enactments. In contradiction and which confirms the Founding Fathers' meaning of what a "natural born Citizen" is, naturalized citizens, since 1795, before becoming such must swear an oath that they renounce all other allegiances to other nations. During the Washington Administration, the First Congress passed the Naturalization Act of 1795 in which it provided that new citizens take a solemn oath to support the Constitution and "renounce" all "allegiance" to their former political regimes This is during the time that;most of the Framers were alive and still actively involved in guiding and forming the new national government and Constitutional Republic. Today, we still require that an alien upon being naturalized must give an oath that he/she renounces all former allegiances and that he/she will "support and defend the Constitution and laws of the United States of America against all enemies, foreign and domestic." Hence, allegiance is not simply a thing of the past but very much with us today. It is important to also understand that naturalization takes an alien back to the moment of birth and by law changes that alien's birth status. In other words, naturalization, which by legal definition requires sole allegiance to the United States, recreates the individual as though he were a born Citizen but only does it by law and not by nature. This is the reason that the 14th Amendment considers a naturalized person to be a citizen" of the United States and not a "natural born. Citizen" of the United States. This recreation of birth status through naturalization which also existed under English common law also probably explains why John Jay underlined the word "born" when he recommended to General Washington that only a "natural born Citizen" (as to say born in fact, by nature, and not by law) be allowed to be President. Consequently, naturalized citizens stand on an equal footing with born Citizens (who are so recognized and confirmed by the 14th Amendment or by an Act of Congress and who can be but not necessarily are also "natural born Citizens -) except that they cannot be President or Vice President, for they were born with an allegiance not owing to the United States and
. -

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v
acquire that sole allegiance to the United States only after birth. Surely, if a naturalized citizen, even though having sole allegiance to the United States, is not Constitutionally eligible to be President, we cannot expect any less of someone who we are willing to declare so Constitutionally eligible. The Founding Fathers emphasized that, for the sake of the survival of the Constitutional Republic. the Office of President and Commander in Chief of the Military be free of foreign influence and intrigue. It is the "natural born Citizen" clause that gives the American people the best fighting chance to keep it that way for generations to come. American people do not have the Constitutional right to have any certain person be President. But for the reasons stated above, minimally they do have a Constitutional right to protect their liberty by knowing and assuring that their President is Constitutionally eligible and qualified to hold the Office of President and Commander in Chief of the Military. Mario Apuzzo, Esq. 185 Gatzmer Avenue Jamesburg NJ 08831 Email; apozzo [AT] erols.com TEL: 732-521-1900 FAX: 732-521-3906 BLOG: http://puzol.blogspot.com

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For more about what Obama wants to hide about citizenship laws and his citizenship issues see: littp:iptirol.bleuvot conv2009/07/citizen.at-birth-cab-does-not-equal.html #### Posted by Puzo I at 10:27 AM Er..Q9 . Labels: 14th Amendinent, allceiance. Apuzzo, Article 11, born citizen, congress, constitution, dual nationality, Kerchner, kerchner v obama, Law of Nations, natural horn citizen, Natural Law, ()barna, Vattel

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UtilIID STATES DEPARTMENT OF JUL IMMIGRATION AND NATURALIZATION SERVICE
NOTICE AND REPORT CONCERNING NONIMMIGRANT "F-1" STUDENT PART I

Nome of school

Name of Student

(First)

{Middle)

(Last)

University of Hawaii
Address Date of birth

gArack
Country of birth

1801 University ,of Hawaii

Honolulu
Hawaii

June 18, 1934

Country of citizenship

Kenya, Africa

Africa

PART IINOTICE TO SCHOOL ,CONCERNING "F-1" STUDENT

As Indicated herein, the above named student was admitted to or authorized to remain in the United States for a temporary period as a nonimmigrant student.

For Immigration Official

If any of the following occurs, pleas* fill In Part iii below and mail this Form to the immigration office having (urisdiction one the area In which your school is located, (A) The student doss not register personally at your school within 60 days of the time you expect him to register) (8) The student

does

not carry a full coarse of study;

(C) The student does not attend classes to the extent normally required) (0) The student's attendance Is terminated. (This does not include temporary discontinuonce of attenclaece during a visit abroad, or because of acute Illness or However, If the student fails to resume attendance, this report must be submitted.)

PART IIIREPORT BY SCHOOL CONCERNING "F-1" STUDENT

Student's fit. Number ill known)
A //A.? 1527 TO Immigration and Naturalization Service

CC
4-J .

I.

The student (Check ornsh (A) (C) (0) u Did not register personally at this school. 1.3 is not carrying a full course of study. (Explain In Remarks) u Is not attending classes to this extent normally required. (Explain In Remarks) Is no Wager attending this school. (Give dote and reason for termination In Remarks)

2.

The student's present address Ins

Harvard University, Cambridge, Massachusetts

3. the following information is furnished concerning the student's departure or alarmed departure from the United States, Dote of departure Pori of departure
Name of dip, airline, or transportation company

Address abroad

4.

Remarks,

Mr. Obama graduated from the University of Hawaii in June 1962;

continue advanced studies at Harvard University.

to
Date

b)(6)

Signature

ntl*
Foreign Student Adviser

June 27, ( 962

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PHONE NO. : 61096613437

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ESTSELLER--------THE #1 NEW YORK TIMES 3

BARACK OBAMA
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Dreams from My Father

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214

17Vel'AM5 PROM

ray ea rota knew what was best, you see. When he was passed tat 4N a fassmottoll, he complained can you he try senior,' he would say to Caw of the ministers. 'and yea t art teaching you how or Jo your lob ;won-1)-?' Word got hack to Kenyansi that the Old Man was a iccatilskaulan, = and he was called in to see the president. AiLast ding to the stories, Keuyatta said to the OW Mast that, because hr could not keep his mouth shut, he would not work spin until he had no shoos Ulf his feet. '1 don't know how much of these details are mow. But I know that with the president as an tawny things; became very had for the Old Man. I k was banished fanny the goad - tondo Nat-MO-ed. None of the wined ties would give him work. When he went to foreign companies to look for a post, the oconpassies were wanted not to hire him. Ile began looking abroad and was hired to work for the African DevelopMalt Ralik in Addis Ababa, but before he resold join them, the government revoked his passport, and he awildn't even leave Kenya. `Finally, he had to accept a small erh with the l'hair Deparunent. 'Kew this was possible only because one of his friends pitied 'nun. 'The job kept food on the e.h ic. but it was a big fall for him. The Old Man began to think heavily, and many of the people he knew atoned ownmg to visit tin cruse now it was dangsatars to be seen with him. They told him that maybe if he apologized, changed his attitude, he would rte all right. But he refused and continued to say whatever was on his mind. "I. understood roost of this only wheat 1 was older. At tin tint; I just saw that life at bonne became wry difficult. The Old Man never spoke to Roy or myself except to Sr old 1LS. He would conk home very late, drunk, and I could heat him shouting at Ruth, telling her to cook him food. Ruth became very bitter at how the Old Mao had ganged. Sonivtimes, when he wasn't house, she would tell Roy and myself that our- father was crazy and that she pineal us fut has-Mg such a lathes. I didn't blame her for this- -I probably agreed. But I noticed that. even more than before, she treated to differently from her own two sours. She would say that we were not her children and there WAS

things were okay. Rath, our new maths r, was nice enough to us then. She nested as almast like her own children. I ler parents were rich, I think, and they %odid send ac heautilid peesents horn the Gates. I'd get really ea sited whenever a package came from them. Bat I cementhoz sonteuntes Roy would refuse to take their gifts. even when they sent ta .sweeta. I remember once he refused some chocolates they had sena but later in the night, when he thought 1 was asleep, I saw him taking some of the chocolates that I had left on our dresser. But I ditehit say anything, because I think I knew that he was unhappy. "lhee things began to change. When Ruth gave birth to Mark and David. bey andante shifted to them. The Old Mao, he kit the American company to work in the government, for the Ministry of Tbutisin. He tatty hart had 'edit:cal ambitions, and at first he was doing well in the goyernment. But by 1966 or 107 ; the divisions in Kenya had hecottlf: Mote serious. Presidatt Kenyitta was Gum dm largeaat tribe, the Kikayos. The Loos, the second largest tribe, began to complain that Kikupts were getting all the best jobs. The. government was NIL of- intrigue. fbe vice-president, Odinga, was a I no and he said the government way beennring corrupt. That, instead of sere lag those who had fought for independence, Kenyan politicians had taken the place of the white colonials, buying up businenses and land that should be reihnutrated to the pixsple. Othoga tried to start his own party, but was placed under house arrest as a Conumusist. Another popular Luo ininistet, "Rau Mlittya, was killed by a Kikuyu gunman I MOS began to protest in the streets, and the government police tracked down. People were kilted. AU this creak-if more soap city hentrietit the Mises. "Mast of the Old Man's friends jest kept quiet and karno1 to live with the situation. But the Old Man began to speak up He would tell people that trihation wan going to ruin the country and that unqualified awn were taking the best jobs. His friends tried to warn horn about alynag such &hig pablie, but ht &the' rare. He always thought he

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04/ T AriD P.m.% 11% WYE...MINT MFG. MANION C. 00

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110TH CONGRESS

SESAION

. RES. 511

ReCOgiliZillf.r.

that John Sidney McCain, III, is a natural horn

IN THE SENATE OF THE UNITED ST

APRIL 10, 2008 MM. litCASKILL (for herself, Mr. LEON, Mr. OBABM CLINTON, and Mr. WEBB) submitted the following referred to the Committee on the Judiciary B MTS. no which wax

APRIL 24. 242$ Reported by Mr. LEM ry, without alut

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inSidert'd a nd ai.t11. 4,41 to

RESOLUTION
Recognizing that John Sidney McCain, III, is a natural born citizen. Whereas the Constitution of the United States requires that,
to be clig,ible for the Office or the President, a person must be a "natural born Citizen" of the United States;

".*

Whereas the term "natural born Citize ", as that term appears in Article II, Section 1, is not defined in the Constitution of the United States;

Whereas there is no evidence of the intention of the Framers

or any Congress to limit the constitutional rights of children born to Americans serving in the military nor to

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prevent those clUldren from serving as their country's President; Whereas such limitations would be inconsistent with the purpose and intent of the "natural born Citizen" clause of the Constitution of the United States, as evidenced by the First Congress's own statute defining the term - natural born Citizen . '; 'hereas the well-being of all citizens of the United States is preserved and enhanced by the men and women who are assigned to serve our country outside of our national holders; Whereas previous presidential candidates were born outside of the United States of America, and were understood to be eligible to be President; and Whereas John Sidney McCain, HT, was born to American citizens on an American wilithry base in the Panama Canal Zone in 1936: Now, therefore, be it 1 ftesolval, That. John Sidney McCain, is a "nat-

2 ural born Citizen" under Article II, Section 1, of the Con3 stitutimi of th e United States. 0

SUES 511 ATS

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Naturalization Act of 1790

Naturalization Act of 1790

Naturalization is the process by which an immigrant becomes a citizen, and thereby gains all of the rights that accompany citizenship. In 1790, the U.S. Congress established naturalization procedures that were quaint In comparison to today's elaborate maze. Less quaint was the fact that only white immigrants were eligible to become citizens. Later on, California and many other states would use 'eligibility for citizenship' as a criterion to deny still other rights to non-white immigrants, like the right to own land. This racist restriction on naturalization would remain in effect until 1952,

Act of March 26, 1790 (1 Stat 103-104) (Excerpts) That any alien, being a free M-we person, who shall have resided within the limits and under the jurisdict.on the United States for the term of two years, may be admitted to become a citizen thereof on application to any common law court of record, in any one of the States Morel' , he shall have resided for the term of one year at least, and making proof to the satisfaction of such court, that he is a person of good character, and taking the oath or affirmation prescribed by law, to support the Constitution of the United States, which oath or affirmation such court shall administer; and the clerk of such court shall record such application, and the proceedings thereon; and thereupon such person shall be considered as a citizen of the United States. And the children of such persons so naturalized, dwelling within the United States, being under the age of twenty-one years at the time of such naturalization, shall also be considered as citizens of the United States. And the children of citizens of the United States, that may be born beyond sea, or out of the limits of the United States, shall be considered as natural born citizens: Provided, that the right of citizenship shall not descend to persons whose fathers have never been resident in the United States . . .
,