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WHY SHOULD WE CARE WHETHER OBAMA IS CONSTITUTIONALLY QUALIFIED TO BE PRESIDENT
Mario Apuzzo ^ | 1-28-09 | Mario Apuzzo

Posted on 01/28/2009 8:35:55 AM PST by Puzo1

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I am the attorney representing the plaintiffs in Kerchner et al v. Obama, currently pending in the Federal District Court of New Jersey under Civil Action No. 1:09-cv-253. http://www.scribd.com/doc/11317148/. On January 28, 2008, an anonymous commentator wrote on my blog at http://puzo1.blogspot.com/2009/01/kerchner-et-al-v-obama-et-al-filed.html: “Hi, I'm a President Obama supporter, just wanted you to know that you're wrong about his citizenship, but moreover, that I don't care where you are from as long as you care about things that matter, like the economy, health care and the environment.”

I responded and thanked the poster for his/her honest comment. I then explained that I respect his/her position and I understand from a human stand point that one can feel that way. But the problem with such a position is that the United States is a Constitutional Republic. That means that our people and their government and judicial institutions must adhere to a set of rules that are written in the Constitution, the Supreme Law of the Land. The reason for that is so that the minorities, the people not in power, the people who do not agree with their government, the people who want change, can be protected from and not abused by those that hold power. In other words, the majority, government, and courts cannot just simply impose their will upon a minority, an unpopular group, or an individual without having a legal basis to do so. We call this process the rule of law. This concept is the basis for the statement that we are a nation of laws and not of men. It is the belief in this truth that forms the foundation for our most cherished and vital constitutional principal that the government and the courts cannot deny a person life, liberty, or property without due process of law.

If we let our putative President hold office simply because he is perceived by a majority, however big, to be likeable by Americans and other countries, capable of doing a good job, "cool," young, popular, worthy of a free pass because he is the first African American President, and not also because he is Constitutionally qualified for that Office, then we as a nation, including the people and all government and judicial institutions, have abdicated our duty to "preserve, protect, and defend" the Constitution, the foundation of our constitutional republic. Under such a scenario, we will have allowed our nation to be driven by men/women and not by law. Once we make an exception to a cardinal rule, we start the slow process of the exceptions swallowing the rule. It then only becomes a matter of time before the national culture no longer adheres to the rule of law. At that point, we will have power taken by the few at the expense of the many. There will be no control of that small group. There will be no more true freedom for the masses. There will only be a small group dictating to the populace what to do and what not to do. Once such power is in the hands of a small group, they will not let it go and it will corrupt them, for it has been said in time that power corrupts and absolute power corrupts absolutely. We have seen countless examples of this phenomenon in history. This is another reason why we need term limits for all our elected representatives. We cannot and must not allow our political leaders to lay claim to power for an unlimited time, regardless of how popular and good they may want the people to perceive them.

Our Constitution has created in our national psyche a culture of respect for the rule of law. It is this culture that has allowed our nation to flourish, not only for those in power but also for all those who have the drive, ambition, and dream to make something of themselves in life, including but not limited to aspiring for public office. It is this culture that has allowed the "little guy," no matter what his or her station may be in life or into what family he or she may have been born, to dream of someday realizing a position of self worth. It is this same culture that has allowed Obama himself to dream realistically of someday being President of the United States. Our Constitution has given us the gift of life. We have, to the best of our ability, to “preserve, protect and defend the Constitution of the United States" for the sake of our freedom and survival.

Mario Apuzzo, Esq. Jamesburg, New Jersey

1 posted on 01/28/2009 8:35:55 AM PST by Puzo1
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To: Puzo1

At this point it’s moot. He’s in and frankly we have to get it into our heads that at this moment it’s not going to make a difference. If he were removed now, there would be a bloodbath.

We simply have to fight fight fight now and drop the dross we’ve been dwelling on.


2 posted on 01/28/2009 8:38:50 AM PST by Niuhuru (Fine, here's my gun, but let me give you the bullets first. I'll send them to you through the barrel)
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To: Puzo1

ping


3 posted on 01/28/2009 8:39:10 AM PST by RushIsMyTeddyBear (Uuuuuuuum, uh, uh...............aaannnnnnd....................................................um.)
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To: nahanrac

*Mario Ping*


4 posted on 01/28/2009 8:40:18 AM PST by lilycicero (Not that Mario...but I do like Yoshi)
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To: Puzo1

This & other cases will prove a point - that we are a Banana Republic because nobody will require the proof.


5 posted on 01/28/2009 8:42:43 AM PST by Digger (If RINO is your selection, then failure is your election)
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To: Niuhuru

I want to know. Haven’t we already had a bloodbath? The US PRESIDENT’s club has a no poser policy by law.


6 posted on 01/28/2009 8:42:56 AM PST by lilycicero
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To: Puzo1

Right no!! Now who does the dirty work of removing Obama from office since the Supremes have seemingly given pass?

Obama is being propped up as too big to fail by the powers that be. The small group set up to run America however they want, screw the laws and the Constitution.


7 posted on 01/28/2009 8:43:10 AM PST by o_zarkman44 (Since when is paying more, but getting less, considered Patriotic?)
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To: lilycicero

?


8 posted on 01/28/2009 8:43:25 AM PST by Niuhuru (Fine, here's my gun, but let me give you the bullets first. I'll send them to you through the barrel)
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To: Niuhuru
>it’s not going to make a difference

Saying Obama
isn't "qualified" makes us
look like lunatics.

That's the difference
it makes. We need to stop this
and worry about

electing people
who might at least consider
smaller government.

9 posted on 01/28/2009 8:52:08 AM PST by theFIRMbss
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To: Niuhuru

Oh I agree, it won’t make a difference...he’s in for 4....but I still want to know what he is hiding.
Bloodbath...not literally taken.


10 posted on 01/28/2009 8:56:35 AM PST by lilycicero
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To: Puzo1

“vital constitutional principal” -> “vital constitutional principle”


11 posted on 01/28/2009 8:57:27 AM PST by SteveH (First they ignore you. Then they laugh at you. Then they fight you. Then you win.)
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To: Niuhuru
He’s in and frankly we have to get it into our heads that at this moment it’s not going to make a difference. If he were removed now, there would be a bloodbath.

And fighting terrorism makes terrorists angry. BF'nD.
12 posted on 01/28/2009 8:58:28 AM PST by cripplecreek (The poor bastards have us surrounded.)
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To: Niuhuru
At this point it’s moot.

That's exactly 0bama's strategy and what he wants you to decide. Quite frankly, I think the SCOTUS will continue to dodge this issue, even if they know he doesn't qualify.

I want The Constitution upheld under all costs. I cannot believe that a foreigner should be in charge of our Country. As for the bloodbath, well. that's why you stock up on ammo, - so it isn't your blood.

13 posted on 01/28/2009 8:58:38 AM PST by The Sons of Liberty ("Let his days be few, and let another take his office." Psalm 109:8)
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To: The Sons of Liberty

Refusing to cope out of fear of violence is exactly why rioting goes on for months in europe. Retreating out of fear is failure.


14 posted on 01/28/2009 9:02:52 AM PST by cripplecreek (The poor bastards have us surrounded.)
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To: theFIRMbss

Exactly, you are very articulate and pointing out the problem.


15 posted on 01/28/2009 9:04:20 AM PST by Niuhuru (Fine, here's my gun, but let me give you the bullets first. I'll send them to you through the barrel)
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To: The Sons of Liberty

Amen, We are suppose to be a nation of laws, and those laws are based on the Constitution and to have the number one spot ignore the law possible and enablers out there involved.

This just means they will now write whatever law they want and use it only when it serves their purpose? Unacceptable We all should be held to the same standards. We are digressing fast.

The one hope is I truly believe this country came about by Gods plan and we can not truly see the future but somehow this all will fit together in the long run for the best.


16 posted on 01/28/2009 9:08:19 AM PST by jafojeffsurf
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To: jafojeffsurf
If we give up on this under threat of violence, then where is the line drawn?

0bama has been called "the most popular man on earth" by the MSM and so when his term ends, the dims will say " he deserves to be in office longer" - what then?

17 posted on 01/28/2009 9:19:27 AM PST by The Sons of Liberty ("Let his days be few, and let another take his office." Psalm 109:8)
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To: Puzo1
Here is Gov (commerce secretary elect)Bill Richardson saying in Spanish that Obama is an "immigrant." (So he understands understands "immigrant" issues.)The context suggests that by "immigrant" bill richardson means "illegal immigrant"



Here in plain English is the Kenyan Ambassador saying that Obama is born in Kenya.


18 posted on 01/28/2009 9:21:21 AM PST by ckilmer (Phi)
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To: The Sons of Liberty
" he deserves to be in office longer" - what then?

They'll threaten violence because it seems to work now.
19 posted on 01/28/2009 9:23:25 AM PST by cripplecreek (The poor bastards have us surrounded.)
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To: Niuhuru

Would be a bloodbath? To my mind aborting 40,000 humans a year is a bloodbath. Couple that with the now untold millions that will be aborted because of ZerO’s removal of funding bans on foreign abortion support of US money and you have a real certified number one holocaust.....


20 posted on 01/28/2009 9:25:54 AM PST by Gaffer
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