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Federal Courts Are Committing Treason to Constitution per Chief Justice John Marshall (Kerchner)
A Place to Ask Questions To Get the Right Answers ^ | 10-11-09 | Charles Kerchner

Posted on 10/12/2009 10:27:44 PM PDT by STARWISE

The Federal Courts Are Committing Treason to the Constitution per Chief Justice John Marshall.

The federal courts and judges are committing treason to the Constitution by not taking jurisdiction and getting to the merits in the various cases before them regarding the Article II eligibility clause question for Obama.

It is worth keeping in mind the words of U.S. Supreme Court Chief Justice John Marshall when he wrote in Cohens v. Virginia 19 US 264 (1821):

"It is most true that this Court will not take jurisdiction if it should not: but it is equally true, that it must take jurisdiction if it should.

The judiciary cannot, as the legislature may, avoid a measure because it approaches the confines of the Constitution. We cannot pass it by because it is doubtful. With whatever doubts, with whatever difficulties, a case may be attended, we must decide it, if it be brought before us.

We have no more right to decline the exercise of jurisdiction which is given, than to usurp that which is not given. The one or the other would be treason to the constitution.

Questions may occur which we would gladly avoid; but we cannot avoid them. All we can do is, to exercise our best judgment, and conscientiously to perform our duty. In doing this, on the present occasion, we find this tribunal invested with appellate jurisdiction in all cases arising under the constitution and laws of the United States. We find no exception to this grant, and we cannot insert one."

Link to the treason quote in case context

Link to Case Summary

Link to Full Case

The Judge in the Kerchner v Obama & Congress lawsuit and the Judges in the other cases should simply read the words of U.S. Supreme Court Chief Justice Marshall from the past and take jurisdiction of the constitutional question of the Article II eligibility clause in the Constitution and proceed to a fact finding hearing and trial on the merits to see if Obama is Constitutionally eligible or not.

I say Obama is NOT eligible. But we need the federal courts to take the cases and get a SCOTUS ruling to settle this.

Charles F. Kerchner, Jr. CDR USNR (Ret) Lead Plaintiff Kerchner et al v Obama & Congress et al


TOPICS: Government; History; Politics; Reference
KEYWORDS: birthcertificate; birthers; certifigate; constitution; courts; kerchnervsobama; marioapuzzo
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Comment #1 Removed by Moderator

To: penelopesire; seekthetruth; television is just wrong; jcsjcm; BP2; Pablo Mac; April Lexington; ...

~~PING!


2 posted on 10/12/2009 10:28:18 PM PDT by STARWISE (The Art & Science Institute of Chicago Politics NE Div: now open at the White House)
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To: STARWISE

yup


3 posted on 10/12/2009 10:29:42 PM PDT by pissant (THE Conservative party: www.falconparty.com)
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To: mlo; Non-Sequitur; parsifal; Pilsner; Drew68; curiosity; Sibre Fan; El Sordo; MilspecRob; ...

Ping to legal discussion of eligibility cases.


4 posted on 10/12/2009 10:33:12 PM PDT by BuckeyeTexan (Integrity, Character, Leadership, and Loyalty matter - Be an example, no matter the cost.)
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To: BuckeyeTexan

Roll call for after-birthers what say you?

Who does this John Marshal guy think he is anyway? Didn’t he get the shadow government message? NWO-Soros says back off we have our puppet, he cost a lot and we aren’t done using him.


5 posted on 10/12/2009 10:38:44 PM PDT by rolling_stone (no more bailouts, the taxpayers are out of money!)
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To: All
It is most true that this Court will not take jurisdiction if it should not: but it is equally true, that it must take jurisdiction if it should.

Therein lies the problem. None of these courts has the authority to remove a sitting president. (Only D.C. via QW) So the issue isn't (IMO) that these courts are shirking their jurisdictional responsibilities. They are rightfully turning down jurisdiction. Yeah, it sucks! But that's where we stand.

6 posted on 10/12/2009 10:46:52 PM PDT by BuckeyeTexan (Integrity, Character, Leadership, and Loyalty matter - Be an example, no matter the cost.)
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To: rolling_stone
Roll call for after-birthers what say you?

Yup, completely. LoL!

7 posted on 10/12/2009 10:47:28 PM PDT by Red Steel
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To: STARWISE

In a decade or three, people young enough to still be around, and old enough to care, will learn why the great concealer refused to release *any* of his history. He will then become appropriately reviled.


8 posted on 10/12/2009 10:54:01 PM PDT by JohnQ1 (Pray for peace, prepare for war.)
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To: rolling_stone

Do you have a link back to the transcript? I will make some coffee if you are going to be up a while?

parsy, who is nodding


9 posted on 10/12/2009 10:54:07 PM PDT by parsifal (Abatis: Rubbish in front of a fort, to prevent the rubbish outside from molesting the rubbish inside)
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To: rolling_stone

Let the record reflect that a birther cast the first stone on this thread, as usual.

We’re here to address the subject matter of the thread, which is a legal discussion of whether or not the courts have jurisdiction over the eligibility cases.


10 posted on 10/12/2009 10:54:15 PM PDT by BuckeyeTexan (Integrity, Character, Leadership, and Loyalty matter - Be an example, no matter the cost.)
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To: OldDeckHand

Ping to a legal discussion of jurisdiction in the eligibility cases.


11 posted on 10/12/2009 10:57:18 PM PDT by BuckeyeTexan (Integrity, Character, Leadership, and Loyalty matter - Be an example, no matter the cost.)
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To: BuckeyeTexan
Let the record reflect that a birther cast the first stone on this thread, as usual.

UH nice try I see you are learning from Orly, ROFLMAO I didn't cast any stones, they are just rolling around in the anti-birthers heads as usual.

rs

12 posted on 10/12/2009 10:58:01 PM PDT by rolling_stone (no more bailouts, the taxpayers are out of money!)
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To: JohnQ1

I don’t think it will take that long, do you? We’ve uncovered so much about him in just two short years. Surely he won’t be able to hide for that long.


13 posted on 10/12/2009 11:00:58 PM PDT by BuckeyeTexan (Integrity, Character, Leadership, and Loyalty matter - Be an example, no matter the cost.)
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Comment #14 Removed by Moderator

To: rolling_stone; STARWISE

It’s extremely rude of you to attempt to take STARWISE’s thread off topic by redirecting attention to those whom you prefer not be commenting on the thread.

Please stay on topic.


15 posted on 10/12/2009 11:07:09 PM PDT by BuckeyeTexan (Integrity, Character, Leadership, and Loyalty matter - Be an example, no matter the cost.)
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To: BuckeyeTexan

“But Carter sounds like he wants the legal route played through, and has chastised Taitz not for frivolity but for distractions – particularly her refusal to work with fellow plaintiffs’ attorney Gary Kreep – that threaten to further slow proceedings.”

I think this is salient point. I did not come away with this impression. Do you have a link.

parsy, who is freezing in the midst of global warming


16 posted on 10/12/2009 11:07:17 PM PDT by parsifal (Abatis: Rubbish in front of a fort, to prevent the rubbish outside from molesting the rubbish inside)
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To: parsifal

I’ll see if I can find one. Carter has criticized Taitz for pretty much everything under the sun including insulting American mothers of citizens.


17 posted on 10/12/2009 11:12:55 PM PDT by BuckeyeTexan (Integrity, Character, Leadership, and Loyalty matter - Be an example, no matter the cost.)
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To: BuckeyeTexan

http://www.youtube.com/watch?v=ugPyHCqYG7w

Here is the real topic!!!


18 posted on 10/12/2009 11:33:18 PM PDT by danamco
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To: BuckeyeTexan

Assuming what you say is true and it could be argued otherwise seeing as he would not be President because he would be found unconstitutional, if we had a judcial finding that he is not supposed to be in the Oval Office, we would have a field day rubbing the Congress’ collective nose in the big constitutional mess they made. We could make a big deal about what a danger it is to the Nation to put Marxists in power and permit them control over our education systems.

In addition, soldiers are in danger because of the Muslim’s inability to act as CIC. This would make it official - he is not CIC. We could sue over every unconstitutional move the socialists make and we would have a pattern of them usurping the constitution. About all those Marxist Czars... And the Rinos who abetted the usurption of the constitution...can you say bye-bye?

The possibilities are endless. I think they would want to get rid of him and then we would have plugs or stretch with no real backing or credibility and who were both involved in treason to the constitution.


19 posted on 10/12/2009 11:37:07 PM PDT by SaraJohnson
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To: STARWISE

Material from ocregister.com must be excerpted per publisher.


20 posted on 10/12/2009 11:38:58 PM PDT by Admin Moderator
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