Kerchner Eligibility Lawsuit Dismissed on Standing

U.S. District Court, New Jersey ^ | 10/21/2009 | Judge Jerome B. Simandle

[BuckeyeTexan]

United States District Court Judge Jerome B. Simandle has dismissed the Kerchner v. Obama lawsuit challenging President Barack H. Obama's eligibility to hold the office of President of the United States.

"The Court finds that Plaintiffs Charles F. Kerchner, Jr., Lowell T. Patterson, Darrell James LeNormand, and Donald H. Nelsen, Jr. lack standing to pursue their claims and so the Court must grant Defendants’ motion to dismiss."

Judge Simandle's full opinion is at the link.

[AmericanVictory]

At this point that will be up to the third circuit to decide.

[AmericanVictory]

If you think your overzealousness is enlightening you need help badly.

[Steven Tyler]

10 U.S.C. § 311 : US Code - Section 311: Militia: composition and classes

(a) The militia of the United States consists of all able-bodied
males at least 17 years of age and, except as provided in section
313 of title 32, under 45 years of age who are, or who have made a
declaration of intention to become, citizens of the United States
and of female citizens of the United States who are members of the
National Guard.
(b) The classes of the militia are -
(1) the organized militia, which consists of the National Guard
and the Naval Militia; and
(2) the unorganized militia, which consists of the members of
the militia who are not members of the National Guard or the
Naval Militia.

Article VI - Debts, Supremacy, Oaths
The Senators and Representatives before mentioned, and the Members of the several State Legislatures, and all executive and judicial Officers, both of the United States and of the several States, shall be bound by Oath or Affirmation, to support this Constitution

Section 8 - Powers of Congress
To provide for calling forth the Militia to execute the Laws of the Union,

Amendment 10 - Powers of the States and People. Ratified 12/15/1791. Note
The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

Taken together-the Federal and State reps SHALL support the Constitution and, if need be, deploy the Militia to execute this basic Law.
I do believe every elected official works for the People
Powers not enumerated for the “United States” entity flow to the States, or to the people

[El Gato]

No. He has an Hawaiian COLB. Arnold was born in Austria to non-American parents. Arnold is easy, he ain’t a NBC.

But the point is, according to the "standing" theory that is being tossed around, it wouldn't matter if he was a 32 year old Austrian who had only lived in the US for 5 years. Once he made it past the electoral college, and was "sworn in", no one would have "standing" to challenge his eligibility. One eligibility criteria or all three, wouldn't matter. If that theory is valid that is.

[Steven Tyler]

Might, maybe, HOPE
You really do not know. Nobody knows with certainty

The IRS model is clear - filed versus accepted. That’s how governments work.

Also, the word African was not allowed on US Birth Certificates back in 1961.
What kind of document is on file and not accepted to this day???

Free the Long Form and all other vital records

[parsifal]

“Why did 0bama not request a COLB stating his documents are accepted?”

Because he is probably not obsessing about every word on his COLB?

parsy, who says thank God there wasn’t a smashed mosquito on the COLB or there would be an uproar over that

[jamese777]

But, in Obama’s case, he was Inaugurated. A court can’t “undo” an Inauguration. It’s as simple as that.
“If Obama failed to qualify in accordance with the US Constitution it’s a simple as that.”

---

Congress did not have to certify Obama’s Electoral College votes on January 8, 2009 at the joint session of Congress which was held to count and certify the vote.

Not one of 535 members of Congress objected to the official certification of Obama’s Electoral votes. If any one Senator and any one Representative had submitted a written objection to Vice President Cheney, an investigation into his eligibility would have been initiated but no one objected.
There was a Constitutional remedy. It was not utilized. Now its too late. The Courts will not get involved due to separation of powers.

[parsifal]

No, sworn in is sworn in. I’m sure it was on TV. I didn’t care to watch it.

parsy, who can’t believe the fervor

[Steven Tyler]

Mr. Cleaver seems to be a reasonable guy.
He showed his Birth Certificate, not a Certification of Live Birth which points to a document on file, and not accepted, by the State of Hawaii.

So we agree?? 0bama shall release his Birth Certificate and other vital records BEFORE he can assume the powers and position of POTUS.

Eligibilty is the starting point, its does not matter if he was elected, sworn in, signing treaties, throwing parties at the Whitehouse

[parsifal]

Yes it does know bounds! When I was a kid I thought if I came down this dirt hill fast enough I could pedal my bike across the pond on top of the water. Boy was I ever wrong. I went about two feet, flopped over, and my big fat hubris plopped right into the mud.

You never know what is going to happen in court or which way things will go. If was betting money, though, mine would be on dismissal.

parsy, whose hubris got soaking wet and muddy

[Steven Tyler]

Or, because the State of Hawaii cannot attest to “acceptance”
of his documents for the purpose of extending Citizenship status

[thecodont]

Mr. Cleaver was American born (Wabbaseka, Arkansas) and I am sure had no problem proving it by showing his long-form birth certificate.

I am in agreement with you regarding eligibility. Candidates should get it out of the way before they can get their names on the ballot. It is a reasonable request.

[El Gato]

Grab your pitchforks and head to D.C

Pitchforks my dear Aunt Sally.

These are my pitchforks

Actually my G3 has a different, flat top, receiver with built in rail, similar to the A3 AR Carbine below it. And my carbine has no front sight but rather a gas block with mini-rail.

[Steven Tyler]

Nope-the swearing in step is meaningless until 0bama demonstrates Eligibility.

This is wayyyy too easy

[parsifal]

My shrink had to go way past Psych 101 to figure me out. I went and married a shrink to save money and got analyzed 12 times a day for 20 years and still no good answers.

parsy, who says the voices are all friends

[parsifal]

If that were the case, there would have been pre election challenges and pleas for injunctive relief.

parsy, who is not sure whether or not a nullity, but suspects not

[parsifal]

Or, the real registrar was out on maternity leave at the time, and her replacement was confused.

parsy, who says one guess is as good as another

[Steven Tyler]

I would take a long form birth certificate with a smashed mosquito in the bottom left quadrant and a coffee cup stain in the center of the document, and some bacon grease residue in the top right quadrant.

Then again, 0bama must demonstrate eligibilty before claiming powers flowing from the Constitution

[Steven Tyler]

Yup, must have been that dopey High School freshman, first job and all, left alone to run the entire Department while the Union staff enjoyed their summer vacation.

[Steven Tyler]

Very Cool!!!