Obama Non-Eligibilty Update: Appeals Case Gains Ruling

Follow up on: Berg: 'Birth Certificate March On Washington' To Start "Peaceful Revolution" And Demand Obama Resignation 2-20-10 "Berg has been promising a "constitutional crisis" from the beginning. Now he says that it's time to motivate for revolution." [see post]
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Appeals court: We're listening to eligibility case
Judges grant permission for lengthy filing in case challenging Obama

The case alleges Congress failed to follow the Constitution, which "provides that Congress must fully qualify the candidate 'elected' by the Electoral College Electors."

The complaint also asserts "when Obama was born his father was a British subject/citizen and Obama himself was the same." The case contends the framers of the U.S. Constitution, when they adopted the requirement that a president be a "natural born citizen," excluded dual citizens.

According to a posting on Apuzzo's website, the rules of procedure for the 3rd U.S. Circuit Court of Appeals provide that an appellant's opening brief is not to exceed 14,000 words.

However, Apuzzo wrote, "because of the extraordinary nature and complexity of the question of whether putative President Barack Obama is an Article II 'natural born citizen' and therefore eligible to be president, whether my clients … have standing to bring an action against Obama and Congress in which they maintain that Obama is not a 'natural born citizen' and that Congress failed to meet its constitutional duty to protect my clients by assuring them that Obama is a 'natural born Citizen…' I was compelled to file a brief which contained 20,477 words."

"By order dated February 22, 2010, the Honorable Circuit Judge Michael A. Chagares on behalf of the Motion's Panel of the 3rd Circuit Court of appeals granted plaintiffs' motion for leave to file the overlength brief."

"This is great news because the case will now continue forward as scheduled," he said. "Obama's and Congress's opposition brief was initially due on Feb. 22, 2010. The Department of Justice obtained a 14-day extension to file that brief, making the new due date March 8, 2010.

"After they file their opposition brief, I will then have 14 days within which to file a reply to that brief," he said.

He said his background information in the case confirms that two U.S. Supreme Court decisions reveal the definition for "natural born citizen" is found not in the Constitution but in common law.

"We maintain that Obama is not an Article II 'natural born citizen' because he lacks unity of citizenship and allegiance from birth which is obtained when a child is born in the United States to a mother and father who are both United States citizens at the time of birth," he said.

"Obama's father was only a temporary visitor to the United States when Obama was born and never even became a resident let alone a citizen. Not being an Article II 'natural born citizen,' Obama is not eligible to be president and commander in chief," he said.

He also argues that Obama has failed to prove that he was born in Hawaii by revealing his documentation.

"If he fails to do so, the alleged fact is not proven, even if the opposing party produces no further evidence," he said.

On Apuzzo's website, a forum page participant said, "It will be interesting to see how Mr. Obama's legal team stretches, 'We have nada!' into 14,000 words."

The lead plaintiff, Kerchner, has posted an online statement: "This is not going to go away until Obama stops hiding ALL his hidden and sealed early life documents and provides original copies of them to a controlling legal authority and reveals his true legal identity from the time he was born until the time he ran for president.

"Obama at birth was born British and a dual citizen. He holds and has held multiple citizenship during his lifetime. He's a citizenship chameleon as the moment and time in his life suited him and he is not a 'natural born citizen' with sole allegiance … to the USA as is required per the Constitution," he said.

The appeal further challenges that not only might Obama not be a "natural born citizen," he might not even be in the United States legally.

"If Obama was not born in the United States, there exists a possibility that Obama could be an illegal alien," it states.
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According to the lawyer in this case..."two U.S. Supreme Court decisions reveal the definition for "natural born citizen" is found not in the Constitution but in common law". That is very interesting because that is something that has not really been brought out before, and that viewpoint would seem to swing wide-open the door for a rockin "constitutional crisis", if, that is, the NWO had all their ducks in a row and were ready to go. From the dates given in this article, this case looks to be coming up around the end of March o-10. Now, if the case does actually get off the ground, and if it just so happened that Berg's 'Birth-Certificate March On Washington' [follow up link above] were to happen on or about the same time...well...things could get interesting...or should we say "motivating"...in a revolutionary sort of way? Staying tuned