Everybody sing… ITS STARTING TO FEEL A LOT LIKE DEPRESSION (to the tune “Its Starting to feel a Lot Like Christmas”). I don’t have much more to add to Devvy’s article below except that I live in Silicon Valley (Santa Clara County, CA) and people here are not immune to this recession. It is really getting bad. I wish everybody the Happiest of Holidays this holiday season. I know for some, it will be difficult. Best wishes for the new year and remember, we’re all in this together. We cannot rely on the government to save us so plan for your own survival.

COLUMNISTS CALL FOR TAXPAYER REVOLT – WANT MORE SOCIALISM

By: Devvy

December 4, 2008
© 2008 – NewsWithViews.com

Back in September, I happened upon a column titled ‘Time for a Taxpayer Revolt.’ As I began to read the column, I thought, “This is good.” The two authors were outlining the disaster of the so-called “bail outs” underway. As I worked my way through the column, I realized it was just more blame Republicans. At the bottom of this drivel, out popped the ignorance of the authors as they spewed their socialism: the government should help people build houses, create jobs for the greenie movement and universal health care.

I don’t know where Medea Benjamin & Arun Gupta went to school, but it’s obvious they know nothing about our legal form of government or the U.S. Constitution. Yet, these socialists who hide behind the “liberals” label have a large forum where they pump out their propaganda. Because Americans are so under educated from attending the dumbing down institutions they call public schools and blind loyalty to their political party, they believe it. Benjamin and Gupta call for a Twenty-First Century New Deal, similar to the dangerous and toxic message put out by Richard C. Cookyo.

Isn’t it odd how people like Benjamin and Gupta rail about the bailouts, but how much you want to bet both of them voted for Comrade Obama who voted for this grand larceny? Allegedly Americans voted back the entire Congress (with 17 seats changing in the House out of 435) who approved this looting of the American people. So, why on earth would there be a taxpayer revolt? Americans were so happy with the performance of Congress (who had an approval rating of about 17% before the pretend elections) – they rehired 99% of the same people who are destroying this country! We’re right back to where we were before the pretend election with the same Congress and people think there’s going to be change?

I was out of the state from November 16 – December 2nd. When I travel I always try to engage Americans on current issues just to see what they know. The bail out issue has people hopping mad, yet we’re to believe Americans supposedly voted all the same crooks back into office? The one thing that did surprise me was how many folks from restaurant personnel, gas station employees, grocery store, you name it – have heard about the citizenship controversy surrounding Comrade Obama.

While on the road, I caught a segment with Bill O’Reilly who said quit listening to the gloom and doom people out there and spend! It’s important for the economy said O’Reilly, and people like yours truly and Dr. Edwin Vieira don’t know what we’re talking about. According to the big O, we’re just fear mongers. A few days later I caught a morning segment on FAUX. The subject: people are now saving their money and how bad that is for the economy. Listen. It’s real easy for a gas bag like O’Reilly to tell you to spend yourself further into debt when he likely spends cash; easy to do with an income of about $20 million bux a year. Yes, our economy depends on the exchange of goods and services for compensation. However, with pink slips dropping like leaves in fall and Americans living on the edge of financial ruin, the economy will suffer. People can’t spend what they don’t have and those who do have are weighing their options on spending. Need vs want.

Over the past few decades, Americans haven’t saved, but spent themselves into massive debt. Banking institutions, lenders and private companies have been lying and cheating about the solvency of their corporations and now the day of reckoning has come with the worst still on the horizon. As millions of Americans have no credit or bad credit, they are unable to spend, even for necessities. Millions more are finally coming to the realization that because they have no savings to speak of, they are standing on a cliff and the view isn’t pretty. The wipeout of 401(k)s has been devastating, but well paid hucksters who make their living peddling bull, knocked yours truly and others for warning about the 401(k) issue. Guess what? Tragically, it has come to pass.

Back in 2005, I told my husband we have to sell our home in Sacramento and get out because the housing market was going to crash. While I was planning to get packed up and put the house on the market, John was diagnosed with cancer so we had to push back our plans a bit. We purchased this house in West Texas in April, 2006 and sold our house in Natomas Park, Sacramento, California, several months later. We were one of the lucky ones who got out. While we had no debt on our home except the original mortgage, I knew the hurricane was building steam and sure as the sun shines, it has hit Natomas Park hard. The house across the street from ours, same floor plan except flipped, sold for $405,000 in June 2005. Today that house is appraised at $274,000. The house we sold is worth $150,000 less today than the day we signed the final escrow papers. Those buyers are saddled with huge mortgages that far exceed the value of the homes in that foreclosure capital and it will never turn around for them. The property will continue to age and eventually new houses in the area will be built commanding higher selling prices than the used ones.

I warned in a column back on September 25, 2008, the bail out disaster would be a never ending hemorrhage and we the people will be the ones bankrupted while CON-gress makes sure their banking buddies are bailed out. Congress critters continue to appear on cable networks talking about how the auto industry CEOs need to give them a plan so they can unlawfully dole out loans. Not one of them except Ron Paul has firmly stated that the U.S. Constitution forbids Congress from acting as a bank giving lines of credit, owning banks, bailing out private industry (auto and insurance) and dictating employment terms to private corporations. Now the states of the Union are lining up like beggars because they, along with their state legislatures, have mismanaged their budgets and want you and I to pay the interest on any money unlawfully loaned to these states by a corrupt Congress.

The level of lawlessness out in Washington, DC, is breath taking and will bring the entire economy to complete and total ruin because there’s no one to stop it. Congress is running amok as if the U.S. Constitution doesn’t exist. There’s no president to stop this massive looting using veto power. No checks and balances any longer. The picture is grim and sugar coating it won’t change the reality of what should begin to hit in the first quarter of next year. Back in January, I wrote about a tent city in Ontario, California. “Shantytowns” are now springing up in major cities:

November 14, 2008: “Rising unemployment and widespread foreclosures have left many homeless and living in tents and makeshift huts in cities around the nation. It’s a scene not seen since the “Hoovervilles” of the Great Depression.”

No new “stimulus” packages being thrown around by Pelosi and Obama will make a damn bit of difference. Using borrowed money to try and bail out a dead economy is simply more lunacy. Congress destroyed our major job sectors (ag, manufacturing, industrial) with all these “free” trade treaties – BOTH parties. Neither have done a thing to stop the destruction by getting America out of NAFTA, CAFTA and GATT. Their only solution is to borrow more money from the privately owned FED, slap all Americans with the interest and dole out more borrowed, worthless currency in an effort to plug the dam that is about to burst.

Who is going to pay the tab for this $8 TRILLION dollar give away called bail outs and rescues? You, me, our children and grand children will be paying the interest on all this borrowed money if the current system stays intact. With the people’s purse overdrawn $10.6 TRILLION dollars, how does Congress expect the debt load to be paid? Don’t ask Nancy Pelosi. That vile female is the quintessential example of an immoral crone who has absolutely no regard for the supreme law of the land. Come April 15, 2009, we shall see if all the money stolen from your paycheck this year via the withholding rip off taxing scheme was enough to support this massive theft from the sweat off your back. Remember the figures from 2004 and multiply them to what Congress has done over the past three months and intends to continue doing. No, this isn’t great news at “Christmas time.” Yes, it’s important for Americans to put money into the economy, but when enough of them see the big picture, they are not going to continue spending. It’s called survival.

But, I guess this is all okay with the American people because they allegedly rehired the same crooks, not just CON-gress, but the state legislatures as well. The destruction of California is voter approved. Not only do the people of California approve of the looting of their wallets by their state legislature and that nitwit governor, Arnie the Terminator, they allegedly voted in even more communists to Sacramento last month. The people of California threw out Davis and replaced him with a “movie star” who is no more qualified to be the governor of any state than I am to teach physics at MIT.

Republican heavies and “leadership” in the state said no to Tom McClintock and convinced gullible conservatives that a pig like Arnold Schwarzenegger had “more name recognition.” Oh, did I call Da Governor a pig? I certainly did. How quickly people forget. Arnie’s photo appeared on Drudge during his run for the governor’s mansion. It was a picture of a female, buck naked except for a wisp of material covering her pubic area, sitting on Arnie’s shoulders, bare legs wrapped around his neck with big udders hanging in his face. Oh, yes, and was I shocked to see it up on Drudge’s web site. I’m sure Maria, California’s first lady, enjoyed that display of her husband for the whole world to see. Schwarzenegger is an empty bag of skin (sagging now since he no longer pumps his pecs with steroids) who has done nothing but rubber stamp the financial destruction of California.

My home state is over run with illegal aliens bankrupting the taxpayers. THAT is why I left California. BILLIONS of dollars fleeced from the hard working people of California every year to support somewhere around 8 MILLION illegal aliens who have no right to anything except being deported, but are given free medical treatment in hospitals, bankrupting them from one end of the state to the other. Crowding California’s class rooms with kids who have NO right to be in the state, much less sucking off the system. From medical treatment to food stamps, education and stealing jobs that belong to natural born and naturalized citizens, to filling the state prisons, illegals are stealing the resources of that state with the blessing of the taxpayers who voted back in the same crooks, cowards and criminals into the state house last month. I said hasta la vista to Arnie and that corrupt legislature.

The mayor of Los Angeles, Antonio Villagarosa, who is of Mexican ancestry, protects illegals. How he whines about water shortages and not enough money, but he turns a blind eye for “his people” instead of working with Arnie to deport millions of criminals running loose in the state. How much water do you think 8 MILLION illegals use in California every day taking showers, flushing toilets, cooking and doing laundry? Quit complaining, Villagarosa. You and the terminator are nothing but hypocrites who care nothing for the law.

I was just in LA two weeks ago. There are huge areas of that basin that resemble the slums of Tijuana. A third world dump that continues to grow in size. Militant illegals who demand the productive citizens of California work their fingers to the bone to keep them in free services. The people of California asked for this chaos and plunder and now they’re getting a good dose of it up front and in their faces. The citizens in the golden state are so happy about it, they voted the same vermin back to the state house who continue to fund and protect these criminals who sneak across our borders. The same incompetent professional politicians who have destroyed California both morally and economically. That’s why I left California. We could have purchased another home anywhere in the state, but I refuse to have my pocketbook drained to fund criminals.

I continue to encourage people to diversify as much of their holdings as possible into gold. This always brings email telling me the government is going to seize all the gold “just like they did before.” Dr. Edwin Vieira recently made an excellent statement on this very issue:

“Gold confiscation will be far more difficult than confiscation was in the 1930s, when much of the gold was held in the banks, which FDR simply closed. Now very little of it is. So how will it be seized, if people do not voluntarily turn it in? By house-to-house searches? The 401k loot, however, is all in various financial institutions. It can be confiscated electronically and immediately. So, in that respect, the 401k loot is in a worse position than the 1930s gold, because much of that gold was not in the banks, and was never turned in. Of course, people might start liquidating their 401k accounts (leaving aside the tax consequences) if they feared confiscation. But if that started to occur on a massive scale, the PTB would invoke a kind of “bank holiday,” simply freezing the assets in place.”

People are free to do what they feel necessary to protect their assets and if they’re afraid to buy gold because they fear confiscation, so be it. I do not because we are a different people than back in 1933. Know what? Let them try. Some of the most powerful people in this country – including banking barons – own gold and lots of it. We’ll see if Pelosi and the gutless coward, Harry Reid, want to take them on and millions of Americans who will just say, stuff it.

I need to make a correction. In a recent column I wrote the Illinois State Lottery winning Pick 3 numbers on November 5, 2008, was 666. That is a fact. I erred when I said this drawing was on election night. For some reason, I had it stuck in my head the election was November 5th when in fact it was the 4th. An honest mistake.

The Obama citizenship controversy is reaching a full head of steam. Please click here for my last press release two days ago titled ‘Treachery Inside the U.S. Supreme Court.’ There is a second case that has the same teeth as Leo Donofrio’s and that press release covers Cort’s case and what everyone needs to do asap. Regular readers know I filed several FOIAs and the aforementioned press release contains a scan of the letter I received while on the road from the University of Hawaii under their state records act. Now that I’m home, I need to follow up on the others. The U.S. State Department has not responded; I predict those two will have to be lawsuits. I won my last lawsuit against the FAA, so do not give up hope before I even begin my battle.

Also, remember my persistent requests to James Burrus, head of election fraud at the FBI in Washington, DC, to open an investigation into Obama for violation of wire fraud laws. While the FBI will not comment on any on-going investigation, I am hopeful there is one underway. Burrus simply cannot ignore the overwhelming evidence against Obama and not expect at some point for all hell to break loose when the truth comes out and that for political reasons, the FBI knowingly and willfully ignored it. There is a rage blowing across this country and a demand for justice. We shall see if our voices are heard.

As for Phil Berg’s case, Obama and the DNC thumbed their noses at the Supreme Court. This column covers it well. The only thing I disagree with in Mr. Latino’s column is that if Phil’s case gets kicked to the curb, it’s over. Leo and Cort’s cases are clearly the cannon that will stop an impostor from being sworn in as president of these united States of America IF the U.S. Supreme Court has the guts to bring their cases to a full oral argument.

Obama has hired three law firms. Not three lawyers, but three law firms to defend him against this growing legal quagmire. I predict it won’t be long before even Obama’s staunchest supporters begin asking hard questions: Why not produce a real COLB? Why can’t you refute beyond any doubt the valid and solid allegations in Leo’s lawsuit that you, Mr. Obama, were not a natural born citizen at birth? All this can come to a halt by just proving these Americans wrong, Mr. Obama. Why do you refuse to release your records from Columbia? Is it because you obtained funding as a foreign student as has been alleged? The list goes on about this man who has managed to keep all records of his life sealed up nice and tight. There’s a reason and anyone not drowning in denial knows why.

Obama is now a private citizen. Thankfully for this country he has resigned his unlawful seat in the U.S. Senate. He is also creating a constitutional stand off and an on going legal crisis. It can all go away tomorrow, but it won’t. Obama is still gambling he can bluff his way into the Oval Office. Oops, there’s one other legal obstacle: the electoral college. They vote December 15, 2008. But, wait! It now is confirmed that one of the electoral college delegates scheduled to vote on that date from the late, great State of California is deceased! No, you can’t make this stuff up:

“A lawyer playing a major part in a California lawsuit urging officials to prevent the state’s 55 Electoral College votes from being recorded for Barack Obama until questions about his citizenship are resolved has written to county clerks around the state, seeking an investigation into a process that has allowed a dead woman to be listed as an official elector.” (Full column here.)

Not only have we the people been cheated by vote fraud for the past 30+ years, but now due to the diligence of dedicated Americans, we find the electoral college delegates may also be a con job.

The next big event is tomorrow when all nine Supreme Court justices meet in private to consider the merits of Leo’s case. As it is a Friday, likely we won’t hear anything until next week, but you never know because the clock is ticking. You can’t tell me all nine justices are not aware of the importance of Leo’s case and the huge controversy that has been boiling for months. They know the consequences of not granting Leo oral arguments and the consequences if they do. If they don’t and Obama is sworn into office, the lawsuits will be non stop. If Obama is ruled ineligible, the potential for mass riots across this country is sadly very real. However, we cannot and must not allow what “might” happen due to Obama’s deliberate conning of the American people keep us from pursuing the truth. Any negative consequences will be because of Obama’s actions and his actions alone, not Americans who care about what’s right.

Links:

1 – World Net Daily letter campaign mis-states core issue in Donofrio SCOTUS case
2 – Leo’s web site
3 – Berg v. Obama: The Day of Reckoning
4 – New Video: Dr. Ron Polarik on the authenticity of Obama’s COLB
5 – Web site tracking all the lawsuits
6 – Why Hollywood celebs and liberals support a Marxist like Barack Obama

1 – The Great American Housing Market Nightmare Next Phase
2 – 110 US banks have asked for $170B from bailout
3 – Brilliant analysis: Gold and silver market manipulation update
4 – Blue Mountain freezes withdrawals
5 – Governors May Seek $100 Billion in U.S. Social Aid
6 – FEDS to expand rescue
7 – Silicon Valley: Santa Clara County Housing Underwater
8 – Map of housing disaster above
9 – Citigroup Job Cuts Could Reach 35,000
10 – States consider billions in cuts as deficits widen
11 – Homeless illegally breaking into and squatting in foreclosed homes

© 2008 – NewsWithViews.com – All Rights Reserved

Devvy Kidd authored the booklets, Why A Bankrupt America and Blind Loyalty; 2 million copies sold. Devvy appears on radio shows all over the country, ran for Congress and is a highly sought after public speaker. Devvy belongs to no organization.

She left the Republican Party in 1996 and has been an independent voter ever since. Devvy isn’t left, right or in the middle; she is a constitutionalist who believes in the supreme law of the land, not some political party. Her web site (www.devvy.com) contains a tremendous amount of information, solutions and a vast Reading Room.

Devvy’s website: www.devvy.com

Before you send Devvy e-mail, please take the time to check the FAQ section on her web site. It is filled with answers to frequently asked questions and links to reliable research sources.

E-mail is: devvyk@earthlink.net

Start Slide Show with PicLens Lite

This information is taken from AmericaMustKnow.com’s “Related Lawsuits” page. I am going to endeavor to carry on what the blogger originally started. All dates in parentheses are for the latest update in that case’s category.

At the Supreme Court (see “Supreme Court Info” on the sidebar):

• Pennsylvania (Phil Berg): (12/02/08)
  • Berg v. Obama
  • History
• New Jersey (Leo Donofrio): (12/02/08)
  • Donofrio v. Wells
  • History
• Connecticut (Cort Wrotnowski): (12/02/08)
  • Wrotnowski v. Bysiewicz
  • History
• New York (Christopher Strunk): (11/24/08) SCOTUS Docket number unknown
  • SOS Lawsuits: Chris Strunk Cases: His Four Cases in New York
  • History
• Texas (Darrel Hunter): (12/01/08) SCOTUS Docket number unknown
  • Hunter v. Obama
  • History

At the State level:

• California:
  • Alan Keyes: Keyes v. Bowen (12/01/08)
    • AmericaMustKnow history
  • Joan Corbett: Corbett v. Bowen (11/16/08)
    • AmericaMustKnow history
  • Gail Lightfoot: Lightfoot v. Bowen (12/03/08)
    • AmericaMustKnow history
• Georgia:
  • Rev. Tom Terry: Terry v. Handel (11/12/08)
    • AmericaMustKnow history
• Hawaii:
  • Andy Martin: Martin v. Lingle (11/26/08)
    • AmericaMustKnow history
• Kentucky:
  • Daniel John Essek: Kentucky Truck Driver Filing Suit in London District Court (12/01/08)
    • AmericaMustKnow history
• North Carolina:
  • Lt. Col. Donald Sullivan: Sullivan v. Marshall (11/28/08)
    • AmericaMustKnow history
• Texas:
  • Jody Brockhausen: Brockhausen v. Andrade (11/19/08)
    • AmericaMustKnow history

Defunct Cases:

• Patriot Brigade Case history
• California: David Archbold history
• Virginia: Wild Bill history
• New York: Dan Smith history
• Washington: Steve Marquis history
• Ohio: David Neal history; Carol Greenberg history

Start Slide Show with PicLens Lite

The Founders and Framers were incredibly intelligent people. In fact, they operated, intellectually, at a grade 24 level, grade 12 equating to the senior year in high school. Therefore, it shouldn’t come as any surprise that each Article and Amendment – each tenet – in The Charters of Freedom was painstakingly examined, debated, reviewed and, finally, included. Article II, Section 1 of the United States Constitution – the Article that clearly states the qualifications for holding the office of President of the United States – is no different.

To be clear, I have no decided position on whether or not President-Elect Barack Obama is a natural-born citizen or otherwise. I believe that we – as a people – need to base our understanding on any and every issue on the facts. But in the case of Mr. Obama’s status of natural-born citizenship there are too many unanswered questions and not enough transparency where the facts are concerned. For a candidate who ran his presidential campaign on the promise of transparency, Mr. Obama has proven in the earliest moments of his executive tenure that transparency is subjective.

The most troubling of the troublesome questions is why Mr. Obama didn’t immediately release his vaulted, original birth certificate for examination. This act would have not only eliminated a potential stumbling block for his campaign, but it would have certified his eligibility for the office of President of the United States and saved the taxpayers the cost of judicial intervention. Instead, under the pretext of visiting an ailing grandmother in Hawaii just days before the 2008 Presidential Election, Mr. Obama had his vaulted, original birth certificate sealed by Hawaii’s governor, Linda Lingle (R).

On Friday, December 5th, 2008, the full compliment of the United States Supreme Court will hold a Rule of Four Conference hearing on the issue of Donofrio v. Wells; a lawsuit alleging that New Jersey Secretary of State Nina Mitchell Wells was delinquent in disqualifying ineligible candidates for President of the United States from the November 4th, 2008 General Election Ballot. The US Supreme Court Rule of Four states that before a case is put on the docket, four out of the nine Supreme Court justices must agree in conference to hear the case. If four out of the nine Supreme Court Justices agree, Donofrio v. Wells will be heard by the full United States Supreme Court and our nation will stand on the brink of a Constitutional Crisis.

There are many reasons why someone running for the office of President of the United States should be a natural-born citizen but four come to mind as the most immediate: Allegiance, Sovereignty, Foreign Intervention and the Safeguarding of The Charters of Freedom.

Allegiance
It is important that anyone aspiring to the office of President of the United States have a steadfast allegiance to The Charters of Freedom and the country, without reserving any allegiance to any foreign power, entity or potentate.

Because the President of the United States serves as Commander-in-Chief of the United States Armed Forces it is essential that the person holding this position, and the authority to unleash the power of the US military, not be compromised of allegiance. And because the President is the Chief Executive — the administrator to all Executive Branch authorities and departments — it is paramount that this position be limited to those who would dedicate themselves to “country first.”

A person holding dual allegiance – or dual citizenship – would be put in the position of having to choose between those allegiances and would, therefore, compromise his oath of preserving, protecting and defending the United States Constitution.

Sovereignty
In an age when there exists a substantial number of federally elected officials who believe the United States should take its seat as an equal in a one-world, globalist order, it becomes critical that the person elected to serve as President of the United States have an unwavering dedication to our nation’s sovereignty.

With the advent of organizations such as the “World Court” and an ever-advancing encroachment of United Nations authority upon our sovereignty, it is important that our national sovereignty be protected at all cost. Allowing someone who does not satisfy Article II, Section 1 of the US Constitution to ascend to the office of President facilitates an opportunity for globalist ideologues to position themselves to do harm to the Charters of Freedom at the hand of world opinion and at the expense of the Rights as enumerated in The Charters of Freedom.

When one takes into account many of the extreme laws governing free speech, property rights, taxation and personal and religious freedom that exist throughout the world it becomes clear that to bow to the will of the world community, to trade our sovereignty for universal national equality, serves to diminish the freedom and liberty mandated by The Charters of Freedom, liberties and freedoms paid for with the blood and treasure of patriots.

Foreign Intervention
In the youthful existence of the United States of America our nation has come up against many individuals, nations and organizations who would revel in our demise. To permit a non-natural-born citizen to rise to the office of President would be to invite nefarious forces to manufacture a Little Nikita in the hope of bringing about the actualization of Nikita Khrushchev’s declaration that the United States will fall with nary a shot being fired.

To believe that organizations like al Qaeda, ideologues like Hugo Chavez and Mahmoud Ahmadinejad or nation states like Russia or China wouldn’t embrace the chance to – through the legitimate means of our electoral process – install an operative in the Oval Office is to be naïve. Each of these entities devote resources to affect the demise of the United States of America including military, economic and ideological (read: propaganda) resources.

Because the President of the United States is entrusted with the execution of authority of all Executive Branch departments and the command of the US military, it is vital that anyone aspiring to the office have a complete appreciation and devotion for the American way of life. Failing to vet those who do not possess natural-born appreciation or our uniquely American philosophy is to invite an ideological siege upon our nation and to compromise the ability to bequeath Americanism to future generations.

Safeguarding of the Charters of Freedom
Chief among every American President’s duties is to safeguard the Charters of Freedom. The Oath of Office of the President of the United States reads:

“I do solemnly swear (or affirm) that I will faithfully execute the Office of President of the United States, and will to the best of my Ability, preserve, protect and defend the Constitution of the United States.”

Some add, “So help me God” to punctuate their commitment.

Without a solid, unwavering dedication to preserving The Charters of Freedom the President of the United States is ill-prepared to advance the freedoms and liberties mandated therein to future generations. Those who would usurp the genius of our Founders and Framers by diminishing the importance of natural born citizenship as a requirement for President do so at the expense of generational safeguards. Those who engage in this national apostasy should be thoroughly scrutinized for any ulterior motive.

Today, as we await the decision of the United States Supreme Court on the issue of President-Elect Obama’s requirement to satisfy Article II, Section 1, our nation stands at a crossroads that runs adjacent to the abyss. Today, there is no provision in the US Constitution for a mechanism to enforce Article II, Section 1 but for US Supreme Court action. On Friday, should the US Supreme Court abdicate its responsibility to the US Constitution, the full Charters of Freedom and the American People, we will stand smaller in the eyes of our Founders and Framers and in the eyes of all who died in pursuit of the preservation of our freedoms and liberty.

While it is true that many who have come to be naturalized American citizens exhibit a deeper love of our country than many who take citizenship for granted, one of the few ways to assure that Americanism and The Charters of Freedom survive for future generations is to stipulate that those aspiring to become President of the United States be American. When we “rationalize” that requirement to the ash heap of history we can all rest assured that our freedom and liberty will soon follow.

Start Slide Show with PicLens Lite

I have been following the Obama birth certificate issue for months. I was concerned enough about it to go and re-read the Constitution, twice. I was perplexed by the fact that, while Article IV, Section II clearly states that to attain the Office of the President of the United States, one must be a “natural born” citizen. The Constitution does not define the term “natural born” so I’ve been searching for a definition, case law or somewhere that the term has been enforced. Finally, I found the below article at The Federalist Blog. It is the best case I have seen made for the reason that the founding fathers and the framers of the Constitution used the term “natural born”. Now, there are lot of comments at The Federalist Blog site that either support or discredit P.A. Madison’s definition but they are largely partisan opinionated. Just as I have my opinion, common sense tells me that the framers were trying to avoid duel allegiances while at the same time allowing the states to make specific law regarding citizenship.

Following the Madison definition of “Natural Born Citizen” I have included an article by Dr. Edwin Vieira, Jr., Ph.D., J.D. Dr. Vieira’s article was written in October, before the election but builds the case for the impending Constitutional crisis that will be afoot if Barack Obama usurps the Presidency.

Friday, The Supreme Court will meet to discuss the Leo Donofrio v. Wells case. Unfortunately, they will not also be looking into the issue of “standing” that the judge used to reject the Berg vs. Obama case in Philadelphia. Dr. Vieira states… “The judge in Berg v. Obama dismissed the case, not because Obama has actually proven that he is eligible for “the Office of President,” but instead because, simply as a voter, Berg supposedly lacks “standing” to challenge Obama’s eligibility:

regardless of questions of causation, the grievance remains too generalized to establish the existence of an injury in fact. * ** [A] candidate’s ineligibility under the Natural Born Citizen Clause does not result in an injury in fact to voters. By extension, the theoretical constitutional harm experienced by voters does not change as the candidacy of an allegedly ineligible candidate progresses from the primaries to the general election.

This pronouncement does not rise to the level of hogwash.”

Defining Natural-Born Citizen

By P.A. Madison

“The common law of England is not the common law of these States.” —George Mason

UPDATED 11/28/08

What might the phrase “natural-born citizen” of the United States imply under the U.S. Constitution? The phrase has always been obscure due to the lack of any single authoritative source to confer in order to understand the condition of citizenship the phrase recognizes. Learning what the phrase might have meant following the Declaration of Independence, and following the adoption of the Fourteenth Amendment, requires detective work. As with all detective work, eliminating the usual suspects from the beginning goes a long way in quickly solving a case.

What Natural-Born Citizen Could Not Mean

Could a natural-born citizen simply mean citizenship due to place of birth?

Unlikely because we know one can be native born and yet not a native born citizen of this country prior to the year 1866. There were even disputes whether anyone born within the District of Columbia or in the territories were born citizens of the United States (they were referred to as “inhabitants” instead.) National Government could make no “territorial allegiance” demands within the several States because as Madison explained it, the “powers reserved to the several States will extend to all the objects which, in the ordinary course of affairs, concern the lives, liberties, and properties of the people, and the internal order, improvement, and prosperity of the State.”

Jurisdiction over citizenship via birth within the several States was part of the “ordinary course of affairs” of the States that only local laws could affect. Early acts of Naturalization recognized the individual State Legislatures as the only authority who could make anyone a citizen of a State. Citizens of each State were united together through Article IV, Sec. II of the U.S. Constitution, and thus, no act of Congress was required to make citizens of the individual States citizens of the United States.

Prior to the Revolutionary War place of birth within the dominions of the crown was the principle criterion for establishing perpetual allegiance to the crown in this country. After independence, this maxim was only recognized as far as individual States were willing to recognize it. The State of Virginia in 1777 moved to recognize parentage (citizenship of father) in determining allegiance and citizenship. States that were slow in enacting laws controlling birth and citizenship forced the courts to adjudicate citizenship disputes under common law rules.

Congress was vested only with the power to make uniform rules of naturalization in order to remove alienage from those who were already born abroad (outside of the States) who had immigrated to any one of the individual States. The best Congress could do is declare children born to fathers who were already a citizen of some State to be a citizen themselves. In other words, naturalization only provides for the removal of alienage and not for the creation of citizens within individual States.

Additionally, if the framers merely intended for birth alone on U.S. soil then all would had been necessary was to say the President shall be “native born.”

Could a natural-born citizen perhaps be synonymous with the British term “natural-born subject”?

It is very doubtful the framers adopted the doctrine found under the old English doctrine of “natural-born subject.” The British doctrine allowed for double allegiances, something the founders considered improper.

Framer Rufus King said allegiance to the United States depended on whether a person is a “member of the body politic.” King says no nation should adopt or naturalize a person of another society without the consent of that person. The reason? Because “he ought not silently to be embarrassed with a double allegiance.”

The powers of the general government were limited and defined, preventing Congress from exercising the same kind of sovereignty that Britain had over its claimed dominions within established States of the Union.

Under the old English common law doctrine of natural-born subject, birth itself was an act of naturalization that required no prior consent or demanded allegiance to the nation in advance. Furthermore, birth was viewed as enjoining a “perpetual allegiance” upon all that could never be severed or altered by any change of time or act of anyone. England’s “perpetual allegiance” due from birth was extremely unpopular in this country; often referred to as absurd barbarism, or simply perpetual nonsense. America went to war with England over the doctrine behind “natural-born subject” in June of 1812.

Because Britain considered all who were born within the dominions of the crown to be its natural-born subjects even after becoming naturalized citizens of the United States, led to British vessels blockading American ports. Under the British blockade, every American ship entering or leaving was boarded by soldiers in search of British born subjects. At least 6,000 American citizens who were found to be British natural-born subjects were impressed into military service on behalf of the British Empire, and thus, the reason we went to war.

Fourteenth Amendment

The adoption of the Fourteenth Amendment obviously affects how we view natural-born citizens because for the first time there is a national rule of who may by birth be a citizen of the United States. Who may be born citizens of the States is conditional upon being born “subject to the jurisdiction” of the United States. The legislative definition of “subject to the jurisdiction thereof” was defined as “Not owing allegiance to anybody else.”

This national rule prevents us from interpreting natural-born citizen under common law rules because it eliminates the possibility of a child being born with more than one allegiance.

The primary author of the citizenship clause, Sen. Jacob M. Howard, said the “word jurisdiction, as here employed, ought to be construed so as to imply a full and complete jurisdiction on the part of the United States, whether exercised by Congress, by the executive, or by the judicial department; that is to say, the same jurisdiction in extent and quality as applies to every citizen of the United States now.”

United States Attorney General, George Williams, whom was a U.S. Senator aligned with Radical Republicans during the drafting of the Fourteenth Amendment in 1866, ruled in 1873 the word “jurisdiction” under the Fourteenth Amendment “must be understood to mean absolute and complete jurisdiction, such as the United States had over its citizens before the adoption of this amendment.” He added, “Political and military rights and duties” do not pertain to anyone else.

Essentially then, “subject to the jurisdiction thereof” means the same jurisdiction the United States exercises over its own citizens, i.e., only citizens of the United States come within its operation since citizens of the United States do not owe allegiance to some other nation at the same time they do the United States. This makes a great deal of sense for the time because there was a great deal of controversy over conflicts arising from double allegiances. In fact, Congress issued a joint congressional report on June 22, 1874 that said the “United States have not recognized a double allegiance.”

Fourteenth Amendment framer, Rep. John A. Bingham, argued before the House in 1871 that Dr. John Emilio Houard was a natural-born citizen of the United States. According to Bingham he was a natural-born citizen because he was “born of naturalized parents within the jurisdiction of the United States” by the “express words of the Constitution, as amended today.” A naturalized male (women became naturalized through their husbands) were required to “absolutely and entirely renounce and abjure all allegiance and fidelity” to other nations, and thus, could no longer be said to owe allegiance to anyone but the United States.

Because “subject to the jurisdiction thereof” requires not owing allegiance to any other nation, and because the nation does not recognize double allegiances that can be created at common law, narrows the possibilities to what “natural-born citizen” can mean.

Natural-Born Citizen Defined

One universal point most all early publicists agreed on was natural-born citizen must mean one who is a citizen by no act of law. If a person owes their citizenship to some act of law (naturalization for example), they cannot be considered a natural-born citizen. This leads us to defining natural-born citizen under the laws of nature – laws the founders recognized and embraced.

Under the laws of nature, every child born requires no act of law to establish the fact the child inherits through nature his/her father’s citizenship as well as his name (or even his property) through birth. This law of nature is also recognized by law of nations. Sen. Howard said the citizenship clause under the Fourteenth Amendment was by virtue of “natural law and national law.” The first Naturalization Act passed by Congress recognized “natural-born citizens” to be those born beyond the States to resident fathers who were already established citizens of the United States.

The advantages of Natural Law is competing allegiances between nations are avoided, or at least with those nations whose custom is to not make citizens of other countries citizens without their consent. Additional alternations or conflicts due to a child’s natural citizenship are strictly a creature of local municipal law. In the year 1866, the United States for the first time adopted a local municipal law under Sec. 1992 of U.S. Revised Statutes that read: “All persons born in the United States and not subject to any foreign power, excluding Indians not taxed, are declared to be citizens of the United States.”

Rep. Bingham commenting on Section 1992 said it means “every human being born within the jurisdiction of the United States of parents not owing allegiance to any foreign sovereignty is, in the language of your Constitution itself, a natural born citizen.” This national law does not endow upon any person allegiance through birth alone as was the custom under the old English common law practice but only recognizes citizenship of those born to parents who do not owe allegiance to another nation. In other words, national law prevented the creation of conflicting dual citizenships between other nation’s citizens.

Secretary of State Bayard ruled under Section 1992 of U.S. Revised Statutes in 1885 that although Richard Greisser was born in the United States, his father at the time of his birth was a subject of Germany, and thus, Richard Greisser could not be a citizen of the United States. Furthermore, it was held his father was not subject to the jurisdiction of the United States under the Fourteenth Amendment.

The constitutional requirement for the President of the United States to be a natural-born citizen had one purpose according to St. George Tucker:

That provision in the constitution which requires that the president shall be a native-born citizen (unless he were a citizen of the United States when the constitution was adopted,) is a happy means of security against foreign influence, which, wherever it is capable of being exerted, is to he dreaded more than the plague. The admission of foreigners into our councils, consequently, cannot be too much guarded against; their total exclusion from a station to which foreign nations have been accustomed to, attach ideas of sovereign power, sacredness of character, and hereditary right, is a measure of the most consummate policy and wisdom. … The title of king, prince, emperor, or czar, without the smallest addition to his powers, would have rendered him a member of the fraternity of crowned heads: their common cause has more than once threatened the desolation of Europe. To have added a member to this sacred family in America, would have invited and perpetuated among us all the evils of Pandora’s Box.

Additionally, Charles Pinckney in 1800 said the presidential eligibility clause was designed “to insure … attachment to the country.”

What better way to insure attachment to the country then to require the President to have inherited his American citizenship through his American father and not through a foreign father. Any child can be born anywhere in the country and removed by their father to be raised in his native country. The risks would be for the child the return in later life to reside in this country bringing with him foreign influences and intrigues.

Therefore, we can say with confidence that a natural-born citizen of the United States means those persons born whose father the United States already has an established jurisdiction over, i.e., born to father’s who are themselves citizens of the United States. A person who had been born under a double allegiance cannot be said to be a natural-born citizen of the United States because such status is not recognized (only in fiction of law). A child born to an American mother and alien father could be said to be a citizen of the United States by some affirmative act of law but never entitled to be a natural-born citizen because through laws of nature the child inherits the condition of their father.

Related:

What “Subject to the Jurisdiction Thereof” Really Means

Wong Kim Ark Analysis

OBAMA MUST STAND UP NOW OR STEP DOWN

By Dr. Edwin Vieira, Jr., Ph.D., J.D.

October 29, 2008
NewsWithViews.com

America is facing potentially the gravest constitutional crisis in her history. Barack Obama must either stand up in a public forum and prove, with conclusive documentary evidence, that he is “a natural born Citizen” of the United States who has not renounced his America citizenship—or he must step down as the Democratic Party’s candidate for President of the United States—preferably before the election is held, and in any event before the Electoral College meets. Because, pursuant to the Constitution, only “a natural born Citizen, or a Citizen of the United States at the time of the Adoption of th[e] Constitution, shall be eligible to the Office of President” (Article II, Section 1, Clause 4). And Obama clearly was not “a Citizen of the United States at the time of the Adoption of th[e] Constitution.”

Whether the evidence will show that Obama is, or is not, “a natural born Citizen” who has never renounced his American citizenship is an open question. The arguments on both sides are as yet speculative. But Obama’s stubborn refusal to provide what he claims is “his own” country with conclusive proof on that score compels the presumption that he knows, or at least strongly suspects, that no sufficient evidence in his favor exists. After all, he is not being pressed to solve a problem in quantum physics that is “above his pay grade,” but only asked to provide the public with the original copy of some official record that establishes his citizenship. The vast majority of Americans could easily do so. Why will Obama not dispel the doubts about his eligibility—unless he can not?

Now that Obama’s citizenship has been seriously questioned, the burden of proof rests squarely on his shoulders. The “burden of establishing a delegation of power to the United States * * * is upon those making the claim.” Bute v. Illinois, 333 U.S. 640, 653 (1948). And if each of the General Government’s powers must be proven (not simply presumed) to exist, then every requirement that the Constitution sets for any individual’s exercise of those powers must also be proven (not simply presumed) to be fully satisfied before that individual may exercise any of those powers. The Constitution’s command that “[n]o Person except a natural born Citizen * * * shall be eligible to the Office of President” is an absolute prohibition against the exercise of each and every Presidential power by certain unqualified individuals. Actually (not simply presumptively or speculatively) being “a natural born Citizen” is the condition precedent sine qua non for avoiding this prohibition. Therefore, anyone who claims eligibility for “the Office of President” must, when credibly challenged, establish his qualifications in this regard with sufficient evidence.

In disposing of the lawsuit Berg v. Obama, which squarely presents the question of Obama’s true citizenship, the presiding judge complained that Berg “would have us derail the democratic process by invalidating a candidate for whom millions of people voted and who underwent excessive vetting during what was one of the most hotly contested presidential primary in living memory.” This is exceptionally thin hogwash. A proper judicial inquiry into Obama’s eligibility for “the Office of President” will not deny his supporters a “right” to vote for him—rather, it will determine whether they have any such “right” at all. For, just as Obama’s “right” to stand for election to “the Office of President” is contingent upon his being “a natural born Citizen,” so too are the “rights” of his partisans to vote for him contingent upon whether he is even eligible for that “Office.” If Obama is ineligible, then no one can claim any “right” to vote for him. Indeed, in that case every American who does vote has a constitutional duty to vote against him.

The judge in Berg v. Obama dismissed the case, not because Obama has actually proven that he is eligible for “the Office of President,” but instead because, simply as a voter, Berg supposedly lacks “standing” to challenge Obama’s eligibility:

regardless of questions of causation, the grievance remains too generalized to establish the existence of an injury in fact. * ** [A] candidate’s ineligibility under the Natural Born Citizen Clause does not result in an injury in fact to voters. By extension, the theoretical constitutional harm experienced by voters does not change as the candidacy of an allegedly ineligible candidate progresses from the primaries to the general election.

This pronouncement does not rise to the level of hogwash.

First, the Constitution mandates that “[t]he judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution” (Article III, Section 2, Clause 1). Berg’s suit plainly “aris[es] under th[e] Constitution,” in the sense of raising a critical constitutional issue. So the only question is whether his suit is a constitutional “Case[ ].” The present judicial test for whether a litigant’s claim constitutes a constitutional “Case[ ]” comes under the rubric of “standing”—a litigant with “standing” may proceed; one without “standing” may not. “Standing,” however, is not a term found anywhere in the Constitution. Neither are the specifics of the doctrine of “standing,” as they have been elaborated in judicial decision after judicial decision, to be found there. Rather, the test for “standing” is almost entirely a judicial invention.

True enough, the test for “standing” is not as ridiculous as the judiciary’s so-called “compelling governmental interest test,” which licenses public officials to abridge individuals’ constitutional rights and thereby exercise powers the Constitution withholds from those officials, which has no basis whatsoever in the Constitution, and which is actually anti-constitutional. Neither is the doctrine of “standing” as abusive as the “immunities” judges have cut from whole cloth for public officials who violate their constitutional “Oath[s] or Affirmation[s], to support this constitution” (Article VI, Clause 3)—in the face of the Constitution’s explicit limitation on official immunities (Article I, Section 6, Clause 1). For the Constitution does require that a litigant must present a true “Case[ ].” Yet, because the test for “standing” s largely a contrivance of all-too-fallible men and women, its specifics can be changed as easily as they were adopted, when they are found to be faulty. And they must be changed if the consequences of judicial ignorance, inertia, and inaction are not to endanger America’s constitutional form of government. Which is precisely the situation here, inasmuch as the purported “election” of Obama as President, notwithstanding his ineligibility for that office, not only will render illegitimate the Executive Branch of the General Government, but also will render impotent its Legislative Branch (as explained below).

Second, the notion upon which the judge in Berg v. Obama fastened—namely, that Berg’s “grievance remains too generalized to establish the existence of an injury in fact,” i.e., if everyone is injured or potentially injured then no one has “standing”—is absurd on its face.

To be sure, no one has yet voted for Obama in the general election. But does that mean that no one in any group smaller than the general pool of America’s voters in its entirety has suffered specific harm from Obama’s participation in the electoral process to date? Or will suffer such harm from his continuing participation? What about the Democrats who voted for Hillary Clinton as their party’s nominee, but were saddled with Obama because other Democrats voted for him even though they could not legally have done so if his lack of eligibility for “the Office of President” had been judicially determined before the Democratic primaries or convention? What about the States that have registered Obama as a legitimate candidate for President, but will have been deceived, perhaps even defrauded, if he is proven not to be “a natural born Citizen”? And as far as the general election is concerned, what about the voters among erstwhile Republicans and Independents who do not want John McCain as President, and therefore will vote for Obama (or any Democrat, for that matter) as “the lesser of two evils,” but who later on may have their votes effectively thrown out, and may have to suffer McCain’s being declared the winner of the election, if Obama’s ineligibility is established? Or what about those voters who made monetary contributions to Obama’s campaign, but may at length discover that their funds went, not only to an ineligible candidate, but to one who knew he was ineligible?

These obvious harms pale into insignificance, however, compared to the national disaster of having an outright usurper purportedly “elected” as “President.” In this situation, it is downright idiocy to claim, as did the judge in Berg v. Obama, that a “generalized” injury somehow constitutes no judicially cognizable injury at all. Self-evidently, to claim that a “generalized” grievance negates “the existence of an injury in fact” is patently illogical—for if everyone in any group can complain of the same harm of which any one of them can complain, then the existence of some harm cannot be denied; and the more people who can complain of that harm, the greater the aggregate or cumulative seriousness of the injury. The whole may not be greater than the sum of its parts; but it is at least equal to that sum! Moreover, for a judge to rule that no injury redressable in a court of law exists, precisely because everyone in America will be subjected to an individual posing as “the President” but who constitutionally cannot be (and therefore is not) the President, sets America on the course of judicially assisted political suicide. If Obama turns out to be nothing more than an usurper who has fraudulently seized control of the Presidency, not only will the Constitution have been egregiously flouted, but also this whole country could be, likely will be, destroyed as a consequence. And if this country is even credibly threatened with destruction, every American will be harmed—irretrievably, should the threat become actuality—including those who voted or intend to vote for Obama, who are also part of We the People. Therefore, in this situation, any and every American must have “standing” to demand—and must demand, both in judicial fora and in the fora of public opinion—that Obama immediately and conclusively prove himself eligible for “the Office of President.”

Utterly imbecilic as an alternative is the judge’s prescription in Berg v. Obama that,

[i]f, through the political process, Congress determines that citizens, voters, or party members should police the Constitution’s eligibility requirements for the Presidency, then it is free to pass laws conferring standing on individuals like [Berg]. Until that time, voters do not have standing to bring the sort of challenge that [Berg] attempts to bring * * * .

Recall that this selfsame judge held that Berg has no constitutional “Case[ ]” because he has no “standing,” and that he has no “standing” because he has no “injury in fact,” only a “generalized” “grievance.” This purports to be a finding of constitutional law: namely, that constitutionally no “Case[ ]” exists. How, then, can Congress constitutionally grant “standing” to individuals such as Berg, when the courts (assuming the Berg decision is upheld on appeal) have ruled that those individuals have no “standing”? If “standing” is a constitutional conception, and the courts deny that “standing” exists in a situation such as this, and the courts have the final say as to what the Constitution means—then Congress lacks any power to contradict them. Congress cannot instruct the courts to exercise jurisdiction beyond what the Constitution includes within “the judicial Power.” Marbury v. Madison, 5 U.S. (1 Cranch) 137, 173-180 (1803).

In fact, though, a Congressional instruction is entirely unnecessary. Every American has what lawyers call “an implied cause of action”—directly under Article II, Section 1, Clause 4 of the Constitution—to require that anyone standing for “the Office of President” must verify his eligibility for that position, at least when serious allegations have been put forward that he is not eligible, and he has otherwise refused to refute those allegations with evidence that should be readily available if he is eligible. That “Case[ ]” is one the Constitution itself defines. And the Constitution must be enforceable in such a “Case[ ]” in a timely manner, by anyone who cares to seek enforcement, because of the horrendous consequences that will ensue if it is flouted.

What are some of those consequences?

First, if Obama is not “a natural born Citizen” or has renounced such citizenship, he is simply not eligible for “the Office of President” (Article II, Section 1, Clause 4). That being so, he cannot be “elected” by the voters, by the Electoral College, or by the House of Representatives (see Amendment XII). For neither the voters, nor the Electors, nor Members of the House can change the constitutional requirement, even by unanimous vote inter sese (see Article V). If, nonetheless, the voters, the Electors, or the Members of the House purport to “elect” Obama, he will be nothing but an usurper, because the Constitution defines him as such. And he can never become anything else, because an usurper cannot gain legitimacy if even all of the country aid, abets, accedes to, or acquiesces in his usurpation.

Second, if Obama dares to take the Presidential “Oath or Affirmation” of office, knowing that he is not “a natural born Citizen,” he will commit the crime of perjury or false swearing (see Article II, Section 1, Clause 7). For, being ineligible for “the Office of President, he cannot “faithfully execute the Office of President of the United States,” or even execute it at all, to any degree. Thus, his very act of taking the “Oath or Affirmation” will be a violation thereof! So, even if the Chief Justice of the Supreme Court himself looks the other way and administers the “Oath or Affirmation,” Obama will derive no authority whatsoever from it.

Third, his purported “Oath or Affirmation” being perjured from the beginning, Obama’s every subsequent act in the usurped “Office of President” will be a criminal offense under Title 18, United States Code, Section 242, which provides that:

[w]hoever, under color of any law, statute, ordinance, regulation, or custom, willfully subjects any person in any State, Territory, Commonwealth, Possession, or District to the deprivation of any rights, privileges, or immunities secured or protected by the Constitution or laws of the United States * * * shall be fined * * * or imprisoned not more than one year, or both; and if bodily injury results from the acts committed in violation of this section or if such acts include the use, attempted use, or threatened use of a dangerous weapon, explosives, or fire, shall be fined * * * or imprisoned not more than ten years, or both; and if death results from the acts committed in violation of this section or if such acts include kidnapping or an attempt to kidnap, * * *, or an attempt to kill, shall be fined * * * or imprisoned for any term of years or for life, or both, or may be sentenced to death.

Plainly enough, every supposedly “official” act performed by an usurper in the President’s chair will be an act “under color of law” that necessarily and unavoidably “subjects [some] person * * * to the deprivation of [some] rights, privileges, or immunities secured or protected by the Constitution * * * of the United States”—in the most general case, of the constitutional “right[ ]” to an eligible and duly elected individual serving as President, and the corresponding constitutional “immunit[y]” from subjection to an usurper pretending to be “the President.”

Fourth, if he turns out to be nothing but an usurper acting in the guise of “the President,” Obama will not constitutionally be the “Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States, when called into the actual Service of the United States” (see Article II, Section 2, Clause 1). Therefore, he will be entitled to no obedience whatsoever from anyone in those forces. Indeed, for officers or men to follow any of his purported “orders” will constitute a serious breach of military discipline—and in extreme circumstances perhaps even “war crimes.” In addition, no one in any civilian agency in the Executive Branch of the General Government will be required to put into effect any of Obama’s purported “proclamations,” “executive orders,” or “directives.”

Fifth, as nothing but an usurper (if he becomes one), Obama will have no conceivable authority “to make Treaties”, or to “nominate, and * * * appoint Ambassadors, other public Ministers and Consuls, Judges of the Supreme Court, and all other Officers of the United States, whose Appointments are not * * * otherwise provided for [in the Constitution]” (Article II, Section 2, Clause 2). And therefore any “Treaties” or “nominat[ions], and * * * appoint[ments]” he purports to “make” will be void ab initio, no matter what the Senate does, because the Senate can neither authorize an usurper to take such actions in the first place, nor thereafter ratify them. One need not be a lawyer to foresee what further, perhaps irremediable, chaos must ensue if an usurper, even with “the Advice and Consent of the Senate”, unconstitutionally “appoint[s] * * * Judges of the Supreme Court” whose votes thereafter make up the majorities that wrongly decide critical “Cases” of constitutional law.

Sixth, and perhaps most importantly, Congress can pass no law while an usurper pretends to occupy “the Office of President.” The Constitution provides that “[e]very Bill which shall have passed the House of Representatives and the Senate, shall, before it become a Law, be presented to the President of the United States” (Article I, Section 7, Clause 2). Not to an usurper posturing as “the President of the United States,” but to the true and rightful President. If no such true and rightful President occupies the White House, no “Bill” will or can, “before it become a Law, be presented to [him].” If no “Bill” is so presented, no “Bill” will or can become a “Law.” And any purported “Law” that the usurper “approve[s]” and “sign[s],” or that Congress passes over the usurper’s “Objections,”will be a nullity. Thus, if Obama deceitfully “enters office” as an usurper, Congress will be rendered effectively impotent for as long as it acquiesces in his pretenses as “President.”

Seventh, if Obama does become an usurper posturing as “the President,” Congress cannot even impeach him because, not being the actual President, he cannot be “removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors” (see Article II, Section 4). In that case, some other public officials would have to arrest him—with physical force, if he would not go along quietly—in order to prevent him from continuing his imposture. Obviously, this could possibly lead to armed conflicts within the General Government itself, or among the States and the people.

Eighth, even did something approaching civil war not eventuate from Obama’s hypothetical usurpation, if the Establishment allowed Obama to pretend to be “the President,” and the people acquiesced in that charade, just about everything that was done during his faux “tenure in office” by anyone connected with the Executive Branch of the General Government, and quite a bit done by the Legislative Branch and perhaps the Judicial Branch as well, would be arguably illegitimate and subject to being overturned when a constitutional President was finally installed in office. The potential for chaos, both domestically and internationally, arising out of this systemic uncertainty is breathtaking.

The underlying problem will not be obviated if Obama, his partisans in the Democratic Party, and his cheerleaders and cover-up artists in the big media simply stonewall the issue of his (non)citizenship and contrive for him to win the Presidential election. The cat is already out of the bag and running all over the Internet. If he continues to dodge the issue, Obama will be dogged with this question every day of his purported “Presidency.” And inevitably the truth will out. For the issue is too simple, the evidence (or lack of it) too accessible. Either Obama can prove that he is “a natural born Citizen” who has not renounced his citizenship; or he cannot. And he will not be allowed to slip through with some doctored “birth certificate” generated long after the alleged fact. On a matter this important, Americans will demand that, before its authenticity is accepted, any supposed documentary evidence of that sort be subjected to reproducible forensic analyses conducted by reputable, independent investigators and laboratories above any suspicion of being influenced by or colluding with any public official, bureaucracy, political party, or other special-interest organization whatsoever.

Berg v. Obama may very well end up in the Supreme Court. Yet that ought to be unnecessary. For Obama’s moral duty is to produce the evidence of his citizenship sua sponte et instanter. Otherwise, he will be personally responsible for all the consequences of his refusal to do so.

Of course, if Obama knows that he is not “a natural born Citizen” who never renounced his American citizenship, then he also knows that he and his henchmen have perpetrated numerous election-related frauds throughout the country—the latest, still-ongoing one a colossal swindle targeting the American people as a whole. If that is the case, his refusal “to be a witness against himself” is perfectly explicable and even defensible on the grounds of the Fifth Amendment. Howsoever justified as a matter of criminal law, though, Obama’s silence and inaction will not obviate the necessity for him to prove his eligibility for “the Office of President.” The Constitution may permit him to “take the Fifth;” but it will not suffer him to employ that evasion as a means to usurp the Presidency of the United States.

© 2008 Edwin Vieira, Jr. – All Rights Reserved

Edwin Vieira, Jr., holds four degrees from Harvard: A.B. (Harvard College), A.M. and Ph.D. (Harvard Graduate School of Arts and Sciences), and J.D. (Harvard Law School).

For more than thirty years he has practiced law, with emphasis on constitutional issues. In the Supreme Court of the United States he successfully argued or briefed the cases leading to the landmark decisions Abood v. Detroit Board of Education, Chicago Teachers Union v. Hudson, and Communications Workers of America v. Beck, which established constitutional and statutory limitations on the uses to which labor unions, in both the private and the public sectors, may apply fees extracted from nonunion workers as a condition of their employment.

He has written numerous monographs and articles in scholarly journals, and lectured throughout the county. His most recent work on money and banking is the two-volume Pieces of Eight: The Monetary Powers and Disabilities of the United States Constitution (2002), the most comprehensive study in existence of American monetary law and history viewed from a constitutional perspective. www.piecesofeight.us

He is also the co-author (under a nom de plume) of the political novel CRA$HMAKER: A Federal Affaire (2000), a not-so-fictional story of an engineered crash of the Federal Reserve System, and the political upheaval it causes. www.crashmaker.com

His latest book is: “How To Dethrone the Imperial Judiciary“ … and Constitutional “Homeland Security,” Volume One, The Nation in Arms…

He can be reached at:
13877 Napa Drive
Manassas, Virginia 20112.

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