Obama’s oath makes a mockery of the Constitution

February 4, 2009

‘The natives, or natural-born citizens, are those born in the country, of parents who are citizens’

CAMDEN, N.J. – Another lawsuit was filed on Jan. 20 in U.S. District Court for the District of New Jersey, challenging President Barak Obama’s eligibility under the Constitution to hold the office of President.

The lawsuit, filed by Attorney Mario Apuzzo on behalf of Charles F. Kerchner, Jr. and three other defendants, is not only aimed at Obama, but at Congress, Vice President Dick Cheney, as President of the Senate and Presiding Officer of the Joint Session of Congress during which the electoral votes were counted, and Nancy Pelosi, as Speaker of the House and individually, as well for failure to properly vet Obama’s eligibility under the “natural born citizen” clause.

While Apuzzo argues, “Congress cannot and must not say that the ‘Snopes.com’ and ‘FactCheck.org’ statements online and Obama's campaign's word are all they need to satisfy the Constitution and their due diligence to protect it on behalf of the plaintiffs and the people,” he states that is exactly what Congress did – citing Snopes.com in letters to constituents as proof Obama is an Article II “natural born citizen,” even though Snopes.com has never stated such.

During the Joint Session of Congress, Cheney called for the tellers to proceed with the reading of the electoral votes in alphabetical order by states and tally the vote.

Following his announcement of the vote totals for each candidate for each office, Cheney declared Obama and Joe Biden the winners, and dissolved the Joint Session.

At no time did Cheney call for objections after the vote tally was reported for each state or at the end of the total vote for either office, as required, nor did any member stand up and state “point of order” to raise an objection.

So, according to Apuzzo, not only did the Joint Session of Congress fail to vet and investigate Obama’s qualifications to be president under “the unique circumstances existing in the public arena and given the petition of the plaintiffs and thousands of people,” but Cheney also did not openly call for objections as required by 3 USC Chapter 1, Section 15.

Apuzzo says Congress committed an unconstitutional act of confirming Obama and calls it a mockery of the Constitution for Obama to take the oath as the new President to preserve, protect and defend the Constitution if he is not qualified by that same document to be President.

While the issue of Obama’s citizenship remains clouded because those with authority to request proof have failed to do so, it is clear Obama’s father was a foreign national, which means Obama cannot be a “natural born citizen,” as Apuzzo cites in his notes from E. de Vattel, Law of Nations, Book 1, Chapter 19, Section 212 (1758): “The natives, or natural-born citizens, are those born in the country, of parents who are citizens.”

Judicial Watch targets Clinton as constitutionally ineligible

By Linda Bentley | February 4, 2009

Joint resolution called an ineffectual attempt to evade the restrictions

WASHINGTON, D.C. – Judicial Watch, a public interest group that investigates and prosecutes government corruption, filed a complaint for declaratory and injunctive relief on Jan. 29 on behalf of David Rodearmel against Hillary Rodham Clinton, contesting the constitutionality of her appointment to the office of U.S. Secretary of State.

Rodearmel has been a commissioned U.S. Foreign Service Officer employed by the U.S. Department of State since 1991. He is also a retired U.S. Army Judge Advocate General Reserve Officer with the rank of Lieutenant Colonel. Prior to becoming a Foreign Service Officer, Rodearmel served as a military lawyer and intelligence officer in the U.S. Army. He’s received numerous awards and commendations from both the U.S. Department of State and the U.S. military; his degrees and credentials just continue on from there.
When he became a commissioned Foreign Service Officer in 1991, Rodearmel took an oath to “support and defend the Constitution of the United States against all enemies, foreign and domestic …”

He took that same oath when he became a military officer in 1977, has remained true to his oath throughout his career and says he intends to remain so through the duration of his employment as a Foreign Service Officer at the U.S. Department of State.

Prior to Clinton becoming the U.S. Secretary of State on Jan. 21, 2009, she served as U.S. Senator from the state of New York. She was elected to her first six-year term in Nov. 2000 and was reelected in 2006 to a term that would not expire until January 2013.

During Clinton’s tenure in the Senate, the compensation paid to the U.S. Secretary of State increased several times and, according to the complaint, it was raised three times since Clinton began her second term in January 2007.

And, Article I, Section 6, clause 2 of the U.S. Constitution states, “No Senator or Representative shall, during the time for which he was elected, be appointed to any civil office under the authority of the United States, which shall have been created, or the emoluments whereof shall have been increased during such time; and no person holding any office under the United States, shall be a member of either house during his continuance in office.”

While Clinton is clearly ineligible to hold such civil office, Attorney Paul Orfanedes said the U.S. Congress passed a joint resolution on Dec. 10, 2008, to become effective at noon on Jan. 20, 2009, reducing the “compensation and other emoluments” of the office of the U.S. Secretary of State to those in effect on Jan. 1, 2007, as “an ineffectual attempt to evade” the restrictions.

Orfanedes argues the joint resolution signed into law by President Bush cannot change the fact that the “compensation and emoluments” of the office of the U.S. Secretary of State increased during Clinton’s tenure in the U.S. Senate, including as many as three times during the second six-year term to which she was elected.

He asserts Clinton is ineligible to hold any civil office under the authority of the United States until the second six-year term to which she was elected expires in January 2013.

Rodearmel would be required to serve under, take direction from and report to Clinton, which he claims is in direct and unequivocal conflict with the oath he took to defend.

To continue in office under Clinton, Rodearmel would be required to violate his oath as a condition of continued employment.

Clinton’s appointment otherwise constructively discharges Rodearmel from his employment as a U.S. Foreign Service Officer at the U.S. Department of State if he is to remain faithful to his oath