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Sunday, October 11, 2009

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

A Place to Ask Questions To Get the Right Answers published:

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: (Click Image to enlarge)
Quote

http://www.oyez.org/cases/1792-1850/1821/1821_0

Link to Full Case:
http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=US&vol=19&invol=264

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
http://puzo1.blogspot.com/
http://www.protectourliberty.org/

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