Department of Justice embraces Obama’s Politics of Tyranny Thanks Tpgow

Posted: 03/17/2010 by Lynn Dartez in Oath Keeperrs

ARGUES IN KERCHNER VS. OBAMA APPELLEE BRIEF THAT U.S. CONSTITUTION IS NOT THE LAW OF THE LAND

Legal Analysis by John Charlton

From the American Revolution to today, there has been an intimate bond between our armed forces and the very political notion of liberty upon which our independence and Republic are founded.

(March 9, 2010) — Many U.S. Citizens have not awakened to the fact that the U.S.A. is no longer a Constitutional Republic, but a tyrannical state, overthrown from the very day Chief Justice Roberts administered the oath of office to the ineligible candidate, Barack Hussein Obama II.

Those in denial of this bitter political reality need look no further for the evidence of the paradigm shift in the minds of lawyers for the U.S. Department of Justice than the opposition brief filed by Tony West, Assistant Attorney General, Paul J. Fishman, U.S. Attorney, and Mark B. Stern and Eric Fleisig-Green, of the Appellate Staff Division of the DoJ, before the U.S. Third Circuit Court of Appeals in the case of Kerchner et al. vs. Obama & Congress.

The core of the Department of Justice’s argument manifests in the clearest terms that they no longer hold the U.S. Constitution as the Supreme Law of the Land, but rather consider it merely as a theoretical construct, the violation of which harms no one in particular, on pp. 9-10 (Bold Face added):

Plaintiffs suggest that their injuries are analogous to those of states affected by global warming or individuals injured by government displays of religion. See Pl. Br. 39 (citing cases). But none of plaintiffs’ cited cases suggests that a mere interest in the proper application of the law, unaccompanied by more concrete consequences particular to a plaintiff, can serve as the basis of Article III standing. See, e.g., Massachusetts v. EPA, 549 U.S. 497, 517 (2007) (reinforcing that under Article III “a litigant must demonstrate that it has suffered a concrete and particularized injury that is either actual or imminent”); Suhre v. Haywood County, 131 F.3d 1083, 1086 (4th Cir. 1997) (“[A] mere abstract objection to unconstitutional conduct is not sufficient to confer standing.”) (cited at Pl. Br. 39).

As a sworn upholder of the Constitution, Commander Kerchner is no longer a private citizen-per-se, but a Constitutional officer who is bound to uphold the Supreme Law of the Land against all enemies, foreign and domestic.

Considering that Obama holds foreign citizenship and has used his claim to U.S. Citizenship to enter into an office for which he is not eligible by the mere fact of holding British Citizenship from birth (cf. our article, 4 Supreme Court Cases define “natural born citizen” ), he is rightly considered both a foreign and a domestic enemy of the U.S. Constitution.

Considering that Commander Kerchner is duty-bound to defend the Constitution against such an enemy, his case and his appeal are perfectly lawful, right, and just, and the Third Circuit Court of Appeals has  a constitutional duty to hear the appeal and overturn the anarchical decision of Judge Jerome B. Simandle, who dismissed the case.

Furthermore, Kerchner, in being forced to accept an ineligible Commander-in-Chief by the action of the Joint Session of Congress on January 8, 2009 when they selected an ineligible candidate to be U.S. President, is harmed directly and most intimately in his adhesion to the very Armed Forces which is duty-bound to uphold that Constitution.

If the violation of the U.S. Constitution’s explicit, facial obligations for holding the office of the U.S. President is a crime which harms no one in particular and which thus presents no basis for a judicial review, then the Republic has been overthrown by the Chicago Mob, and there is no recourse left but ballots and armed counter-revolution.

By claiming such violation is no grounds for a case in Federal Court, the Department of Justice has publicly admitted that it accepts a political theory of usurpation and tyranny whereby a small coterie of individuals, controlling both parties, can overthrow the constitutional order of our Republic and nullify any constitutional restriction as long as they, and they alone, are unanimous in their action.

In other words, the Department of Justice has just confessed and admitted a theory of dictatorship of the few over the democratic rule by the People.  And that is the Politics of Tyrants.

The Third Circuit Court would be well-advised to consider that without a U.S. Armed Forces bound to a constitutionally eligible and respectful Commander-in-Chief, once they refuse to uphold the rights of members of the U.S. Military to contest the claims of such an illegitimate commander, they expose themselves to become the next victims of the use of such military force against the other branches of government:  for if you render the military oath of no force or value before your court, you have declared that the armed forces are no longer are bound to uphold the U.S. Constitution in any term or obligation which that document declares.

It’s a simple choice then:  the Constitution or tyranny; liberty or death!

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Comments
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  3. grayrider says:

    CONGRESS MIGHT PASS THE HEALTH BILL WITHOUT VOTING ON IT: A STEP CLOSER TO TYRANNY

    There was a time when I wouldn’t believe that members of congress would be so out of touch with the American people that they would have to resort to underhanded tactics to thwart the will of the people.

    Well, Nancy Pelosi, the Speaker of the House of Representatives, is thinking of doing just that. Representative Louise Slaughter (D-NY) came up with what is now known as the “Slaughter Solution” or “Deem and Pass” that will let the House of Representatives deem the Senate Health Bill as passed in the House without any representative voting on it. Once they use this outrageous procedure, the house leadership can then have additional language inserted into the bill that will satisfy those House Democrats who oppose the bill in its original form.

    Meanwhile, in order for Senate Democrats to be able to use the Reconciliation procedure – a procedure that circumvents the 60 votes needed to overcome a filibuster – the House must pass the Senate Bill ‘as is’, with the exact same wording, before changes can be made. However, the Democratic leadership in the House doesn’t have enough votes to do that and one of the biggest reasons is that the Senate Bill has a provision that allows for taxpayer funded abortions.

    I believe that the Slaughter Solution is not only dishonest and smacks of dirty tricks, but I also believe that it is unconstitutional as is most of the legislation that congress has passed in recent years. Article I, Section VII, Clause II of the U.S. Constitution clearly states: “…the Votes of both Houses shall be determined by Yeas and Nays, and the Names of the Persons voting for and against the Bill shall be entered on the Journal of each House respectively…” This newly invented “Slaughter Solution” clearly does not allow this type of procedure.

    The Democratic leadership in the Senate has tried to assure the Democratic leadership in the House that if the House simply passes the bill as it is, the Senate will make changes amenable to the House after the fact. Pro-life House members, led by Bart Stupak (D-MI) are balking at this assurance and pointed to the hundreds of House bills that are currently still wallowing in the Senate. He also wants to see the changes in writing as he doesn’t trust his own party’s leaders.

    If the Democratic leaderhip in the Senate imposes the ‘Reconciliation Rule’ to pass this bill, unfortunately for them, that alone will not be enough to get the bill passed. The reconciliation procedure, also known as the ‘Byrd Rule’ named after Senator Robert Byrd, is already extremely controversial. Senator Byrd is on the record in Congress saying his rule was “Never intended” to pass this kind of legislation, so the House leadership appears ready to adopt the Slaughter Solution instead. If the Slaughter Solution is instituted, the House of Representatives will actually pass the almost $875 billion bill without the members of the House actually voting on it. This is outrageous and smacks of something we would expect from the Russian politburo or a marxist distatorship.

    Although the “Slaughter Solution” or the “deem and pass” rule has been used in the past, it has never been used to pass legislation as momentous as the $875 billion health-care bill. It is one of three options that Nancy Pelosi said she is considering for a House vote, but she added that she prefers this method because it would politically protect lawmakers who are reluctant to publicly support the measure. What an outrageous statement, particulalrly in view of constitutional requirements of Article I, Section VII, Clause II previously mentioned in this article.

    There is also a 1998 Supreme Court ruling, CLINTON v. CITY OF NEW YORK (97-1374), that said each house of Congress must approve the exact same text of a bill before it can become law. A self-executing “deem and pass” rule would sidestep that requirement, former federal appellate judge Michael McConnell said in a recent Wall Street Journal op-ed and it would be unconstitutional.

    The American people have overwhelmingly rejected this bill, but the President and the Democrat leaders in both houses of congress seem intent on using misinformation, lies, deceit, bribery and any other questionable and unconstitutional procedure to ram this socialist legislation down the throats of the American people without a public discussion of the merits. Why?

    We are fast approaching a point of no return in America. If our Marxist President and the Democratic-Socialist leadership in congress are successful in passing this Health Bill, they will be emboldened to pass other critical legislation on their agenda to bring a free America to its knees. If the Health Bill is passed, they will quickly move to pass an all-encompassing Amnesty Bill, followed by a massive Cap and Trade Bill, a National biometric ID Card Bill and then the takeover of America will be almost complete. All that will be left is for them to come for our guns.

    Let us remember that at critical points in human history, only a few generations have been given the honor and privlege of defending ‘Freedom’ in its maximum hour of danger.

    In 1776, our founders’ generation were given the honor and privlege of defending ‘Freedom’ in its maximum hour of danger, which resulted in the birth of this great nation that is still a beacon of hope to the freedom loving people of the world.

    The generations of World War I and World War II were also given the honor and privlege of defending ‘Freedom’ in its maximun house of danger.

    Today in America, we again find ourselves in a critical point in history, for ‘Freedom’ once again is in mortal danger, just as it was in 1776 and in WWI and WWII. Our generation is facing a different kind of mortal danger to our “Freedom’ because that danger is not coming from some foreign country, king, dictator or enemy combatants, but it is coming from our own federal government.

    Our Founders told us that “Governments get their just powers from the consent of the governed and whenever the government becomes destructive of these ends, it is not only the people’s Right, but it is their sacred Duty to change the government. “

    In 2010, we are now the generation that has been given the honor and privlege of defending ‘Freedom’ in its maximum hour of danger and this is our time to perform that sacred duty. We must stand up, speak up and be willing to actively resist the growing unconstitutional actions of the our federal government that puts the interests of government leaders and the oligarchy ahead of the interests of the people. By definition, this is tryanny.

    Let us act before it’s too late, not just for ourselves, but for our children and our children’s children. I pray to God that we will be successful, for the free people of the world are depending on us.

    GOD BLESS A FREE AMERICA!!!!!!

    John Wallace
    http://www.TeaPartyRep.com

  4. tuxkabin says:

    If you review this article of which I have done hours of research. You will note that this man to to right and the star badge is the true trail to the New world Order. Ever wonder why these countries are never in the news.Follow the link and you will note that the swiss and Holland are the new world order, there they are go get them.
    http://en.wikipedia.org/wiki/Adolphe,_Grand_Duke_of_Luxembourg

  5. Longknife 21 says:

    If the Constitution is the contract that created the Federal Gov’t and they violate that contract and it becomes unenforced & unenforceable and thereby null & void; then the Federal Gov’t has no legal foundation, is entirely a USURPATION and is an ENEMY of the People and the States!

    Because the Democrat Party did not properly investigate and document a candidate for President, then willfully, knowingly, and intentionally fostered this candidate on the People, they are all guilty of Malfeasance of office, suborning the Constitution, sedition, and treason.
    The entire Congress is guilty of Misfeasance for not protesting.
    The entire Federal Judiciary is guilty of Misfeasance. Those Judges that have refused to hear the evidence in the Case are guilty of Malfeasance, Misprison of Felony, and probably worse.
    The entire Executive Branch, all Offices, and all employees are guilty of Malfeasance, and other crimes up to Treason.

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